By: King of Zavala (Senate Sponsor - Hegar) H.B. No. 2680
(In the Senate - Received from the House April 26, 2011;
April 27, 2011, read first time and referred to Committee on
Business and Commerce; May 3, 2011, reported favorably by the
following vote: Yeas 8, Nays 0; May 3, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for certain small local exchange
companies to propose to offer certain services or to make a minor
change in a rate or tariff.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.301, Utilities Code, is amended to
read as follows:
Sec. 53.301. DEFINITION. (a) In this subchapter, "minor
change" means a change, including the restructuring of rates of
existing services, that:
(1) decreases the rates or revenues of an incumbent
local exchange company; or
(2) together with any other rate change [or proposed]
or approved tariff changes in the 12 months preceding the effective
date of the proposed change, increases the company's total
regulated intrastate gross annual revenues by not more than five
percent.
(b) With regard to a change to a basic local access line
rate, a "minor change" does not include a change that, together with
any other change to the basic local access line rate that took
effect during the 12 months preceding the effective date of the
proposed change, results in an increase of more than 50 [10]
percent.
SECTION 2. Section 53.304, Utilities Code, is amended to
read as follows:
Sec. 53.304. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE
MINOR CHANGES. (a) An incumbent local exchange company may offer
an extended local calling service, a packaged service, or a new or
promotional service on an optional basis or make a minor change in
its rates or tariffs if the company:
(1) is a cooperative corporation or has, together with
all affiliated incumbent local exchange companies, fewer than
31,000 access lines in service in this state;
(2) files with the commission and the office notice [a
statement of intent], as prescribed by Subsection (b), not later
than the 10th [91st] day before the effective date of the proposed
change;
(3) provides notice as prescribed by Section 53.305;
and
(4) files with the commission affidavits verifying
that notice as prescribed by Section 53.305 was provided.
(b) The notice [statement of intent] must include:
(1) a copy of a resolution adopted by the incumbent
local exchange company's board of directors approving the proposed
change;
(2) a description of the services affected by the
proposed change;
(3) a copy of the proposed tariff for the affected
service;
(4) a copy of the customer notice required by
Subsection (a)(3);
(5) the number of access lines the company and each
affiliate have in service in this state; and
(6) the amount by which the company's total regulated
intrastate gross annual revenues will increase or decrease as a
result of the proposed change.
SECTION 3. Section 53.305(b), Utilities Code, is amended to
read as follows:
(b) Notice must:
(1) be provided not later than the 10th [61st] day
before the effective date of the proposed change; and
(2) include:
(A) a description of the services affected by the
proposed change;
(B) the effective date of the proposed change;
(C) an explanation of the customer's right to
petition the commission for a review under Section 53.306,
including the number of persons required to petition before a
commission review will occur;
(D) an explanation of the customer's right to
information concerning how to obtain a copy of the proposed tariff
from the company;
(E) the amount by which the company's total
regulated intrastate gross annual revenues will increase or
decrease as a result of the proposed change; and
(F) a list of rates that are affected by the
proposed rate change.
SECTION 4. This Act applies only to a proposal to offer a
service or to change a rate or tariff notice of which is filed on or
after the effective date of this Act. A proposal to offer a service
or to change a rate or tariff for which a statement of intent is
filed before the effective date of this Act is governed by the law
in effect on the date the statement was filed, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.
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