reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.0316. Grounds for Removal of Commission Member

Sec. 771.0316.  GROUNDS FOR REMOVAL OF COMMISSION MEMBER.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 771.031;
(2)  does not maintain during service the qualifications required by Section 771.031;
(3)  is ineligible for membership under Section 771.031 or 771.0315;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.032. Application of Sunset Act

Sec. 771.032.  APPLICATION OF SUNSET ACT.  The Commission on State Emergency Communications is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2029.
Added by Acts 1995, 74th Leg., ch. 970, Sec. 2.01, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 511 (H.B. 1861), Sec. 1, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 3.03, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.12, eff. June 18, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.033. Meetings

Sec. 771.033.   MEETINGS.  The commission shall meet in Austin and at other places fixed by the commission at the call of the presiding officer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.034. Expenses

Sec. 771.034.  EXPENSES.  The expenses of a member of the commission shall be paid as provided by the General Appropriations Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.035. Staff; Personnel Policies

Sec. 771.035.  STAFF;  PERSONNEL POLICIES.  (a)  The commission may employ persons as necessary to carry out its functions.
(b)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(c)  The policy statement must include:
(1)  personnel policies, including policies related to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(d)  The policy statement must be:
(1)  updated annually;
(2)  reviewed by the state Commission on Human Rights for compliance with Subsection (c)(1);  and
(3)  filed with the governor's office.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.036. Standards of Conduct

Sec. 771.036.  STANDARDS OF CONDUCT.  The executive director or the executive director's designee shall provide to members of the commission and to employees of the commission, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.037. Commission Member Training

Sec. 771.037.  COMMISSION MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the commission;
(2)  the programs operated by the commission;
(3)  the role and functions of the commission;
(4)  the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget of the commission;
(6)  the results of the most recent formal audit of the commission;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict of interest laws;  and
(8)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether the attendance of the program occurs before or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.038. Public Comments

Sec. 771.038.  PUBLIC COMMENTS.  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.039. Complaints

Sec. 771.039.  COMPLAINTS.  (a)  The commission shall maintain a file on each written complaint filed with the commission.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
(c)  The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.040. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 771.040.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 511 (H.B. 1861), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.0511. Emergency Services Internet Protocol Network; Emergency Communications Advisory Committee

Sec. 771.0511.  EMERGENCY SERVICES INTERNET PROTOCOL NETWORK; EMERGENCY COMMUNICATIONS ADVISORY COMMITTEE.  (a)  In this section:
(1)  "Advisory committee" means the Emergency Communications Advisory Committee.
(2)  "State-level emergency services Internet Protocol network" means a private Internet Protocol network or Virtual Private Network that:
(A)  is used for communications between and among public safety answering points and other entities that support or are supported by public safety answering points in providing emergency call handling and response; and
(B)  will be a part of the Texas Next Generation Emergency Communications System.
(b)  The commission, with the assistance of an advisory committee, may coordinate the development, implementation, and management of an interconnected, state-level emergency services Internet Protocol network.
(c)  If the commission acts under Subsection (b), the commission shall establish policy and oversee agency involvement in the development and implementation of the interconnected, state-level emergency services Internet Protocol network.
(d)  If the commission acts under Subsection (b), the commission shall appoint an advisory committee.  The advisory committee must include at least:
(1)  one representative from a regional planning commission;
(2)  one representative from an emergency communication district, as that term is defined by Section 771.001(3)(A); and
(3)  one representative from an emergency communication district, as that term is defined by Section 771.001(3)(B).
(e)  In appointing members of an advisory committee, the commission shall consult with regional planning commissions and emergency communication districts throughout the state.  The commission shall ensure that each member of the advisory committee has appropriate training, experience, and knowledge in 9-1-1 systems and network management to assist in the implementation and operation of a complex network.
Added by Acts 2011, 82nd Leg., R.S., Ch. 511 (H.B. 1861), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.0512. Obligations or Requirements Concerning Voice Over Internet Protocol, Internet Protocol Enabled Service, or Commercial Mobile Service or Wireline Service

Sec. 771.0512.  OBLIGATIONS OR REQUIREMENTS CONCERNING VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE.  Defining "9-1-1 service" as a communications service and other amendments effective September 1, 2013, do not expand or change the authority or jurisdiction of a public agency or the commission over commercial mobile service or wireline service including Voice over Internet Protocol service or Internet Protocol enabled service or expand the authority of a public agency or the commission to assess 911 fees.  Nothing in this chapter affects Section 52.002(d), Utilities Code. In this section, "Voice over Internet Protocol service," "Internet Protocol enabled service," and "commercial mobile service" have the meanings assigned by Sections 51.002 and 51.003, Utilities Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.052. Agency Cooperation

Sec. 771.052.  AGENCY COOPERATION.  Each public agency and regional planning commission shall cooperate with the commission to the fullest extent possible.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 14, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.053. Statewide Limitation on Liability of Service Providers and Certain Public Officers

Sec. 771.053.  STATEWIDE LIMITATION ON LIABILITY OF SERVICE PROVIDERS AND CERTAIN PUBLIC OFFICERS.  (a)  A service provider of communications service involved in providing 9-1-1 service, a manufacturer of equipment used in providing 9-1-1 service, a developer of software used in providing 9-1-1 service, a third party or other entity involved in providing 9-1-1 service, or an officer, director, or employee of the service provider, manufacturer, developer, third party, or other entity involved in providing 9-1-1 service is not liable for any claim, damage, or loss arising from the provision of 9-1-1 service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.
(b)  A member of the commission or of the governing body of a public agency is not liable for any claim, damage, or loss arising from the provision of 9-1-1 service unless the act or omission causing the claim, damage, or loss violates a statute or ordinance applicable to the action.
(c)  This section shall be interpreted to provide protection relating to confidentiality and immunity and protection from liability with at least the same scope and to at least the same extent as described by federal law, including 47 U.S.C. Section 615a and 47 U.S.C. Section 1472.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 2, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1405, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.054. Effect of Chapter on Emergency Communication Districts

Sec. 771.054.  EFFECT OF CHAPTER ON EMERGENCY COMMUNICATION DISTRICTS.  Except as expressly provided by this chapter, this chapter does not affect the existence or operation of an emergency communication district or prevent the addition of territory to the area served by an emergency communication district as provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.056. Submission of Regional Plan to Commission

Sec. 771.056.  SUBMISSION OF REGIONAL PLAN TO COMMISSION.  (a)  The regional planning commission shall submit a regional plan, or an amendment to the plan, to the commission for approval or disapproval.
(b)  In making its determination, the commission shall consider whether the plan or amendment satisfies the standards established by the commission under this chapter, the cost and effectiveness of the plan or amendment, and the appropriateness of the plan or amendment in the establishment of statewide 9-1-1 service.
(c)  The commission shall notify a regional planning commission of the approval or disapproval of the plan or amendment not later than the 90th day after the date the commission receives an administratively complete plan or amendment.  If the commission disapproves the plan, it shall specify the reasons for disapproval and set a deadline for submission of a modified plan.
(d)  If the commission approves the plan, it shall allocate to the region from the money collected under Sections 771.071, 771.0711, and 771.072 and appropriated to the commission the amount that the commission considers appropriate to operate 9-1-1 service in the region according to the plan and contracts executed under Section 771.078.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 17, eff. Sept. 1, 1999.
Sec. 771.057.  AMENDMENT OF PLAN.  A regional plan may be amended according to the procedure determined by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 18, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.059. Target Date for Statewide Next Generation 9-1-1 Service

Sec. 771.059.  TARGET DATE FOR STATEWIDE NEXT GENERATION 9-1-1 SERVICE. Before September 1, 2025, all parts of the state must be covered by next generation 9-1-1 service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 830 (H.B. 2911), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.060. Business Providing Residential Telephone Switches

Sec. 771.060.  BUSINESS PROVIDING RESIDENTIAL TELEPHONE SWITCHES.  A business service user that provides residential facilities and owns or leases a private telephone switch used to provide telephone service to facility residents shall provide to those residential end users the same level of 9-1-1 service that a service supplier is providing to other residential end users in the area participating in the regional plan under Section 771.051(a)(2).
Added by Acts 1993, 73rd Leg., ch. 936, Sec. 3, eff. Aug. 30, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 11.005, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.061. Statewide Confidentiality of Information

Sec. 771.061.  STATEWIDE CONFIDENTIALITY OF INFORMATION.  (a)  Information that a service provider of communications service is required to furnish to a governmental entity, including a regional planning commission, emergency communications district, or public safety answering point, in providing 9-1-1 service or that a service provider, third party, or other entity voluntarily furnishes at the request of a governmental entity in providing 9-1-1 service is confidential and is not available for public inspection.  Information that is contained in an address database maintained by a governmental entity or a third party used in providing 9-1-1 service is confidential and is not available for public inspection.  The service provider or third party is not liable to any person who uses a 9-1-1 service for the release of information furnished by the service provider or third party in providing 9-1-1 service, unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.
(b)  Information that a service provider furnishes to the commission or an emergency communication district to verify or audit emergency service fees or surcharge remittances and that includes access line or market share information of an individual service provider is confidential and not available for public inspection.
(c)  This section shall be interpreted to provide protection relating to confidentiality and immunity and protection from liability with at least the same scope and to at least the same extent as described by federal law, including 47 U.S.C. Section 615a and 47 U.S.C. Section 1472.
Added by Acts 1997, 75th Leg., ch. 1377, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 20, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.062. Local Adoption of State Rule

Sec. 771.062.  LOCAL ADOPTION OF STATE RULE.  (a)  An emergency communication district may adopt any provision of this chapter or any commission rule.  The commission may enforce a provision or rule adopted by an emergency communication district under this section.
(b)  The commission shall maintain and update at least annually a list of provisions or rules that have been adopted by emergency communication districts under this section.
(c)  An emergency communication district or home-rule municipality that operates a 9-1-1 system independent of the state system may voluntarily submit strategic planning information to the commission for use in preparing the strategic plan for statewide 9-1-1 service.  This information as determined by the commission, if reported, may:
(1)  include a survey of the current performance, efficiency, and degree of implementation of emergency communications services;
(2)  detail the progress made toward meeting the goals and objectives of the previous strategic plan;
(3)  describe the strategic direction, goals, and objectives for emergency communications services;
(4)  identify major issues, long-range policy guidelines, and priorities relating to improving emergency communications services;  and
(5)  detail the financial performance of each district in implementing emergency communications services.
(d)  The commission shall establish reasonable guidelines for use by districts and home-rule municipalities in preparing information for the strategic plan for statewide 9-1-1 services.  These guidelines shall include the time frames of information and instructions for submission.
Added by Acts 1997, 75th Leg., ch. 1377, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 21, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter C. Administration of State Emergency Communications › Section 771.063. Definition of Local Exchange Access Line and Equivalent Local Exchange Access Line

Sec. 771.063.  DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND EQUIVALENT LOCAL EXCHANGE ACCESS LINE.  (a)  The advisory commission shall determine by rulemaking what constitutes a local exchange access line and an equivalent local exchange access line for all 9-1-1 emergency services fees imposed statewide.
(b)  By October 1, 1999, the advisory commission shall 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)  The advisory commission shall annually review the definitions of a local exchange access line and an equivalent local exchange access line to address technical and structural changes in the provision of telecommunications and data services.  In that annual review, the advisory commission may include 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)  An emergency communication district described by Section 771.001(3)(A) or (B) that has not participated in a regional plan shall 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 may not impose an emergency service fee on any line excluded from the advisory commission's definitions.
(e)  A service provider shall 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.
Added by Acts 1999, 76th Leg., ch. 1203, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.0712. Prepaid 9-1-1 Emergency Service Fee

Sec. 771.0712.  PREPAID 9-1-1 EMERGENCY SERVICE FEE.  (a)  To ensure that all 9-1-1 agencies under Section 418.051, Government Code, are adequately funded, beginning on June 1, 2010, a prepaid wireless 9-1-1 emergency services fee of two percent of the purchase price of each prepaid wireless telecommunications service purchased by any method, shall be collected by the seller from the consumer at the time of each retail transaction of prepaid wireless telecommunications service occurring in this state and remitted to the comptroller consistent with Chapter 151, Tax Code, and distributed consistent with the procedures in place for the emergency services fee in Section 771.0711, Health and Safety Code.  A seller may deduct and retain two percent of prepaid wireless 9-1-1 emergency services fees that it collects under this section to offset its costs in administering this fee.
(b)  The comptroller shall adopt rules to implement this section by June 1, 2010.
(c)  A seller who fails to file a report or remit a fee collected or payable as provided by this section and comptroller rules shall pay five percent of the amount due and payable as a penalty, and if the seller fails to file the report or remit the fee within 30 days after the day the fee or report is due, the seller shall pay an additional five percent of the amount due and payable as an additional penalty.
(d)  In addition to any other penalty authorized by this section, a seller who fails to file a report as provided by this section shall pay a penalty of $50.  The penalty provided by this subsection is assessed without regard to whether the seller subsequently files the report or whether any taxes were due from the seller for the reporting period under the required report.
(e)  A marketplace provider, as defined by Section 151.0242(a), Tax Code, shall:
(1)  collect on behalf of the seller the fee imposed by this section on a sale made through the marketplace; and
(2)  after making the deduction authorized to be made by a seller under Subsection (a), remit the fee to the comptroller in the same manner a seller remits collected fees under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 3.03a, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 14.10, eff. October 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 569 (S.B. 477), Sec. 3, eff. July 1, 2022.
For expiration of this section, see Subsection (g).
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.0725. Establishment of Rates for Fees

Sec. 771.0725.  ESTABLISHMENT OF RATES FOR FEES.
(a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 448, Sec. 1, eff. September 1, 2013.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 448, Sec. 1, eff. September 1, 2013.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 448, Sec. 1, eff. September 1, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 448, Sec. 1, eff. September 1, 2013.
(e)  The commission shall establish the rate for the equalization surcharge imposed under Section 771.072 for each state fiscal biennium in an amount that ensures the aggregate of the anticipated surcharges collected from all customers for the following 12 months does not exceed the aggregate of the surcharges collected from all customers during the preceding 12 months.  Any change in the equalization surcharge rate may not become effective before the 90th day after the date notice of the change is provided by the commission to the service providers.
Added by Acts 1997, 75th Leg., ch. 1241, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.33, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1405, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 73.05, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 448 (S.B. 809), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.0735. Sourcing of Charges for Mobile Telecommunications Services

Sec. 771.0735.  SOURCING OF CHARGES FOR MOBILE TELECOMMUNICATIONS SERVICES.  The federal Mobile Telecommunications Sourcing Act (4 U.S.C. Sections 116-126) governs the sourcing of charges for mobile telecommunications services.  In accordance with that Act:
(1)  mobile telecommunications services provided in a taxing jurisdiction to a customer, the charges for which are billed by or for the customer's home service provider, shall be deemed to be provided by the customer's home service provider;
(2)  all charges for mobile telecommunications services that are deemed to be provided by the customer's home service provider in accordance with the Act are authorized to be subjected to tax, charge, or fee by the taxing jurisdictions whose territorial limits encompass the customer's place of primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through, and no other taxing jurisdiction may impose taxes, charges, or fees on charges for such mobile telecommunications services; and
(3)  the fee and the surcharge imposed on wireless telecommunications bills shall be administered in accordance with Section 151.061, Tax Code.
Added by Acts 2001, 77th Leg., ch. 370, Sec. 4, eff. Aug. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 73.07, eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.074. Exemption

Sec. 771.074.  EXEMPTION.  A fee or surcharge authorized by this subchapter, Chapter 772, or a home-rule municipality may not be imposed on or collected from the state or the federal government.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1377, Sec. 4, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 84, eff. Jan. 1, 2002.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.075. Use of Revenue

Sec. 771.075.  USE OF REVENUE.  Except as provided by Section 771.0751, 771.072(e), 771.072(f), or 771.073(e), fees and surcharges collected under this subchapter may be used only for planning, development, provision, and enhancement of the effectiveness of 9-1-1 service as approved by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 670, Sec. 4, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 936, Sec. 6, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 638, Sec. 6, eff;  Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1405, Sec. 27, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 258, Sec. 1, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1324, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.0751. Use of Revenue in Certain Counties

Text of section added by Acts 2003, 78th Leg., ch. 1324, Sec. 2
For text of section as added by Acts 2003, 78th Leg., ch. 258, Sec. 2, see other Sec. 771.0751
Sec. 771.0751.  USE OF REVENUE IN CERTAIN COUNTIES.  (a)  This section applies only to the use of fees and surcharges collected under this subchapter in the county that has the highest population within a region subject to this subchapter.
(b)  In addition to use authorized or required by Section 771.072(e) or (f), 771.073(e), or 771.075, fees and surcharges collected under this subchapter may be used for any costs considered necessary by the commission and attributable to:
(1)  designing a 9-1-1 system;  or
(2)  obtaining and maintaining equipment and personnel necessary to establish and operate:
(A)  a public safety answering point and related operations;  or
(B)  other related answering points and operations.
Added by Acts 2003, 78th Leg., ch. 1324, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.0751. Use of Revenue in Certain Counties

Text of section added by Acts 2003, 78th Leg., ch. 258, Sec. 2
For text of section as added by Acts 2003, 78th Leg., ch. 1324, Sec. 2, see other Sec. 771.0751
Sec. 771.0751.  USE OF REVENUE IN CERTAIN COUNTIES.  (a)  This section applies only to the use of fees and surcharges collected under this subchapter in a county subject to this subchapter with a population of at least 1.2 million.
(b)  In addition to use authorized or required by Section 771.072(e) or (f), 771.073(e), or 771.075, fees and surcharges collected under this subchapter may be used for any costs considered necessary by the commission and attributable to:
(1)  designing a 9-1-1 system;  or
(2)  obtaining and maintaining equipment and personnel necessary to establish and operate:
(A)  a public safety answering point and related operations;  or
(B)  other related answering points and operations.
Added by Acts 2003, 78th Leg., ch. 258, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 50, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 103, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.076. Audits

Sec. 771.076.  AUDITS.  (a)  The commission or an employee of the commission may notify the comptroller of any irregularity that may indicate that an audit of a service provider collecting a fee or surcharge under this subchapter is warranted.  The comptroller also may audit a service provider at the comptroller's discretion, without first receiving a notification from the commission or an employee of the commission.  The cost of the audit shall not be assessed against the service provider.  The commission may require at its own expense that an audit be conducted of a public agency receiving money under this chapter.
(b)  If the comptroller conducts an audit of a service provider that collects and disburses fees or surcharges under this subchapter, the comptroller shall also audit those collections and disbursements to determine if the provider is complying with this chapter.
(c)  At the request of the Public Utility Commission of Texas, the state auditor may audit a regional planning commission or other public agency designated by the regional planning commission that receives money under this subchapter.
(d)  The audit of a public agency under Subsection (a) or (c) must be limited to the collection, remittance, and expenditure of money collected under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1241, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1405, Sec. 28, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1158, Sec. 85, eff. Jan. 1, 2002.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.077. Collection of Fees and Surcharges

Sec. 771.077.  COLLECTION OF FEES AND SURCHARGES.  (a)  The comptroller may establish collection procedures to collect past due amounts and may recover the costs of collection from a service provider or business service user that fails to timely deliver the fees and the equalization surcharge to the comptroller. Subtitles A and B, Title 2, Tax Code, apply to the administration and collection of amounts by the comptroller under this subchapter.
(b)  The comptroller may establish procedures to be used by the commission to notify the comptroller of a service provider's or business service user's failure to timely deliver the fees or surcharges.
(c)  The comptroller shall deposit amounts received as costs of collection in the general revenue fund.
(d)  The comptroller shall:
(1)  remit to the commission money collected under this section for fees provided by Section 771.0711 and associated late penalties;
(2)  deposit to the 9-1-1 services fee account any money collected under this section for fees provided by Section 771.071 and associated late penalties;  and
(3)  deposit to the account as authorized by Section 771.072 any money collected under this section for fees provided by Section 771.072 and associated late penalties.
(e)  The commission shall:
(1)  deposit or distribute the money remitted under Subsection (d)(1) as Section 771.0711 provides for fees received under that section;  and
(2)  distribute the money remitted under Subsection (d)(2) and appropriated to the commission under contracts as provided by Section 771.078(b)(1).
Added by Acts 1995, 74th Leg., ch. 638, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 29, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1158, Sec. 86, eff. Jan. 1, 2002.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter D. Financing State Emergency Communications › Section 771.079. 9-1-1 Services Fee Fund

Sec. 771.079.  9-1-1 SERVICES FEE FUND.  (a)  The 9-1-1 services fee fund is an account in the general revenue fund.
(b)  The account consists of:
(1)  fees deposited in the fund as provided by Sections 771.071 and 771.0711;
(2)  money deposited to the account under Section 771.0713(c-3); and
(3)  notwithstanding Section 404.071, Government Code, all interest attributable to money held in the account.
(c)  Except as provided by Subsection (c-1), money in the account may be appropriated only to the commission for planning, development, provision, or enhancement of the effectiveness of 9-1-1 service or for contracts with regional planning commissions for 9-1-1 service, including for the purposes of:
(1)  maintaining 9-1-1 service levels while providing for a transition to a system capable of addressing newer technologies and capable of addressing other needs;
(2)  planning and deploying statewide, regional, and local emergency network systems; and
(3)  updating geospatial mapping technologies.
(c-1)  The legislature may appropriate money from the account to provide assistance to volunteer fire departments under Subchapter G, Chapter 614, Government Code, only if:
(1)  the purposes described by Subsection (c) have been accomplished or are fully funded for the fiscal period for which an appropriation under this subsection is made; and
(2)  all other sources of revenue dedicated for the purposes of providing assistance to volunteer fire departments under Subchapter G, Chapter 614, Government Code, are obligated for the fiscal period for which an appropriation under this subsection is made.
(d)  Section 403.095, Government Code, does not apply to the account.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 31, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 7, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 189 (H.B. 3290), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter E. Emergency Medical Dispatch › Section 771.102. Establishment of the Emergency Medical Dispatch Resource Centers Program

Sec. 771.102.  ESTABLISHMENT OF THE EMERGENCY MEDICAL DISPATCH RESOURCE CENTERS PROGRAM.  (a)  The commission, with the assistance of the advisory council appointed under Section 773.012, shall administer the program in which emergency medical dispatchers located in regional emergency medical dispatch resource centers are used to provide life-saving and other emergency medical instructions to persons who need guidance while awaiting the arrival of emergency medical personnel.  The purpose of a regional emergency medical dispatch resource center is not to dispatch personnel or equipment resources but to serve as a resource to provide pre-arrival instructions that may be accessed by selected public safety answering points that are not adequately staffed or funded to provide those services.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 457 , Sec. 7, eff. September 1, 2015.
(c)  The commission, with the assistance of the advisory council, shall:
(1)  design criteria and protocols and provide oversight as needed to conduct the program;
(2)  collect the necessary data to evaluate the program; and
(3)  report its findings to the legislature.
Added by Acts 2001, 77th Leg., ch. 874, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1345, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 15 (S.B. 523), Sec. 1, eff. May 3, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1196 (H.B. 1412), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 457 (H.B. 479), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 457 (H.B. 479), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter E. Emergency Medical Dispatch › Section 771.103. Participation in Program

Sec. 771.103.  PARTICIPATION IN PROGRAM.  (a)  The commission shall determine which public safety answering points are interested in participating in the program.
(b)  Participating public safety answering points must agree to participate in any required training and to provide regular reports required by the commission for the program.
Added by Acts 2001, 77th Leg., ch. 874, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1345, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 15 (S.B. 523), Sec. 1, eff. May 3, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1196 (H.B. 1412), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 457 (H.B. 479), Sec. 2, eff. September 1, 2015.