Bill Text: TX HB2911 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to establishment of statewide and local emergency communications grant programs and financing of state emergency communications.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2015-04-28 - Left pending in committee [HB2911 Detail]

Download: Texas-2015-HB2911-Introduced.html

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84R10915 SCL-D
By: Stephenson H.B. No. 2911

A BILL TO BE ENTITLED
AN ACT
relating to establishment of statewide and local emergency
communications grant programs and financing of state emergency
communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 771.051(a), Health and Safety Code, is
amended to read as follows:
(a) The commission is the state's authority on emergency
communications. The commission shall:
(1) administer the implementation of statewide 9-1-1
service and the poison control network, including poison control
centers under Chapter 777;
(2) develop minimum performance standards for
equipment and operation of 9-1-1 service to be followed in
developing regional plans under Section 771.055, including
requirements that the plans provide for:
(A) automatic number identification by which the
telephone number of the caller is automatically identified at the
public safety answering point receiving the call; and
(B) other features the commission considers
appropriate;
(3) examine and approve or disapprove regional plans
as provided by Section 771.056;
(4) recommend minimum training standards, assist in
training, and provide assistance in the establishment and operation
of 9-1-1 service;
(5) allocate money to prepare and operate regional
plans as provided by Section 771.056;
(6) develop and provide public education materials and
training;
(7) plan, implement, operate, and maintain poison
control center databases and assist in planning, supporting, and
facilitating 9-1-1 databases, as needed;
(8) provide grants or contracts for services that
enhance the effectiveness of emergency services [9-1-1 service];
(9) coordinate emergency communications services and
providers;
(10) make reasonable efforts to gain voluntary
cooperation in the commission's activities of emergency
communications authorities and providers outside the commission's
jurisdiction, including:
(A) making joint communications to state and
federal regulators; and
(B) arranging cooperative purchases of equipment
or services; and
(11) accept, receive, and deposit in its account in
the general revenue fund gifts, grants, and royalties from public
and private entities. Gifts, grants, and royalties may be used for
the purposes of the commission.
SECTION 2. Section 771.056(d), Health and Safety Code, is
amended to read as follows:
(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.
SECTION 3. Sections 771.071(e) and (f), Health and Safety
Code, are amended to read as follows:
(e) A service provider shall collect the fees imposed on its
customers under this section. Not later than the 30th day after
the last day of the month in which the fees are collected, the
service provider shall deliver the fees to the comptroller. The
comptroller shall deposit money from the fees to the credit of the
9-1-1 services fee [account in the general revenue] fund. The
comptroller may establish alternative dates for payment of fees
under this section, provided that the required payment date be no
earlier than the 30th day after the last day of the reporting period
in which the fees are collected.
(f) The commission shall distribute money [appropriated to
the commission] from the 9-1-1 services fee fund to regional
planning commissions for use in providing 9-1-1 services as
provided by contracts executed under Section 771.078 and as
otherwise required or authorized by this subchapter. The regional
planning commissions shall distribute the money to public agencies
for use in providing those services.
SECTION 4. Sections 771.0711(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) A wireless service provider shall collect the fee in an
amount equal to 50 cents a month for each wireless
telecommunications connection from its subscribers and shall pay
the money collected to the comptroller not later than the 30th day
after the last day of the month during which the fees were
collected. The comptroller may establish alternative dates for
payment of fees under this section. The wireless service provider
may retain an administrative fee of one percent of the amount
collected. The comptroller shall deposit the money from the fees to
the credit of the 9-1-1 services fee fund [account]. [Until
deposited to the credit of the 9-1-1 services fee account as
required by Subsection (c), money the comptroller collects under
this subsection remains in a trust fund with the state treasury.]
(c) Money collected under Subsection (b) may be used only
for services related to 9-1-1 services, including automatic number
identification and automatic location information services, or as
authorized by this subchapter [Section 771.079(c)]. Not later
than the 15th day after the end of the month in which the money is
collected, the commission shall distribute to each emergency
communication district that does not participate in the state
system a portion of the money that bears the same proportion to the
total amount collected that the population of the area served by the
district bears to the population of the state. The remaining money
collected under Subsection (b) shall be deposited to the 9-1-1
services fee fund [account].
SECTION 5. Section 771.072(f), Health and Safety Code, is
amended to read as follows:
(f) The comptroller shall deposit the surcharges [and any
prior balances in accounts] in the 9-1-1 services fee fund [general
revenue fund in the state treasury until they are allocated to
regional planning commissions, other 9-1-1 jurisdictions, and
regional poison control centers in accordance with this section].
[From those accounts, the amount necessary for the commission to
fund approved plans of regional planning commissions and regional
poison control centers and to carry out its duties under this
chapter shall be appropriated to the commission. Section 403.095,
Government Code, does not apply to an account established by this
subsection.]
SECTION 6. Sections 771.077(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) The comptroller shall:
(1) deposit to the 9-1-1 services fee fund [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 fund [account]
any money collected under this section for fees provided by Section
771.071 and associated late penalties; and
(3) deposit to the 9-1-1 services fee fund [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 deposited
[remitted] under Subsection (d) [(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 [771.078(b)(1)].
SECTION 7. Section 771.078(b), Health and Safety Code, is
amended to read as follows:
(b) In making contracts under this section, the commission
shall ensure that each regional planning commission receives money
for 9-1-1 service in two separately computed amounts as provided by
this subsection. The commission must provide each regional
planning commission with:
(1) an amount of money equal to 75 percent of the total
of the revenue from the emergency service fees collected under
Section 771.071 that is deposited in the 9-1-1 services fee fund
[treasury and appropriated to the commission] multiplied by a
fraction, the numerator of which is the amount of those fees
collected from the region and the denominator of which is the total
amount of those fees collected in this state; [and]
(2) an amount of money equal to 75 percent of the total
of the revenue from the emergency service fee for wireless
telecommunications connections under Section 771.0711 that is
deposited in the 9-1-1 services fee fund [treasury and appropriated
to the commission] multiplied by a fraction, the numerator of which
is the population of the region and the denominator of which is the
population of this state; and
(3) an amount of money equal to 75 percent of the total
of the revenue from the surcharges collected under Section 771.072
that is deposited in the 9-1-1 services fee fund multiplied by a
fraction, the numerator of which is the amount of those surcharges
collected from the region and the denominator of which is the total
amount of those surcharges collected in this state.
SECTION 8. Subchapter D, Chapter 771, Health and Safety
Code, is amended by adding Sections 771.080 and 771.081 to read as
follows:
Sec. 771.080. 9-1-1 SERVICES FEE FUND. (a) The 9-1-1
services fee fund is created as a trust fund outside the state
treasury to be held by the Texas Treasury Safekeeping Trust Company
and administered by the commission under this section and rules
adopted by the commission.
(b) The 9-1-1 services fee fund is composed of fees and
surcharges collected under this subchapter. The commission may
disburse, without an appropriation, money held in the fund to
regional planning commissions only:
(1) as otherwise provided by this subchapter; and
(2) to emergency responders and poison control centers
under the statewide emergency communications grant program
established under Section 771.081.
(c) Money in the fund may not be used for salaries,
pensions, health care, or similar benefit programs for employees or
volunteers.
(d) The commission shall disburse 75 percent of the funds
deposited in the 9-1-1 services fee fund in a fiscal year to
regional planning commissions in the manner provided by Section
771.078(b).
(e) The commission shall disburse 25 percent of the funds
deposited in the 9-1-1 services fee fund in a fiscal year to
emergency responders and poison control centers under the statewide
emergency communications grant program established under Section
771.081 and the grant program established under Section 777.009.
The commission may not disburse funds under this subsection if the
amount disbursed exceeds 50 percent of the amount in the fund at the
beginning of the fiscal year.
(f) The commission may use funds from the 9-1-1 services fee
fund to pay the costs of administering this subchapter.
Sec. 771.081. STATEWIDE EMERGENCY COMMUNICATIONS GRANT
PROGRAM. (a) In this section, "capital asset" means a physical
item, including a fire truck, ambulance, police vehicle, hose,
stretcher, defibrillator, bulletproof vest, and police body
camera, necessary to provide emergency services.
(b) The commission shall establish and maintain a statewide
emergency communications grant program to finance the provision of
capital assets to emergency responders and poison control centers.
(c) If an emergency responder or poison control center is
located in an area in which residents pay a fee or surcharge under
this subchapter, the emergency responder or poison control center
may apply for financing the provision of a capital asset under the
statewide emergency communications grant program. The commission
shall determine whether to approve a grant based on the applicant's
financial need and commission rules. If the commission approves
the grant, the comptroller shall disburse the approved amount from
the 9-1-1 services fee fund to the applicant.
SECTION 9. Section 771.106(a), Health and Safety Code, is
amended to read as follows:
(a) Money [in the 9-1-1 services fee fund and other state
funds] may be appropriated to The University of Texas Medical
Branch at Galveston on behalf of the center to fund the program.
SECTION 10. Subchapter A, Chapter 772, Health and Safety
Code, is amended by adding Sections 772.004 and 772.005 to read as
follows:
Sec. 772.004. SURPLUS TRANSFER; ADDITIONAL PUBLIC PURPOSE.
(a) In this section, "district" means an emergency communications
district created under this chapter.
(b) At the end of each fiscal year, each district shall
transfer surplus revenue to a special reserve account in an amount
equal to 24 months of estimated operating expenses for the
district.
(c) After transferring surplus revenue under Subsection
(b), each district shall transfer:
(1) 10 percent of any remaining surplus revenue to the
special reserve account described by Subsection (b);
(2) 50 percent of any remaining surplus revenue to an
account for the district's local emergency communications grant
program; and
(3) 40 percent of any remaining surplus revenue to
each local emergency services district located in the district, on
a pro rata basis, to reduce the effective tax rate and rollback tax
rate of the emergency services districts under Section 775.0755.
(d) If the district receives funds remanded to the district
under Section 775.0755(d), the district shall reduce a fee assessed
under this chapter by the amount that would have produced the amount
remanded to the district under Section 775.0755(d).
(e) Notwithstanding any other law, the public purpose of an
emergency communications district includes the provision of
emergency services.
Sec. 772.005. LOCAL EMERGENCY COMMUNICATIONS GRANT
PROGRAM. (a) In this section:
(1) "Capital asset" means a physical item, including a
fire truck, ambulance, police vehicle, hose, stretcher,
defibrillator, bulletproof vest, and police body camera, necessary
to provide emergency services.
(2) "District" means an emergency communications
district created under this chapter.
(b) Each district shall establish and maintain a local
emergency communications grant program to finance the provision of
capital assets to local emergency responders and regional poison
control centers.
(c) A local emergency responder or regional poison control
center may apply for financing of the provision of a capital asset
under the local emergency communications grant program. The
applicable district shall determine whether to approve a grant
based on the applicant's financial need and rules adopted by the
Commission on State Emergency Communications. If the district
approves the grant, the district shall disburse the approved amount
to the applicant.
SECTION 11. The heading to Section 773.122, Health and
Safety Code, is amended to read as follows:
Sec. 773.122. PAYMENTS FROM THE ACCOUNT [ACCOUNTS].
SECTION 12. Sections 773.122(a), (c), (d), (e), (f), and
(g), Health and Safety Code, are amended to read as follows:
(a) The commissioner, with advice and counsel from the
chairpersons of the trauma service area regional advisory councils,
shall use money in the account [accounts] established under Section
[Sections 771.072(f) and] 773.006 to fund county and regional
emergency medical services, designated trauma facilities, and
trauma care systems in accordance with this section.
(c) In any fiscal year the commissioner shall use 50 percent
of the appropriated money remaining from the account [accounts],
after any amount necessary to maintain the reserve established by
Subsection (b) is deducted, to fund, in connection with an effort to
provide coordination with the appropriate trauma service area, the
cost of supplies, operational expenses, education and training,
equipment, vehicles, and communications systems for local
emergency medical services. The money shall be distributed on
behalf of eligible recipients in each county to the trauma service
area regional advisory council for that county. To receive a
distribution under this subsection, the regional advisory council
must be incorporated as an entity that is exempt from federal income
tax under Section 501(a), Internal Revenue Code of 1986, and its
subsequent amendments, by being listed as an exempt organization
under Section 501(c)(3) of the code. The share of the money
allocated to the eligible recipients in a county's geographic area
shall be based on the relative geographic size and population of the
county and on the relative number of emergency or trauma care runs
performed by eligible recipients in the county. Money that is not
disbursed by a regional advisory council to eligible recipients for
approved functions by the end of the fiscal year in which the funds
were disbursed may be retained by the regional advisory council to
be used during the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory
council during the following fiscal year shall be returned to the
account.
(d) In any fiscal year, the commissioner may use not more
than 20 percent of the appropriated money remaining from the
account [accounts], after any amount necessary to maintain the
reserve established by Subsection (b) is deducted, for operation of
the 22 trauma service areas and for equipment, communications, and
education and training for the areas. Money distributed under this
subsection shall be distributed on behalf of eligible recipients in
each county to the trauma service area regional advisory council
for that county. To receive a distribution under this subsection,
the regional advisory council must be incorporated as an entity
that is exempt from federal income tax under Section 501(a),
Internal Revenue Code of 1986, and its subsequent amendments, by
being listed as an exempt organization under Section 501(c)(3) of
the code. A regional advisory council's share of money distributed
under this section shall be based on the relative geographic size
and population of each trauma service area and on the relative
amount of trauma care provided. Money that is not disbursed by a
regional advisory council to eligible recipients for approved
functions by the end of the fiscal year in which the funds were
disbursed may be retained by the regional advisory council to be
used during the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory
council during the following fiscal year shall be returned to the
account.
(e) In any fiscal year, the commissioner may use not more
than three percent of the appropriated money from the account
[accounts] after any amount necessary to maintain the reserve
established by Subsection (b) is deducted to fund the
administrative costs of the bureau of emergency management of the
department associated with administering the state emergency
medical services program, the trauma program, and the account
[accounts] and to fund the costs of monitoring and providing
technical assistance for those programs and the account [accounts].
(f) In any fiscal year, the commissioner shall use at least
27 percent of the appropriated money remaining from the account
[accounts] after any amount necessary to maintain the reserve
established by Subsection (b) is deducted and the money from the
account [accounts] not otherwise distributed under this section to
fund a portion of the uncompensated trauma care provided at
facilities designated as state trauma facilities by the department.
The administrator of a designated facility may request a regional
advisory council chairperson to petition the department for
disbursement of funds to a designated trauma facility in the
chairperson's trauma service area that has provided uncompensated
trauma care. Funds may be disbursed under this subsection based on
a proportionate share of uncompensated trauma care provided in the
state and may be used to fund innovative projects to enhance the
delivery of patient care in the overall emergency medical services
and trauma care system.
(g) The department shall review the percentages for
disbursement of funds in the account [accounts] on an annual basis
and shall make recommendations for proposed changes to ensure that
appropriate and fair funding is provided under this section.
SECTION 13. Section 773.123, Health and Safety Code, is
amended to read as follows:
Sec. 773.123. CONTROL OF EXPENDITURES FROM ACCOUNT
[ACCOUNTS]. Money distributed from the account [accounts]
established under Section [Sections 771.072(f) and] 773.006 shall
be used in accordance with Section 773.122 on the authorization of
the executive committee of the trauma service area regional
advisory council.
SECTION 14. Subchapter E, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0755 to read as follows:
Sec. 775.0755. TEMPORARY REDUCTION OF AD VALOREM TAX RATE.
(a) If the district receives funds under Section 772.004, the
district shall reduce the effective tax rate and rollback tax rate
for the district in the manner provided by this section.
(b) Notwithstanding Chapter 26, Tax Code, in any year in
which the district receives funds under Section 772.004, the
effective tax rate and rollback tax rate for the district are
calculated according to the following formulas:
EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY
LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] -
COMMUNICATIONS DISTRICT GAIN RATE
and
ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND
OPERATIONS RATE x 1.08) + CURRENT DEBT RATE -
COMMUNICATIONS DISTRICT GAIN RATE
where "communications district gain rate" means a number expressed
in dollars per $100 of taxable value, calculated by dividing the
revenue that would have been generated by the amount received under
Section 772.004 by the current total value.
(c) Notwithstanding Chapter 26, Tax Code, in a year in which
a district that has received funds under Section 772.004 does not
receive funds under Section 772.004, the effective tax rate and
rollback tax rate for the district are calculated according to the
following formulas:
EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY
LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +
COMMUNICATIONS DISTRICT LOSS RATE
and
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
OPERATIONS EXPENSE x 1.08) / (CURRENT TOTAL VALUE - NEW
PROPERTY VALUE)] + CURRENT DEBT RATE
where "communications district loss rate" means a number expressed
in dollars per $100 of taxable value, calculated by dividing the
amount received under Section 772.004 for the previous tax year by
the current total value and "last year's maintenance and operations
expense" means the amount spent for maintenance and operations from
property tax and revenues under Section 772.004 in the preceding
year.
(d) If the district has funds remaining from the funds
transferred under Section 772.004 after reducing the effective tax
rate to zero under this section, the district shall remand the
remaining funds back to the entity that transferred the funds under
Section 772.004.
SECTION 15. (a) Sections 771.072(d), (e), and (g),
771.075, 771.077(b), 771.078(e), and 771.079, Health and Safety
Code, are repealed.
(b) Section 771.0751, Health and Safety Code, as added by
Chapter 258 (H.B. 1771), Acts of the 78th Legislature, Regular
Session, 2003, and Section 771.0751, Health and Safety Code, as
added by Chapter 1324 (H.B. 3491), Acts of the 78th Legislature,
Regular Session, 2003, are repealed.
SECTION 16. This Act takes effect September 1, 2015.