Texas 2011 - 82nd Regular

Texas House Bill HB2680 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: King of Zavala (Senate Sponsor - Hegar) H.B. No. 2680
2	2	(In the Senate - Received from the House April 26, 2011;
3	3	April 27, 2011, read first time and referred to Committee on
4	4	Business and Commerce; May 3, 2011, reported favorably by the
5	5	following vote: Yeas 8, Nays 0; May 3, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the procedure for certain small local exchange
11	11	companies to propose to offer certain services or to make a minor
12	12	change in a rate or tariff.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 53.301, Utilities Code, is amended to
15	15	read as follows:
16	16	Sec. 53.301. DEFINITION. (a) In this subchapter, "minor
17	17	change" means a change, including the restructuring of rates of
18	18	existing services, that:
19	19	(1) decreases the rates or revenues of an incumbent
20	20	local exchange company; or
21	21	(2) together with any other rate change [or proposed]
22	22	or approved tariff changes in the 12 months preceding the effective
23	23	date of the proposed change, increases the company's total
24	24	regulated intrastate gross annual revenues by not more than five
25	25	percent.
26	26	(b) With regard to a change to a basic local access line
27	27	rate, a "minor change" does not include a change that, together with
28	28	any other change to the basic local access line rate that took
29	29	effect during the 12 months preceding the effective date of the
30	30	proposed change, results in an increase of more than 50 [10]
31	31	percent.
32	32	SECTION 2. Section 53.304, Utilities Code, is amended to
33	33	read as follows:
34	34	Sec. 53.304. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE
35	35	MINOR CHANGES. (a) An incumbent local exchange company may offer
36	36	an extended local calling service, a packaged service, or a new or
37	37	promotional service on an optional basis or make a minor change in
38	38	its rates or tariffs if the company:
39	39	(1) is a cooperative corporation or has, together with
40	40	all affiliated incumbent local exchange companies, fewer than
41	41	31,000 access lines in service in this state;
42	42	(2) files with the commission and the office notice [a
43	43	statement of intent], as prescribed by Subsection (b), not later
44	44	than the 10th [91st] day before the effective date of the proposed
45	45	change;
46	46	(3) provides notice as prescribed by Section 53.305;
47	47	and
48	48	(4) files with the commission affidavits verifying
49	49	that notice as prescribed by Section 53.305 was provided.
50	50	(b) The notice [statement of intent] must include:
51	51	(1) a copy of a resolution adopted by the incumbent
52	52	local exchange company's board of directors approving the proposed
53	53	change;
54	54	(2) a description of the services affected by the
55	55	proposed change;
56	56	(3) a copy of the proposed tariff for the affected
57	57	service;
58	58	(4) a copy of the customer notice required by
59	59	Subsection (a)(3);
60	60	(5) the number of access lines the company and each
61	61	affiliate have in service in this state; and
62	62	(6) the amount by which the company's total regulated
63	63	intrastate gross annual revenues will increase or decrease as a
64	64	result of the proposed change.
65	65	SECTION 3. Section 53.305(b), Utilities Code, is amended to
66	66	read as follows:
67	67	(b) Notice must:
68	68	(1) be provided not later than the 10th [61st] day
69	69	before the effective date of the proposed change; and
70	70	(2) include:
71	71	(A) a description of the services affected by the
72	72	proposed change;
73	73	(B) the effective date of the proposed change;
74	74	(C) an explanation of the customer's right to
75	75	petition the commission for a review under Section 53.306,
76	76	including the number of persons required to petition before a
77	77	commission review will occur;
78	78	(D) an explanation of the customer's right to
79	79	information concerning how to obtain a copy of the proposed tariff
80	80	from the company;
81	81	(E) the amount by which the company's total
82	82	regulated intrastate gross annual revenues will increase or
83	83	decrease as a result of the proposed change; and
84	84	(F) a list of rates that are affected by the
85	85	proposed rate change.
86	86	SECTION 4. This Act applies only to a proposal to offer a
87	87	service or to change a rate or tariff notice of which is filed on or
88	88	after the effective date of this Act. A proposal to offer a service
89	89	or to change a rate or tariff for which a statement of intent is
90	90	filed before the effective date of this Act is governed by the law
91	91	in effect on the date the statement was filed, and that law is
92	92	continued in effect for that purpose.
93	93	SECTION 5. This Act takes effect September 1, 2011.
94	94	* * * * *