S.B. No. 773
AN ACT
relating to telecommunications service discounts for educational
institutions, libraries, hospitals, and telemedicine centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.252, Utilities Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Health center" means a federally qualified
health center service delivery site.
SECTION 2. Subsection (a), Section 58.253, Utilities Code,
is amended to read as follows:
(a) On customer request, an electing company shall provide
private network services to:
(1) an educational institution;
(2) a library as defined in Section 57.021;
(3) a nonprofit telemedicine center;
(4) a public or not-for-profit hospital; [or]
(5) a legally constituted consortium or group of
entities listed in this subsection; or
(6) a health center.
SECTION 3. Subsection (b), Section 58.255, Utilities Code,
is amended to read as follows:
(b) An electing company shall offer private network service
contracts under this subchapter at 110 [105] percent of the long run
incremental cost of providing the private network service,
including installation.
SECTION 4. Subsection (a), Section 58.258, Utilities Code,
is amended to read as follows:
(a) Notwithstanding the pricing flexibility authorized by
this subtitle, an electing company's rates for private network
services may not be increased before January 1, 2016 [2012].
However, an electing company may increase a rate in accordance with
the provisions of a customer specific contract.
SECTION 5. Subsection (b), Section 58.259, Utilities Code,
is amended to read as follows:
(b) The tariff rate may not be:
(1) distance sensitive; or
(2) higher than 110 [105] percent of the service's
statewide average long run incremental cost, including
installation.
SECTION 6. Subsection (c), Section 58.260, Utilities Code,
is amended to read as follows:
(c) The rate for the service may not be higher than 110 [105]
percent of the service's long run incremental cost, including
installation.
SECTION 7. Subsection (b), Section 58.261, Utilities Code,
is amended to read as follows:
(b) The rate for the service may not be higher than 110 [105]
percent of the service's long run incremental cost, including
installation.
SECTION 8. Section 58.268, Utilities Code, is amended to
read as follows:
Sec. 58.268. CONTINUATION OF OBLIGATION. Notwithstanding
any other provision of this title, an electing company shall
continue to comply with this subchapter until January 1, 2016
[2012], regardless of:
(1) the date the company elected under this chapter;
or
(2) any action taken in relation to that company under
Chapter 65.
SECTION 9. Subsection (a), Section 59.077, Utilities Code,
is amended to read as follows:
(a) Notwithstanding the pricing flexibility authorized by
this subtitle, an electing company's rates for private network
services may not be increased before January 1, 2016 [2012].
SECTION 10. Section 59.083, Utilities Code, is amended to
read as follows:
Sec. 59.083. CONTINUATION OF OBLIGATION. Notwithstanding
any other provision of this title, an electing company shall
continue to comply with this subchapter until January 1, 2016
[2012], regardless of:
(1) the date the company elected under this chapter;
or
(2) any action taken in relation to that company under
Chapter 65.
SECTION 11. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 773 passed the Senate on
April 19, 2011, by the following vote: Yeas 28, Nays 3;
May 25, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 27,
Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 773 passed the House, with
amendments, on May 24, 2011, by the following vote: Yeas 111,
Nays 28, two present not voting; May 27, 2011, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2011, House adopted Conference Committee Report by the
following vote: Yeas 109, Nays 37, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor