By: Smithee H.B. No. 2667
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of telecommunications providers and the
  Texas Universal Service Fund, authorizing an assessment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.002 (10), Utilities Code, is amended
  to read as follows:
               (10)  "Telecommunications provider";
                     (A)  means:
                           (i)  a certificated telecommunications
  utility;
                           (ii)  a shared tenant service provider;
                           (iii)  a nondominant carrier of
  telecommunications services;
                           (iv)  a provider of commercial mobile
  service as defined by Section 332(d), Communications Act of 1934
  (47 U.S.C. Section 151 et seq.), Federal Communications Commission
  rules, and the Omnibus Budget Reconciliation Act of 1993 (Public
  Law 103-66), except that the term does not include these entities
  for the purposes of Chapter 17, 55, or 64;
                           (v)  a telecommunications entity that
  provides central office based PBX-type sharing or resale
  arrangements;
                           (vi)  an interexchange telecommunications
  carrier;
                           (vii)  a specialized common carrier;
                           (viii)  a reseller of communications;
                           (ix)  a provider of operator services;
                           (x)  a provider of customer-owned pay
  telephone service;
                           (xi)  a provider of Voice over Internet
  Protocol service; or
                           [(xi)](xii)  a person or entity determined
  by the commission to provide telecommunications services to
  customers in this state; and
                     (B)  does not mean;
                           (i)  a provider of enhanced or information
  services, or another user of telecommunications services, who does
  not also provided telecommunications services; or
                           (ii)  a state agency or institution of
  higher education, or a service provided by a state agency or state
  institution of higher education.
         SECTION 2.  Section 56.022, Utilities Code, is amended to
  read as follows:
         Sec. 56.022.  UNIFORM CHARGE.
         (a)  The universal service fund is funded by a statewide
  uniform charge payable by each telecommunication provider that has
  access to the customer base.
         (b)  A telecommunications provider shall pay the charge in
  accordance with procedures approved by the commission.
         (c)  The uniform charge is on services and at rates the
  commission determines and may be in the form of a fee or an
  assessment on revenues.  In establishing the 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; or
               (4)  assess the charge in a manner that is not
  technology neutral or grants an unreasonable preference based on
  technology.
         SECTION 3.  SECTION 1. Section 56.001, Utilities Code, is
  amended to read as follows:
         Sec. 56.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of Assistive and
  Rehabilitative Services.
               (2)  "Designated provider" means a telecommunications
  provider designated by the commission to provide services to an
  uncertificated area under Subchapter F.
               (2-a)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (3)  "High cost rural area" as used in Sec. 56.021(1)
  means:
                     (A)  any area served by a "Small provider" as
  defined by Sec. 56.032(a)(2); and
                     (B)  any exchange receiving support under the
  plans identified in Sec 56.021(1) as of December 31, 2020 where:
                           (i)  the population has not since increased
  by more than 100% since the year 2000; and
                           (ii)  there are less than 30 customers per
  route mile of plant in service.
         SECTION 3.  This Act takes immediate effect if it receives a
  vote of two-thirds of all members elected to each house, as provided
  by Section 39, Article III, Texas Constitution. If this Act does
  not receive the vote necessary to take effect on that date, this Act
  takes effect on September 1, 2021.