74R9640 CBH-F
By Woolley, et al. H.B. No. 1714
Substitute the following for H.B. No. 1714:
By Shields C.S.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.