Texas 2013 - 83rd Regular

Texas House Bill HB2835 Compare Versions

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1	1	83R24797 JJT-D
2	2	By: King of Hemphill, Keffer, et al. H.B. No. 2835
3	3	Substitute the following for H.B. No. 2835:
4	4	By: Frullo C.S.H.B. No. 2835
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to monthly support received from the universal service
10	10	fund.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 56.032(b), (c), (d), (e), (f), and (h),
13	13	Utilities Code, as added by Chapter 535 (H.B. 2603), Acts of the
14	14	82nd Legislature, Regular Session, 2011, are amended to read as
15	15	follows:
16	16	(b) Except as provided by Subsections [(c),] (d) and[,] (e),
17	17	[and (f),] the commission may revise the monthly support amounts to
18	18	be made available from the Small and Rural Incumbent Local Exchange
19	19	Company Universal Service Plan by any mechanism, including support
20	20	reductions resulting from rate rebalancing approved by the
21	21	commission, [by revising the monthly per line support amounts,]
22	22	after notice and an opportunity for hearing. In determining
23	23	appropriate monthly [per line] support amounts, the commission
24	24	shall consider the adequacy of basic rates to support universal
25	25	service.
26	26	(c) A [On the written request of a small or rural incumbent
27	27	local exchange] company that receives frozen monthly [per line]
28	28	support amounts as prescribed by a final order issued by the
29	29	commission in the commission's Docket No. 39643 is entitled to
30	30	continue to receive that monthly support until the support is
31	31	revised under Subsection (b)[, the commission shall disburse funds
32	32	to the company in fixed monthly amounts based on the company's
33	33	annualized amount of recovery for the calendar year ending on
34	34	December 31, 2010. A company may submit only one request under this
35	35	subsection and must submit the request on or before December 31,
36	36	2011].
37	37	(d) For each [On the written request of a] small or rural
38	38	incumbent local exchange company that is not receiving frozen
39	39	support amounts as described by Subsection (c) and is not an
40	40	electing company under Chapter 58 or 59, the commission annually
41	41	shall set the company's monthly support amounts for the following
42	42	12 months by dividing by 12 the annualized support amount
43	43	calculated under this subsection. The commission shall calculate
44	44	the annualized amount:
45	45	(1) for the initial 12-month period for which a
46	46	company makes an election under this subsection, by[:
47	47	[(A)] determining the annualized support amount
48	48	received by the company as of January 1, 2013 [calculated for the
49	49	requestor in the final order issued by the commission in Docket No.
50	50	18516; and
51	51	[(B) adjusting the support amount determined
52	52	under Paragraph (A) at the beginning of each calendar year by a
53	53	factor equal to the most recent consumer price index published at
54	54	that time, beginning with the 1999 calendar year and ending in the
55	55	year the company makes an election under this subsection]; and
56	56	(2) for [the 12-month period following the initial
57	57	period for which a company made an election under this subsection
58	58	and for] subsequent 12-month periods, by adjusting the most recent
59	59	annualized support amount calculated by the commission by a factor
60	60	equal to the percentage change in the consumer price index for the
61	61	most recent 12-month period.
62	62	(e) The [If a company elects to receive monthly support
63	63	amounts under Subsection (d), the] commission, on its own motion or
64	64	on the written request of the company, may initiate a proceeding to
65	65	recalculate the most recent annualized support amount to be used as
66	66	the basis for adjustment for a subsequent 12-month period under
67	67	Subsection (d)(2). If, based on the recalculation, the commission
68	68	by order adjusts a company's most recent annualized support amount,
69	69	the adjusted support amount supersedes the annualized support
70	70	amount calculated in accordance with Subsection (d).
71	71	(f) [The commission shall administratively review requests
72	72	filed under Subsections (c) and (d).] Except for good cause, the
73	73	commission shall establish monthly support amounts under
74	74	Subsection (d) [approve the request] not later than the 60th day
75	75	after the date the commission determines the company is eligible
76	76	[and has met all the procedural requirements under this
77	77	subchapter].
78	78	(h) Subsections (a), (c), (d), (e), and (f) [This section]
79	79	and any monthly support amount approved under those subsections
80	80	[this section] expire [on] September 1, 2015 [2013].
81	81	SECTION 2. Section 3, Chapter 535 (H.B. 2603), Acts of the
82	82	82nd Legislature, Regular Session, 2011, which amended Section
83	83	56.031, Utilities Code, is repealed.
84	84	SECTION 3. This Act takes effect August 31, 2013.