74R9640 CBH-F By Woolley, et al. H.B. No. 1714 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to eligibility of libraries for reduced rates for 1-3 telecommunications services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sections 3.355(a), (b), (d), and (f), Public 1-6 Utility Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 1-7 74th Legislature, Regular Session, 1995, are amended to read as 1-8 follows: 1-9 (a) The commission by rule shall require a dominant carrier 1-10 to file a tariff containing a reduced rate for a telecommunications 1-11 service the commission finds is directly related to a distance 1-12 learning activity that is or could be conducted by an educational 1-13 institution or to a library service that is or could be conducted 1-14 by a library in this state. 1-15 (b) The commission rules shall specify: 1-16 (1) the telecommunications services that qualify under 1-17 this section; 1-18 (2) the process by which an educational institution or 1-19 library qualifies for a reduced rate; 1-20 (3) the date by which a dominant carrier shall file a 1-21 tariff; 1-22 (4) guidelines and criteria by which the services and 1-23 reduced rates shall further the goals stated in Subsection (d) of 1-24 this section; and 2-1 (5) any other requirements, terms, and conditions that 2-2 the commission determines to be in the public interest. 2-3 (d) The services and reduced rates shall be designed to: 2-4 (1) encourage the development and offering of distance 2-5 learning activities or library services, or both, by educational 2-6 institutions or libraries; 2-7 (2) meet the distance learning needs identified by the 2-8 educational community and the library service needs identified by 2-9 the library community; and 2-10 (3) recover the long-run incremental costs of 2-11 providing the services, to the extent those costs can be 2-12 identified, so as to avoid subsidizing educational institutions or 2-13 libraries. 2-14 (f) An educational institution, library, or dominant carrier 2-15 may at any time request the commission to: 2-16 (1) provide for a reduced rate for a service directly 2-17 related to a distance learning activity or library service that is 2-18 not covered by commission rules; 2-19 (2) change a rate; 2-20 (3) amend a tariff; or 2-21 (4) amend a commission rule. 2-22 SECTION 2. Section 3.355(h), Public Utility Regulatory Act 2-23 of 1995, as enacted by S.B. 319, Acts of the 74th Legislature, 2-24 Regular Session, 1995, is amended by adding Subdivisions (3) and 2-25 (4) to read as follows: 2-26 (3) "Library" means: 2-27 (A) a public library or regional library system 3-1 as those terms are defined by Section 441.122, Government Code; 3-2 (B) a library operated by an educational 3-3 institution; and 3-4 (C) the Texas State Library and Archives 3-5 Commission. 3-6 (4) "Library services" means information, including 3-7 video, data, voice, and electronic information, that is transmitted 3-8 by telecommunications services that are used by a library 3-9 predominantly for that transmission. 3-10 SECTION 3. As soon as possible after the effective date of 3-11 this Act, the Public Utility Commission of Texas shall adopt rules 3-12 to implement this Act. 3-13 SECTION 4. 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.