Texas 2013 - 83rd Regular

Texas Senate Bill SB512 Compare Versions

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1	1	By: Carona S.B. No. 512
2	2	(Frullo)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the specialized telecommunications assistance program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 56.001, Utilities Code, is amended by
10	10	amending Subdivision (1) and adding Subdivision (2-a) to read as
11	11	follows:
12	12	(1) "Department" means the [Texas] Department of
13	13	Assistive and Rehabilitative [Human] Services.
14	14	(2-a) "Executive commissioner" means the executive
15	15	commissioner of the Health and Human Services Commission.
16	16	SECTION 2. Section 56.021, Utilities Code, is amended to
17	17	read as follows:
18	18	Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
19	19	commission shall adopt and enforce rules requiring local exchange
20	20	companies to establish a universal service fund to:
21	21	(1) assist telecommunications providers in providing
22	22	basic local telecommunications service at reasonable rates in high
23	23	cost rural areas under two plans:
24	24	(A) the Texas High Cost Universal Service Plan
25	25	(16 T.A.C. Section 26.403); and
26	26	(B) the Small and Rural Incumbent Local Exchange
27	27	Company Universal Service Plan (16 T.A.C. Section 26.404);
28	28	(2) reimburse the telecommunications carrier that
29	29	provides the statewide telecommunications relay access service
30	30	under Subchapter D;
31	31	(3) finance the specialized telecommunications
32	32	assistance program established under Subchapter E;
33	33	(4) reimburse the department[, the Texas Commission
34	34	for the Deaf and Hard of Hearing,] and the commission for costs
35	35	incurred in implementing this chapter and Chapter 57;
36	36	(5) reimburse a telecommunications carrier providing
37	37	lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
38	38	amended;
39	39	(6) finance the implementation and administration of
40	40	an integrated eligibility process created under Section 17.007 for
41	41	customer service discounts relating to telecommunications
42	42	services, including outreach expenses the commission determines
43	43	are reasonable and necessary;
44	44	(7) reimburse a designated provider under Subchapter
45	45	F;
46	46	(8) reimburse a successor utility under Subchapter G;
47	47	and
48	48	(9) finance the program established under Subchapter
49	49	H.
50	50	SECTION 3. Subsection (a), Section 56.023, Utilities Code,
51	51	is amended to read as follows:
52	52	(a) The commission shall:
53	53	(1) in a manner that assures reasonable rates for
54	54	basic local telecommunications service, adopt eligibility criteria
55	55	and review procedures, including a method for administrative
56	56	review, the commission finds necessary to fund the universal
57	57	service fund and make distributions from that fund;
58	58	(2) determine which telecommunications providers meet
59	59	the eligibility criteria;
60	60	(3) determine the amount of and approve a procedure
61	61	for reimbursement to telecommunications providers of revenue lost
62	62	in providing tel-assistance service under Subchapter C;
63	63	(4) establish and collect fees from the universal
64	64	service fund necessary to recover the costs the department and the
65	65	commission incur in administering this chapter and Chapter 57;
66	66	[and]
67	67	(5) approve procedures for the collection and
68	68	disbursal of the revenue of the universal service fund; and
69	69	(6) audit voucher payments and other expenditures made
70	70	under the specialized telecommunications assistance program
71	71	established under Subchapter E.
72	72	SECTION 4. Subsection (a), Section 56.110, Utilities Code,
73	73	is amended to read as follows:
74	74	(a) An advisory committee to assist the commission in
75	75	administering this subchapter is composed of the following persons
76	76	appointed by the commission:
77	77	(1) two persons with disabilities that impair the
78	78	ability to effectively access the telephone network other than
79	79	disabilities described by Subdivisions (2)-(7);
80	80	(2) one deaf person recommended by the Texas Deaf
81	81	Caucus;
82	82	(3) one deaf person recommended by the Texas
83	83	Association of the Deaf;
84	84	(4) one person with a hearing impairment recommended
85	85	by Self-Help for the Hard of Hearing;
86	86	(5) one person with a hearing impairment recommended
87	87	by the American Association of Retired Persons;
88	88	(6) one deaf and blind person recommended by the Texas
89	89	Deaf/Blind Association;
90	90	(7) one person with a speech impairment and one person
91	91	with a speech and hearing impairment recommended by the Coalition
92	92	of Texans with Disabilities;
93	93	(8) two representatives of telecommunications
94	94	utilities, one representing a nonlocal exchange utility and one
95	95	representing a local exchange company, chosen from a list of
96	96	candidates provided by the Texas Telephone Association;
97	97	(9) two persons, at least one of whom is deaf, with
98	98	experience in providing relay services recommended by the
99	99	department [Texas Commission for the Deaf and Hard of Hearing]; and
100	100	(10) two public members recommended by organizations
101	101	representing consumers of telecommunications services.
102	102	SECTION 5. Section 56.111, Utilities Code, is amended to
103	103	read as follows:
104	104	Sec. 56.111. ADVISORY COMMITTEE DUTIES. The advisory
105	105	committee shall:
106	106	(1) monitor the establishment, administration, and
107	107	promotion of the statewide telecommunications relay access
108	108	service;
109	109	(2) advise the commission in pursuing a service that
110	110	meets the needs of persons with an impairment of hearing or speech
111	111	in communicating with other telecommunications services users; and
112	112	(3) advise the department, at that department's
113	113	request [commission and the Texas Commission for the Deaf and Hard
114	114	of Hearing, at the request of either commission], regarding any
115	115	issue related to the specialized telecommunications assistance
116	116	program established under Subchapter E, including:
117	117	(A) devices or services suitable to meet the
118	118	needs of persons with disabilities in communicating with other
119	119	users of telecommunications services; and
120	120	(B) oversight and administration of the program.
121	121	SECTION 6. Section 56.151, Utilities Code, is amended to
122	122	read as follows:
123	123	Sec. 56.151. SPECIALIZED TELECOMMUNICATIONS ASSISTANCE
124	124	PROGRAM. (a) The executive commissioner, after consulting with
125	125	the department, [commission and the Texas Commission for the Deaf
126	126	and Hard of Hearing] by rule shall establish a specialized
127	127	telecommunications assistance program to provide financial
128	128	assistance to individuals with disabilities that impair the
129	129	individuals' ability to effectively access the telephone network to
130	130	assist the individuals with the purchase of basic specialized
131	131	equipment or services to provide the individuals with telephone
132	132	network access that is functionally equivalent to that enjoyed by
133	133	individuals without disabilities. The executive commissioner
134	134	[agencies] may adopt [joint] rules that identify devices and
135	135	services eligible for vouchers under the program.
136	136	(b) The department may contract, as necessary, to implement
137	137	and administer the specialized telecommunications assistance
138	138	program.
139	139	SECTION 7. Section 56.152, Utilities Code, is amended to
140	140	read as follows:
141	141	Sec. 56.152. ELIGIBILITY. The executive commissioner,
142	142	after consulting with the department, [Texas Commission for the
143	143	Deaf and Hard of Hearing] by rule shall prescribe eligibility
144	144	standards for individuals, including deaf individuals and
145	145	individuals who have an impairment of hearing or speech, to receive
146	146	an assistance voucher under the program. To be eligible, an
147	147	individual must be a resident of this state with a disability that
148	148	impairs the individual's ability to effectively access the
149	149	telephone network.
150	150	SECTION 8. Subsections (a), (c), (e), (f), (g), and (h),
151	151	Section 56.153, Utilities Code, are amended to read as follows:
152	152	(a) The department [Texas Commission for the Deaf and Hard
153	153	of Hearing] shall determine a reasonable price for a basic
154	154	specialized telecommunications device that permits, or basic
155	155	specialized services that permit, telephone network access and
156	156	distribute to each eligible applicant a voucher that guarantees
157	157	payment of that amount to a distributor of new specialized
158	158	telecommunications devices described by Section 56.151 or to a
159	159	provider of services described by that section. The department
160	160	[Texas Commission for the Deaf and Hard of Hearing] may issue a
161	161	voucher for a service only if the service is less expensive than a
162	162	device eligible for a voucher under the program to meet the same
163	163	need.
164	164	(c) The executive commissioner, after consulting with the
165	165	department, [commission and the Texas Commission for the Deaf and
166	166	Hard of Hearing] by rule shall provide that a distributor of devices
167	167	or a provider of services will receive not more than the full price
168	168	of the device or service if the recipient of a voucher exchanges the
169	169	voucher for a device or service that the distributor or provider
170	170	sells for less than the voucher's value.
171	171	(e) Except as provided by rules adopted under this
172	172	subsection, an individual is not eligible for a voucher if the
173	173	department [Texas Commission for the Deaf and Hard of Hearing] has
174	174	issued a voucher for a device or service to another individual with
175	175	the same type of disability in the individual's household. The
176	176	executive commissioner, after consulting with the department,
177	177	[Texas Commission for the Deaf and Hard of Hearing] by rule may
178	178	provide for financially independent individuals who reside in a
179	179	congregate setting to be eligible for a voucher regardless of
180	180	whether another individual living in that setting has received a
181	181	voucher.
182	182	(f) The department [Texas Commission for the Deaf and Hard
183	183	of Hearing] shall determine eligibility of each person who files an
184	184	application for a voucher and issue each eligible applicant an
185	185	appropriate voucher.
186	186	(g) The department [Texas Commission for the Deaf and Hard
187	187	of Hearing] shall maintain a record regarding each individual who
188	188	receives a voucher under the program.
189	189	(h) The department [Texas Commission for the Deaf and Hard
190	190	of Hearing] shall deposit money collected under the program to the
191	191	credit of the universal service fund.
192	192	SECTION 9. Section 56.154, Utilities Code, is amended to
193	193	read as follows:
194	194	Sec. 56.154. DEPARTMENT [COMMISSION] DUTIES. (a) Not
195	195	later than the 45th day after the date the department [commission]
196	196	receives a voucher a telecommunications device distributor
197	197	presents for payment or a voucher a telecommunications service
198	198	provider presents for payment, the department [commission] shall
199	199	pay to the distributor or service provider the lesser of the value
200	200	of a voucher properly exchanged for a specialized
201	201	telecommunications device or service or the full price of the
202	202	device or service for which a voucher recipient exchanges the
203	203	voucher. The payments must be made from the universal service fund.
204	204	(b) The department [commission] may investigate whether the
205	205	presentation of a voucher for payment represents a valid
206	206	transaction for a telecommunications device or service under the
207	207	program. [The Texas Commission for the Deaf and Hard of Hearing
208	208	shall cooperate with and assist the commission in an investigation
209	209	under this subsection.]
210	210	(c) Notwithstanding Section 56.153(a), the department
211	211	[commission] may:
212	212	(1) delay payment of a voucher to a distributor of
213	213	devices or a service provider if there is a dispute regarding the
214	214	amount or propriety of the payment or whether the device or service
215	215	is appropriate or adequate to meet the needs of the person to whom
216	216	the department [Texas Commission for the Deaf and Hard of Hearing]
217	217	issued the voucher until the dispute is resolved;
218	218	(2) provide that payment of the voucher is conditioned
219	219	on the return of the payment if the device is returned to the
220	220	distributor or if the service is not used by the person to whom the
221	221	voucher was issued; and
222	222	(3) provide an alternative dispute resolution process
223	223	for resolving a dispute regarding a subject described by
224	224	Subdivision (1) or (2).
225	225	(d) The executive commissioner, after consulting with the
226	226	department, may adopt rules to implement this section.
227	227	SECTION 10. Section 56.156, Utilities Code, is amended to
228	228	read as follows:
229	229	Sec. 56.156. PROMOTION OF PROGRAM. The department [Texas
230	230	Commission for the Deaf and Hard of Hearing] may promote the program
231	231	established under this subchapter by means of participation in
232	232	events, advertisements, pamphlets, brochures, forms, pins, or
233	233	other promotional items or efforts that provide contact information
234	234	for persons interested in applying for a voucher under the program.
235	235	SECTION 11. (a) On the effective date of this Act, the
236	236	following are transferred from the Public Utility Commission of
237	237	Texas to the Department of Assistive and Rehabilitative Services:
238	238	(1) the powers, duties, functions, programs, and
239	239	activities of the Public Utility Commission of Texas relating to
240	240	the specialized telecommunications assistance program established
241	241	under Subchapter E, Chapter 56, Utilities Code, other than the
242	242	powers and duties of the commission specified by Section 56.155,
243	243	Utilities Code;
244	244	(2) all obligations and contracts of the Public
245	245	Utility Commission of Texas that are related to a power, duty,
246	246	function, program, or activity transferred under this subsection;
247	247	and
248	248	(3) all property and records in the custody of the
249	249	Public Utility Commission of Texas that are related to a power,
250	250	duty, function, program, or activity transferred under this
251	251	subsection and all funds appropriated by the legislature for that
252	252	power, duty, function, program, or activity.
253	253	(b) A rule or form adopted by the Public Utility Commission
254	254	of Texas that relates to a power, duty, function, program, or
255	255	activity transferred under Subsection (a) of this section is a rule
256	256	or form of the Department of Assistive and Rehabilitative Services
257	257	and remains in effect until altered by the executive commissioner
258	258	of the Health and Human Services Commission.
259	259	(c) A reference in law to the Public Utility Commission of
260	260	Texas that relates to a power, duty, function, program, or activity
261	261	transferred under Subsection (a) of this section means the
262	262	Department of Assistive and Rehabilitative Services.
263	263	SECTION 12. This Act takes effect September 1, 2013.