| 1 | 1 | | 85R3756 JXC-D |
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| 2 | 2 | | By: Huffines S.B. No. 1712 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the elimination of certain charges and programs |
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| 8 | 8 | | associated with the universal service fund. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 56, Utilities Code, is amended by adding |
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| 11 | 11 | | Subchapter I to read as follows: |
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| 12 | 12 | | SUBCHAPTER I. ELIMINATION OF CHARGES AND PROGRAMS NOT REQUIRED BY |
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| 13 | 13 | | FEDERAL LAW |
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| 14 | 14 | | Sec. 56.351. ELIMINATION OF CHARGES AND PROGRAMS NOT |
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| 15 | 15 | | REQUIRED BY FEDERAL LAW. (a) For the purposes of this section, |
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| 16 | 16 | | "charge" includes a surcharge and a fee. |
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| 17 | 17 | | (b) The commission shall by rule adopt a plan to: |
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| 18 | 18 | | (1) eliminate each charge or portion of a charge that: |
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| 19 | 19 | | (A) is established under this chapter; and |
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| 20 | 20 | | (B) is not required by federal law; and |
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| 21 | 21 | | (2) eliminate each program or service that: |
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| 22 | 22 | | (A) is established under this chapter or receives |
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| 23 | 23 | | funding under this chapter; |
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| 24 | 24 | | (B) is funded solely from the universal service |
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| 25 | 25 | | fund; and |
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| 26 | 26 | | (C) is not required by federal law. |
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| 27 | 27 | | (c) The plan must reduce the charges or portions of charges |
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| 28 | 28 | | over a five-year period in equal increments so that the charges or |
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| 29 | 29 | | portions of charges are eliminated by the end of that period. The |
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| 30 | 30 | | five-year period must begin not later than September 1, 2018. |
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| 31 | 31 | | (d) If this section conflicts with another provision of this |
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| 32 | 32 | | title, this section prevails. |
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| 33 | 33 | | SECTION 2. (a) The Public Utility Commission of Texas shall |
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| 34 | 34 | | adopt rules as necessary to ensure that: |
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| 35 | 35 | | (1) a charge, surcharge, or fee established under |
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| 36 | 36 | | Chapter 56, Utilities Code, and not required by federal law is not |
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| 37 | 37 | | collected for a billing cycle any part of which falls on or after |
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| 38 | 38 | | October 1, 2024; and |
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| 39 | 39 | | (2) a charge, surcharge, or fee established under |
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| 40 | 40 | | Chapter 56, Utilities Code, due for a billing cycle completed |
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| 41 | 41 | | before October 1, 2024, is collected and remitted for deposit to the |
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| 42 | 42 | | credit of the universal service fund under Chapter 56, Utilities |
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| 43 | 43 | | Code. |
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| 44 | 44 | | (b) The change in law made by this Act does not affect the |
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| 45 | 45 | | liability for a payment of a charge, surcharge, or fee established |
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| 46 | 46 | | under Chapter 56, Utilities Code, that accrues before October 1, |
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| 47 | 47 | | 2024. That liability continues in effect as if this Act had not |
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| 48 | 48 | | been enacted. The former law is continued in effect for the |
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| 49 | 49 | | collection of charges, surcharges, or fees due, for remission of |
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| 50 | 50 | | the collected charges, surcharges, or fees for deposit to the |
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| 51 | 51 | | universal service fund, for enforcement of the liability for and |
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| 52 | 52 | | remission of those charges, surcharges, or fees, and for the |
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| 53 | 53 | | purposes of Subsection (a)(2) of this section. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2017. |
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