84R6981 DDT-F
By: Miller of Comal H.B. No. 2689
A BILL TO BE ENTITLED
AN ACT
relating to requirements for a partially deregulated
telecommunications cooperative to offer certain services or make
changes in its rates or tariffs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.354, Utilities Code, is amended to
read as follows:
Sec. 53.354. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE
CERTAIN CHANGES. After the initial balloting, a cooperative may
offer extended local calling services, offer new services on an
optional basis, or make changes in its rates or tariffs if the
cooperative:
(1) files a statement of intent under Section 53.355;
and
(2) provides notice of the proposed action to each
customer and municipality as prescribed by Section 53.356[; and
[(3) files with the commission affidavits verifying
that notice was provided as prescribed by Section 53.357].
SECTION 2. Section 53.355, Utilities Code, is amended to
read as follows:
Sec. 53.355. STATEMENT OF INTENT. (a) A cooperative must
file a statement of intent to use this subchapter with the
commission and the office not later than the 31st [61st] day before
the effective date of the proposed change.
(b) The statement must include:
(1) a copy of a resolution, signed by a majority of the
members of the cooperative's board of directors, approving the
proposed action and authorizing the filing of the statement of
intent;
(2) a description of the services affected by the
proposed action; and
(3) a copy of the proposed tariff for the affected
service[; and
[(4) a copy of the customer notice required by Section
53.356].
SECTION 3. Section 53.356, Utilities Code, is amended to
read as follows:
Sec. 53.356. NOTICE TO AFFECTED PERSONS. (a) The
cooperative shall provide to each affected customer or party,
including a municipality, notice [at least two notices] of the
proposed action by bill insert, electronic bill message, or by
individual notice.
(b) The cooperative shall provide[:
[(1) the first] notice not later than the seventh
[61st day before the effective date of the proposed action; and
[(2) the last notice not later than the 31st] day
before the effective date of the proposed action.
(c) A notice prescribed by this section must include or
refer the customer to an Internet website that includes:
(1) a description of the services affected by the
proposed action;
(2) the effective date of the proposed action; and
(3) [an explanation of the customer's right to:
[(A) obtain a copy of the proposed tariff from
the cooperative; and
[(B) petition the commission for a review under
Section 53.358;
[(4) a statement of the amount by which the
cooperative's total gross annual revenues will increase or decrease
and a statement explaining the effect on the cooperative revenues
as a result of the proposed action; and
[(5)] a list of rates that are affected by the proposed
rate action, showing the effect of the proposed action on each of
those rates.
SECTION 4. Section 53.358(a), Utilities Code, is amended to
read as follows:
(a) The commission shall review a proposed action filed
under this subchapter if:
(1) [the commission receives, not later than the 45th
day after the date the first notice is provided under Section
53.356, complaints relating to the proposed action:
[(A) signed by at least five percent of the
affected local service customers; or
[(B) from an affected intrastate access
customer, or group of affected intrastate access customers, that in
the preceding 12 months accounted for more than 10 percent of the
cooperative's total intrastate access revenues;
[(2)] the cooperative does not comply with the
procedural requirements of this subchapter; or
(2) [(3)] the proposed action is inconsistent with the
commission's substantive policies as expressed in its rules.
SECTION 5. Section 53.357, Utilities Code, is repealed.
SECTION 6. The change in law made by this Act applies only
to a statement of intent filed with the Public Utility Commission of
Texas and the Office of Public Utility Counsel on or after the
effective date of this Act. A statement of intent filed before that
date is governed by the law in effect on the date on which the
statement was filed, and that law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2015.