Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB73 Compare Versions

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

Old	New	Differences
1	1	87S11028 CXP-F
2	2	By: Perry S.B. No. 73
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to universal service fund assistance to high cost rural
8	8	areas and the uniform charge that funds the universal service fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 56.001, Utilities Code, is amended by
11	11	adding Subdivision (3) to read as follows:
12	12	(3) "High cost rural area" means:
13	13	(A) an area:
14	14	(i) receiving support under Section
15	15	56.021(1) on December 31, 2020; and
16	16	(ii) served by a telecommunications
17	17	provider that is subject to rate regulation under Chapter 53; and
18	18	(B) any other exchange:
19	19	(i) receiving support under the Texas High
20	20	Cost Universal Service Plan (16 T.A.C. Section 26.403) or the Small
21	21	and Rural Incumbent Local Exchange Company Universal Service Plan
22	22	(16 T.A.C. Section 26.404); and
23	23	(ii) not excluded by commission rule based
24	24	on the number of telecommunications providers serving the exchange,
25	25	the population density in the exchange, and the number of customers
26	26	served per route mile of plant in service used to provide basic
27	27	local telecommunications service.
28	28	SECTION 2. Section 56.022, Utilities Code, is amended to
29	29	read as follows:
30	30	Sec. 56.022. UNIFORM CHARGE. (a) The universal service
31	31	fund is funded by a statewide uniform charge payable by each
32	32	telecommunications provider and each provider of Voice over
33	33	Internet Protocol service that has access to the customer base.
34	34	(b) A telecommunications provider or provider of Voice over
35	35	Internet Protocol service shall pay the charge in accordance with
36	36	procedures approved by the commission.
37	37	(c) The uniform charge is on services and at rates the
38	38	commission determines. In establishing the charge and the services
39	39	to which the charge will apply, the commission may not:
40	40	(1) grant an unreasonable preference or advantage to a
41	41	telecommunications provider or a provider of Voice over Internet
42	42	Protocol service;
43	43	(2) assess the charge on pay telephone service; [or]
44	44	(3) subject a telecommunications provider or a
45	45	provider of Voice over Internet Protocol service to unreasonable
46	46	prejudice or disadvantage; or
47	47	(4) assess the charge in a manner that is not
48	48	technology-neutral or that grants an unreasonable preference based
49	49	on technology.
50	50	SECTION 3. Sections 56.024(a) and (b), Utilities Code, are
51	51	amended to read as follows:
52	52	(a) The commission may require a telecommunications
53	53	provider or a provider of Voice over Internet Protocol service to
54	54	provide a report or information necessary to assess contributions
55	55	and disbursements to the universal service fund.
56	56	(b) A report or information the commission requires a
57	57	telecommunications provider or a provider of Voice over Internet
58	58	Protocol service to provide under Subsection (a) is confidential
59	59	and not subject to disclosure under Chapter 552, Government Code.
60	60	SECTION 4. Not later than December 31, 2021, the Public
61	61	Utility Commission of Texas shall initiate the rulemaking to adopt
62	62	the rules required by Section 56.001, Utilities Code, as amended by
63	63	this Act.
64	64	SECTION 5. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect on the 91st day after the last day of the
69	69	legislative session.