Texas 2015 - 84th Regular

Texas House Bill HB2689 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6981 DDT-F
2	2	By: Miller of Comal H.B. No. 2689
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for a partially deregulated
8	8	telecommunications cooperative to offer certain services or make
9	9	changes in its rates or tariffs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 53.354, Utilities Code, is amended to
12	12	read as follows:
13	13	Sec. 53.354. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE
14	14	CERTAIN CHANGES. After the initial balloting, a cooperative may
15	15	offer extended local calling services, offer new services on an
16	16	optional basis, or make changes in its rates or tariffs if the
17	17	cooperative:
18	18	(1) files a statement of intent under Section 53.355;
19	19	and
20	20	(2) provides notice of the proposed action to each
21	21	customer and municipality as prescribed by Section 53.356[; and
22	22	[(3) files with the commission affidavits verifying
23	23	that notice was provided as prescribed by Section 53.357].
24	24	SECTION 2. Section 53.355, Utilities Code, is amended to
25	25	read as follows:
26	26	Sec. 53.355. STATEMENT OF INTENT. (a) A cooperative must
27	27	file a statement of intent to use this subchapter with the
28	28	commission and the office not later than the 31st [61st] day before
29	29	the effective date of the proposed change.
30	30	(b) The statement must include:
31	31	(1) a copy of a resolution, signed by a majority of the
32	32	members of the cooperative's board of directors, approving the
33	33	proposed action and authorizing the filing of the statement of
34	34	intent;
35	35	(2) a description of the services affected by the
36	36	proposed action; and
37	37	(3) a copy of the proposed tariff for the affected
38	38	service[; and
39	39	[(4) a copy of the customer notice required by Section
40	40	53.356].
41	41	SECTION 3. Section 53.356, Utilities Code, is amended to
42	42	read as follows:
43	43	Sec. 53.356. NOTICE TO AFFECTED PERSONS. (a) The
44	44	cooperative shall provide to each affected customer or party,
45	45	including a municipality, notice [at least two notices] of the
46	46	proposed action by bill insert, electronic bill message, or by
47	47	individual notice.
48	48	(b) The cooperative shall provide[:
49	49	[(1) the first] notice not later than the seventh
50	50	[61st day before the effective date of the proposed action; and
51	51	[(2) the last notice not later than the 31st] day
52	52	before the effective date of the proposed action.
53	53	(c) A notice prescribed by this section must include or
54	54	refer the customer to an Internet website that includes:
55	55	(1) a description of the services affected by the
56	56	proposed action;
57	57	(2) the effective date of the proposed action; and
58	58	(3) [an explanation of the customer's right to:
59	59	[(A) obtain a copy of the proposed tariff from
60	60	the cooperative; and
61	61	[(B) petition the commission for a review under
62	62	Section 53.358;
63	63	[(4) a statement of the amount by which the
64	64	cooperative's total gross annual revenues will increase or decrease
65	65	and a statement explaining the effect on the cooperative revenues
66	66	as a result of the proposed action; and
67	67	[(5)] a list of rates that are affected by the proposed
68	68	rate action, showing the effect of the proposed action on each of
69	69	those rates.
70	70	SECTION 4. Section 53.358(a), Utilities Code, is amended to
71	71	read as follows:
72	72	(a) The commission shall review a proposed action filed
73	73	under this subchapter if:
74	74	(1) [the commission receives, not later than the 45th
75	75	day after the date the first notice is provided under Section
76	76	53.356, complaints relating to the proposed action:
77	77	[(A) signed by at least five percent of the
78	78	affected local service customers; or
79	79	[(B) from an affected intrastate access
80	80	customer, or group of affected intrastate access customers, that in
81	81	the preceding 12 months accounted for more than 10 percent of the
82	82	cooperative's total intrastate access revenues;
83	83	[(2)] the cooperative does not comply with the
84	84	procedural requirements of this subchapter; or
85	85	(2) [(3)] the proposed action is inconsistent with the
86	86	commission's substantive policies as expressed in its rules.
87	87	SECTION 5. Section 53.357, Utilities Code, is repealed.
88	88	SECTION 6. The change in law made by this Act applies only
89	89	to a statement of intent filed with the Public Utility Commission of
90	90	Texas and the Office of Public Utility Counsel on or after the
91	91	effective date of this Act. A statement of intent filed before that
92	92	date is governed by the law in effect on the date on which the
93	93	statement was filed, and that law is continued in effect for that
94	94	purpose.
95	95	SECTION 7. This Act takes effect September 1, 2015.