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