1-1 By: A. Smith of Harris (Senate Sponsor - Lucio) H.B. No. 653
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Economic
1-4 Development; May 13, 1993, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; May 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Parker x
1-9 Lucio x
1-10 Ellis x
1-11 Haley x
1-12 Harris of Dallas x
1-13 Harris of Tarrant x
1-14 Leedom x
1-15 Madla x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the establishment of an education tariff for certain
1-22 telecommunications services.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Article XIV, Public Utility Regulatory Act
1-25 (Article 1446c, Vernon's Texas Civil Statutes), is amended by
1-26 adding Section 96B to read as follows:
1-27 Sec. 96B. (a) The commission by rule shall require a
1-28 dominant carrier to file a tariff containing a reduced rate for a
1-29 telecommunications service the commission finds is directly related
1-30 to a distance learning activity that is or could be conducted by an
1-31 educational institution in this state.
1-32 (b) The commission rules shall specify:
1-33 (1) the telecommunications services that qualify under
1-34 this section;
1-35 (2) the process by which an educational institution
1-36 qualifies for a reduced rate;
1-37 (3) the date by which a dominant carrier shall file a
1-38 tariff;
1-39 (4) guidelines and criteria by which the services and
1-40 reduced rates shall further the goals stated in Subsection (d) of
1-41 this section; and
1-42 (5) any other requirements, terms, and conditions that
1-43 the commission determines to be in the public interest.
1-44 (c) A tariff filing by a dominant carrier under this
1-45 section:
1-46 (1) shall concern only the implementation of this
1-47 section;
1-48 (2) is not a rate change under Section 43 of this Act;
1-49 and
1-50 (3) does not affect any of the carrier's other rates
1-51 or services.
1-52 (d) The services and reduced rates shall be designed to:
1-53 (1) encourage the development and offering of distance
1-54 learning activities by educational institutions;
1-55 (2) meet the distance learning needs identified by the
1-56 educational community; and
1-57 (3) recover the long-run incremental costs of
1-58 providing the services, to the extent those costs can be
1-59 identified, so as to avoid subsidizing educational institutions.
1-60 (e) The commission is not required to determine the long-run
1-61 incremental cost of providing a service before approving a reduced
1-62 rate for the service. Until cost determination rules are developed
1-63 and the rates established under this section are changed as
1-64 necessary to ensure proper cost recovery, the reduced rates
1-65 established by the commission shall be equal to 75 percent of the
1-66 otherwise applicable rate. After the commission develops cost
1-67 determination rules for telecommunications services generally, it
1-68 shall ensure that a reduced rate approved under this section
2-1 recovers service-specific long-run incremental costs and avoids
2-2 subsidization.
2-3 (f) An educational institution or dominant carrier may at
2-4 any time request the commission to:
2-5 (1) provide for a reduced rate for a service directly
2-6 related to a distance learning activity that is not covered by
2-7 commission rules;
2-8 (2) change a rate;
2-9 (3) amend a tariff; or
2-10 (4) amend a commission rule.
2-11 (g) If the commission determines that a change requested
2-12 under Subsection (f) is appropriate, it shall make the requested
2-13 change.
2-14 (h) In this section:
2-15 (1) "Distance learning" means instruction, learning,
2-16 and training that is transmitted from one site to one or more sites
2-17 by telecommunications services that are used by an educational
2-18 institution predominantly for such instruction, learning, or
2-19 training, including video, data, voice, and electronic information.
2-20 (2) "Educational institution" means and includes
2-21 accredited primary or secondary schools owned or operated by state
2-22 and local governmental entities or private entities; institutions
2-23 of higher education as defined by Section 61.003, Education Code;
2-24 private institutions of higher education accredited by a recognized
2-25 accrediting agency as defined by Section 61.003(13), Education
2-26 Code; the Central Education Agency, its successors and assigns;
2-27 regional education service centers established and operated
2-28 pursuant to Sections 11.32 and 11.33, Education Code; and the Texas
2-29 Higher Education Coordinating Board, its successors and assigns.
2-30 SECTION 2. As soon as possible after the effective date of
2-31 this Act, the Public Utility Commission of Texas shall adopt rules
2-32 as prescribed by Section 96B, Public Utility Regulatory Act
2-33 (Article 1446c, Vernon's Texas Civil Statutes), as added by this
2-34 Act.
2-35 SECTION 3. The importance of this legislation and the
2-36 crowded condition of the calendars in both houses create an
2-37 emergency and an imperative public necessity that the
2-38 constitutional rule requiring bills to be read on three several
2-39 days in each house be suspended, and this rule is hereby suspended,
2-40 and that this Act take effect and be in force from and after its
2-41 passage, and it is so enacted.
2-42 * * * * *
2-43 Austin,
2-44 Texas
2-45 May 13, 1993
2-46 Hon. Bob Bullock
2-47 President of the Senate
2-48 Sir:
2-49 We, your Committee on Economic Development to which was referred
2-50 H.B. No. 653, have had the same under consideration, and I am
2-51 instructed to report it back to the Senate with the recommendation
2-52 that it do pass and be printed.
2-53 Parker,
2-54 Chairman
2-55 * * * * *
2-56 WITNESSES
2-57 FOR AGAINST ON
2-58 ___________________________________________________________________
2-59 Name: Vicki Oswalt x
2-60 Representing: Public Utility Commission
2-61 City: Austin
2-62 -------------------------------------------------------------------
2-63 Name: Geoff Fletcher x
2-64 Representing: Texas Education Agency
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: W. Scott McCollough x
2-68 Representing:
2-69 City: Austin
2-70 -------------------------------------------------------------------
3-1 Name: Richard L. Simms x
3-2 Representing: Consortium of St.Orgs./Educ
3-3 City: Denton
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