83R24797 JJT-D
By: King of Hemphill, Keffer, et al. H.B. No. 2835
Substitute the following for H.B. No. 2835:
By: Frullo C.S.H.B. No. 2835
A BILL TO BE ENTITLED
AN ACT
relating to monthly support received from the universal service
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 56.032(b), (c), (d), (e), (f), and (h),
Utilities Code, as added by Chapter 535 (H.B. 2603), Acts of the
82nd Legislature, Regular Session, 2011, are amended to read as
follows:
(b) Except as provided by Subsections [(c),] (d) and[,] (e),
[and (f),] the commission may revise the monthly support amounts to
be made available from the Small and Rural Incumbent Local Exchange
Company Universal Service Plan by any mechanism, including support
reductions resulting from rate rebalancing approved by the
commission, [by revising the monthly per line support amounts,]
after notice and an opportunity for hearing. In determining
appropriate monthly [per line] support amounts, the commission
shall consider the adequacy of basic rates to support universal
service.
(c) A [On the written request of a small or rural incumbent
local exchange] company that receives frozen monthly [per line]
support amounts as prescribed by a final order issued by the
commission in the commission's Docket No. 39643 is entitled to
continue to receive that monthly support until the support is
revised under Subsection (b)[, the commission shall disburse funds
to the company in fixed monthly amounts based on the company's
annualized amount of recovery for the calendar year ending on
December 31, 2010. A company may submit only one request under this
subsection and must submit the request on or before December 31,
2011].
(d) For each [On the written request of a] small or rural
incumbent local exchange company that is not receiving frozen
support amounts as described by Subsection (c) and is not an
electing company under Chapter 58 or 59, the commission annually
shall set the company's monthly support amounts for the following
12 months by dividing by 12 the annualized support amount
calculated under this subsection. The commission shall calculate
the annualized amount:
(1) for the initial 12-month period for which a
company makes an election under this subsection, by[:
[(A)] determining the annualized support amount
received by the company as of January 1, 2013 [calculated for the
requestor in the final order issued by the commission in Docket No.
18516; and
[(B) adjusting the support amount determined
under Paragraph (A) at the beginning of each calendar year by a
factor equal to the most recent consumer price index published at
that time, beginning with the 1999 calendar year and ending in the
year the company makes an election under this subsection]; and
(2) for [the 12-month period following the initial
period for which a company made an election under this subsection
and for] subsequent 12-month periods, by adjusting the most recent
annualized support amount calculated by the commission by a factor
equal to the percentage change in the consumer price index for the
most recent 12-month period.
(e) The [If a company elects to receive monthly support
amounts under Subsection (d), the] commission, on its own motion or
on the written request of the company, may initiate a proceeding to
recalculate the most recent annualized support amount to be used as
the basis for adjustment for a subsequent 12-month period under
Subsection (d)(2). If, based on the recalculation, the commission
by order adjusts a company's most recent annualized support amount,
the adjusted support amount supersedes the annualized support
amount calculated in accordance with Subsection (d).
(f) [The commission shall administratively review requests
filed under Subsections (c) and (d).] Except for good cause, the
commission shall establish monthly support amounts under
Subsection (d) [approve the request] not later than the 60th day
after the date the commission determines the company is eligible
[and has met all the procedural requirements under this
subchapter].
(h) Subsections (a), (c), (d), (e), and (f) [This section]
and any monthly support amount approved under those subsections
[this section] expire [on] September 1, 2015 [2013].
SECTION 2. Section 3, Chapter 535 (H.B. 2603), Acts of the
82nd Legislature, Regular Session, 2011, which amended Section
56.031, Utilities Code, is repealed.
SECTION 3. This Act takes effect August 31, 2013.