Texas 2021 - 87th Regular

Texas House Bill HB4373 Compare Versions

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

Old	New	Differences
1	1	By: Rodriguez H.B. No. 4373
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the universal service fund.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 151.801, Tax Code, is amended by
9	9	amending Subsection (a) and adding Subsection (d-1) to read as
10	10	follows:
11	11	(a) Except for the amounts allocated under Subsections (b),
12	12	(c), (c-2), [and] (c-3), and (d-1), all proceeds from the
13	13	collection of the taxes imposed by this chapter shall be deposited
14	14	to the credit of the general revenue fund.
15	15	(d-1) The first $200 million of the proceeds received in a
16	16	state fiscal year from the collection of the taxes imposed by this
17	17	chapter on telecommunications services shall be deposited to the
18	18	credit of the universal service fund sales tax receipts account in
19	19	the general revenue fund. The comptroller shall determine the
20	20	amount to be deposited under this subsection according to available
21	21	statistical data indicating the estimated or actual total proceeds
22	22	in this state from taxes imposed on the sale of telecommunications
23	23	services.
24	24	SECTION 2. Section 51.002, Utilities Code, is amended to
25	25	read as follows:
26	26	Sec. 51.002. DEFINITIONS. In this subtitle:
27	27	(1) "Basic local telecommunications service" means:
28	28	(A) flat rate residential and business local
29	29	exchange telephone service, including primary directory listings;
30	30	(B) tone dialing service;
31	31	(C) [access to operator services]access to
32	32	facilities with data transmission capability;
33	33	(D) access to directory assistance services and
34	34	operator services;
35	35	(E) access to 911 service provided by a local
36	36	authority or dual party relay service;
37	37	(F) the ability to report service problems seven
38	38	days a week;
39	39	(G) lifeline and tel-assistance services; and
40	40	(H) any other service the commission determines
41	41	after a hearing is a basic local telecommunications service.
42	42	SECTION 3. Subchapter A, Chapter 56, Utilities Code, is
43	43	amended by adding Sections 56.003 and 56.004 to read as follows:
44	44	Sec. 56.003. COMPTROLLER. A reference in this chapter to
45	45	the commission means the comptroller.
46	46	Sec. 56.004. PROHIBITION AGAINST CROSS-SUBSIDIZATION (a) A
47	47	company that the commission determines willfully and knowingly uses
48	48	support received under this chapter to subsidize an activity of the
49	49	company that is not subject to rate regulation under this subtitle
50	50	will be subject to a fine by the commission of up to $100,000. The
51	51	commission may, by rule, determine a procedure for terminating the
52	52	certification of a company that is found to have an ongoing pattern
53	53	of such subsidization.
54	54	SECTION 4. Section 56.021, Utilities Code, is amended to
55	55	read as follows:
56	56	Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED; SALES TAX
57	57	RECEIPTS ACCOUNT. (a) The commission shall adopt and enforce rules
58	58	requiring local exchange companies to establish a universal service
59	59	fund to:
60	60	(1) assist telecommunications providers in providing
61	61	basic local telecommunications service at reasonable rates in high
62	62	cost rural areas under two plans:
63	63	(A) the Texas High Cost Universal Service Plan
64	64	(16 T.A.C. Section 26.403); and
65	65	(B) the Small and Rural Incumbent Local Exchange
66	66	Company Universal Service Plan (16 T.A.C. Section 26.404);
67	67	(2) reimburse the telecommunications carrier that
68	68	provides the statewide telecommunications relay access service
69	69	under Subchapter D;
70	70	(3) finance the specialized telecommunications
71	71	assistance program established under Subchapter E;
72	72	(4) reimburse the department and the commission for
73	73	costs incurred in implementing this chapter and Chapter 57;
74	74	(5) reimburse a telecommunications carrier providing
75	75	lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
76	76	amended;
77	77	(6) finance the implementation and administration of
78	78	the identification process under Section 17.007 for
79	79	telecommunications services;
80	80	(7) reimburse a designated provider under Subchapter
81	81	F;
82	82	(8) reimburse a successor utility under Subchapter G;
83	83	and
84	84	(9) finance the program established under Subchapter
85	85	H.
86	86	(b) The universal service fund sales tax receipts account is
87	87	an account in the general revenue fund administered by the
88	88	commission. The account consists of revenue deposited to the
89	89	account under Section 151.801(d-1), Tax Code. Money in the account
90	90	is available to be appropriated for the purposes of this chapter.
91	91	SECTION 5. Subchapter B, Chapter 56, Utilities Code, is
92	92	amended by adding Sections 56.034 and 56.035 to read as follows:
93	93	Sec. 56.034. SUPPORT ALLOCATION. Notwithstanding another
94	94	provision of this chapter, the commission shall subdivide each
95	95	exchange that serves both urban and rural areas and may require that
96	96	support distributed under this chapter be used only for a rural
97	97	portion of a subdivided exchange.
98	98	Sec. 56.035. TRANSITION. (a) The commission shall create
99	99	and publish a plan to:
100	100	(1) over a 5-year period, gradually reduce the amount
101	101	of distributions made from the fund for programs other than the
102	102	programs described by Section 56.021(1);
103	103	(b) The plan must include recommendations for statutory
104	104	changes necessary to authorize the commission to execute the plan.
105	105	SECTION 6. (a) In this section, "commission" means the
106	106	Public Utility Commission of Texas.
107	107	(b) On September 1, 2021:
108	108	(1) all functions and activities related to the
109	109	universal service fund established under Chapter 56, Utilities
110	110	Code, performed by the commission immediately before that date are
111	111	transferred to the comptroller;
112	112	(2) all rules, fees, policies, procedures, decisions,
113	113	and forms related to the universal service fund adopted by the
114	114	commission are continued in effect as rules, fees, policies,
115	115	procedures, decisions, and forms of the comptroller, as applicable,
116	116	and remain in effect until amended or replaced by the comptroller;
117	117	(3) a complaint, investigation, contested case, or
118	118	other proceeding related to the universal service fund before the
119	119	commission that is pending on September 1, 2021, is transferred
120	120	without change in status to the comptroller;
121	121	(4) all money, contracts, leases, property, and
122	122	obligations related to the universal service fund are transferred
123	123	to the comptroller;
124	124	(5) all property related to the universal service fund
125	125	in the custody of the commission is transferred to the comptroller;
126	126	and
127	127	(6) the unexpended and unobligated balance of any
128	128	money appropriated by the legislature for the commission for the
129	129	purpose of administering the universal service fund is transferred
130	130	to the comptroller.
131	131	(c) The commission shall provide the comptroller with
132	132	access to any systems or information necessary for the comptroller
133	133	to administer the universal service fund.
134	134	(d) On September 1, 2021, all full-time equivalent employee
135	135	positions at the commission that primarily concern the
136	136	administration or enforcement of the universal service fund become
137	137	positions at the office of the comptroller.
138	138	SECTION 7. This Act takes effect September 1, 2021.