Texas 2023 - 88th Regular

Texas House Bill HB3823 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: King of Hemphill H.B. No. 3823
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the administration of the universal service fund.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 56.022, Utilities Code, is amended by
9	9	amending Subsections (a) and (c) and adding Subsection (d) to read
10	10	as follows:
11	11	(a) The universal service fund is funded by a statewide
12	12	uniform charge payable by each telecommunications provider that has
13	13	access to the customer base. The commission may establish the
14	14	statewide uniform charge as a fixed amount applicable to each
15	15	communication connection on a competitively and technologically
16	16	neutral basis. In this subsection, "communication connection"
17	17	means a voice-enabled telephone access line, wireless voice
18	18	connection, unique voice over Internet protocol service
19	19	connection, or other equivalent connection as determined by
20	20	commission rule.
21	21	(c) The uniform is [on services and] at rates the commission
22	22	determines. In establishing the uniform charge and the services to
23	23	which the charge will apply, the commission may not:
24	24	(1) grant an unreasonable preference or advantage to a
25	25	telecommunications provider;
26	26	(2) assess the charge on pay telephone service; or
27	27	(3) subject a telecommunications provider to
28	28	unreasonable prejudice or disadvantage.
29	29	SECTION 2. Sections 56.023, Utilities Code, is amended by
30	30	amending Subsection (a) and adding Subsection (t) to read as
31	31	follows:
32	32	(a) The commission shall:
33	33	(1) in a manner that assures reasonable rates for
34	34	basic local telecommunications service, adopt eligibility criteria
35	35	and review procedures, including a method for administrative
36	36	review, the commission finds necessary to ensure that [fund] the
37	37	universal service fund and the programs established under this
38	38	chapter are fully funded and to make distributions from that fund;
39	39	(2) determine which telecommunications providers meet
40	40	the eligibility criteria;
41	41	(3) determine the amount of and approve a procedure
42	42	for reimbursement to telecommunications providers of revenue lost
43	43	in providing tel-assistance service [under Subchapter 6];
44	44	(4) establish and collect fees from the universal
45	45	service fund necessary to recover the costs the department and the
46	46	commission incur in administering this chapter and Chapter 57;
47	47	(5) approve procedures for the collection and
48	48	disbursal of the revenue of the universal service fund; and
49	49	(6) audit voucher payments and other expenditures made
50	50	under the specialized telecommunications assistance program
51	51	established under Subchapter E.
52	52	(t) In administering the universal service fund, the
53	53	commission may not prioritize providing support from the fund for a
54	54	program described by this chapter over providing support for
55	55	another program described by this chapter.
56	56	SECTION 3. The Public Utility Commission of Texas shall
57	57	conduct a rulemaking to review the basis of the assessment for
58	58	funding of the universal service fund and to evaluate the merits of
59	59	adopting a connections-based assessment model. The Public Utility
60	60	Commission of Texas shall conclude the rulemaking no later than
61	61	March 31, 2024.
62	62	SECTION 4. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2023.