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.