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.