Texas 2021 - 87th Regular

Texas Senate Bill SB1813 Compare Versions

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1	1	By: Springer S.B. No. 1813
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 exchange
29	29	telephone service, including primary directory listings;
30	30	(B) tone dialing service;
31	31	(C) [access to operator services]access to facilities with
32	32	the capability of carrying data or broadband signals ;
33	33	(D) access to directory assistance services and operator
34	34	services;
35	35	(E) access to 911 service provided by a local authority or
36	36	dual party relay service;
37	37	(F) the ability to report service problems seven days a
38	38	week;
39	39	(G) lifeline and tel-assistance services; and
40	40	(H) any other service the commission determines after a
41	41	hearing is a basic local telecommunications service.
42	42	SECTION 3. Section 51.002 (10), Utilities Code, is amended
43	43	to read as follows:
44	44	(10) "Telecommunications provider";
45	45	(A) means:
46	46	(i) a certificated telecommunications utility;
47	47	(ii) a shared tenant service provider;
48	48	(iii) a nondominant carrier of telecommunications
49	49	services;
50	50	(iv) a provider of commercial mobile service as
51	51	defined by Section 332(d), Communications Act of 1934 (47 U.S.C.
52	52	Section 14 151 et seq.), Federal Communications Commission rules,
53	53	and the Omnibus Budget Reconciliation Act of 1993 (Public Law
54	54	103-66), except that the term does not include these entities for
55	55	the purposes of Chapter 17, 55, or 64;
56	56	(v) a telecommunications entity that provides central
57	57	19 office based PBX-type sharing or resale arrangements;
58	58	(vi) an interexchange telecommunications carrier;
59	59	(vii) a specialized common carrier;
60	60	(viii) a reseller of communications;
61	61	(ix) a provider of operator services;
62	62	(x) a provider of customer-owned pay telephone
63	63	service;
64	64	(xi) a provider of Voice over Internet Protocol
65	65	service; or
66	66	[(xi)](xii) a person or entity determined by the commission to
67	67	provide telecommunications services to customers in this state; and
68	68	(B) does not mean;
69	69	(i) a provider of enhanced or information services, or another
70	70	user of telecommunications services, who does not also provided
71	71	telecommunications services; or
72	72	(ii) a state agency or institution of higher education, or a
73	73	service provided by a state agency or state institution of higher
74	74	education.
75	75	SECTION 4. Section 56.022, Utilities Code, is amended to
76	76	read as follows:
77	77	Sec. 56.022. UNIFORM CHARGE.
78	78	(a) The universal service fund is funded by a statewide
79	79	uniform charge payable by each telecommunication provider that has
80	80	access to the customer base.
81	81	(b) A telecommunications provider shall pay the charge in
82	82	accordance with procedures approved by the commission.
83	83	(c) The uniform charge is on services and at rates the
84	84	commission determines and may be in the form of a fee or an
85	85	assessment on revenues. In establishing the charge and the services
86	86	to which the charge will apply, the commission may not:
87	87	(1) grant an unreasonable preference or advantage to a
88	88	telecommunications provider;
89	89	(2) assess the charge on pay telephone service; [or]
90	90	(3) subject a telecommunications provider to unreasonable
91	91	prejudice or disadvantage; or
92	92	(4) assess the charge in a manner that is not technology
93	93	neutral or grants an unreasonable preference based on technology.
94	94	SECTION 5. Subchapter A, Chapter 56, Utilities Code, is
95	95	amended by adding Sections 56.003 and 56.004 to read as follows:
96	96	Sec. 56.003. COMPTROLLER. A reference in this chapter to
97	97	the commission means the comptroller.
98	98	Sec. 56.004. PROHIBITION AGAINST CROSS-SUBSIDIZATION (a) A
99	99	company that the Commission determines willfully and knowingly uses
100	100	support received under this chapter to subsidize an activity of the
101	101	company that is not subject to rate regulation under this subtitle
102	102	will be subject to a fine by the commission of up to $100,000. The
103	103	Commission may, by rule, determine a procedure for terminating the
104	104	certification of a company that is found to have an ongoing pattern
105	105	of such subsidization.
106	106	SECTION 6. Section 56.021, Utilities Code, is amended to
107	107	read as follows:
108	108	Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED; SALES TAX
109	109	RECEIPTS ACCOUNT. (a) The commission shall adopt and enforce rules
110	110	requiring local exchange companies to establish a universal service
111	111	fund to:
112	112	(1) assist telecommunications providers in providing
113	113	basic local telecommunications service at reasonable rates in high
114	114	cost rural areas under two plans:
115	115	(A) the Texas High Cost Universal Service Plan
116	116	(16 T.A.C. Section 26.403); and
117	117	(B) the Small and Rural Incumbent Local Exchange
118	118	Company Universal Service Plan (16 T.A.C. Section 26.404);
119	119	(2) reimburse the telecommunications carrier that
120	120	provides the statewide telecommunications relay access service
121	121	under Subchapter D;
122	122	(3) finance the specialized telecommunications
123	123	assistance program established under Subchapter E;
124	124	(4) reimburse the department and the commission for
125	125	costs incurred in implementing this chapter and Chapter 57;
126	126	(5) reimburse a telecommunications carrier providing
127	127	lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
128	128	amended;
129	129	(6) finance the implementation and administration of
130	130	the identification process under Section 17.007 for
131	131	telecommunications services;
132	132	(7) reimburse a designated provider under Subchapter
133	133	F;
134	134	(8) reimburse a successor utility under Subchapter G;
135	135	and
136	136	(9) finance the program established under Subchapter
137	137	H.
138	138	(b) The universal service fund sales tax receipts account is
139	139	an account in the general revenue fund administered by the
140	140	commission. The account consists of revenue deposited to the
141	141	account under Section 151.801(d-1), Tax Code. Money in the account
142	142	is available to be appropriated for the purposes of this chapter.
143	143	SECTION 7. Subchapter B, Chapter 56, Utilities Code, is
144	144	amended by adding Sections 56.034 and 56.035 to read as follows:
145	145	Sec. 56.034. SUPPORT ALLOCATION. Notwithstanding another
146	146	provision of this chapter, the commission shall subdivide each
147	147	exchange that serves both urban and rural areas and may require that
148	148	support distributed under this chapter be used only for a rural
149	149	portion of a subdivided exchange.
150	150	Sec. 56.035. TRANSITION. (a) The commission shall create
151	151	and publish a plan to:
152	152	(1) over a 15-year period, gradually reduce the amount
153	153	of distributions made from the fund for programs other than the
154	154	programs described by Section 56.021(1);
155	155	(b) The plan must include recommendations for statutory
156	156	changes necessary to authorize the commission to execute the plan.
157	157	SECTION 8. (a) In this section, "commission" means the
158	158	Public Utility Commission of Texas.
159	159	(b) On September 1, 2021:
160	160	(1) all functions and activities related to the
161	161	universal service fund established under Chapter 56, Utilities
162	162	Code, performed by the commission immediately before that date are
163	163	transferred to the comptroller;
164	164	(2) all rules, fees, policies, procedures, decisions,
165	165	and forms related to the universal service fund adopted by the
166	166	commission are continued in effect as rules, fees, policies,
167	167	procedures, decisions, and forms of the comptroller, as applicable,
168	168	and remain in effect until amended or replaced by the comptroller;
169	169	(3) a complaint, investigation, contested case, or
170	170	other proceeding related to the universal service fund before the
171	171	commission that is pending on September 1, 2021, is transferred
172	172	without change in status to the comptroller;
173	173	(4) all money, contracts, leases, property, and
174	174	obligations related to the universal service fund are transferred
175	175	to the comptroller;
176	176	(5) all property related to the universal service fund
177	177	in the custody of the commission is transferred to the comptroller;
178	178	and
179	179	(6) the unexpended and unobligated balance of any
180	180	money appropriated by the legislature for the commission for the
181	181	purpose of administering the universal service fund is transferred
182	182	to the comptroller.
183	183	(c) The commission shall provide the comptroller with
184	184	access to any systems or information necessary for the comptroller
185	185	to administer the universal service fund.
186	186	(d) On September 1, 2021, all full-time equivalent employee
187	187	positions at the commission that primarily concern the
188	188	administration or enforcement of the universal service fund become
189	189	positions at the office of the comptroller.
190	190	SECTION 9. This Act takes effect September 1, 2021.