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AN ACT
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relating to requiring direct access to 9-1-1 service from certain |
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telephone systems and equivalent systems that use Internet Protocol |
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enabled services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Kari's Law. |
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SECTION 2. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 771A to read as follows: |
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CHAPTER 771A. ACCESS TO EMERGENCY COMMUNICATIONS SERVICES IN |
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GENERAL |
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Sec. 771A.001. DIRECT ACCESS TO 9-1-1 SERVICE REQUIRED. |
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(a) In this chapter: |
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(1) "9-1-1 service" means a communications service |
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that connects users to a public safety answering point through a |
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9-1-1 system. |
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(2) "Business service user" means a user of business |
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service that provides telecommunications service, including 9-1-1 |
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service, to end users through a publicly or privately owned or |
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controlled telephone switch. |
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(3) "Commission" means the Commission on State |
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Emergency Communications. |
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(4) "Emergency communication district" means: |
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(A) a public agency or group of public agencies |
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acting jointly that provided 9-1-1 service before September 1, |
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1987, or that had voted or contracted before that date to provide |
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that service; or |
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(B) a district created under Subchapter B, C, D, |
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F, or G, Chapter 772. |
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(5) "Internet Protocol enabled service" has the |
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meaning assigned by Section 51.002, Utilities Code. |
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(6) "Telephone system" includes a multiline telephone |
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system. |
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(b) This section applies to the extent the section is not |
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inconsistent with or preempted by federal law. |
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(c) Notwithstanding any other law, a business service user |
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that owns or controls a telephone system or an equivalent system |
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that uses Internet Protocol enabled service and provides outbound |
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dialing capacity or access shall configure the telephone system or |
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equivalent system to allow a person initiating a 9-1-1 call on the |
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system to directly access 9-1-1 service by dialing the digits 9-1-1 |
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without an additional code, digit, prefix, postfix, or trunk-access |
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code. |
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(d) A business service user that provides residential or |
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business facilities, owns or controls a telephone system or an |
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equivalent system that uses Internet Protocol enabled service, and |
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provides outbound dialing capacity or access shall configure the |
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telephone system or equivalent system to provide a notification to |
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a central location on the site of the residential or business |
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facility when a person within the residential or business facility |
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dials 9-1-1 if the system is able to be configured to provide the |
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notification without an improvement to the system's hardware. This |
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subsection does not require a business service user to have a person |
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available at the central location to receive a notification. |
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(e) The commission or the applicable emergency |
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communication district shall grant a one-year waiver of the |
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requirements under this section to a business service user if: |
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(1) the requirements would be unduly and unreasonably |
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cost prohibitive for a business service user to comply with; and |
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(2) the business service user provides an affidavit |
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not later than September 1 of each year stating: |
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(A) the manufacturer and model number of the |
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telephone system or equivalent system that needs to be reprogrammed |
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or replaced; |
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(B) that the business service user made a good |
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faith attempt to reprogram or replace the system; and |
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(C) if the telephone system or equivalent system |
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does not comply with Subsection (c), that the business service user |
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agrees to place an instructional sticker immediately adjacent to |
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each telephone that is accessed using the noncompliant system |
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indicating that during the waiver period the telephone is unable to |
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directly dial 9-1-1 and providing instructions for accessing 9-1-1 |
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in case of an emergency. The instructional sticker must be printed |
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in at least 16-point boldface type in a contrasting color using a |
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font that is easily readable. |
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(f) The commission may adopt rules to implement this section |
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for areas that are governed by a regional plan, and an emergency |
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communication district may adopt those rules in accordance with |
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Section 771.062. |
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(g) On the request of the business service user, the |
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commission, an emergency communication district, or a home-rule |
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municipality that independently operates a 9-1-1 system shall |
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provide assistance to a business service user that is within the |
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applicable governmental entity's jurisdiction in complying with |
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this section. |
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SECTION 3. A business service user, as defined by Section |
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771A.001(a), Health and Safety Code, as added by this Act, shall |
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comply with Section 771A.001, Health and Safety Code, as added by |
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this Act, not later than September 1, 2016. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 788 passed the Senate on |
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April 16, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 788 passed the House on |
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April 30, 2015, by the following vote: Yeas 137, Nays 2, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |