82R6623 RWG-F By: Deuell S.B. No. 834 A BILL TO BE ENTITLED AN ACT relating to the update of discounted telecommunication services provided to educational institutions, libraries, hospitals, and health 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) and amending Subdivision (3) to read as follows: (1-a) "Health center" means a federally qualified health center service delivery site. (3) "Private network services" means: (A) broadband digital service that is capable of providing transmission speeds of 45 megabits a second or greater for customer applications, including the latest switched services and fiber-based point-to-point solutions; and (B) other customized or packaged network services. SECTION 2. Section 58.253(a), 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 nonprofit health center. SECTION 3. Section 58.258(a), 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, 2020 [2012]. However, an electing company may increase a rate in accordance with the provisions of a customer specific contract. SECTION 4. The heading to Section 58.260, Utilities Code, is amended to read as follows: Sec. 58.260. POINT-TO-POINT [45 MEGABITS A SECOND INTRALATA] SERVICE. SECTION 5. Section 58.260(a), Utilities Code, is amended to read as follows: (a) On request of an entity described by Section 58.253(a), an electing company shall provide to the entity the latest intraLATA switched services and fiber-based point-to-point solutions the company offers at 45 megabits a second or greater [intraLATA services]. SECTION 6. Section 58.262(a), Utilities Code, is amended to read as follows: (a) On request of an entity described by Section 58.253(a), an electing company shall provide to the entity expanded interconnection (virtual colocation) and shall make available the latest multiprotocol label switching mechanism (virtual links) offered by the company. SECTION 7. 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, 2020 [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 8. The changes in law made by this Act apply only to a company that elects to provide discounted services on or after the effective date of this Act. A company that elects to provide discounted services before the effective date of this Act is subject to the law in effect immediately before that date, and that law is continued in effect for that purpose. SECTION 9. This Act takes effect September 1, 2011.