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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of telecommunications providers and the |
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Texas Universal Service Fund, authorizing an assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.002 (10), Utilities Code, is amended |
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to read as follows: |
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(10) "Telecommunications provider"; |
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(A) means: |
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(i) a certificated telecommunications |
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utility; |
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(ii) a shared tenant service provider; |
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(iii) a nondominant carrier of |
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telecommunications services; |
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(iv) a provider of commercial mobile |
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service as defined by Section 332(d), Communications Act of 1934 |
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(47 U.S.C. Section 151 et seq.), Federal Communications Commission |
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rules, and the Omnibus Budget Reconciliation Act of 1993 (Public |
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Law 103-66), except that the term does not include these entities |
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for the purposes of Chapter 17, 55, or 64; |
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(v) a telecommunications entity that |
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provides central office based PBX-type sharing or resale |
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arrangements; |
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(vi) an interexchange telecommunications |
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carrier; |
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(vii) a specialized common carrier; |
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(viii) a reseller of communications; |
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(ix) a provider of operator services; |
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(x) a provider of customer-owned pay |
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telephone service; |
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(xi) a provider of Voice over Internet |
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Protocol service; or |
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[(xi)](xii) a person or entity determined |
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by the commission to provide telecommunications services to |
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customers in this state; and |
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(B) does not mean; |
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(i) a provider of enhanced or information |
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services, or another user of telecommunications services, who does |
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not also provided telecommunications services; or |
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(ii) a state agency or institution of |
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higher education, or a service provided by a state agency or state |
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institution of higher education. |
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SECTION 2. Section 56.022, Utilities Code, is amended to |
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read as follows: |
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Sec. 56.022. UNIFORM CHARGE. |
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(a) The universal service fund is funded by a statewide |
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uniform charge payable by each telecommunication provider that has |
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access to the customer base. |
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(b) A telecommunications provider shall pay the charge in |
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accordance with procedures approved by the commission. |
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(c) The uniform charge is on services and at rates the |
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commission determines and may be in the form of a fee or an |
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assessment on revenues. In establishing the charge and the |
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services to which the charge will apply, the commission may not: |
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(1) grant an unreasonable preference or advantage to a |
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telecommunications provider; |
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(2) assess the charge on pay telephone service; [or] |
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(3) subject a telecommunications provider to |
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unreasonable prejudice or disadvantage; or |
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(4) assess the charge in a manner that is not |
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technology neutral or grants an unreasonable preference based on |
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technology. |
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SECTION 3. SECTION 1. Section 56.001, Utilities Code, is |
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amended to read as follows: |
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Sec. 56.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Assistive and |
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Rehabilitative Services. |
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(2) "Designated provider" means a telecommunications |
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provider designated by the commission to provide services to an |
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uncertificated area under Subchapter F. |
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(2-a) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "High cost rural area" as used in Sec. 56.021(1) |
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means: |
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(A) any area served by a "Small provider" as |
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defined by Sec. 56.032(a)(2); and |
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(B) any exchange receiving support under the |
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plans identified in Sec 56.021(1) as of December 31, 2020 where: |
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(i) the population has not since increased |
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by more than 100% since the year 2000; and |
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(ii) there are less than 30 customers per |
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route mile of plant in service. |
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SECTION 3. This Act takes immediate effect if it receives a |
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vote of two-thirds of all members elected to each house, as provided |
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by Section 39, Article III, Texas Constitution. If this Act does |
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not receive the vote necessary to take effect on that date, this Act |
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takes effect on September 1, 2021. |