BILL ANALYSIS C.S.H.B. 1714 By: Woolley April 21, 1995 Committee Report (Substituted) BACKGROUND The Public Utility Commission has required a dominant telephone carrier to file a tariff containing a reduced rate for telecommunication service directly related to distance learning activity conducted by an educational institution. The reduced rate for telecommunications service has served to increase distance learning and make such educational activity accessible to a much broader population of the state than prior to 1993 when this provision was added. Recognizing that library services are vital in all aspects of continuing education and adult education, the Commission staff initially sought to apply the reduced rate to library services related to distance learning, but was unable to do so because of the specific language. The Commission staff advised the library community that an amendment to this provision was necessary to include library services within the reduced rate tariff. PURPOSE The purpose is to add a library services to the reduced rate for telecommunication services. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the Public Utility Commission in Sections 1(a) and 3. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 3.355(a), (b), (d), (f), Public Utility Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular Session, by adding library service so that they can receive a reduced telecommunications rate for distance learning activities. SECTION 2. Amends Sections 3.355(h), Public Utility Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular Session, by adding the following definitions: (3) "Library" means: (A) a public library or regional library system as those terms are defined by Section 441.122; (B) a library operated by an educational institution; and (C) the Texas State Library and Archives Commission. (4) "Library services" means information, including video, data, voice, and electronic information, that is transmitted by telecommunications services that are used by a library predominantly for that transmission. SECTION 3. Provides that the Public Utility Commission shall adopt rules to implement this Act. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill added "public library" so that they could receive a reduced telecommunications rate for distance learning activities. The substitute changes "public library" to "library service". The original bill added the definition of "public library". The substitute removes the definition of "public library" and adds the definitions of "library" and "library services". The substitute makes conforming change. SUMMARY OF COMMITTEE ACTION H.B. 1714 was considered by the committee in a public hearing on April 10, 1995. Testifying in favor of the bill was Maribelle Davis, representing herself, City of Plano and the Texas Municipal League; Elizabeth Crabb, representing the Texas Library Association; and Sam Stone, representing himself and the Texas Library Association. No one testified against the bill. The committee considered a complete substitute for H.B. 1714. The bill was referred to a subcommittee consisting of Representatives Shields (Chair), Moffat, Solomons. After being recalled from subcommittee, H.B. 1714 was considered by the committee in a public hearing on April 18, 1995. The substitute to H.B. 1714 was adopted without objection. H.B. 1714 was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.