4 | 12 | | AN ACT |
---|
5 | 13 | | relating to universal service fund assistance to high cost rural |
---|
6 | 14 | | areas and the uniform charge that funds the universal service fund. |
---|
7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
8 | 16 | | SECTION 1. Section 56.001, Utilities Code, is amended by |
---|
9 | 17 | | adding Subdivision (3) to read as follows: |
---|
10 | 18 | | (3) "High cost rural area" means: |
---|
11 | 19 | | (A) an area: |
---|
12 | 20 | | (i) receiving support under Section |
---|
13 | 21 | | 56.021(1) on December 31, 2020; and |
---|
14 | 22 | | (ii) served by a telecommunications |
---|
15 | 23 | | provider that is subject to rate regulation under Chapter 53; and |
---|
16 | 24 | | (B) any other exchange: |
---|
17 | 25 | | (i) receiving support under the Texas High |
---|
18 | 26 | | Cost Universal Service Plan (16 T.A.C. Section 26.403) or the Small |
---|
19 | 27 | | and Rural Incumbent Local Exchange Company Universal Service Plan |
---|
20 | 28 | | (16 T.A.C. Section 26.404); and |
---|
21 | 29 | | (ii) not excluded by commission rule based |
---|
22 | 30 | | on the number of telecommunications providers serving the exchange, |
---|
23 | 31 | | the population density in the exchange, and the number of customers |
---|
24 | 32 | | served per route mile of plant in service used to provide basic |
---|
25 | 33 | | local telecommunications service. |
---|
26 | 34 | | SECTION 2. Section 56.022, Utilities Code, is amended to |
---|
27 | 35 | | read as follows: |
---|
28 | 36 | | Sec. 56.022. UNIFORM CHARGE. (a) The universal service |
---|
29 | 37 | | fund is funded by a statewide uniform charge payable by each |
---|
30 | 38 | | telecommunications provider and each provider of Voice over |
---|
31 | 39 | | Internet Protocol service that has access to the customer base. |
---|
32 | 40 | | (b) A telecommunications provider or provider of Voice over |
---|
33 | 41 | | Internet Protocol service shall pay the charge in accordance with |
---|
34 | 42 | | procedures approved by the commission. |
---|
35 | 43 | | (c) The uniform charge is on services and at rates the |
---|
36 | 44 | | commission determines. In establishing the charge and the services |
---|
37 | 45 | | to which the charge will apply, the commission may not: |
---|
38 | 46 | | (1) grant an unreasonable preference or advantage to a |
---|
39 | 47 | | telecommunications provider or a provider of Voice over Internet |
---|
40 | 48 | | Protocol service; |
---|
41 | 49 | | (2) assess the charge on pay telephone service; [or] |
---|
42 | 50 | | (3) subject a telecommunications provider or a |
---|
43 | 51 | | provider of Voice over Internet Protocol service to unreasonable |
---|
44 | 52 | | prejudice or disadvantage; or |
---|
45 | 53 | | (4) assess the charge in a manner that is not |
---|
46 | 54 | | technology-neutral or that grants an unreasonable preference based |
---|
47 | 55 | | on technology. |
---|
48 | 56 | | SECTION 3. Sections 56.024(a) and (b), Utilities Code, are |
---|
49 | 57 | | amended to read as follows: |
---|
50 | 58 | | (a) The commission may require a telecommunications |
---|
51 | 59 | | provider or a provider of Voice over Internet Protocol service to |
---|
52 | 60 | | provide a report or information necessary to assess contributions |
---|
53 | 61 | | and disbursements to the universal service fund. |
---|
54 | 62 | | (b) A report or information the commission requires a |
---|
55 | 63 | | telecommunications provider or a provider of Voice over Internet |
---|
56 | 64 | | Protocol service to provide under Subsection (a) is confidential |
---|
57 | 65 | | and not subject to disclosure under Chapter 552, Government Code. |
---|
58 | 66 | | SECTION 4. Not later than December 31, 2021, the Public |
---|
59 | 67 | | Utility Commission of Texas shall initiate the rulemaking to adopt |
---|
60 | 68 | | the rules required by Section 56.001, Utilities Code, as amended by |
---|
61 | 69 | | this Act. |
---|
62 | 70 | | SECTION 5. This Act takes effect immediately if it receives |
---|
63 | 71 | | a vote of two-thirds of all the members elected to each house, as |
---|
64 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
65 | 73 | | Act does not receive the vote necessary for immediate effect, this |
---|
66 | 74 | | Act takes effect September 1, 2021. |
---|
67 | | - | ______________________________ ______________________________ |
---|
68 | | - | President of the Senate Speaker of the House |
---|
69 | | - | I certify that H.B. No. 2667 was passed by the House on May 4, |
---|
70 | | - | 2021, by the following vote: Yeas 127, Nays 21, 1 present, not |
---|
71 | | - | voting; and that the House concurred in Senate amendments to H.B. |
---|
72 | | - | No. 2667 on May 28, 2021, by the following vote: Yeas 129, Nays 18, |
---|
73 | | - | 1 present, not voting. |
---|
74 | | - | ______________________________ |
---|
75 | | - | Chief Clerk of the House |
---|
76 | | - | I certify that H.B. No. 2667 was passed by the Senate, with |
---|
77 | | - | amendments, on May 25, 2021, by the following vote: Yeas 31, Nays |
---|
78 | | - | 0. |
---|
79 | | - | ______________________________ |
---|
80 | | - | Secretary of the Senate |
---|
81 | | - | APPROVED: __________________ |
---|
82 | | - | Date |
---|
83 | | - | __________________ |
---|
84 | | - | Governor |
---|
| 75 | + | * * * * * |
---|