By: Rosson S.B. No. 1123
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the definition of public utility.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 3, Public Utility Regulatory Act (Article
1-4 1446c, Vernon's Texas Civil Statutes), is amended by amending
1-5 subsection (c)(2)(B) to read as follows:
1-6 (c) The term "public utility" or "utility," when used in
1-7 this Act, includes any person, corporation, river authority,
1-8 cooperative corporation, or any combination thereof, other than a
1-9 municipal corporation or a water supply or sewer service
1-10 corporation, their lessees, trustees, and receivers, now and
1-11 hereafter owning or operating for compensation in this state
1-12 equipment or facilities for:
1-13 (1) producing, generating, transmitting, distributing,
1-14 selling, or furnishing electricity ("electric utilities"
1-15 hereinafter) provided, however, that this definition shall not be
1-16 construed to apply to or include a qualifying small power producer
1-17 or qualifying cogenerator, as defined in Sections 3(17)(D) and
1-18 3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
1-19 796(17)(D) and 796(18)(C));
1-20 (2)(A) the conveyance, transmission, or reception of
1-21 communications over a telephone system as a dominant carrier as
1-22 hereinafter defined ("telecommunications utility" hereinafter);
1-23 provided that no person or corporation not otherwise a public
2-1 utility within the meaning of this Act shall be deemed such solely
2-2 because of the furnishing or furnishing and maintenance of a
2-3 private system or the manufacture, distribution, installation, or
2-4 maintenance of customer premise communication equipment and
2-5 accessories; and provided further that nothing in this Act shall be
2-6 construed to apply to telegraph services, television stations,
2-7 radio stations, community antenna television services, or
2-8 radio-telephone services that may be authorized under the Public
2-9 Mobile Radio Services rules of the Federal Communications
2-10 Commission, other than such radio-telephone services provided by
2-11 wire-line telephone companies under the Domestic Public Land Mobile
2-12 Radio Service and Rural Radio Service rules of the Federal
2-13 Communications Commission; and provided further that interexchange
2-14 telecommunications carriers (including resellers of interexchange
2-15 telecommunications services), specialized communications common
2-16 carriers, other resellers of communications, other communications
2-17 carriers who convey, transmit, or receive communications in whole
2-18 or in part over a telephone system, and providers of operator
2-19 services as defined in Section 18A(a) of this Act (except that
2-20 subscribers to customer-owned pay telephone service shall not be
2-21 deemed to be telecommunications utilities) who are not dominant
2-22 carriers are also telecommunications utilities, but the
2-23 commission's regulatory authority as to them is only as hereinafter
2-24 defined;
2-25 (B) "dominant carrier" when used in this Act
3-1 means (i) a provider of any particular communication service which
3-2 is provided in whole or in part over a telephone system who as to
3-3 such service has sufficient market power in a telecommunications
3-4 market as determined by the commission to enable such provider to
3-5 control prices in a manner adverse to the public interest for such
3-6 service in such market; and (ii) any provider of local exchange
3-7 telephone service <within a certificated exchange area as to such
3-8 service>. A telecommunications market shall be statewide until
3-9 January 1, 1985. After this date the commission may, if it
3-10 determines that the public interest will be served, establish
3-11 separate markets within the state. Prior to January 1, 1985, the
3-12 commission shall hold hearings and require such evidence as is
3-13 necessary to carry out the public purpose of this Act and to
3-14 determine the need and effect of establishing separate markets.
3-15 Any such provider determined to be a dominant carrier as to a
3-16 particular telecommunications service in a market shall not be
3-17 presumed to be a dominant carrier of a different telecommunications
3-18 service in that market.
3-19 SECTION 2. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.