HBA-KMH S.B. 484 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 484 By: Duncan State Affairs 4/27/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law allows all telephone lines, including those which may only be used for data transmission, to be assessed a service charge for 9-1-1 service. S.B. 484 defines a local exchange access line and an equivalent local exchange access line for purposes of the imposition of 9-1-1 emergency services fees and the exclusion of certain telephone lines used to provide Internet access. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to Advisory Commission on State Emergency Communications in SECTION 1 (Section 771.063(a), Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 771, Health and Safety Code, by adding Section 771.063, as follows: Sec. 771.063. DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND EQUIVALENT LOCAL EXCHANGE ACCESS LINE. (a) Requires the Advisory Commission on State Emergency Communications (advisory commission) to determine, by rule, what constitutes a local exchange access line and an equivalent local exchange access line for all 9-1-1 emergency service fees imposed statewide. (b) Requires the advisory commission, by October 1, 1999, to adopt definitions of a local exchange access line and an equivalent local exchange access line that exclude a line from a telecommunications service provider to an Internet service provider for the Internet service provider's data modem lines used only to provide its Internet access service and that are not capable of transmitting voice messages. (c) Requires the advisory commission to annually review the definitions of a local exchange access line and an equivalent local exchange access line to address technical and structure changes in the provision of telecommunications and data services. Authorizes the advisory commission to include in the annual review, previously excluded Internet service provider data modem lines if it determines that circumstances have changed sufficiently enough that 9-1-1 emergency calls through those lines are done on a regular basis or that the data lines are voice capable or that the lines are functionally equivalent. (d) Requires an emergency communications district (district) described by Section 771.001(3)(A) or Section 771.001(3)(B) that has not participated in a regional plan to use the advisory commission's definitions of a local exchange access line and an equivalent local exchange access line for purposes of imposing its emergency service fees and prohibits the district from imposing an emergency service fee on any line excluded from the advisory commission's definitions. (e) Requires a service provider to collect and remit the emergency service fees to the advisory commission or the appropriate emergency communication district, as applicable, in accordance with the advisory commission's definition of a local exchange access line and an equivalent local exchange access line. SECTION 2. Amends Section 771.071(a), Health and Safety Code, to prohibit a fee from being imposed on any line that the advisory commission excluded from the definition of a local exchange access line or an equivalent local exchange access line under to Section 771.063. Deletes text requiring the advisory commission to determine what constitutes an equivalent access line. SECTION 3. Amends Section 772.114(b), Health and Safety Code, to make a conforming change. SECTION 4. Amends Section 772.214(b), Health and Safety Code, to make a conforming change. SECTION 5. Amends Section 772.314(b), Health and Safety Code, to make a conforming change. SECTION 6. Amends Section 772.403(a), Health and Safety Code, to make a conforming change. SECTION 7. Provides that this Act takes effect immediately and applies to a fee imposed on or after that date. SECTION 8. Emergency clause.