Bill Text: TX HB3717 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a study regarding emergency service in rural areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-09 - Committee report sent to Calendars [HB3717 Detail]
Download: Texas-2011-HB3717-Introduced.html
Bill Title: Relating to a study regarding emergency service in rural areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-09 - Committee report sent to Calendars [HB3717 Detail]
Download: Texas-2011-HB3717-Introduced.html
82R1344 ALL-D | ||
By: Guillen | H.B. No. 3717 |
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relating to fees for emergency first response service provided by | ||
certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is | ||
amended by adding Chapter 783 to read as follows: | ||
CHAPTER 783. LOCAL EMERGENCY SERVICE FEES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 783.001. DEFINITION. In this chapter, "first | ||
responder" has the meaning assigned by Section 421.095, Government | ||
Code. | ||
Sec. 783.002. APPLICABILITY. This chapter applies only to | ||
a county any part of which is located within 50 miles of an | ||
international border. | ||
[Sections 783.003-783.050 reserved for expansion] | ||
SUBCHAPTER B. IMPOSITION OF LOCAL | ||
EMERGENCY SERVICE FEES | ||
Sec. 783.051. LOCAL EMERGENCY SERVICE FEES. (a) The | ||
commissioners court of a county by order may impose one or more of | ||
the following local emergency service fees: | ||
(1) a fee on each local exchange access line or | ||
equivalent local exchange access line of customers in the county; | ||
(2) a fee on each wireless telecommunications | ||
connection collected by wireless service providers from wireless | ||
service subscribers in the county; and | ||
(3) a fee on each prepaid wireless telecommunications | ||
service purchased by any method in the county. | ||
(b) The local emergency service fees are in addition to the | ||
9-1-1 emergency service fees imposed under Sections 771.071, | ||
771.0711, and 771.0712 and shall be imposed and collected in the | ||
same manner and at the same time as the corresponding 9-1-1 | ||
emergency service fees under those sections, except as otherwise | ||
provided by this chapter. For purposes of the imposition and | ||
collection of the fees, a term used in this chapter and defined by | ||
Chapter 771 has the meaning assigned by Chapter 771. | ||
Sec. 783.052. ESTABLISHMENT OF AMOUNTS OF FEES. (a) The | ||
commissioners court by order shall set the amounts of each local | ||
emergency service fee each year as part of the county's annual | ||
budget. The amounts may not exceed: | ||
(1) 50 cents per month for each local exchange access | ||
line or equivalent local exchange access line; | ||
(2) 50 cents per month for each wireless | ||
telecommunications connection; and | ||
(3) two percent of the purchase price of each prepaid | ||
wireless telecommunications service purchased. | ||
(b) The commissioners court shall notify the comptroller | ||
and each affected collector of each fee of a change in the amount of | ||
a fee not later than the 91st day before the date the change takes | ||
effect. | ||
[Sections 783.053-783.100 reserved for expansion] | ||
SUBCHAPTER C. DEPOSIT, DISTRIBUTION, AND USE OF REVENUE | ||
Sec. 783.101. TRUST ACCOUNT. The comptroller shall | ||
deposit the fees collected by the comptroller under this chapter in | ||
trust in the separate suspense account of the county from which the | ||
fees were collected. | ||
Sec. 783.102. DISTRIBUTION OF TRUST FUNDS. At least twice | ||
during each state fiscal year and at other times as often as | ||
feasible, the comptroller shall send to the county treasurer | ||
payable to the county the county's share of the fees collected by | ||
the comptroller under this chapter. | ||
Sec. 783.103. AMOUNTS RETAINED IN TRUST ACCOUNT. (a) The | ||
comptroller may retain in the suspense account of a county a portion | ||
of the county's share of the fees collected for the county under | ||
this chapter, not to exceed five percent of the amount remitted to | ||
the county. If a fee is abolished, the amount that may be retained | ||
may not exceed five percent of the final remittance to the county at | ||
the time of the termination of the collection of the fee. | ||
(b) From the amounts retained in a county's suspense | ||
account, the comptroller may make refunds for overpayments to the | ||
account and to redeem dishonored checks and drafts deposited to the | ||
credit of the account. | ||
Sec. 783.104. INTEREST ON FEE REVENUE. Interest earned on | ||
all deposits made with the comptroller under this chapter, | ||
including interest earned from the suspense accounts retained under | ||
Section 783.103, shall be sent at least twice during each state | ||
fiscal year, and at other times as often as feasible, to each county | ||
treasurer payable to the appropriate county in proportion to that | ||
county's share of the fees collected by the comptroller under this | ||
chapter. | ||
Sec. 783.105. USE OF FEE REVENUE FOR EMERGENCY FIRST | ||
RESPONSE SERVICE. (a) The money received by a county under this | ||
chapter is for the use and benefit of the county. The county may use | ||
the money only to provide for and equip first responders. | ||
(b) Money received under this chapter may be used or pledged | ||
as security for bonds or other obligations issued by a county for | ||
first responder purposes. | ||
[Sections 783.106-783.150 reserved for expansion] | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 783.151. RULES. The comptroller shall adopt any | ||
necessary rules for the administration, payment, collection, | ||
remittance, and enforcement of the fees imposed under this chapter. | ||
SECTION 2. This Act takes effect September 1, 2011. |