SECTION 255.2. 9-1-1 Service Fee and Surcharge Collection and Remittance

(a) Service providers shall collect and remit the 9-1-1 service fees authorized by Health and Safety Code §§771.071, 771.0711, and 771.0712 (collectively, 9-1-1 fees) and the equalization surcharge authorized by Health and Safety Code §771.072 (the surcharge) from their customers in accordance with Health and Safety Code Chapter 771. Customers includes subscribers, end-users, and any other person or entity not expressly exempted from the 9-1-1 fees or surcharge by Health and Safety Code §771.074.

(b) A service provider shall collect the 9-1-1 fees and surcharge in the same manner it collects those charges for service, except that the service provider is not required to take legal action to enforce the collection of the fees or surcharges. Service providers have no authority to cease collecting and remitting 9-1-1 fees and surcharges for any non-exempt customer unless and until formally authorized to do so by the Commission.

(c) A service provider that fails to separately state the 9-1-1 fees or surcharge on a customer's bill or combined in an appropriately labeled single line item on the customer's bill is not exempt from the requirements of this section.

Source Note: The provisions of this §255.2 adopted to be effective November 20, 2014, 39 TexReg 8959