By: Uher H.B. No. 1695
73R6365 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the service area of certain public utilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article XIII, Public Utility Regulatory Act
1-5 (Article 1446c, Vernon's Texas Civil Statutes), is amended by
1-6 adding Section 93A to read as follows:
1-7 Sec. 93A. (a) The commission shall require each local
1-8 exchange company to establish local service areas that conform to
1-9 this section.
1-10 (b) Each telephone subscriber is entitled to place toll-free
1-11 calls to any other subscriber if any part of the respective
1-12 subscribers' central office territories are adjoining or if either
1-13 territory's central office is located within 22 miles of the other
1-14 central office's territory.
1-15 (c) Each telephone subscriber is entitled to place toll-free
1-16 calls to any other subscriber within any area that the commission
1-17 determines to be within one community of interest.
1-18 (d) For the purposes of this section, a community of
1-19 interest:
1-20 (1) includes areas that have a relationship because of
1-21 schools, hospitals, local governments, business centers, and other
1-22 relationships the unavailability of which would cause a hardship to
1-23 the residents of the area; and
1-24 (2) need not include an area where the affected
2-1 central offices are more than 50 miles apart.
2-2 (e) Each local exchange company shall submit its plan to
2-3 establish toll-free calling areas under this section not later than
2-4 the 90th day after the date the commission adopts rules
2-5 implementing this section. Any affected person may complain about
2-6 the plan as provided by Section 43A of this Act.
2-7 (f) The commission shall amend the boundaries of a toll-free
2-8 service area on petition by 100 or more residents of the area if
2-9 the commission finds, after a hearing on the merits, that a
2-10 community of interest exists. The commission shall require notice
2-11 by the local exchange company to affected parties as the commission
2-12 considers reasonable. The commission shall make a decision
2-13 relating to changing a toll-free calling area under this section
2-14 not later than the 60th day after the date the notice required by
2-15 the commission is delivered. The commission shall establish a
2-16 reasonable time for the implementation of the plan.
2-17 (g) The commission and a local exchange company are not
2-18 required to comply with this section with regard to a specific
2-19 proposed area if the commission determines that there has been a
2-20 good and sufficient showing of a geographic or technological
2-21 infeasibility to serve the area.
2-22 (h) To compensate a local exchange company for any lost
2-23 revenues caused by compliance with this section, the commission may
2-24 allow the local exchange company to establish a fixed monthly per
2-25 line fee to be paid by subscribers that obtain a new toll-free
2-26 calling area under this section. This fee may not exceed $2 a line
2-27 and may be collected only until the local exchange company's next
3-1 general rate case, at which time the costs and revenues associated
3-2 with providing the service shall be considered as if the boundaries
3-3 of the territories had not changed. A fee established under this
3-4 section must be approved by the commission after adequate notice
3-5 and hearing on the merits and may not exceed an amount determined
3-6 by the commission to compensate the local exchange company for the
3-7 actual loss of revenue due to the implementation of this section.
3-8 If the fee established fails to compensate the local exchange
3-9 company and the local exchange company is able to demonstrate a
3-10 hardship, as defined by the commission, the local exchange company
3-11 is entitled to recover sufficient lost revenues to eliminate the
3-12 hardship from the universal service fund established by this Act.
3-13 SECTION 2. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.