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AN ACT
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relating to the authority of the Public Utility Commission of Texas |
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to regulate Voice over Internet Protocol services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.002(d), Utilities Code, is amended to |
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read as follows: |
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(d) Notwithstanding any other law, a department, agency, or |
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political subdivision of this state may not by rule, order, or other |
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means directly or indirectly regulate rates charged for, service or |
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contract terms for, conditions for, or requirements for entry into |
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the market for Voice over Internet Protocol services or other |
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Internet Protocol enabled services. This subsection does not: |
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(1) affect requirements pertaining to use of a |
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right-of-way or payment of right-of-way fees applicable to Voice |
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over Internet Protocol services under Chapter 283, Local Government |
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Code; |
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(2) affect any person's obligation to provide video or |
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cable service, as defined under applicable state or federal law, |
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the applicability of Chapter 66, or a requirement to make a payment |
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under Chapter 66; |
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(3) require or prohibit assessment of enhanced 9-1-1, |
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relay access service, or universal service fund fees on Voice over |
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Internet Protocol service; |
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(4) affect any entity's obligations under Sections 251 |
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and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and |
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252), or a right granted to an entity by those sections; |
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(5) affect any applicable wholesale tariff; |
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(6) grant, modify, or affect the authority of the |
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commission to implement, carry out, or enforce the rights or |
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obligations provided by Sections 251 and 252, Communications Act of |
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1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale |
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tariff through arbitration proceedings or other available |
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mechanisms and procedures; |
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(7) require or prohibit payment of switched network |
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access rates or other intercarrier compensation rates, as |
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applicable; |
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(8) limit any commission authority over the subjects |
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listed in Subdivisions (1)-(7) or grant the commission any |
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authority over those subjects; [or] |
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(9) affect the assessment, administration, |
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collection, or enforcement of any tax or fee over which the |
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comptroller has authority; or |
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(10) limit any commission authority over the grant of |
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any certificate to a Voice over Internet Protocol provider under |
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Subchapter C or D, Chapter 54. |
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SECTION 2. Section 54.154(a), Utilities Code, is amended to |
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read as follows: |
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(a) The commission may grant a certificate to encourage an |
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innovative, competitive, and entrepreneurial business to provide |
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telecommunications or Voice over Internet Protocol services. |
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SECTION 3. Section 54.155, Utilities Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A certificate granted under this section to a Voice over |
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Internet Protocol provider may not be construed to expand the |
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authority or jurisdiction of the commission over Voice over |
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Internet Protocol service. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2399 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2399 passed the House on |
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May 19, 2023, by the following vote: Yeas 131, Nays 12, |
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two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |