CHAPTER 772. LOCAL ADMINISTRATION OF EMERGENCY COMMUNICATIONS

Statutes > Texas Statutes > HEALTH AND SAFETY CODE > TITLE 9. SAFETY > CHAPTER 772. LOCAL ADMINISTRATION OF EMERGENCY COMMUNICATIONS

HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE B. EMERGENCIES

CHAPTER 772. LOCAL ADMINISTRATION OF EMERGENCY COMMUNICATIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 772.001. DEFINITIONS. In this chapter:

(1) "Automatic location identification" means a feature

corresponding to automatic number identification by which the

number provided by the automatic number identification feature is

matched with the address or location of the telephone from which

the call is made and is presented to the public safety answering

point along with the number in a computerized 9-1-1 system.

(2) "Automatic number identification" means a feature that

enables a service supplier to identify the telephone number of a

caller and that operates by forwarding the caller's telephone

number to the public safety answering point, where the data is

received by equipment that translates it into a visual display.

(3) "Base rate" means the rate or rates billed by a service

supplier, as stated in the service supplier's charges approved by

the appropriate regulatory authority, that represent the service

supplier's recurring charges for local exchange access lines or

their equivalent, exclusive of all taxes, fees, license costs, or

similar charges.

(4) "Dispatch method" means the method of responding to a

telephone request for emergency service by which a public safety

answering point decides on the proper action to be taken and

dispatches, when necessary, the appropriate emergency service

unit.

(5) "Local exchange access lines" means all types of lines or

trunks that connect a service user to the service supplier's

local telephone exchange office.

(6) "9-1-1 service" means a telecommunications service through

which the user of a public telephone system has the ability to

reach a public safety answering point by dialing the digits

9-1-1.

(7) "9-1-1 system" means a system of processing emergency 9-1-1

calls.

(8) "Participating jurisdiction" means a public agency that by

vote consents to receive 9-1-1 service from an emergency

communication district.

(9) "Principal service supplier" means the entity that provides

the most central office lines to an emergency communication

district.

(10) "Private safety entity" means a private entity that

provides emergency fire-fighting, ambulance, or medical services.

(11) "Public agency" means a municipality or county in this

state that provides or has authority to provide fire-fighting,

law enforcement, ambulance, medical, or other emergency services.

(12) "Public safety agency" means the division of a public

agency that provides fire-fighting, law enforcement, ambulance,

medical, or other emergency services.

(13) "Public safety answering point" means a communications

facility that:

(A) is operated continuously;

(B) is assigned the responsibility to receive 9-1-1 calls and,

as appropriate, to dispatch emergency response services directly

or to transfer or relay emergency 9-1-1 calls to other public

safety agencies;

a 9-1-1 call; and

(D) serves the jurisdictions in which it is located or other

participating jurisdictions.

(14) "Relay method" means the method of responding to a

telephone request for emergency service by which a public safety

answering point notes pertinent information and relays that

information to the appropriate public safety agency or other

provider of emergency services for appropriate action.

(15) "Selective routing" means the feature provided with

computerized 9-1-1 service by which 9-1-1 calls are automatically

routed to the answering point serving the place from which the

call originates.

(16) "Service supplier" means an entity providing local exchange

access lines to a service user in an emergency communication

district.

(17) "Service user" means a person that is provided local

exchange access lines, or their equivalent, in an emergency

communication district.

(18) "Transfer method" means the method of responding to a

telephone request for emergency service by which a public safety

answering point transfers the call directly to the appropriate

public safety agency or other provider of emergency services for

appropriate action.

(19) "Data base" means the information stored in a management

system that is a system of manual procedures and computer

programs used to create, store, and update the data required for

the selective routing and automatic location identification

features in the provision of computerized 9-1-1 service.

(20) "Business service user" means a user of business service

that provides telecommunications service, including 9-1-1

service, to end users through a publicly or privately owned

telephone switch.

(21) "Business service" means a telecommunications service

classified as a business service under rules adopted by the

Public Utility Commission of Texas or under the applicable

tariffs of the principal service supplier.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 7, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 638, Sec. 8, eff. Sept. 1, 1995.

Sec. 772.002. INFORMATION RELATING TO COLLECTION AND REMITTANCE

OF 9-1-1 EMERGENCY SERVICE FEE. (a) This section applies only

to a district created under this chapter that collects a 9-1-1

emergency service fee from a service supplier or business service

user. This section does not apply to an incumbent local exchange

company as defined in Section 51.002, Utilities Code.

(b) The board of managers of a district by order may require a

service supplier or business service user to provide to the

district any information the board requires so long as that

information and the format requested are readily available for

the service provider's records to determine whether the service

provider or business service user is correctly billing and

collecting the 9-1-1 emergency service fee and remitting the fee

to the district. The information required from a service

provider under this subsection may include:

(1) the number of local exchange access lines that the service

provider has in the district; and

(2) the number of those local exchange access lines that the

Commission on State Emergency Communications excluded from the

definition of a local exchange access line or an equivalent local

exchange access line under Section 771.063.

information provided under this section that a service provider

or business service user claims is confidential for competitive

purposes. The confidential information is exempt from disclosure

under Chapter 552, Government Code.

(d) The district may bring suit to enforce this section or to

collect fees billed and collected by a service provider or

business service user but not remitted to the district. In a

proceeding to collect unremitted fees, a sworn affidavit of the

district specifying the amount of unremitted fees is prima facie

evidence that the fees were not remitted and of the amount of the

unremitted fees.

(e) The Public Utility Commission of Texas may impose an

administrative penalty under Subchapter B, Chapter 15, Utilities

Code, against a service provider who is a person regulated under

the Utilities Code if the person:

(1) does not provide information required by a district under

this section; or

(2) bills and collects a 9-1-1 emergency service fee as required

by this chapter but does not remit the fee to the appropriate

district.

Added by Acts 2005, 79th Leg., Ch.

952, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH

POPULATION OVER TWO MILLION

Sec. 772.101. SHORT TITLE. This subchapter may be cited as the

9-1-1 Emergency Number Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.102. PURPOSE. It is the purpose of this subchapter to

establish the number 9-1-1 as the primary emergency telephone

number for use by certain local governments in this state and to

encourage units of local government and combinations of the units

to develop and improve emergency communication procedures and

facilities in a manner that makes possible the quick response to

any person calling the telephone number 9-1-1 seeking police,

fire, medical, rescue, and other emergency services. To this

purpose the legislature finds that:

(1) it is in the public interest to shorten the time required

for a citizen to request and receive emergency aid;

(2) there exist thousands of different emergency telephone

numbers throughout the state, and telephone exchange boundaries

and central office service areas do not necessarily correspond to

public safety and political boundaries;

(3) a dominant part of the state's population is located in

rapidly expanding metropolitan areas that generally cross the

boundary lines of local jurisdictions and often extend into two

or more counties; and

(4) provision of a single, primary three-digit emergency number

through which emergency services can be quickly and efficiently

obtained would provide a significant contribution to law

enforcement and other public safety efforts by making it less

difficult to notify public safety personnel quickly.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.103. DEFINITIONS. In this subchapter:

(1) "Board" means the board of managers of a district.

(2) "District" means a communication district created under this

subchapter.

(3) "Principal municipality" means the municipality with the

largest population in a county.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.104. APPLICATION OF SUBCHAPTER. This subchapter

applies to a county with a population of more than 3.3 million

and the adjacent territory described by Section 772.105 in which

a district was created under Chapter 97, Acts of the 68th

Legislature, Regular Session, 1983, before January 1, 1988.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 669, Sec. 41, eff. Sept. 1,

2001.

Sec. 772.105. TERRITORY OF DISTRICT. (a) The territory of a

district consists of:

(1) the territory of the county for which the district is

established; and

(2) for each municipality partially located in the county for

which the district is established, the territory of that

municipality located in another county.

(b) If a municipality that is part of a district annexes

territory that is not part of the district, the annexed territory

becomes part of the district.

adjoining the county for which the district is created and that

has received 9-1-1 service through a regional planning commission

interlocal agreement with the district for at least 10 years may

become part of the district by resolution of the agency's

governing body and approval by the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

314, Sec. 1, eff. September 1, 2005.

Sec. 772.106. BOARD OF MANAGERS. (a) The district is governed

by a board of managers consisting of:

(1) one member appointed by the commissioners court of the

county;

(2) two members appointed by the mayor of the principal

municipality, with approval of the city council;

(3) one member appointed jointly by the volunteer fire

departments operating in whole or part in the district, with the

selection process coordinated by the county fire marshal;

(4) one member appointed jointly by the municipalities other

than the principal municipality that are participating

jurisdictions; and

(5) one member appointed by the principal service supplier.

(b) The board member appointed by the principal service supplier

is a nonvoting member.

years, with three members' terms expiring each year.

(d) A board member may be removed from office at will by the

entity that appointed the member.

(e) A vacancy on the board shall be filled for the remainder of

the term in the manner provided for the original appointment to

that position.

(f) Board members serve without compensation. The district shall

pay all expenses necessarily incurred by the board in performing

its functions under this subchapter.

(g) The board may appoint from among its membership a presiding

officer and any other officers it considers necessary.

(h) The director of the district or a board member may be

appointed as secretary of the board. The board shall require the

secretary to keep suitable records of all proceedings of each

board meeting. After each meeting the presiding officer or other

member presiding at the meeting shall read and sign the record

and the secretary shall attest the record.

(i) A majority of the voting members of the board constitutes a

quorum.

(j) Voting members of the board may meet in executive session in

accordance with Chapter 551, Government Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff.

Sept. 1, 1995.

Sec. 772.107. POWERS AND DUTIES OF BOARD. (a) The board shall

name, control, and manage the district.

(b) The board may adopt rules for the operation of the district.

carry out the purposes of this subchapter, including the

operation of a 9-1-1 system.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.108. DIRECTOR OF DISTRICT. (a) The board shall

appoint a director of the district and shall establish the

director's compensation. The director must be qualified by

training and experience for the position.

(b) The board may remove the director at any time.

experts, employees, or consultants that the board considers

necessary to carry out the purposes of this subchapter.

(d) The director shall perform all duties that the board

requires and shall supervise as general manager the operations of

the district subject to any limitations prescribed by the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.109. BUDGET; ANNUAL REPORT; AUDIT. (a) The director

shall prepare under the direction of the board an annual budget

for the district. To be effective, the budget must be approved by

the board and then presented to and approved by the commissioners

court of the county for which the district is established and the

governing body of the principal municipality. A revision of the

budget must be approved by the same entities in the same manner

as the budget.

(b) As soon as practicable after the end of each district fiscal

year, the director shall prepare and present to the board and to

all participating public agencies in writing a sworn statement of

all money received by the district and how the money was

disbursed or otherwise disposed of during the preceding fiscal

year. The report must show in detail the operations of the

district for the period covered by the report.

the district annually.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.110. ESTABLISHMENT OF 9-1-1 SERVICE. (a) A district

shall provide 9-1-1 service to each participating jurisdiction

through one or a combination of the following methods and

features or equivalent state-of-the-art technology:

(1) the transfer method;

(2) the relay method;

(3) the dispatch method;

(4) automatic number identification;

(5) automatic location identification; or

(6) selective routing.

(b) A district shall provide 9-1-1 service using one or both of

the following plans:

(1) the district may design, implement, and operate a 9-1-1

system for each participating jurisdiction with the consent of

the jurisdiction; or

(2) the district may design, implement, and operate a 9-1-1

system for two or more participating jurisdictions with the

consent of each of those jurisdictions if a joint operation would

be more economically feasible than separate systems for each

jurisdiction.

plans for the particular system must have the approval of each

participating jurisdiction covered by the system.

(d) The district shall recommend minimum standards for a 9-1-1

system. A 9-1-1 system in a district under this subchapter must

be computerized.

(e) 9-1-1 service is mandatory for each individual telephone

subscriber in the district and is not an optional service under

any definitions of terms relating to telephone service.

(f) A service supplier involved in providing 9-1-1 service, a

manufacturer of equipment used in providing 9-1-1 service, or an

officer or employee of a service supplier 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.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 638, Sec. 9, eff. Sept. 1,

1995.

Sec. 772.111. PRIMARY EMERGENCY TELEPHONE NUMBER. The digits

9-1-1 are the primary emergency telephone number in a district. A

public safety agency whose services are available through a 9-1-1

system may maintain a separate number or numbers for emergencies

and shall maintain a separate number or numbers for nonemergency

telephone calls.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.112. TRANSMITTING REQUESTS FOR EMERGENCY AID. (a) A

9-1-1 system established under this subchapter must be capable of

transmitting requests for fire-fighting, law enforcement,

ambulance, and medical services to a public safety agency or

agencies that provide the requested service at the place from

which the call originates. A 9-1-1 system may also provide for

transmitting requests for other emergency services such as poison

control, suicide prevention, and civil defense.

(b) A public safety answering point may transmit emergency

response requests to private safety entities.

privately owned automatic intrusion alarm or other privately

owned automatic alerting device may be installed to cause the

number 9-1-1 to be dialed in order to gain access to emergency

services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.113. POWERS OF DISTRICT. (a) The district is a public

body corporate and politic, exercising public and essential

governmental functions and having all the powers necessary or

convenient to carry out the purposes and provisions of this

subchapter, including the capacity to sue or be sued.

(b) To fund the district, the district may receive federal,

state, county, or municipal funds and private funds and may spend

those funds for the purpose of this subchapter. The board shall

determine the method and sources of funding for the district.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.114. 9-1-1 EMERGENCY SERVICE FEE. (a) The board may

impose a 9-1-1 emergency service fee on service users in the

district if authorized to do so by a majority of the votes cast

in the election to confirm the creation of the district and by a

majority vote of the governing body of each participating

jurisdiction. For purposes of this subsection, the jurisdiction

of the county is the unincorporated area of the county.

(b) The fee may be imposed only on the base rate charge or its

equivalent, excluding charges for coin-operated telephone

equipment. The fee may not be imposed on more than 100 local

exchange access lines or their equivalent for a single business

entity at a single location, unless the lines are used by

residents of the location. The fee may also not be imposed on any

line that the Advisory Commission on State Emergency

Communications excluded from the definition of a local exchange

access line or an equivalent local exchange access line pursuant

to Section 771.063. If a business service user provides

residential facilities, each line that terminates at a

residential unit and that is a communication link equivalent to a

residential local exchange access line, shall be charged the

9-1-1 emergency service fee. The fee must have uniform

application and must be imposed in each participating

jurisdiction.

monthly base rate charged a service user by the principal service

supplier in the participating jurisdiction.

(d) The board shall set the amount of the fee each year as part

of the annual budget. The board shall notify each service

supplier of a change in the amount of the fee not later than the

91st day before the date the change takes effect.

(e) In imposing the fee, the board shall attempt to match the

district's revenues to its operating expenditures and to provide

reasonable reserves for contingencies and for the purchase and

installation of 9-1-1 emergency service equipment. If the revenue

received from the fee exceeds the amount of money needed to fund

the district, the board by resolution shall reduce the rate of

the fee to an amount adequate to fund the district as required by

this subsection or suspend the imposition of the fee. If the

board suspends the imposition of the fee, the board by resolution

may reinstitute the fee if money received by the district is not

adequate to fund the district.

(f) In a public agency whose governing body at a later date

votes to receive 9-1-1 service from the district, at a later

date, the fee is imposed beginning on the date specified by the

board. The board may charge the incoming agency an additional

amount of money to cover the initial cost of providing 9-1-1

service to that agency. The fee authorized to be charged in a

district applies to new territory added to the district under

Section 772.105(b) when the territory becomes part of the

district.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 8, eff. Aug. 30,

1993; Acts 1999, 76th Leg., ch. 1203, Sec. 3, eff. June 18, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1342, Sec. 1, eff. September 1, 2005.

Sec. 772.115. COLLECTION OF FEE. (a) Each billed service user

is liable for the fee imposed under Section 772.114 until the fee

is paid to the service supplier. The fee must be added to and

stated separately in the service user's bill from the service

supplier. The service supplier shall collect the fee at the same

time as the service charge to the service user in accordance with

the regular billing practice of the service supplier. A business

service user that provides residential facilities and owns or

leases a publicly or privately owned telephone switch used to

provide telephone service to facility residents shall collect the

9-1-1 emergency service fee and transmit the fees monthly to the

district.

(b) The amount collected by a service supplier from the fee is

due quarterly. The service supplier shall remit the amount

collected in a calendar quarter to the district not later than

the 60th day after the last day of the calendar quarter. With

each payment the service supplier shall file a return in a form

prescribed by the board.

Subsection (a) shall maintain records of the amount of fees it

collects for at least two years after the date of collection. The

board may require at the board's expense an annual audit of a

service supplier's books and records or the books and records of

a business service user described by Subsection (a) with respect

to the collection and remittance of the fees.

(d) A business service user that does not collect and remit the

9-1-1 emergency service fee as required is subject to a civil

cause of action under Subsection (g). A sworn affidavit by the

district specifying the unremitted fees is prima facie evidence

that the fees were not remitted and of the amount of the

unremitted fees.

(e) A service supplier is entitled to retain an administrative

fee from the amount of fees it collects. The amount of the

administrative fee is two percent of the amount of fees it

collects under this section.

(f) A service supplier is not required to take any legal action

to enforce the collection of the 9-1-1 emergency service fee.

However, the service supplier shall provide the district with an

annual certificate of delinquency that includes the amount of all

delinquent fees and the name and address of each nonpaying

service user. The certificate of delinquency is prima facie

evidence that a fee included in the certificate is delinquent. A

service user account is considered delinquent if the fee is not

paid to the service supplier before the 31st day after the

payment due date stated on the user's bill from the service

supplier.

(g) The district may institute legal proceedings to collect fees

not paid and may establish internal collection procedures and

recover the cost of collection from the nonpaying service user.

If legal proceedings are established, the court may award the

district court costs, attorney's fees, and interest to be paid by

the nonpaying service user. A delinquent fee accrues interest at

an annual rate of 12 percent beginning on the date the payment

becomes due.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 9, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 638, Sec. 10, eff. Sept. 1, 1995.

Sec. 772.116. DISTRICT DEPOSITORY. (a) The board shall select

a depository for the district in the manner provided by law for

the selection of a county depository.

(b) A depository selected by the board is the district's

depository for two years after the date of its selection and

until a successor depository is selected and qualified.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.117. ALLOWABLE EXPENSES. Allowable operating expenses

of a district include all costs attributable to designing a 9-1-1

system and to all equipment and personnel necessary to establish

and operate a public safety answering point and other related

answering points that the board considers necessary.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.118. NUMBER AND LOCATION IDENTIFICATION. (a) As part

of computerized 9-1-1 service, a service supplier shall furnish

for each call the telephone number of the subscribers and the

address associated with the number.

(b) A business service user that provides residential facilities

and owns or leases a publicly or privately owned 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 required to provide under

Subsection (a) to other residential end users in the district.

is not available for public inspection.

(d) A service supplier or a business service user under

Subsection (b) is not liable to a person who uses a 9-1-1 system

created under this subchapter for the release to the district of

the information specified in Subsections (a) and (b).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 10, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 638, Sec. 11, eff. Sept. 1, 1995.

Sec. 772.119. PUBLIC REVIEW. (a) Periodically, the board shall

solicit public comments and hold a public review hearing on the

continuation of the district and the 9-1-1 emergency service fee.

The first hearing shall be held three years after the date the

order certifying the creation of the district is filed with the

county clerk. Subsequent hearings shall be held three years after

the date each order required by Subsection (d) is adopted.

(b) The board shall publish notice of the time and place of the

hearing once a week for two consecutive weeks in a daily

newspaper of general circulation published in the district. The

first notice must be published not later than the 16th day before

the date set for the hearing.

participation of the district in the applicable regional plan for

9-1-1 service under Chapter 771. After the hearing, the board may

choose to participate in the regional plan as provided by that

chapter.

(d) After the hearing, the board shall adopt an order on the

continuation or dissolution of the district and the 9-1-1

emergency service fee.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.120. DISSOLUTION PROCEDURES. (a) If a district is

dissolved, 9-1-1 service must be discontinued on the date of the

dissolution. The commissioners court of the county in which the

principal part of the district was located shall assume the

assets of the district and pay the district's debts. If the

district's assets are insufficient to retire all existing debts

of the district on the date of dissolution, the commissioners

court shall continue to impose the 9-1-1 service fee, and each

service supplier shall continue to collect the fee for the

commissioners court. Proceeds from the imposition of the fee by

the county after dissolution of the district may be used only to

retire the outstanding debts of the district.

(b) The commissioners court shall retire the district's debts to

the extent practicable according to the terms of the instruments

creating the debts and the terms of the orders and resolutions

authorizing creation of the debts.

necessary to administer this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.121. ISSUANCE OF BONDS. The board may issue and sell

bonds in the name of the district to finance:

(1) the acquisition by any method of facilities, equipment, or

supplies necessary for the district to begin providing 9-1-1

service to all participating jurisdictions; or

(2) the installation of equipment necessary for the district to

begin providing 9-1-1 service to all participating jurisdictions.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.122. REPAYMENT OF BONDS. The board may provide for the

payment of principal of and interest on the bonds by pledging all

or any part of the district's revenues from the 9-1-1 emergency

service fee or from other sources.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.123. ADDITIONAL SECURITY FOR BONDS. (a) The bonds may

be additionally secured by a deed of trust or mortgage lien on

part or all of the physical properties of the district and rights

appurtenant to those properties, vesting in the trustee power to

sell the properties for payment of the indebtedness, power to

operate the properties, and all other powers necessary for the

further security of the bonds.

(b) The trust indenture, regardless of the existence of the deed

of trust or mortgage lien on the properties, may contain

provisions prescribed by the board for the security of the bonds

and the preservation of the trust estate, may make provisions for

amendment or modification, and may make provisions for investment

of funds of the district.

lien is the absolute owner of the properties and rights purchased

and may maintain and operate them.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.124. FORM OF BONDS. (a) A district may issue its

bonds in various series or issues.

(b) Bonds may mature serially or otherwise not more than 25

years after their date of issue and shall bear interest at any

rate permitted by state law.

investment securities under the terms of Chapter 8, Business

& Commerce Code, may be issued registrable as to principal or

as to both principal and interest, and may be made redeemable

before maturity, at the option of the district, or contain a

mandatory redemption provision.

(d) A district may issue its bonds in the form, denominations,

and manner and under the terms, and the bonds shall be signed and

executed, as provided by the board in the resolution or order

authorizing their issuance.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.125. PROVISIONS OF BONDS. (a) In the orders or

resolutions authorizing the issuance of bonds, including

refunding bonds, the board may provide for the flow of funds and

the establishment and maintenance of the interest and sinking

fund, the reserve fund, and other funds, and may make additional

covenants with respect to the bonds, the pledged revenues, and

the operation and maintenance of any facilities the revenue of

which is pledged.

(b) The orders or resolutions of the board authorizing the

issuance of bonds may also prohibit the further issuance of bonds

or other obligations payable from the pledged revenue or may

reserve the right to issue additional bonds to be secured by a

pledge of and payable from the revenue on a parity with or

subordinate to the lien and pledge in support of the bonds being

issued.

contain other provisions and covenants as the board may

determine.

(d) The board may adopt and have executed any other proceedings

or instruments necessary and convenient in the issuance of bonds.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.126. APPROVAL AND REGISTRATION OF BONDS. (a) Bonds

issued by a district must be submitted to the attorney general

for examination.

(b) If the attorney general finds that the bonds have been

authorized in accordance with law, the attorney general shall

approve them. On approval by the attorney general, the

comptroller shall register the bonds.

incontestable in any court or other forum for any reason and are

valid and binding obligations in accordance with their terms for

all purposes.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.127. REFUNDING BONDS. (a) A district may issue bonds

to refund all or any part of its outstanding bonds, including

matured but unpaid interest coupons.

(b) Refunding bonds shall mature serially or otherwise not more

than 25 years after their date of issue and shall bear interest

at any rate or rates permitted by state law.

bonds being refunded or from other sources.

(d) The refunding bonds must be approved by the attorney general

in the same manner as the district's other bonds and shall be

registered by the comptroller on the surrender and cancellation

of the bonds being refunded.

(e) The orders or resolutions authorizing the issuance of the

refunding bonds may provide that they be sold and the proceeds

deposited in the place or places at which the bonds being

refunded are payable, in which case the refunding bonds may be

issued before the cancellation of the bonds being refunded. If

refunding bonds are issued before cancellation of the other

bonds, an amount sufficient to pay the principal of the bonds

being refunded and interest on those bonds accruing to their

maturity dates or to their option dates if the bonds have been

duly called for payment before maturity according to their terms

shall be deposited in the place or places at which the bonds

being refunded are payable. The comptroller shall register the

refunding bonds without the surrender and cancellation of bonds

being refunded.

(f) A refunding may be accomplished in one or in several

installment deliveries. Refunding bonds and their interest

coupons are investment securities under Chapter 8, Business &

Commerce Code.

(g) In lieu of the method set forth in Subsections (a)-(f), a

district may refund bonds, notes, or other obligations as

provided by the general laws of the state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.128. BONDS AS INVESTMENTS AND SECURITY FOR DEPOSITS.

(a) District bonds are legal and authorized investments for:

(1) a bank;

(2) a savings bank;

(3) a trust company;

(4) a savings and loan association;

(5) an insurance company;

(6) a fiduciary;

(7) a trustee;

(8) a guardian; and

(9) a sinking fund of a municipality, county, school district,

and other political subdivision of the state and other public

funds of the state and its agencies, including the permanent

school fund.

(b) District bonds are eligible to secure deposits of public

funds of the state and municipalities, counties, school

districts, and other political subdivisions of the state. The

bonds are lawful and sufficient security for deposits to the

extent of their value when accompanied by all unmatured coupons.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.129. TAX STATUS OF BONDS. Because a district created

under this subchapter is a public entity performing an essential

public function, bonds issued by the district, any transaction

relating to the bonds, and profits made in the sale of the bonds

are exempt from taxation by the state or by any municipality,

county, special district, or other political subdivision of the

state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH

POPULATION OVER 860,000

Sec. 772.201. SHORT TITLE. This subchapter may be cited as the

Emergency Communication District Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.202. PURPOSE. It is the purpose of this subchapter to

establish the number 9-1-1 as the primary emergency telephone

number for use by certain local governments in this state and to

encourage units of local government and combinations of those

units to develop and improve emergency communication procedures

and facilities in a manner that will make possible the quick

response to any person calling the telephone number 9-1-1 seeking

police, fire, medical, rescue, and other emergency services. To

this purpose the legislature finds that:

(1) it is in the public interest to shorten the time required

for a citizen to request and receive emergency aid;

(2) there exist thousands of different emergency telephone

numbers throughout the state, and telephone exchange boundaries

and central office service areas do not necessarily correspond to

public safety and political boundaries;

(3) a dominant part of the state's population is located in

rapidly expanding metropolitan areas that generally cross the

boundary lines of local jurisdictions and often extend into two

or more counties; and

(4) provision of a single, primary three-digit emergency number

through which emergency services can be quickly and efficiently

obtained would provide a significant contribution to law

enforcement and other public safety efforts by making it less

difficult to notify public safety personnel quickly.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.203. DEFINITIONS. In this subchapter:

(1) "Board" means the board of managers of a district.

(2) "Director" means the director of communication for a

district.

(3) "District" means an emergency communication district created

under this subchapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.204. APPLICATION OF SUBCHAPTER. This subchapter

applies to a county with a population of more than 860,000 in

which an emergency communication district was created under

Chapter 7, Acts of the 68th Legislature, 2nd Called Session,

1984, before January 1, 1988.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.205. ADDITIONAL TERRITORY. (a) If a municipality that

is part of a district annexes territory that is not part of the

district, the annexed territory becomes part of the district.

(b) A public agency located in the county for which the district

is created or a public agency located in whole or part in a

county adjoining the county for which the district is created, by

resolution adopted by its governing body and approved by the

board of the district, may become part of the district and

subject to its benefits and requirements.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.206. BOARD OF MANAGERS. (a) A district is governed by

a board of managers consisting of:

(1) one member appointed by the commissioners court of the

county for which the district is established;

(2) two members appointed by the governing body of the most

populous municipality located wholly or partly in the county for

which the district is established, if that municipality has a

population of more than 150,000, or, if that municipality has a

population of 150,000 or less, one member appointed by the

governing body;

(3) one member appointed by the governing body of the second

most populous municipality located wholly or partly in the county

for which the district is established;

(4) one member appointed by the governing body of the third most

populous municipality located wholly or partly in the county for

which the district is established;

(5) one member appointed by the principal service supplier;

(6) one member appointed by the governing body of the most

populous municipality that is a member of the district and is

located wholly outside the county for which the district is

established; and

(7) one member appointed as provided by this section to

represent the other municipalities located wholly or partly in

the district.

(b) The board member appointed by the principal service supplier

is a nonvoting member.

appointed by the mayor's council established to administer urban

development block grant funds, if one exists in the district.

Otherwise, the member is appointed by the other members of the

board on the advice and recommendation of the governing bodies of

all the municipalities represented by the member. The governing

bodies of those municipalities, by agreement of their presiding

officers, shall set the time and place to meet and the procedures

for selecting the board member.

(d) Board members are appointed for staggered terms of two

years, with as near as possible to one-half of the members' terms

expiring each year.

(e) A board member may be removed from office at will by the

entity that appointed the member.

(f) A vacancy on the board shall be filled for the remainder of

the term in the manner provided for the original appointment to

that position.

(g) Board members serve without compensation. The district shall

pay all expenses necessarily incurred by the board in performing

its functions under this subchapter.

(h) The board may appoint from among its membership a presiding

officer and any other officers it considers necessary.

(i) The director or a board member may be appointed as secretary

of the board. The board shall require the secretary to keep

suitable records of all proceedings of each board meeting. After

each meeting the presiding officer at the meeting shall read and

sign the record and the secretary shall attest the record.

(j) Voting members of the board may meet in executive session in

accordance with Chapter 551, Government Code.

(k) A majority of the voting members of the board constitutes a

quorum.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 238, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 1288, Sec. 1, eff. Sept. 1, 2001.

Sec. 772.207. POWERS AND DUTIES OF BOARD. (a) The board shall

control and manage the district.

(b) The board may adopt rules for the operation of the district.

carry out the purposes of this subchapter, including the

operation of a 9-1-1 system.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.208. DIRECTOR OF DISTRICT. (a) The board shall

appoint a director of communication for the district and shall

establish the director's compensation. The director must be

qualified by training and experience for the position.

(b) The board may remove the director at any time.

experts, employees, or consultants that the director considers

necessary to carry out the purposes of this subchapter.

(d) The director shall perform all duties that the board

requires and shall supervise as general manager the operations of

the district subject to any limitations prescribed by the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.209. BUDGET; ANNUAL REPORT; AUDIT. (a) The director

shall prepare under the direction of the board an annual budget

for the district. To be effective, the budget must:

(1) be approved by the board;

(2) be presented to the commissioners court of the county in

which the majority of the district is located;

(3) be presented to the governing body of each municipality

eligible to appoint a member of the board of managers under

Sections 772.206(a)(2)-(4) and (6);

(4) be presented to the governing body of each other

participating jurisdiction as provided by Subsection (b); and

(5) subject to Subsection (c), be approved by a majority of the

entities to which the budget must be presented under Subdivisions

(2) through (4).

(b) For purposes of Subsection (a)(4), the proposed budget must

be presented to:

(1) the mayor's council established to administer urban

development block grant funds, if one exists in the district; or

(2) if a mayor's council does not exist in the district, the

governing bodies of the other participating jurisdictions.

Subsection (a)(5) if the budget is required to be presented under

Subsection (b)(2), the other participating jurisdictions are

considered to be acting jointly as one entity.

(d) A revision of the budget must be approved in the same manner

as the budget.

(e) As soon as practicable after the end of each district fiscal

year, the director shall prepare and present to the board and to

each participating jurisdiction in writing a sworn statement of

all money received by the district and how the money was used

during the preceding fiscal year. The report must state in detail

the operations of the district for the fiscal year covered by the

report.

(f) The board shall have an independent financial audit of the

district performed annually.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 1288, Sec. 2, eff. Sept. 1,

2001.

Sec. 772.210. ESTABLISHMENT OF 9-1-1 SERVICE. (a) A district

shall provide 9-1-1 service to each participating jurisdiction

through one or a combination of the following methods and

features:

(1) the transfer method;

(2) the relay method;

(3) the dispatch method;

(4) automatic number identification;

(5) automatic location identification;

(6) selective routing; or

(7) any equivalent method.

(b) A district shall provide 9-1-1 service using one or both of

the following plans:

(1) the district may design, implement, and operate a 9-1-1

system for each participating jurisdiction with the consent of

the jurisdiction; or

(2) the district may design, implement, and operate a 9-1-1

system for two or more participating jurisdictions with the

consent of each of those jurisdictions if a joint operation would

be more economically feasible than separate systems for each

jurisdiction.

plans for the particular system must have the approval of each

participating jurisdiction covered by the system.

(d) The district shall recommend minimum standards for a 9-1-1

system. A 9-1-1 system in a district created under this

subchapter must be computerized.

(e) A service supplier involved in providing 9-1-1 service, a

manufacturer of equipment used in providing 9-1-1 service, or an

officer or employee of a service supplier 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.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 638, Sec. 12, eff. Sept. 1,

1995.

Sec. 772.211. PRIMARY EMERGENCY TELEPHONE NUMBER. The digits

9-1-1 are the primary emergency telephone number in a district. A

public safety agency whose services are available through a 9-1-1

system may maintain a separate number or numbers for emergencies

and shall maintain a separate number or numbers for nonemergency

telephone calls.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.212. TRANSMITTING REQUESTS FOR EMERGENCY AID. (a) A

9-1-1 system established under this subchapter must be capable of

transmitting requests for fire-fighting, law enforcement,

ambulance, and medical services to a public safety agency or

agencies that provide the requested service at the place from

which the call originates. A 9-1-1 system may also provide for

transmitting requests for other emergency services, such as

poison control, suicide prevention, and civil defense, with the

approval of the board and the consent of the participating

jurisdiction.

(b) A public safety answering point may transmit emergency

response requests to private safety entities, with the approval

of the board and the consent of the participating jurisdiction.

privately owned automatic intrusion alarm or other privately

owned automatic alerting device may be installed to cause the

number 9-1-1 to be dialed in order to gain access to emergency

services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.213. POWERS OF DISTRICT. (a) The district is a body

corporate and politic, exercising public and essential

governmental functions and having all the powers necessary or

convenient to carry out the purposes and provisions of this

subchapter, including the capacity to sue or be sued.

(b) To fund the district, the district may apply for, accept,

and receive federal, state, county, or municipal funds and

private funds and may spend those funds for the purposes of this

subchapter. The board shall determine the method and sources of

funding for the district.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 772.214. 9-1-1 EMERGENCY SERVICE FEE. (a) The board may

impose a 9-1-1 emergency service fee on service users in the

district.

(b) The fee may be imposed only on the base rate charge or its

equivalent, excluding charges for coin-operated telephone

equipment. The fee may not be imposed on more than 100 local

exchange access lines or their equivalent for a single business

entity at a single location, unless the lines are used by

residents of the location. The fee may also not be imposed on any

line that the Advisory Commission on State Emergency

Communications excluded from the definition of a local exchange

access line or an equivalent local exchange access line pursuant

to Section 771.063. If a business service user provides

residential facilities, each line that terminates at a

residential unit and that is a communication link equivalent to a

residential local exchange access line shall be charged the 9-1-1

emergency service fee. The fee must have uniform application and

must be imposed in each participating jurisdiction.

monthly base rate charged a service user by the principal service

supplier in the participating jurisdiction.

(d) The board shall set the amount of the fee each year as part

of the annual budget. The board shall notify each service

supplier of a change in the amount of the fee not later than the

91st day before the date the change takes effect.

(e) In imposing the fee, the board shall attempt to match the

district's revenues to its operating expenditures and to provide

reasonable reserves for contingencies and for the purchase and

installation of 9-1-1 emergency service equipment. If the revenue

received from the fee exceeds the amount of money needed to fund

the district, the board by resolution shall reduce the rate of

the fee to an amount adequate to fund the district or suspend the

imposition of the fee. If the board suspends the imposition of

the fee, the board by resolution may reinstitute the fee if money

received by the district is not adequate to fund the district.

(f) In a public agency whose governing body at a later date

votes to receive 9-1-1 service from the district, the fee is

imposed beginning on the date the board approves making the

public agency a participating jurisdiction. The fee authorized to

be charged in a district applies to new territory added to the

district when the territory becomes part of the district.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 11, eff. Aug. 30,

1993; Acts 1999, 76th Leg., ch. 1203, Sec. 4, eff. June 18, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1340, Sec. 1, eff. September 1, 2005.

Sec. 772.215. COLLECTION OF FEE. (a) Each billed service user

is liable for the fee imposed under Section 772.214 until the fee