By A. Smith of Harris H.B. No. 653
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of an education tariff for certain
1-3 telecommunications services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article XIV, Public Utility Regulatory Act
1-6 (Article 1446c, Vernon's Texas Civil Statutes), is amended by
1-7 adding Section 96B to read as follows:
1-8 Sec. 96B. (a) The commission by rule shall require a
1-9 dominant carrier to file a tariff containing a reduced rate for a
1-10 telecommunications service the commission finds is directly related
1-11 to a distance learning activity that is or could be conducted by an
1-12 educational institution in this state.
1-13 (b) The commission rules shall specify:
1-14 (1) the telecommunications services that qualify under
1-15 this section;
1-16 (2) the process by which an educational institution
1-17 qualifies for a reduced rate;
1-18 (3) the date by which a dominant carrier shall file a
1-19 tariff;
1-20 (4) guidelines and criteria by which the services and
1-21 reduced rates shall further the goals stated in Subsection (d) of
1-22 this section; and
1-23 (5) any other requirements, terms, and conditions that
1-24 the commission determines to be in the public interest.
2-1 (c) A tariff filing by a dominant carrier under this
2-2 section:
2-3 (1) shall concern only the implementation of this
2-4 section;
2-5 (2) is not a rate change under Section 43 of this Act;
2-6 and
2-7 (3) does not affect any of the carrier's other rates
2-8 or services.
2-9 (d) The services and reduced rates shall be designed to:
2-10 (1) encourage the development and offering of distance
2-11 learning activities by educational institutions;
2-12 (2) meet the distance learning needs identified by the
2-13 educational community; and
2-14 (3) recover the long-run incremental costs of
2-15 providing the services, to the extent those costs can be
2-16 identified, so as to avoid subsidizing educational institutions.
2-17 (e) The commission is not required to determine the long-run
2-18 incremental cost of providing a service before approving a reduced
2-19 rate for the service. Until cost determination rules are developed
2-20 and the rates established under this section are changed as
2-21 necessary to ensure proper cost recovery, the reduced rates
2-22 established by the commission shall be equal to 75 percent of the
2-23 otherwise applicable rate. After the commission develops cost
2-24 determination rules for telecommunications services generally, it
2-25 shall ensure that a reduced rate approved under this section
2-26 recovers service-specific long-run incremental costs and avoids
2-27 subsidization.
3-1 (f) An educational institution or dominant carrier may at
3-2 any time request the commission to:
3-3 (1) provide for a reduced rate for a service directly
3-4 related to a distance learning activity that is not covered by
3-5 commission rules;
3-6 (2) change a rate;
3-7 (3) amend a tariff; or
3-8 (4) amend a commission rule.
3-9 (g) If the commission determines that a change requested
3-10 under Subsection (f) is appropriate, it shall make the requested
3-11 change.
3-12 (h) In this section:
3-13 (1) "Distance learning" means instruction, learning,
3-14 and training that is transmitted from one site to one or more sites
3-15 by telecommunications services that are used by an educational
3-16 institution predominantly for such instruction, learning, or
3-17 training, including video, data, voice, and electronic information.
3-18 (2) "Educational institution" means and includes
3-19 accredited primary or secondary schools owned or operated by state
3-20 and local governmental entities or private entities; institutions
3-21 of higher education as defined by Section 61.003, Education Code;
3-22 private institutions of higher education accredited by a recognized
3-23 accrediting agency as defined by Section 61.003(13), Education
3-24 Code; the Central Education Agency, its successors and assigns;
3-25 regional education service centers established and operated
3-26 pursuant to Sections 11.32 and 11.33, Education Code; and the Texas
3-27 Higher Education Coordinating Board, its successors and assigns.
4-1 SECTION 2. As soon as possible after the effective date of
4-2 this Act, the Public Utility Commission of Texas shall adopt rules
4-3 as prescribed by Section 96B, Public Utility Regulatory Act
4-4 (Article 1446c, Vernon's Texas Civil Statutes), as added by this
4-5 Act.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.