Texas 2023 - 88th Regular

Texas House Bill HB5098 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Guillen H.B. No. 5098
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority to regulate Voice over Internet Protocol
7	7	services by the Public Utility Commission of Texas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 52.002(d), Utilities Code, is amended to
10	10	read as follows:
11	11	(d) Notwithstanding any other law, a department, agency, or
12	12	political subdivision of this state may not by rule, order, or other
13	13	means directly or indirectly regulate rates charged for, service or
14	14	contract terms for, conditions for, or requirements for entry into
15	15	the market for Voice over Internet Protocol services or other
16	16	Internet Protocol enabled services. This subsection does not:
17	17	(1) affect requirements pertaining to use of a
18	18	right-of-way or payment of right-of-way fees applicable to Voice
19	19	over Internet Protocol services under Chapter 283, Local Government
20	20	Code;
21	21	(2) affect any person's obligation to provide video or
22	22	cable service, as defined under applicable state or federal law,
23	23	the applicability of Chapter 66, or a requirement to make a payment
24	24	under Chapter 66;
25	25	(3) require or prohibit assessment of enhanced 9-1-1,
26	26	relay access service, or universal service fund fees on Voice over
27	27	Internet Protocol service;
28	28	(4) affect any entity's obligations under Sections 251
29	29	and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and
30	30	252), or a right granted to an entity by those sections;
31	31	(5) affect any applicable wholesale tariff;
32	32	(6) grant, modify, or affect the authority of the
33	33	commission to implement, carry out, or enforce the rights or
34	34	obligations provided by Sections 251 and 252, Communications Act of
35	35	1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale
36	36	tariff through arbitration proceedings or other available
37	37	mechanisms and procedures;
38	38	(7) require or prohibit payment of switched network
39	39	access rates or other intercarrier compensation rates, as
40	40	applicable;
41	41	(8) limit any commission authority over the subjects
42	42	listed in Subdivisions (1)-(7) or grant the commission any
43	43	authority over those subjects; [or]
44	44	(9) affect the assessment, administration,
45	45	collection, or enforcement of any tax or fee over which the
46	46	comptroller has authority; or
47	47	(10) limit any commission authority over the grant of
48	48	any certificate to a Voice over Internet Protocol provider under
49	49	Subchapter D, Chapter 54.
50	50	SECTION 2. Section 54.154(a), Utilities Code, is amended to
51	51	read as follows:
52	52	(a) The commission may grant a certificate to encourage an
53	53	innovative, competitive, and entrepreneurial business to provide
54	54	telecommunications or Voice over Internet Protocol services.
55	55	SECTION 3. Section 54.155, Utilities Code, is amended by
56	56	adding Subsection (c) to read as follows:
57	57	(c) A certificate granted under this section to a Voice over
58	58	Internet Protocol provider may not be construed to expand the
59	59	authority or jurisdiction of the commission over Voice over
60	60	Internet Protocol service.
61	61	SECTION 4. This Act takes effect September 1, 2023.