85R3756 JXC-D
By: Huffines S.B. No. 1712
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of certain charges and programs
associated with the universal service fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Utilities Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. ELIMINATION OF CHARGES AND PROGRAMS NOT REQUIRED BY
FEDERAL LAW
Sec. 56.351. ELIMINATION OF CHARGES AND PROGRAMS NOT
REQUIRED BY FEDERAL LAW. (a) For the purposes of this section,
"charge" includes a surcharge and a fee.
(b) The commission shall by rule adopt a plan to:
(1) eliminate each charge or portion of a charge that:
(A) is established under this chapter; and
(B) is not required by federal law; and
(2) eliminate each program or service that:
(A) is established under this chapter or receives
funding under this chapter;
(B) is funded solely from the universal service
fund; and
(C) is not required by federal law.
(c) The plan must reduce the charges or portions of charges
over a five-year period in equal increments so that the charges or
portions of charges are eliminated by the end of that period. The
five-year period must begin not later than September 1, 2018.
(d) If this section conflicts with another provision of this
title, this section prevails.
SECTION 2. (a) The Public Utility Commission of Texas shall
adopt rules as necessary to ensure that:
(1) a charge, surcharge, or fee established under
Chapter 56, Utilities Code, and not required by federal law is not
collected for a billing cycle any part of which falls on or after
October 1, 2024; and
(2) a charge, surcharge, or fee established under
Chapter 56, Utilities Code, due for a billing cycle completed
before October 1, 2024, is collected and remitted for deposit to the
credit of the universal service fund under Chapter 56, Utilities
Code.
(b) The change in law made by this Act does not affect the
liability for a payment of a charge, surcharge, or fee established
under Chapter 56, Utilities Code, that accrues before October 1,
2024. That liability continues in effect as if this Act had not
been enacted. The former law is continued in effect for the
collection of charges, surcharges, or fees due, for remission of
the collected charges, surcharges, or fees for deposit to the
universal service fund, for enforcement of the liability for and
remission of those charges, surcharges, or fees, and for the
purposes of Subsection (a)(2) of this section.
SECTION 3. This Act takes effect September 1, 2017.