87R19315 CXP-F
By: Smithee, Rodriguez, Ashby, H.B. No. 2667
King of Uvalde, Anderson, et al.
Substitute the following for H.B. No. 2667:
By: Paddie C.S.H.B. No. 2667
A BILL TO BE ENTITLED
AN ACT
relating to universal service fund assistance to high cost rural
areas and the uniform charge that funds the universal service fund;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 56.001, Utilities Code, is amended by
adding Subdivision (3) to read as follows:
(3) "High cost rural area" means:
(A) an area served by a small provider as defined
by Section 56.032; or
(B) an exchange:
(i) receiving support under the Texas High
Cost Universal Service Plan (16 T.A.C. Section 26.403) or the Small
and Rural Incumbent Local Exchange Company Universal Service Plan
(16 T.A.C. Section 26.404); and
(ii) designated by commission rule, taking
into account the number of providers serving the exchange, the
population density in the exchange, and the number of customers
served per route mile of plant in service used to provide basic
telecommunications service.
SECTION 2. Section 56.022, Utilities Code, is amended to
read as follows:
Sec. 56.022. UNIFORM CHARGE. (a) The universal service
fund is funded by a statewide uniform charge payable by each
telecommunications provider and each provider of Voice over
Internet Protocol service that has access to the customer base.
(b) A telecommunications provider or provider of Voice over
Internet Protocol service shall pay the charge in accordance with
procedures approved by the commission.
(c) The uniform charge is on services and at rates the
commission determines and may be in the form of a fee or an
assessment on revenues. In establishing the charge and the
services to which the charge will apply, the commission may not:
(1) grant an unreasonable preference or advantage to a
telecommunications provider or a provider of Voice over Internet
Protocol service;
(2) assess the charge on pay telephone service; [or]
(3) subject a telecommunications provider or a
provider of Voice over Internet Protocol service to unreasonable
prejudice or disadvantage;
(4) assess the charge in a manner that is not
technology-neutral or that grants an unreasonable preference based
on technology; or
(5) assess a charge for the service, in the form of a
fee or otherwise, on a device that a consumer of the service uses to
access the service.
SECTION 3. Sections 56.024(a) and (b), Utilities Code, are
amended to read as follows:
(a) The commission may require a telecommunications
provider or a provider of Voice over Internet Protocol service to
provide a report or information necessary to assess contributions
and disbursements to the universal service fund.
(b) A report or information the commission requires a
telecommunications provider or a provider of Voice over Internet
Protocol service to provide under Subsection (a) is confidential
and not subject to disclosure under Chapter 552, Government Code.
SECTION 4. Not later than December 31, 2021, the Public
Utility Commission of Texas shall adopt the rules required by
Section 56.001, Utilities Code, as amended by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.