By Seidlits, Moffat                                   H.B. No. 2128
       74R7734 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of utilities and to the continuation of
    1-3  the Public Utility Commission of Texas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The Public Utility Regulatory Act (Article 1446c,
    1-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-7             ARTICLE 1.  SHORT TITLE, LEGISLATIVE POLICY,
    1-8                            AND DEFINITIONS
    1-9        Sec. 1.  This Act may be referred to as the "Public Utility
   1-10  Regulatory Act."
   1-11        Sec. 2.  This Act is enacted to protect the public interest
   1-12  inherent in the rates and services of public utilities.  The
   1-13  legislature finds that traditionally public utilities are by
   1-14  definition monopolies in the areas they serve; that therefore the
   1-15  normal forces of competition which operate to regulate prices in a
   1-16  free enterprise society do not operate; and that therefore utility
   1-17  rates, operations and services are regulated by public agencies,
   1-18  with the objective that such regulation shall operate as a
   1-19  substitute for such competition.  The purpose of this Act is to
   1-20  establish a comprehensive regulatory system which is adequate to
   1-21  the task of regulating public utilities as defined by this Act, to
   1-22  assure rates, operations, and services which are just and
   1-23  reasonable to the consumers and to the utilities.  The legislature
   1-24  finds that significant changes have occurred in telecommunications
    2-1  since the Act was initially adopted.  The legislature hereby finds
    2-2  that it is the policy of the state to promote diversity of
    2-3  providers and interconnectivity and to encourage a fully
    2-4  competitive telecommunications marketplace while protecting and
    2-5  maintaining the wide availability of high-quality
    2-6  telecommunications services at affordable rates.  Such goals are
    2-7  best achieved by legislation that brings telecommunications
    2-8  regulation into the modern era by guaranteeing the affordability of
    2-9  basic telephone service, in a competitively neutral manner, while
   2-10  fostering free market competition within the telecommunication
   2-11  industry.  The legislature further finds that the technological
   2-12  advancements and increased customer choices for telecommunications
   2-13  services generated by a truly competitive market will enhance
   2-14  Texas' economic development and play a critical role in Texas'
   2-15  economic future.  It is the policy of the state to require the
   2-16  commission to do those things necessary to enhance the development
   2-17  of competition by adjusting regulation to match the degree of
   2-18  competition in the market place, thereby reducing the cost and
   2-19  burden of regulation and maintaining protection of markets that are
   2-20  not competitive.  However, the legislature recognizes that the
   2-21  strength of competitive forces vary widely between markets and
   2-22  products and services.  Therefore, to foster, encourage, and
   2-23  accelerate the continuing emergence of a competitive
   2-24  telecommunications environment, the legislature declares that new
   2-25  rules, policies and principles be formulated and applied to protect
   2-26  the public interest.
   2-27        Sec. 3.  (a)  The term "person," when used in this Act,
    3-1  includes natural persons, partnerships of two or more persons
    3-2  having a joint or common interest, mutual or cooperative
    3-3  associations, <water supply or sewer service corporations,> and
    3-4  corporations, as herein defined.
    3-5        (b)  The term "municipality," when used in this Act, includes
    3-6  cities and incorporated villages or towns existing, created, or
    3-7  organized under the general, home-rule, or special laws of the
    3-8  state.
    3-9        (c)  The term "public utility" or "utility," when used in
   3-10  this Act, includes any person, corporation, river authority,
   3-11  cooperative corporation, or any combination thereof, other than a
   3-12  municipal corporation <or a water supply or sewer service
   3-13  corporation>, or their lessees, trustees, and receivers, now or
   3-14  hereafter owning or operating for compensation in this state
   3-15  equipment or facilities for:
   3-16              (1)  producing, generating, transmitting, distributing,
   3-17  selling, or furnishing electricity ("electric utilities"
   3-18  hereinafter) provided, however, that this definition shall not be
   3-19  construed to apply to or include a qualifying small power producer
   3-20  or qualifying cogenerator, as defined in Sections 3(17)(D) and
   3-21  3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
   3-22  796(17)(D) and 796(18)(C));
   3-23              (2)(A)  the conveyance, transmission, or reception of
   3-24  communications over a telephone system as a dominant carrier as
   3-25  hereinafter defined ("telecommunications utilities" hereinafter);
   3-26  provided that no person or corporation not otherwise a public
   3-27  utility within the meaning of this Act shall be deemed such solely
    4-1  because of the furnishing or furnishing and maintenance of a
    4-2  private system or the manufacture, distribution, installation, or
    4-3  maintenance of customer premise communications equipment and
    4-4  accessories; and further that except as provided in Sections 96B,
    4-5  98 and 98B, nothing in this Act shall be construed to apply to
    4-6  companies whose only form of business is telecommunications
    4-7  managers and companies that administer central office-based
    4-8  PBX-type sharing/resale arrangements as their only form of
    4-9  business, telegraph services, television stations, radio stations,
   4-10  community antenna television services, or radio-telephone services
   4-11  that may be authorized under the Public Mobile Radio Services rules
   4-12  of the Federal Communications Commission, or Commercial Radio
   4-13  Mobile Service ("CRMS") providers, pursuant to sections 3(n) and
   4-14  322 of the Federal Communications Commission rules, the
   4-15  Communications Act and the Omnibus Budget Reconciliation Act of
   4-16  1993, other than such radio-telephone services provided by
   4-17  wire-line telephone companies under the Domestic Public Land Mobile
   4-18  Radio Service and Rural Radio Service rules of the Federal
   4-19  Communications Commission; and provided further that interexchange
   4-20  telecommunications carriers (including resellers of interexchange
   4-21  telecommunications services), specialized communications common
   4-22  carriers, other resellers of communications, other communications
   4-23  carriers who convey, transmit, or receive communications in whole
   4-24  or in part over a telephone system, <and> providers of operator
   4-25  services as defined in Section 18(A)(a) of this Act, and separated
   4-26  affiliate and electronic publishing joint ventures as defined in
   4-27  Article VIII of this Act (except that subscribers to customer-owned
    5-1  pay telephone service shall not be deemed to be telecommunications
    5-2  utilities) are also telecommunications utilities, but the
    5-3  commission's regulatory authority as to them is only as hereinafter
    5-4  defined;
    5-5                    (B)  "dominant carrier" when used in this Act
    5-6  means (i) a provider of any particular communication service which
    5-7  is provided in whole or in part over a telephone system who as to
    5-8  such service has sufficient market power in a telecommunications
    5-9  market as determined by the commission to enable such provider to
   5-10  control prices in a manner adverse to the public interest for such
   5-11  service in such market; and (ii) any provider who, on September 1,
   5-12  1995, provided <of> local exchange telephone service within a
   5-13  certificated area as to such service, and any provider of local
   5-14  exchange telephone service who, on September 1, 1995, provided any
   5-15  other service for which no competitive alternative was available in
   5-16  a particular geographic market as to such other service; and (iii)
   5-17  any provider of local exchange telephone service within a
   5-18  certificated exchange area as to intraLATA long distance message
   5-19  telecommunications service originated by dialing the access code
   5-20  "1+" so long as the use of such code for the origination of "1+"
   5-21  intraLATA calls within its certificated exchange area is exclusive
   5-22  to such provider.  A telecommunications market shall be statewide
   5-23  until January 1, 1985.  After this date the commission may, if it
   5-24  determines that the public interest will be served, establish
   5-25  separate markets within the state.  The <Prior to January 1, 1985,
   5-26  the> commission shall hold such hearings and require such evidence
   5-27  as is necessary to carry out the public purpose of this Act and to
    6-1  determine the need and effect of establishing separate markets.
    6-2  Any such provider determined to be a dominant carrier as to a
    6-3  particular telecommunications service in a market shall not be
    6-4  presumed to be a dominant carrier of a different telecommunications
    6-5  service in that market.  The term does not include an interexchange
    6-6  carrier that is not a certificated local exchange carrier, with
    6-7  respect to interexchange services.
    6-8              (3)  The term "public utility" or "utility" shall not
    6-9  include any person or corporation not otherwise a public utility
   6-10  that furnishes the services or commodity described in any paragraph
   6-11  of this subsection only to itself, its employees, or tenants as an
   6-12  incident of such employee service or tenancy, when such service or
   6-13  commodity is not resold to or used by others.  The term "electric
   6-14  utility" shall not include any person or corporation not otherwise
   6-15  a public utility that owns or operates in this state equipment or
   6-16  facilities for producing, generating, transmitting, distributing,
   6-17  selling, or furnishing electric energy to an electric utility, if
   6-18  the equipment or facilities are used primarily for the production
   6-19  and generation of electric energy for consumption by the person or
   6-20  corporation.  The term "public utility," "utility," or "electric
   6-21  utility" shall not include any person or corporation not otherwise
   6-22  a public utility that owns or operates in this state a recreational
   6-23  vehicle park that provides metered electric service in accordance
   6-24  with Article 1446d-2, Revised Statutes.  A recreational vehicle
   6-25  park owner is considered a public utility if the owner fails to
   6-26  comply with Article 1446d-2, Revised Statutes, with regard to the
   6-27  metered sale of electricity at the recreational vehicle park.
    7-1        (d)  The term "rate," when used in this Act, means and
    7-2  includes every compensation, tariff, charge, fare, toll, rental,
    7-3  and classification, or any of them demanded, observed, charged, or
    7-4  collected whether directly or indirectly by any public utility for
    7-5  any service, product, or commodity described in Subdivision (c) of
    7-6  this section, and any rules, regulations, practices, or contracts
    7-7  affecting any such compensation, tariff, charge, fare, toll,
    7-8  rental, or classification.
    7-9        (e)  The word "commission," when used in this Act, means the
   7-10  Public Utility Commission of Texas, as hereinafter constituted.
   7-11        (f)  Repealed.
   7-12        (g)  The term "regulatory authority," when used in this Act,
   7-13  means, in accordance with the context where it is found, either the
   7-14  commission or the governing body of any municipality.
   7-15        (h)  "Affected person" means any public utility affected by
   7-16  an action of the regulatory authority, any person or corporation
   7-17  whose utility service or rates are affected by any proceeding
   7-18  before the regulatory authority, or any person or corporation that
   7-19  is a competitor of a public utility with respect to any service
   7-20  performed by the utility or that desires to enter into competition.
   7-21        (i)  "Affiliated interest" or "affiliate" means:
   7-22              (1)  any person or corporation owning or holding,
   7-23  directly or indirectly, five percent or more of the voting
   7-24  securities of a public utility;
   7-25              (2)  any person or corporation in any chain of
   7-26  successive ownership of five percent or more of the voting
   7-27  securities of a public utility;
    8-1              (3)  any corporation five percent or more of the voting
    8-2  securities of which is owned or controlled, directly or indirectly,
    8-3  by a public utility;
    8-4              (4)  any corporation five percent or more of the voting
    8-5  securities of which is owned or controlled, directly or indirectly,
    8-6  by any person or corporation that owns or controls, directly or
    8-7  indirectly, five percent or more of the voting securities of any
    8-8  public utility or by any person or corporation in any chain of
    8-9  successive ownership of five percent of such securities;
   8-10              (5)  any person who is an officer or director of a
   8-11  public utility or of any corporation in any chain of successive
   8-12  ownership of five percent or more of voting securities of a public
   8-13  utility;
   8-14              (6)  any person or corporation that the commission,
   8-15  after notice and hearing, determines actually exercises any
   8-16  substantial influence or control over the policies and actions of a
   8-17  public utility, or over which a public utility exercises such
   8-18  control, or that is under common control with a public utility,
   8-19  such control being the possession, directly or indirectly, of the
   8-20  power to direct or cause the direction of the management and
   8-21  policies of another, whether such power is established through
   8-22  ownership or voting of securities or by any other direct or
   8-23  indirect means; or
   8-24              (7)  any person or corporation that the commission,
   8-25  after notice and hearing determines is actually exercising such
   8-26  substantial influence over the policies and action of the public
   8-27  utility in conjunction with one or more persons or corporations
    9-1  with which they are related by ownership or blood relationship, or
    9-2  by action in concert, that together they are affiliated with such
    9-3  public utility within the meaning of this section, even though no
    9-4  one of them alone is so affiliated.
    9-5        (j)  "Allocations" means, for all utilities, the division of
    9-6  plant, revenues, expenses, taxes, and reserves between
    9-7  municipalities or between municipalities and unincorporated areas,
    9-8  where such items are used for providing public utility service in a
    9-9  municipality, or for a municipality and unincorporated areas.
   9-10        (k)  "Commissioner" means a member of the Public Utility
   9-11  Commission of Texas.
   9-12        (l)  "Cooperative corporation" means any telephone or
   9-13  electric cooperative corporation organized and operating under the
   9-14  Telephone Cooperative Act (Article 1528c, Vernon's Texas Civil
   9-15  Statutes) or the Electric Cooperative Corporation Act (Article
   9-16  1528b, Vernon's Texas Civil Statutes).
   9-17        (m)  "Corporation" means any corporation, joint-stock
   9-18  company, or association, domestic or foreign, and its lessees,
   9-19  assignees, trustees, receivers, or other successors in interest,
   9-20  having any of the powers or privileges of corporations not
   9-21  possessed by individuals or partnerships, but shall not include
   9-22  municipal corporations unless expressly provided otherwise in this
   9-23  Act.
   9-24        (n)  "Facilities" means all the plant and equipment of a
   9-25  public utility, including all tangible and intangible real and
   9-26  personal property without limitation, and any and all means and
   9-27  instrumentalities in any manner owned, operated, leased, licensed,
   10-1  used, controlled, furnished, or supplied for, by, or in connection
   10-2  with the business of any public utility.
   10-3        (o)  "Municipally-owned utility" means any utility owned,
   10-4  operated, and controlled by a municipality or by a nonprofit
   10-5  corporation whose directors are appointed by one or more
   10-6  municipalities.
   10-7        (p)  "Order" means the whole or a part of the final
   10-8  disposition, whether affirmative, negative, injunctive, or
   10-9  declaratory in form, of the regulatory authority in a matter other
  10-10  than rulemaking, but including issuance of certificates of
  10-11  convenience and necessity and ratesetting.
  10-12        (q)  "Proceeding" means any hearing, investigation, inquiry,
  10-13  or other fact-finding or decision-making procedure under this Act
  10-14  and includes the denial of relief or the dismissal of a complaint.
  10-15        (r)  "Separation" means for communications utilities only,
  10-16  the division of plant, revenues, expenses, taxes, and reserves,
  10-17  applicable to exchange or local service where such items are used
  10-18  in common for providing public utility service to both local
  10-19  exchange service and other service, such as interstate or
  10-20  intrastate toll service.
  10-21        (s)  "Service" is used in this Act in its broadest and most
  10-22  inclusive sense, and includes any and all acts done, rendered, or
  10-23  performed and any and all things furnished or supplied, and any and
  10-24  all facilities used, furnished, or supplied by public utilities in
  10-25  the performance of their duties under this Act to their patrons,
  10-26  employees, other public utilities, and the public, as well as the
  10-27  interexchange of facilities between two or more of them.  Service
   11-1  shall not include the printing, distribution, or sale of
   11-2  advertising in telephone directories.
   11-3        (t)  "Test year" means the most recent 12 months for which
   11-4  operating data for a public utility are available and shall
   11-5  commence with a calendar quarter or a fiscal year quarter.
   11-6        (u)  "Water supply or sewer service corporation" means a
   11-7  nonprofit, member-owned corporation organized and operating under
   11-8  Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933,
   11-9  as amended (Article 1434a, Vernon's Texas Civil Statutes).
  11-10        (v)  "Local exchange company" means a telecommunications
  11-11  utility <certificated> that has been granted either a certificate
  11-12  of convenience and necessity or a certificate of operating
  11-13  authority to provide local exchange service, basic local
  11-14  telecommunications service or switched access service within the
  11-15  state.
  11-16        (w)  "Basic local telecommunications service" means:
  11-17              (1)  Residential and Business Local Exchange Service,
  11-18  including Primary Directory Listings;
  11-19              (2)  Tone Dialing Service;
  11-20              (3)  Access to Operator Services:
  11-21              (4)  Access to Directory Assistance services;
  11-22              (5)  Access to 911 Service where provided by local
  11-23  authorities and Dual Party Relay Service;
  11-24              (6)  The ability to report service problems seven days
  11-25  a week;
  11-26              (7)  Lifeline and Tel-Assistance Services; and
  11-27              (8)  Such other services as the commission shall
   12-1  determine should be included in basic local telecommunications
   12-2  service.
   12-3        (x)  "Long run incremental cost" or "LRIC" shall be as
   12-4  defined by the commission in Section 23.91, Texas Administrative
   12-5  Code.
   12-6        (y)  "Least cost technology" means the technology, or mix of
   12-7  technologies, that would be chosen in the long run as the most
   12-8  economically efficient choice.  The choice of least cost
   12-9  technologies, however, shall:  (a) be restricted to technologies
  12-10  that are currently available on the market and for which vendor
  12-11  prices can be obtained; (b) be consistent with the level of output
  12-12  necessary to satisfy current demand levels for all services using
  12-13  the basic network function in question; and (c) be consistent with
  12-14  overall network design and topology requirements.
  12-15        (z)  "Pricing flexibility" includes, but is not limited to,
  12-16  customer specific contracts, volume, term and discount pricing,
  12-17  zone density pricing, packaging of services and other promotional
  12-18  pricing flexibility.  Discounts and other forms of pricing
  12-19  flexibility shall be cost based and may not be preferential,
  12-20  prejudicial, or discriminatory.
  12-21        (aa)  "Telecommunications provider" means certificated
  12-22  telecommunication utilities, shared tenant service providers,
  12-23  non-dominant carriers of telecommunications services, providers of
  12-24  radio-telephone services authorized under the Commercial Radio
  12-25  Mobile Service pursuant to Section 3(n) and 322 of Federal
  12-26  Communications Commission rules, the Communications Act and the
  12-27  Omnibus Budget Reconciliation Act of 1993, telecommunications
   13-1  entities that provide central office-based PBX-type sharing or
   13-2  resale arrangements where such arrangements are permitted by the
   13-3  commission, interexchange telecommunications carriers, specialized
   13-4  common carriers, resellers of communications, providers of operator
   13-5  services, providers of customer owned pay telephone service and
   13-6  other persons or entities as the commission may from time to time
   13-7  find provide telecommunications services to customers in Texas.
   13-8  Telecommunications providers shall not include providers of
   13-9  enhanced information services or other users of telecommunications
  13-10  services who do not also provide telecommunications services.
  13-11        (bb)  "Local exchange telephone service" as used in this Act
  13-12  means telecommunications service provided within an exchange for
  13-13  the purpose of establishing connections between customer premises
  13-14  within the exchange, including connections between a customer
  13-15  premises and a long distance provider serving the exchange.  The
  13-16  term includes tone dialing, service connection charges and
  13-17  directory assistance services when offered in connection with basic
  13-18  local telecommunications service and interconnection with other
  13-19  service providers.  The term "local exchange telephone service"
  13-20  shall not include the following services, whether offered on an
  13-21  intraexchange or interexchange basis:
  13-22              (1)  Central office based PBX services for systems of
  13-23  75 stations or more;
  13-24              (2)  Billing and collection services;
  13-25              (3)  High speed private line services of 1.544 megabits
  13-26  or greater;
  13-27              (4)  Customized services;
   14-1              (5)  Private line and virtual private line services;
   14-2              (6)  Resold or shared local exchange services where
   14-3  permitted by tariff;
   14-4              (7)  Dark fiber services;
   14-5              (8)  Non-voice data transmission service;
   14-6              (9)  Dedicated or virtually dedicated access services;
   14-7  and
   14-8              (10)  Any other service declared by the commission not
   14-9  to be "local exchange telephone service."
  14-10        (cc)  "Tier 1 local exchange company" shall have the same
  14-11  meaning as a Tier 1 local exchange company as defined by the
  14-12  Federal Communications Commission.
  14-13        Sec. 4.  The Administrative Procedure and Texas Register Act
  14-14  applies to all proceedings under this Act except to the extent
  14-15  inconsistent with this Act.  Communications of members and
  14-16  employees of the commission with a party, a party's representative,
  14-17  or other persons are governed by Section 17 of that Act.
  14-18          ARTICLE II.  ORGANIZATION OF COMMISSION; OFFICE OF
  14-19                        PUBLIC UTILITY COUNSEL
  14-20        Sec. 5.  A commission, to be known as the "Public Utility
  14-21  Commission of Texas" is hereby created.  It shall consist of three
  14-22  commissioners, who shall be appointed to staggered, six-year terms
  14-23  by the governor, with the advice and consent of two-thirds of the
  14-24  members of the senate present, and who shall have and exercise the
  14-25  jurisdiction and powers herein conferred upon the commission.  Each
  14-26  commissioner shall hold office until his successor is appointed and
  14-27  qualified.  At its first meeting following the biennial appointment
   15-1  and qualification of a commissioner, the commission shall elect one
   15-2  of the commissioners chairman.  Appointments to the commission
   15-3  shall be made without regard to the race, creed, sex, religion, or
   15-4  national origin of the appointees.
   15-5        Sec. 5a.  The Public Utility Commission of Texas and the
   15-6  Office of Public Utility Counsel are subject to Chapter 325,
   15-7  Government Code (Texas Sunset Act).  Unless continued in existence
   15-8  as provided by that chapter, the commission and the office are
   15-9  abolished and this Act expires September 1, <1995> 2001.
  15-10        Sec. 6.  (a)  To be eligible for appointment as a
  15-11  commissioner, a person must be a qualified voter, not less than 30
  15-12  years of age, a citizen of the United States, and a resident of the
  15-13  State of Texas.  No person is eligible for appointment as a
  15-14  commissioner if at any time during the two-year period immediately
  15-15  preceding his appointment he personally served as an officer,
  15-16  director, owner, employee, partner, or legal representative of any
  15-17  public utility or any affiliated interest, or he owned or
  15-18  controlled, directly or indirectly, stocks or bonds of any class
  15-19  with a value of $10,000 or more in a public utility or any
  15-20  affiliated interest.  Each commissioner shall qualify for office by
  15-21  taking the oath prescribed for other state officers and shall
  15-22  execute a bond for $5,000 payable to the state and conditioned on
  15-23  the faithful performance of his duties.   A person who is required
  15-24  to register as a lobbyist under Chapter 305, Government Code, may
  15-25  not serve as a member of the commission or public utility counsel
  15-26  or act as the general counsel to the commission.
  15-27        (b)  No commissioner or employee of the commission may do any
   16-1  of the following during his period of service with the commission:
   16-2              (1)  have any pecuniary interest, either as an officer,
   16-3  director, partner, owner, employee, attorney, consultant, or
   16-4  otherwise, in any public utility or affiliated interest, or in any
   16-5  person or corporation or other business entity a significant
   16-6  portion of whose business consists of furnishing goods or services
   16-7  to public utilities or affiliated interests, but not including a
   16-8  nonprofit group or association solely supported by gratuitous
   16-9  contributions of money, property or services;
  16-10              (2)  own or control any securities in a public utility
  16-11  or affiliated interest, either directly or indirectly;
  16-12              (3)  accept any gift, gratuity, or entertainment
  16-13  whatsoever from any public utility or affiliated interest, or from
  16-14  any person, corporation, agent, representative, employee, or other
  16-15  business entity a significant portion of whose business consists of
  16-16  furnishing goods or devices to public utilities or affiliated
  16-17  interests, or from any agent, representative, attorney, employee,
  16-18  officer, owner, director, or partner of any such business entity or
  16-19  of any public utility or affiliated interest; provided, however,
  16-20  that the receipt and acceptance of any gifts, gratuities, or
  16-21  entertainment after termination of service with the commission
  16-22  whose cumulative value in any one-year period is less than $100
  16-23  shall not constitute a violation of this Act.
  16-24        (c)  The prohibited activities of this section do not include
  16-25  contracts for public utility products and services or equipment for
  16-26  use of public utility products when a member or employee of the
  16-27  commission is acting as a consumer.
   17-1        (d)  No commissioner or employee of the commission may
   17-2  directly or indirectly solicit or request from or suggest or
   17-3  recommend to, any public utility, or to any agent, representative,
   17-4  attorney, employee, officer, owner, director, or partner thereof,
   17-5  the appointment to any position or the employment in any capacity
   17-6  of any person by such public utility or affiliated interest.
   17-7        (e)  No public utility or affiliated interest or any person,
   17-8  corporation, firm, association, or business that furnishes goods or
   17-9  services to any public utility or affiliated interest, nor any
  17-10  agent, representative, attorney, employee, officer, owner,
  17-11  director, or partner of any public utility or affiliated interest,
  17-12  or any person, corporation, firm, association, or business
  17-13  furnishing goods or services to any public utility or affiliated
  17-14  interest may give, or offer to give, any gift, gratuity,
  17-15  employment, or entertainment whatsoever to any member or employee
  17-16  of the commission except as allowed by Subdivision (3) of
  17-17  Subsection (b) of this section, nor may any such public utility or
  17-18  affiliated interest or any such person, corporation, firm,
  17-19  association, or business aid, abet, or participate with any member,
  17-20  employee, or former employee of the commission in any activity or
  17-21  conduct that would constitute a violation of this Subsection or
  17-22  Subdivision (3) of Subsection (b) of this section.
  17-23        (f)  It shall not be a violation of this section if a member
  17-24  of the commission or person employed by the commission, upon
  17-25  becoming the owner of any stocks or bonds or other pecuniary
  17-26  interest in a public utility or affiliated interest under the
  17-27  jurisdiction of the commission otherwise than voluntarily, informs
   18-1  the commission and the attorney general of such ownership and
   18-2  divests himself of the ownership or interest within a reasonable
   18-3  time.  In this section, a "pecuniary interest" includes income,
   18-4  compensation and payment of any kind, in addition to ownership
   18-5  interests.  It is not a violation of this section if such a
   18-6  pecuniary interest is held indirectly by ownership of an interest
   18-7  in a retirement system, institution, or fund which in the normal
   18-8  course of business invests in diverse securities independently of
   18-9  the control of the commissioner or employee.
  18-10        (g)  Repealed.
  18-11        (h)  No member of the commission may seek nomination or
  18-12  election to any civil office of the State of Texas or of the United
  18-13  States while he is a commissioner.  If any member of the commission
  18-14  files for nomination for or election to any civil office of the
  18-15  State of Texas or of the United States, his office as commissioner
  18-16  immediately becomes vacant, and the governor shall appoint a
  18-17  successor.
  18-18        (i)  No commissioner shall within two years, and no employee
  18-19  shall, within one year after his employment with the commission has
  18-20  ceased, be employed by a public utility which was in the scope of
  18-21  the commissioner's or employee's official responsibility while the
  18-22  commissioner or employee was associated with the commission.
  18-23        (j)  During the time a commissioner or employee of the
  18-24  commission is associated with the commission or at any time after,
  18-25  the commissioner or employee may not represent a person,
  18-26  corporation, or other business entity before the commission or a
  18-27  court in a matter in which the commissioner or employee was
   19-1  personally involved while associated with the commission or a
   19-2  matter that was within the commissioner's or employee's official
   19-3  responsibility while the commissioner or employee was associated
   19-4  with the commission.
   19-5        (k)  The commission shall require its members and employees
   19-6  to read this section and as often as necessary shall provide
   19-7  information regarding their responsibilities under applicable laws
   19-8  relating to standards of conduct for state officers and employees.
   19-9        Sec. 6A.  (a)  It is a ground for removal from the commission
  19-10  if a member:
  19-11              (1)  does not have at the time of appointment the
  19-12  qualifications required by Section 6 of this Act for appointment to
  19-13  the commission; or
  19-14              (2)  does not maintain during the service on the
  19-15  commission the qualifications required by Section 6 of this Act for
  19-16  appointment to the commission.
  19-17        (b)  The validity of an action of the commission is not
  19-18  affected by the fact that it was taken when a ground for removal of
  19-19  a member of the commission existed.
  19-20        Sec. 7.  Whenever a vacancy in the office of commissioner
  19-21  occurs, it shall be filled in the manner provided herein with
  19-22  respect to the original appointment, except that the governor may
  19-23  make interim appointments to continue until the vacancy can be
  19-24  filled in the manner provided.  Any person appointed with the
  19-25  advice and consent of the senate to fill a vacancy shall hold
  19-26  office during the unexpired portion of the term.
  19-27        Sec. 8.  (a)  The commission shall employ such officers,
   20-1  administrative law judges, hearing examiners, investigators,
   20-2  lawyers, engineers, economists, consultants, statisticians,
   20-3  accountants, administrative assistants, inspectors, clerical staff,
   20-4  and other employees as it deems necessary to carry out the
   20-5  provisions of this Act.  All employees receive such compensation as
   20-6  is fixed by the legislature.
   20-7        (b)  The commission shall employ the following:
   20-8              (1)  an executive director;
   20-9              (2)  a director of hearings who has wide experience in
  20-10  utility regulation and rate determination;
  20-11              (3)  a chief engineer who is a registered engineer and
  20-12  an expert in public utility engineering and rate matters;
  20-13              (4)  a chief accountant who is a certified public
  20-14  accountant, experienced in public utility accounting;
  20-15              (5)  a director of research who is experienced in the
  20-16  conduct of analyses of industry, economics, energy, fuel, and other
  20-17  related matters that the commission may want to undertake;
  20-18              (6)  a director of consumer affairs and public
  20-19  information;
  20-20              (7)  a director of utility evaluation;
  20-21              (8)  a director of energy conservation; and
  20-22              (9)  a general counsel.
  20-23        (c)  The general counsel and his staff are responsible for
  20-24  the gathering of information relating to all matters within the
  20-25  authority of the commission.
  20-26        The duties of the general counsel include:
  20-27              (1)  accumulation of evidence and other information
   21-1  from public utilities and from the accounting and technical and
   21-2  other staffs of the commission and from other sources for the
   21-3  purposes specified herein;
   21-4              (2)  preparation and presentation of such evidence
   21-5  before the commission or its appointed examiner in proceedings;
   21-6              (3)  conduct of investigations of public utilities
   21-7  under the jurisdiction of the commission;
   21-8              (4)  preparation of proposed changes in the rules of
   21-9  the commission;
  21-10              (5)  preparation of recommendations that the commission
  21-11  undertake investigation of any matter within its authority;
  21-12              (6)  preparation of recommendations and a report of
  21-13  such staff for inclusion in the annual report of the commission;
  21-14              (7)  protection and representation of the public
  21-15  interest and coordination and direction of the preparation and
  21-16  presentation of evidence from the commission staff in all cases
  21-17  before the commission as necessary to effect the objectives and
  21-18  purposes stated in this Act and ensure protection of the public
  21-19  interest; and
  21-20              (8)  such other activities as are reasonably necessary
  21-21  to enable him to perform his duties.
  21-22        (d)  The commission shall employ administrative law judges to
  21-23  preside at hearings of major importance before the commission.  An
  21-24  administrative law judge must be a licensed attorney with not less
  21-25  than five years' general experience or three years' experience in
  21-26  utility regulatory law.  The administrative law judge shall perform
  21-27  his duties independently from the commission.
   22-1        (e)  The executive director or his designee shall develop an
   22-2  intraagency career ladder program, one part of which shall be the
   22-3  intraagency posting of all nonentry level positions for at least 10
   22-4  days before any public posting.  The executive director or his
   22-5  designee shall develop a system of annual performance evaluations
   22-6  based on measurable job tasks.  All merit pay for commission
   22-7  employees must be based on the system established under this
   22-8  section.
   22-9        (f)  The executive director or his/her designee shall prepare
  22-10  and maintain a written plan to assure implementation of a program
  22-11  of equal employment opportunity whereby all personnel transactions
  22-12  are made without regard to race, color, disability, sex, religion,
  22-13  age, or national origin.  The plans shall include:
  22-14              (1)  a comprehensive analysis of all the agency's work
  22-15  force by race, sex, ethnic origin, class of position, and salary or
  22-16  wage;
  22-17              (2)  plans for recruitment, evaluation, selection,
  22-18  appointment, training, promotion, and other personnel policies;
  22-19              (3)  steps reasonably designed to overcome any
  22-20  identified underutilization of minorities and women in the agency's
  22-21  work force; and
  22-22              (4)  objectives and goals, timetables for the
  22-23  achievement of the objectives and goals, and assignments of
  22-24  responsibility for their achievement.
  22-25        The plans shall be filed with the governor's office within 60
  22-26  days of the effective date of this Act, cover an annual period, and
  22-27  be updated at least annually.  Progress reports shall be submitted
   23-1  to the governor's office within 30 days of November 1 and April 1
   23-2  of each year and shall include the steps the agency has taken
   23-3  within the reporting period to comply with these requirements.
   23-4        Sec. 9.  The annual salary of the commissioners shall be
   23-5  determined by the legislature.
   23-6        Sec. 10.  The principal office of the commission shall be
   23-7  located in the City of Austin, Texas, and shall be open daily
   23-8  during the usual business hours, Saturdays, Sundays, and legal
   23-9  holidays excepted.  The commission shall hold meetings at its
  23-10  office and at such other convenient places in the state as shall be
  23-11  expedient and necessary for the proper performance of its duties.
  23-12        Sec. 11.  The commission shall have a seal bearing the
  23-13  following inscription:  "Public Utility Commission of Texas."  The
  23-14  seal shall be affixed to all records and authentications of copies
  23-15  of records and to such other instruments as the commission shall
  23-16  direct.  All courts of this state shall take judicial notice of
  23-17  said seal.
  23-18        Sec. 12.  A majority of the commissioners shall constitute a
  23-19  quorum for the transaction of any business, for the performance of
  23-20  any duty, or for the exercise of any power of the commission.  No
  23-21  vacancy or disqualification shall prevent the remaining
  23-22  commissioner or commissioners from exercising all the powers of the
  23-23  commission.
  23-24        Sec. 13.  All orders of the commission shall be in writing
  23-25  and shall contain detailed findings of the facts upon which they
  23-26  are passed.  The commission shall retain a copy of the transcript
  23-27  and the exhibits in any matter in which the commission issues an
   24-1  order.  All files pertaining to matters which were at any time
   24-2  pending before the commission and to records, reports, and
   24-3  inspections required by Article V hereof shall be public records,
   24-4  subject to the terms of the Texas Open Records Act, Chapter 424,
   24-5  Acts of the 63rd Legislature, Regular Session, 1973, as amended
   24-6  (Article 6252-17a, Vernon's Texas Civil Statutes).
   24-7        Sec. 14.  (a)  The commission shall publish an annual report
   24-8  to the governor, summarizing its proceedings, listing its receipts
   24-9  and the sources of its receipts, listing its expenditures and the
  24-10  nature of such expenditures, and setting forth such information
  24-11  concerning the operations of the commission and the public utility
  24-12  industry as it considers of general interest.
  24-13        (b)  In the annual report issued in the year preceding the
  24-14  convening of each regular session of the legislature, the
  24-15  commission shall make such suggestions regarding modification and
  24-16  improvement of the commission's statutory authority and for the
  24-17  improvement of utility regulation in general as it may deem
  24-18  appropriate for protecting and furthering the interest of the
  24-19  public.
  24-20        Sec. 14A.  The commission shall prepare information of
  24-21  consumer interest describing the regulatory functions of the
  24-22  commission and describing the commission's procedures by which the
  24-23  consumer complaints are filed with and resolved by the commission.
  24-24  The commission shall make the information available to the general
  24-25  public and appropriate state agencies.
  24-26        Sec. 15.  The Attorney General of the State of Texas shall
  24-27  represent the commission in all matters before the state courts,
   25-1  and any court of the United States, and before any federal public
   25-2  utility regulatory commission.
   25-3        Sec. 15A.  (a)  The independent Office of Public Utility
   25-4  Counsel is hereby established to represent the interests of
   25-5  residential and small commercial consumers.
   25-6        (b)  The chief executive of the Office of Public Utility
   25-7  Counsel is the public utility counsel, hereinafter referred to as
   25-8  counsellor.  The counsellor is appointed by the governor with the
   25-9  advice and consent of the senate to a two-year term that expires on
  25-10  February 1 of the final year of the term.  Immediately after this
  25-11  section takes effect, the governor shall, with the advice and
  25-12  consent of the senate, appoint the public utility counsel.
  25-13        (c)  The counsellor may employ such lawyers, economists,
  25-14  engineers, consultants, statisticians, accountants, clerical staff,
  25-15  and other employees as he or she deems necessary to carry out the
  25-16  provisions of this section.  All employees shall receive such
  25-17  compensation as is fixed by the legislature from the assessment
  25-18  imposed by Section 78 of this Act.
  25-19        (d)  The counsellor shall be a resident of Texas and admitted
  25-20  to the practice of law in this state who has demonstrated a strong
  25-21  commitment and involvement in efforts to safeguard the rights of
  25-22  the public and possess the knowledge and experience necessary to
  25-23  practice effectively in utility proceedings.
  25-24        (e)  During the period of the counselor's employment and for
  25-25  a period of two years following the termination of employment, it
  25-26  shall be unlawful for any person employed as counsellor to have a
  25-27  direct or indirect interest in any utility company regulated under
   26-1  the Public Utility Regulatory Act, to provide legal services
   26-2  directly or indirectly to or be employed in any capacity by a
   26-3  utility company regulated under the Public Utility Regulatory Act,
   26-4  its parent, or its subsidiary companies, corporations, or
   26-5  cooperatives; but such person may otherwise engage in the private
   26-6  practice of law after the termination of employment as the
   26-7  counsellor.
   26-8        (f)  The Office of Public Utility Counsel:
   26-9              (1)  shall assess the impact of utility rate changes
  26-10  and other regulatory actions on residential consumers in the State
  26-11  of Texas and shall be an advocate in its own name of positions most
  26-12  advantageous to a substantial number of such consumers as
  26-13  determined by the counsellor;
  26-14              (2)  may appear or intervene as a matter of right as a
  26-15  party or otherwise on behalf of residential consumers, as a class,
  26-16  in all proceedings before the commission;
  26-17              (3)  may appear or intervene as a matter of right as a
  26-18  party or otherwise on behalf of small commercial consumers, as a
  26-19  class, in all proceedings where it is deemed by the counsel that
  26-20  small commercial consumers are in need of representation;
  26-21              (4)  may initiate or intervene as a matter of right or
  26-22  otherwise appear in any judicial proceedings involving or arising
  26-23  out of any action taken by an administrative agency in a proceeding
  26-24  in which the counsel was authorized to appear;
  26-25              (5)  may have access as any party, other than staff, to
  26-26  all records gathered by the commission under the authority of
  26-27  Subsection (a) of Section 29 of this Act;
   27-1              (6)  may obtain discovery of any nonprivileged matter
   27-2  which is relevant to the subject matter involved in any proceeding
   27-3  or petition before the commission;
   27-4              (7)  may represent individual residential and small
   27-5  commercial consumers with respect to their disputed complaints
   27-6  concerning utility services unresolved before the commission; and
   27-7              (8)  may recommend legislation to the legislature which
   27-8  in its judgment would positively affect the interests of
   27-9  residential and small commercial consumers.
  27-10        (g)  Nothing in this section shall be construed as in any way
  27-11  limiting the authority of the commission to represent residential
  27-12  or small commercial consumers.
  27-13        (h)  The appearance of the Public Counsel in any proceeding
  27-14  in no way precludes the appearance of other parties on behalf of
  27-15  residential ratepayers or small commercial consumers.  The Public
  27-16  Counsel shall not be grouped with any other parties.
  27-17        (i)  There shall be only one Office of Public Utility Counsel
  27-18  even though that office may be referenced in one or more Acts of
  27-19  the 68th Legislature.
  27-20                      ARTICLE III.  JURISDICTION
  27-21        Sec. 16.  (a)  The commission has the general power to
  27-22  regulate and supervise the business of every public utility within
  27-23  its jurisdiction and to do all things, whether specifically
  27-24  designated in this Act or implied herein, necessary and convenient
  27-25  to the exercise of this power and jurisdiction.  The commission
  27-26  shall make and enforce rules reasonably required in the exercise of
  27-27  its powers and jurisdiction, including rules governing practice and
   28-1  procedure before the commission.  The commission may call and hold
   28-2  hearings, administer oaths, receive evidence at hearings, issue
   28-3  subpoenas to compel the attendance of witnesses and the production
   28-4  of papers and documents, and make findings of fact and decisions
   28-5  with respect to administering the provisions of this Act or the
   28-6  rules, orders, or other actions of the commission. Notwithstanding
   28-7  any other provision of this Act or other law, in proceedings other
   28-8  than those involving major rate changes, the commission may
   28-9  delegate to an administrative law judge or hearings examiner the
  28-10  authority to make a final decision and to issue findings of fact,
  28-11  conclusions of law, and other necessary orders in a proceeding in
  28-12  which there is no contested issue of fact or law.  The commission,
  28-13  by rule, shall define the procedures by which it delegates final
  28-14  decision making authority authorized by this section.  For review
  28-15  purposes the final decision of the administrative law judge or
  28-16  hearings examiner has the same effect as a final decision of the
  28-17  commission unless a commissioner requests formal review of the
  28-18  decision.
  28-19        (b)  The commission shall develop a long-term statewide
  28-20  electrical energy forecast which shall be sent to the governor
  28-21  biennially.  The forecast will include an assessment of how
  28-22  alternative energy sources, conservation, and load management will
  28-23  meet the state's electricity needs.
  28-24        (c)  Every generating electric utility in the state shall
  28-25  prepare and transmit to the commission by December 31, 1983, and
  28-26  every two years thereafter a report specifying at least a 10-year
  28-27  forecast for assessments of load and resources for its service
   29-1  area.  The report shall include a list of facilities which will be
   29-2  required to supply electric power during the forecast periods.  The
   29-3  report shall be in a form prescribed by the commission.  The report
   29-4  shall include:
   29-5              (1)  a tabulation of estimated peak load, resources,
   29-6  and reserve margins for each year during the forecast or assessment
   29-7  period;
   29-8              (2)  a list of existing electric generating plants in
   29-9  service with a description of planned and potential generating
  29-10  capacity at existing sites;
  29-11              (3)  a list of facilities which will be needed to serve
  29-12  additional electrical requirements identified in the forecasts or
  29-13  assessments, the general location of such facilities, and the
  29-14  anticipated types of fuel to be utilized in the proposed
  29-15  facilities, including an estimation of shutdown costs and disposal
  29-16  of spent fuel for nuclear power plants;
  29-17              (4)  a description of additional system capacity which
  29-18  might be achieved through, among other things, improvements in (A)
  29-19  generating or transmission efficiency, (B) importation of power,
  29-20  (C) interstate or interregional pooling, (D) other improvements in
  29-21  efficiencies of operation; and (E) conservation measures;
  29-22              (5)  an estimation of the mix and type of fuel
  29-23  resources for the forecast or assessment period;
  29-24              (6)  an annual load duration curve and a forecast of
  29-25  anticipated peak loads for the forecast or assessment period for
  29-26  the residential, commercial, industrial, and such other major
  29-27  demand sectors in the service area of the electric utility as the
   30-1  commission shall determine; and
   30-2              (7)  a description of projected population growth,
   30-3  urban development, industrial expansion, and other growth factors
   30-4  influencing increased demand for electric energy and the basis for
   30-5  such projections.
   30-6        (d)  The commission shall establish and every electric
   30-7  utility shall utilize a reporting methodology for preparation of
   30-8  the forecasts of future load and resources.
   30-9        (e)  The commission shall review and evaluate the electric
  30-10  utilities' forecast of load and resources and any public comment on
  30-11  population growth estimates prepared by Bureau of Business
  30-12  Research, University of Texas at Austin.
  30-13        (f)  Within 12 months after the receipt of the reports
  30-14  required in Subsection (b)  of this section, the commission shall
  30-15  hold a public hearing and subsequently issue a final report to the
  30-16  governor and notify every electric utility of the commission's
  30-17  electric forecast for that utility.  The commission shall consider
  30-18  its electric forecast in all certification proceedings covering new
  30-19  generation plant.
  30-20        (g)  The commission shall make and enforce rules to encourage
  30-21  the economical production of electric energy by qualifying
  30-22  cogenerators and qualifying small power producers.
  30-23        (h)  The commission shall inquire into the management of the
  30-24  business of all public utilities under its jurisdiction, shall keep
  30-25  itself informed as to the manner and method in which the management
  30-26  and business is conducted, and shall obtain from any public utility
  30-27  all necessary information to enable the commission to perform
   31-1  management audits.  The commission may audit each utility under the
   31-2  jurisdiction of the commission as frequently as needed, but shall
   31-3  audit each utility at least once every 10 years.  Six months after
   31-4  any audit, the utility shall report to the commission on the status
   31-5  of the implementation of the recommendations of the audit and shall
   31-6  file subsequent reports at such times as the commission deems
   31-7  appropriate.
   31-8        Sec. 17.  (a)  Subject to the limitations imposed in this
   31-9  Act, and for the purpose of regulating rates and services so that
  31-10  such rates may be fair, just, and reasonable, and the services
  31-11  adequate and efficient, the governing body of each municipality
  31-12  shall have exclusive original jurisdiction over all electric<,
  31-13  water, and sewer> utility rates, operations, and services provided
  31-14  by an electric<, water, and sewer> utility within its city or town
  31-15  limits.
  31-16        (b)  At any time after two years have passed from the date
  31-17  this Act becomes effective, a municipality may elect to have the
  31-18  commission exercise exclusive original jurisdiction over electric<,
  31-19  water, or sewer> utility rates, operations, and services within the
  31-20  incorporated limits of the municipality.  The governing body of a
  31-21  municipality may by ordinance elect to surrender its original
  31-22  jurisdiction to the commission, or the governing body may submit
  31-23  the question of the surrender to the qualified voters at a
  31-24  municipal election.  Upon receipt of a petition signed by the
  31-25  lesser of 20,000 or ten percent of the number of qualified voters
  31-26  voting in the last preceding general election in that municipality,
  31-27  the governing body shall submit the question of the surrender of
   32-1  the municipality's original jurisdiction to the commission at a
   32-2  municipal election.
   32-3        (c)  A municipality that surrenders its jurisdiction to the
   32-4  commission may at any time, by vote of the electorate, reinstate
   32-5  the jurisdiction of the governing body; provided, however, that any
   32-6  municipality which reinstates its jurisdiction shall be unable to
   32-7  surrender that jurisdiction for five years after the date of the
   32-8  election at which the municipality elected to reinstate its
   32-9  jurisdiction.  No municipality may, by vote of the electorate,
  32-10  reinstate the jurisdiction of the governing body during the
  32-11  pendency of any case before the commission involving the
  32-12  municipality.
  32-13        (d)  The commission shall have exclusive appellate
  32-14  jurisdiction to review orders or ordinances of such municipalities
  32-15  as provided in this Act.
  32-16        (e)  The commission shall have exclusive original
  32-17  jurisdiction over electric<, water, and sewer> utility rates,
  32-18  operations, and services not within the incorporated limits of a
  32-19  municipality exercising exclusive original jurisdiction over those
  32-20  rates, operations, and services as provided in this Act.
  32-21        Sec. 18.  (a)  It is the policy of this state to protect the
  32-22  public interest in having adequate and efficient telecommunications
  32-23  service available to all citizens of the state at just, fair, and
  32-24  reasonable rates.  The legislature finds that the
  32-25  telecommunications industry through technical advancements, federal
  32-26  legislative, judicial and administrative actions, and the
  32-27  formulation of new telecommunications enterprises has become and
   33-1  will continue to be in many and growing areas a competitive
   33-2  industry which does not lend itself to traditional public utility
   33-3  regulatory rules, policies, and principles; and that therefore, the
   33-4  public interest requires that new rules, policies, and principles
   33-5  be formulated and applied to protect the public interest and to
   33-6  provide equal opportunity to all telecommunications utilities in a
   33-7  competitive marketplace.  It is the purpose of this section to
   33-8  grant to the commission the authority and the power under this Act
   33-9  to carry out the public policy herein stated.
  33-10        (b)  Subject to the limitations imposed in this Act, and for
  33-11  the purpose of carrying out the public policy above stated and of
  33-12  regulating rates, operations, and services so that such rates may
  33-13  be just, fair, and reasonable, and the services adequate and
  33-14  efficient, the commission shall have exclusive original
  33-15  jurisdiction over the business and property of all
  33-16  telecommunications utilities in this state.  In the exercise of its
  33-17  jurisdiction to regulate the rates, operations, and services of a
  33-18  telecommunications utility providing service in a municipality on
  33-19  the state line adjacent to a municipality in an adjoining state,
  33-20  the commission may cooperate with the utility regulatory commission
  33-21  of the adjoining state or the federal government and may hold joint
  33-22  hearings and make joint investigations with any of those
  33-23  commissions.
  33-24        (c)  Except as provided by Subsections (l) and (m) of this
  33-25  section and Section 18A of this Act, the commission shall only have
  33-26  the following jurisdiction over all telecommunications utilities
  33-27  who are not dominant carriers:
   34-1              (1)  to require registration as provided in Subsection
   34-2  (d) of this section;
   34-3              (2)  to conduct such investigations as are necessary to
   34-4  determine the existence, impact, and scope of competition in the
   34-5  telecommunications industry, including identifying dominant
   34-6  carriers in the local exchange and intralata interexchange
   34-7  telecommunications industry and defining the telecommunications
   34-8  market or markets, and in connection therewith may call and hold
   34-9  hearings, issue subpoenas to compel the attendance of witnesses and
  34-10  the production of papers and documents, and make findings of fact
  34-11  and decisions with respect to administering the provisions of this
  34-12  Act or the rules, orders, and other actions of the commission;
  34-13              (3)  to require the filing of such reports as the
  34-14  commission may direct from time to time;
  34-15              (4)  to require the maintenance of statewide average
  34-16  rates or prices of telecommunications service;
  34-17              (5)  to require that every local exchange area have
  34-18  access to local and interexchange telecommunications service,
  34-19  except that <an interexchange> a telecommunications <carrier>
  34-20  utility must be allowed to discontinue service to a local exchange
  34-21  area if comparable service is available in the area and the
  34-22  discontinuance is not contrary to the public interest.  This
  34-23  section does not authorize the commission to require <an
  34-24  interexchange> a telecommunications <carrier> utility that has not
  34-25  provided services to a local exchange area during the previous 12
  34-26  months and that has never provided services to that same local
  34-27  exchange area for a cumulative period of one year at any time in
   35-1  the past to initiate services to that local exchange area; and
   35-2              (6)  to require the quality of <interexchange>
   35-3  telecommunications service provided in each exchange to be adequate
   35-4  to protect the public interest and the interests of customers of
   35-5  that exchange if the commission determines that service to a local
   35-6  exchange has deteriorated to the point that <long distance> service
   35-7  is not reliable.
   35-8        (d)  All providers of communications service described in
   35-9  Subsection (c) of this section who are providing such service to
  35-10  the public on the effective date of this Act shall register with
  35-11  the commission within 90 days of the effective date of this Act
  35-12  unless the provider has previously registered with the commission.
  35-13  All providers of communications service described in Subsection (c)
  35-14  of this section who commence such service to the public thereafter
  35-15  shall register with the commission within 30 days of commencing
  35-16  service.  Such registration shall be accomplished by filing with
  35-17  the commission a description of the location and type of service
  35-18  provided, the <cost> price to the public of such service, and such
  35-19  other registration information as the commission may direct.
  35-20  Notwithstanding any other provision of this Act, an interexchange
  35-21  telecommunications carrier doing business in this state shall
  35-22  continue to maintain on file with the commission tariffs or lists
  35-23  governing the terms of providing its services.
  35-24        (e) (1)  For the purpose of carrying out the public policy
  35-25  stated in Subsection (a) of this section and any other section of
  35-26  this Act notwithstanding, the commission is granted all necessary
  35-27  power and authority under this Act to promulgate rules and
   36-1  establish procedures applicable to local exchange companies for
   36-2  determining the level of competition in specific telecommunications
   36-3  markets and submarkets and providing appropriate regulatory
   36-4  treatment to allow local exchange companies to respond to
   36-5  significant competitive challenges.  Nothing in this section is
   36-6  intended to change the burden of proof of the local exchange
   36-7  company under Sections 38, 39, 40, and 41 of Article VI of this
   36-8  Act.
   36-9              (2)  In determining the level of competition in a
  36-10  specific market or submarket, the commission shall hold an
  36-11  evidentiary hearing to consider the following:
  36-12                    (A)  the number and size of telecommunications
  36-13  utilities or other persons providing the same, equivalent, or
  36-14  substitutable service;
  36-15                    (B)  the extent to which the same, equivalent, or
  36-16  substitutable service is available;
  36-17                    (C)  the ability of customers to obtain the same,
  36-18  equivalent, or substitutable services at comparable rates, terms,
  36-19  and conditions;
  36-20                    (D)  the ability of telecommunications utilities
  36-21  or other persons to make the same, equivalent, or substitutable
  36-22  service readily available at comparable rates, terms, and
  36-23  conditions;
  36-24                    (E)  the existence of any significant barrier to
  36-25  the entry or exit of a provider of the service; and
  36-26                    (F)  other relevant information deemed
  36-27  appropriate.
   37-1              (3)  The regulatory treatments which the commission may
   37-2  implement include but are not limited to:
   37-3                    (A)  approval of a range of rates for a specific
   37-4  service;
   37-5                    (B)  approval of customer-specific contracts for
   37-6  a specific service; provided, however, that the commission shall
   37-7  approve a contract to provide central office based PBX-type
   37-8  services for systems of 200 stations or more, billing and
   37-9  collection services, high-speed private line services of 1.544
  37-10  megabits or greater, and customized services, provided that the
  37-11  contract is filed at least 30 days before initiation of the service
  37-12  contracted for; that the contract is accompanied with an affidavit
  37-13  from the person or entity contracting for the telecommunications
  37-14  service stating that he considered the acquisition of the same,
  37-15  equivalent, or substitutable services by bid or quotation from a
  37-16  source other than the local exchange company; that the local
  37-17  exchange company is recovering the appropriate costs of providing
  37-18  the services; and that approval of the contract is in the public
  37-19  interest.  The contract shall be approved or denied within 30 days
  37-20  after filing, unless the commission for good cause extends the
  37-21  effective date for an additional 35 days; and
  37-22                    (C)  the detariffing of rates.
  37-23        (f)  Moreover, in order to encourage the rapid introduction
  37-24  of new or experimental services or promotional rates, the
  37-25  commission shall promulgate rules and establish procedures which
  37-26  allow the expedited introduction of, the establishment and
  37-27  adjustment of rates for, and withdrawal of such services, including
   38-1  requests for such services made to the commission by the governing
   38-2  body of a municipality served by a local exchange company having
   38-3  more than 500,000 access lines throughout the state.  Rates
   38-4  established or adjusted at the request of a municipality may not
   38-5  result in higher rates for ratepayers outside the boundaries of the
   38-6  municipality and may not include any rates for local exchange
   38-7  company interexchange services or interexchange carrier access
   38-8  service.
   38-9        (g)  In promulgating new rules and establishing the
  38-10  procedures contemplated in Subsections (e) and (f) of this section,
  38-11  the commission shall seek to balance the public interest in a
  38-12  technologically advanced telecommunications system providing a wide
  38-13  range of new and innovative services with traditional regulatory
  38-14  concerns for preserving universal service, prohibiting
  38-15  anticompetitive practices, and preventing the subsidization of
  38-16  competitive services with revenues from regulated monopoly
  38-17  services.  The commission shall promulgate these rules and
  38-18  establish these procedures so as to incorporate an appropriate mix
  38-19  of regulatory and market mechanisms reflecting the level and nature
  38-20  of competition in the marketplace.  Rates established under
  38-21  Subsections (e) and (f) of this section shall not be (1)
  38-22  unreasonably preferential, prejudicial, or discriminatory; (2)
  38-23  subsidized either directly or indirectly by regulated monopoly
  38-24  services; or (3) predatory or anticompetitive.
  38-25        (h)  The commission shall initiate a rulemaking proceeding
  38-26  and take public comment and promulgate rules which prescribe the
  38-27  standards necessary to ensure that all rates set under the
   39-1  provisions of this section cover their appropriate costs as
   39-2  determined by the commission.  Until such rules are promulgated,
   39-3  the commission shall use a costing methodology that is in the
   39-4  public interest in determining whether the rates set under the
   39-5  provisions of this section cover their appropriate costs.
   39-6        (i)  The commission is granted all necessary power and
   39-7  authority to prescribe and collect fees and assessments from local
   39-8  exchange companies necessary to recover the commission's and the
   39-9  Office of Public Utility Counsel's costs of activities carried out
  39-10  and services provided under Subsections (e), (f), (g), (h), (i),
  39-11  (j), and (k) of this section.
  39-12        (j)  Subsections (e) and (f) of this section are not
  39-13  applicable to basic local exchange service, including local
  39-14  measured service.  Paragraph (B) of Subdivision (3) of Subsection
  39-15  (e) of this section is not applicable to message telecommunications
  39-16  services, switched access services for interexchange carriers, or
  39-17  wide area telecommunications service.  A local exchange company may
  39-18  not price similar services provided pursuant to contracts under
  39-19  Paragraph (B) of Subdivision (3) of Subsection (e) of this section
  39-20  in an unreasonably discriminatory manner.  For purposes of this
  39-21  section, similar services shall be defined as those services which
  39-22  are provided at or near the same point in time, which have the same
  39-23  characteristics and which are provided under the same or similar
  39-24  circumstances.
  39-25        (k)  Before January 15 of each odd-numbered year, the
  39-26  commission shall report to the legislature on the scope of
  39-27  competition in regulated telecommunications markets and the impact
   40-1  of competition on customers in both competitive and noncompetitive
   40-2  markets, with a specific focus on rural markets.   The report shall
   40-3  include an assessment of the impact of competition on the rates and
   40-4  availability of telecommunications services for residential and
   40-5  business customers and shall specifically address any effects on
   40-6  universal service.  The report shall provide a summary of
   40-7  commission actions over the preceding two years which reflect
   40-8  changes in the scope of competition in regulated telecommunications
   40-9  markets.  The report shall also include recommendations to the
  40-10  legislature for further legislation which the commission finds
  40-11  appropriate to promote the public interest in the context of a
  40-12  partially competitive telecommunications market.
  40-13        (l)  Notwithstanding any other provision of this Act, the
  40-14  commission may enter such orders as may be necessary to protect the
  40-15  public interest, including the imposition on any specific service
  40-16  or services of its full regulatory authority under Articles III
  40-17  through XIII (but not Articles IV and V) <XI> of this Act, if the
  40-18  commission upon complaint from another interexchange
  40-19  telecommunications <carrier> utility finds by a preponderance of
  40-20  the evidence upon notice and hearing that an interexchange
  40-21  telecommunications <carrier> utility has engaged in predatory
  40-22  pricing or attempted to engage in predatory pricing.
  40-23        (m)  Notwithstanding any other provision of this Act, the
  40-24  commission may enter such orders as may be necessary to protect the
  40-25  public interest if the commission finds upon notice and hearing
  40-26  that an interexchange telecommunications <carrier> utility has:
  40-27              (1)  failed to maintain statewide average rates;
   41-1              (2)  abandoned interexchange message telecommunications
   41-2  service to a local exchange area in a manner contrary to the public
   41-3  interest; or
   41-4              (3)  engaged in a pattern of preferential or
   41-5  discriminatory activities prohibited by Sections 45 and 47 of this
   41-6  Act, except that nothing in this Act shall prohibit volume
   41-7  discounts or other discounts based on reasonable business purposes.
   41-8        (n)  In any proceeding before the commission alleging conduct
   41-9  or activities by an interexchange telecommunications <carrier>
  41-10  utility against another interexchange <carrier> telecommunications
  41-11  utility in contravention of Subsections (l), (m), and (o) of this
  41-12  section, the burden of proof shall be upon the complaining
  41-13  interexchange telecommunications <carrier> utility; however, in
  41-14  such proceedings brought by customers or their representatives who
  41-15  are not themselves an interexchange telecommunications <carriers>
  41-16  utility or in such proceedings initiated by the commission's
  41-17  general counsel, the burden of proof shall be upon the respondent
  41-18  interexchange telecommunications <carrier> utility.  However, if
  41-19  the commission finds it to be in the public interest, the
  41-20  commission may impose the burden of proof in such proceedings on
  41-21  the complaining party.
  41-22        (o)  The commission shall have the authority to require that
  41-23  a service provided by an interexchange telecommunications carrier
  41-24  described in Subsection (c) of this section be made available in an
  41-25  exchange served by the carrier within a reasonable time after
  41-26  receipt of a bona fide request for such service in that exchange,
  41-27  subject to the ability of the local exchange <carrier> company to
   42-1  provide the required access or other service.  No carrier shall be
   42-2  required to extend a service to an area if provision of that
   42-3  service would impose, after consideration of the public interest to
   42-4  be served, unreasonable costs upon or require unreasonable
   42-5  investments by the interexchange telecommunications carrier.  The
   42-6  commission may require such information from interexchange carriers
   42-7  and local exchange <carriers> companies as may be necessary to
   42-8  enforce this provision.
   42-9        (p)  Before January 15 of each odd-numbered year, the
  42-10  commission shall report to the legislature on the scope of
  42-11  competition in regulated telecommunications markets and the impact
  42-12  of competition on customers in both competitive and noncompetitive
  42-13  markets, with a specific focus on rural markets.  The report shall
  42-14  include an assessment of the impact of competition on the rates and
  42-15  availability of telecommunications services for residential and
  42-16  business customers and shall specifically address any effects on
  42-17  universal service.  The report shall provide a summary of
  42-18  commission actions over the preceding two years that reflect
  42-19  changes in the scope of competition in regulated telecommunications
  42-20  markets.  The report shall also include recommendations to the
  42-21  legislature for further legislation that the commission finds
  42-22  appropriate to promote the public interest in the context of a
  42-23  partially competitive telecommunications market.
  42-24        (q)  The commission may exempt from any requirement of this
  42-25  section an interexchange telecommunications carrier that the
  42-26  commission determines does not have a significant effect on the
  42-27  public interest, and it may exempt any interexchange carrier which
   43-1  solely relies on the facilities of others to complete long distance
   43-2  calls if the commission deems this action to be in the public
   43-3  interest.
   43-4        (r)  Requirements imposed by Subsections (c), (d), (l), (m),
   43-5  (n), (o), (p), and (q) of this section on an interexchange
   43-6  telecommunications carrier shall apply to nondominant carriers and
   43-7  shall constitute the minimum requirements to be imposed by the
   43-8  commission for any dominant carrier.
   43-9        (s)  The commission may prescribe forms of books, accounts,
  43-10  records and memoranda only as necessary to enforce its limited
  43-11  jurisdiction to be kept by local exchange companies which have
  43-12  received certificates of operating authority or service provider
  43-13  certificates of operating authority under Article X, which in the
  43-14  judgment of the commission, may be necessary to carry out the
  43-15  limited jurisdiction over those companies which this Act provides
  43-16  to the commission.
  43-17        (t)  Notwithstanding any other provision of this section, the
  43-18  commission may not impose on a utility that has a certificate of
  43-19  operating authority a rule or regulatory practice that imposes a
  43-20  greater regulatory burden on that utility than is imposed on a
  43-21  certificate of convenience and necessity holder serving the same
  43-22  area.
  43-23        Sec. 18A.  (a)  In this section "operator service" means any
  43-24  service using live operator or automated operator functions for the
  43-25  handling of telephone service such as toll calling via collect,
  43-26  third number billing, and calling card services.  Calls for which
  43-27  the called party has arranged to be billed (800 service) shall not
   44-1  be considered operator services.
   44-2        (b)  Prior to the connection of each call the operator
   44-3  service provider shall:
   44-4              (1)  announce the provider's name; and
   44-5              (2)  quote, at the caller's request, the rate and any
   44-6  other fees or surcharges applicable, to the call and charged by the
   44-7  provider.
   44-8        (c)  An operator service provider shall furnish each entity
   44-9  with which it contracts to provide operator service a sticker,
  44-10  card, or other form of information approved by the commission for
  44-11  each telephone that has access to the service and is intended to be
  44-12  utilized by the public, unless the owner of the telephone has
  44-13  received approval from the commission for an alternative form of
  44-14  information.  The information must state the provider's name, that
  44-15  the operator service provider will provide rate information on the
  44-16  caller's request, that the caller will be informed how to access
  44-17  the local exchange carrier operator on request, and that any
  44-18  complaint about the service may be made to the provider or the
  44-19  commission at the designated telephone number.  The operator
  44-20  service provider shall require by contact that the entity receiving
  44-21  the information display it on or near each of the telephones that
  44-22  has access to the service and is intended for use by the public.
  44-23        (d)  An operator service provider must, on request, inform
  44-24  the caller how to access the operator for the local exchange
  44-25  carrier serving the exchange from which the call is made.  No
  44-26  charge shall be made for this information.
  44-27        (e)  The commission shall adopt rules requiring an operator
   45-1  service provider to include in its contract with each entity
   45-2  through which it provides operator service a requirement that the
   45-3  telephones subscribed to its services shall allow access to the
   45-4  local exchange carrier operator serving the exchange from which the
   45-5  call is made and to other telecommunications utilities; but in
   45-6  order to prevent fraudulent use of its services, an operator
   45-7  service provider and individual entities through which it provides
   45-8  operator services may block access if either obtains a waiver for
   45-9  this purpose from the commission or the Federal Communications
  45-10  Commission.  The procedure and criteria for obtaining a waiver from
  45-11  the commission shall be set forth in the commission's rules.
  45-12        (f)  The commission shall promulgate rules consistent with
  45-13  the requirements of this section and any additional requirements
  45-14  deemed necessary to protect the public interest by January 1, 1990.
  45-15  All rules promulgated under this section shall be nondiscriminatory
  45-16  and designed to promote competition that facilitates consumer
  45-17  choice.
  45-18        (g)  The commission may investigate a complaint that it
  45-19  receives concerning operator services.  If the commission
  45-20  determines that an operator service provider has violated or is
  45-21  about to violate this section, the commission may, upon proper
  45-22  notice and evidentiary hearing, take action to stop, correct, or
  45-23  prevent the violation.
  45-24        (h)  Except as provided by Subsection (i) of this section,
  45-25  this section applies only to a telecommunications utility that is
  45-26  not a dominant carrier.  The commission is granted all necessary
  45-27  power and authority under this Act to promulgate rules and
   46-1  establish procedures for the purposes of enforcing and implementing
   46-2  this section.
   46-3        (i)  Each dominant or nondominant telecommunications utility
   46-4  that provides operator service shall ensure that a caller may
   46-5  access a live operator at the beginning of all live or mechanized
   46-6  operator assisted calls through a method designed to be easily and
   46-7  clearly understandable and accessible to the caller.  A
   46-8  telecommunications utility shall submit to the commission the
   46-9  method by which the utility will provide access to a live operator
  46-10  for review.  This subsection applies regardless of the method by
  46-11  which the telecommunications utility provides the operator service.
  46-12  The requirements of this subsection shall not apply to telephones
  46-13  located in prison or jail facilities.
  46-14        Sec. 20.  Nothing in this article shall be construed to
  46-15  confer on the commission power or jurisdiction to regulate or
  46-16  supervise the rates or service of any utility owned and operated by
  46-17  any municipality within its boundaries either directly or through a
  46-18  municipally owned corporation, or to affect or limit the power,
  46-19  jurisdiction, or duties of the municipalities that have elected to
  46-20  regulate and supervise public utilities within their boundaries,
  46-21  except as provided in this Act.
  46-22        ARTICLE IV. INCENTIVE REGULATION OF TELECOMMUNICATIONS
  46-23        Sec. 20A.  POLICY.  Given the current status of competition
  46-24  in the telecommunications industry, it is the policy of the
  46-25  legislature to:  provide a framework for an orderly transition from
  46-26  traditional return on invested capital regulation to a fully
  46-27  competitive telecommunications marketplace where all
   47-1  telecommunications providers compete on fair terms; preserve and
   47-2  enhance universal telecommunications service at affordable rates;
   47-3  upgrade the telecommunications infrastructure of the state; promote
   47-4  network interconnectivity; and, promote diversity in the supply of
   47-5  telecommunications services and innovative products and services
   47-6  throughout the entire state, both urban and rural.
   47-7        Sec. 20B.  ELECTION AND BASKETS OF SERVICES.  (a)  Subsequent
   47-8  to the enactment of this Article, a local exchange company may
   47-9  notify the commission in writing of the company's election to be
  47-10  regulated pursuant to this Article.  Such notice shall state the
  47-11  company's commitment to limit any increase in the rates charged for
  47-12  a four year period for the services set out in Section 20C and its
  47-13  infrastructure commitment as described in Section 20E.
  47-14        (b)  The services provided by a local exchange company
  47-15  electing incentive regulation under this Article ("electing
  47-16  company") shall be initially classified into three categories or
  47-17  "baskets":  "Basket I: basic network services", "Basket II:
  47-18  discretionary services" and "Basket III: competitive services."
  47-19  The commission shall have the authority to reclassify a service
  47-20  from Basket I to Basket II or Basket III, or from Basket II to
  47-21  Basket III, consistent with the criteria described in Section 20G
  47-22  of this Act.
  47-23        (c)  An electing company's telecommunications services shall
  47-24  be regulated pursuant to this section regardless of a determination
  47-25  of dominance under Section 3(c)(2)(B).
  47-26        Sec. 20C.  BASKET I:  BASIC NETWORK SERVICES.  (a)  The
  47-27  following services shall initially be classified as "basic network
   48-1  services" in Basket I as of September 1, 1995:
   48-2              (1)  Residential and Business Local Exchange Service;
   48-3  including Primary Directory Listings and any applicable Mileage or
   48-4  Zone Charges;
   48-5              (2)  Tone Dialing Service;
   48-6              (3)  Lifeline and Tel-Assistance Services;
   48-7              (4)  Service Connection Charges for basic services;
   48-8              (5)  Direct Inward Dialing Service for basic services;
   48-9              (6)  Private Pay Telephone Access Service;
  48-10              (7)  Call Trap and Trace Service;
  48-11              (8)  Access to 911 Service where provided by local
  48-12  authorities and access to Dual Party Relay Service;
  48-13              (9)  Switched Access Service;
  48-14              (10)  Interconnection to Competitive Providers;
  48-15              (11)  Radio Interconnection;
  48-16              (12)  Mandatory Extended Area Service arrangements;
  48-17              (13)  Mandatory Extended Metropolitan Service or other
  48-18  mandatory toll free calling arrangements;
  48-19              (14)  Interconnection for commercial mobile radio
  48-20  service providers;
  48-21              (15)  Directory Assistance; and
  48-22              (16)  1+ IntraLATA Message Toll Service.
  48-23        (b)  Upon a local exchange company's election pursuant to
  48-24  Section 20B, Subsection (a), increases in rates for basic network
  48-25  services are permitted only upon commission approval and only
  48-26  within the parameters specified in Subsection (c) for four (4)
  48-27  years following the election.  Notwithstanding the requirements in
   49-1  Section 47B(g), rates for basic network services may be decreased
   49-2  at any time on the initiative of the electing company to a floor
   49-3  above long run incremental cost for switched access service or the
   49-4  appropriate cost for any basic local telecommunications service
   49-5  which shall be long run incremental cost as to any local exchange
   49-6  company which is required by the commission to perform long run
   49-7  incremental cost studies or elects to perform such studies.  This
   49-8  section does not affect the charges permitted under Section 93A.
   49-9  The commission shall not increase service standards applicable to
  49-10  the provision of local exchange service by electing companies where
  49-11  the increased investment required to comply with the increased
  49-12  standard exceeds in any one year 10 percent of the local exchange
  49-13  company's average annual intrastate additions in capital investment
  49-14  for the most recent 5 years period.  In calculating the average,
  49-15  the local exchange company shall exclude extraordinary investments
  49-16  made during the five year period.
  49-17        (c)  Rates for basic network services may be changed in the
  49-18  following circumstances and only upon commission approval that the
  49-19  proposed change is:
  49-20              (1)  Government-imposed changes in costs.  Following
  49-21  the effective date of this Act, the commission, on its own
  49-22  authority, on the complaint of any affected person, or on the
  49-23  motion of the electing company, may adjust prices for basic network
  49-24  services to reflect government-imposed changes in the electing
  49-25  company's costs of providing telecommunications services resulting
  49-26  from one or more of the following events and in the following
  49-27  manner:
   50-1                    (A)  a decrease in the corporate federal income
   50-2  tax rate of 10 percent or more of that rate or in any state or
   50-3  local tax or municipal or governmental assessment;
   50-4                    (B)  an increase in the corporate federal income
   50-5  tax rate of 10 percent or more of that rate or in any state or
   50-6  local tax or municipal or governmental assessment in any one year
   50-7  of 10 percent or more, or any newly enacted state or local tax or
   50-8  municipal or governmental assessment
   50-9                    (C)  upon a local exchange company's election
  50-10  pursuant to Section 20B, the commission, on its own authority, or
  50-11  on the motion of the electing company, shall adjust prices for
  50-12  basic network services to reflect changes in FCC separations
  50-13  affecting interstate net income by 10 percent or more;
  50-14                    (D)  a mandated change in Financial Accounting
  50-15  Standards Board (FASB) requirements which decreases the cost of the
  50-16  components to which it applies by 10 percent or more in any one
  50-17  year that affects net income;
  50-18                    (E)  a mandated change in Financial Accounting
  50-19  Standards Board (FASB) requirements which increases the cost of the
  50-20  components to which it applies by 10 percent or more in any one
  50-21  year that affects net income;
  50-22                    (F)  a mandated change by the commission to the
  50-23  service standards applicable to that company's basic local
  50-24  telecommunications services or features to be provided as a
  50-25  component of basic local telecommunications service.
  50-26              (2)  Index.  If, after 42 months following the local
  50-27  exchange company's election, an electing company in this state with
   51-1  less than five million access lines is in compliance with its
   51-2  infrastructure commitment, all quality of services requirements,
   51-3  and all commission rules enacted pursuant to Section 47B, upon
   51-4  application of the local exchange company, the commission may
   51-5  undertake a proceeding to review the need for changes in the rates
   51-6  of basic network services.  The commission may adjust rates,
   51-7  implement new pricing plans, restructure rates or rebalance
   51-8  revenues between basic network services to recognize changed market
   51-9  conditions and the effects of competitive entry.  The commission
  51-10  may utilize an index and a productivity offset in determining these
  51-11  changes.  The commission may not order an increase in residential
  51-12  local exchange service that would cause those rates to increase by
  51-13  more than the U.S. CPI in any twelve month period.  In no case
  51-14  shall the new monthly rate exceed the nationwide average of local
  51-15  exchange rates for like services.  A company electing to receive
  51-16  regulatory transition fund receipts pursuant to Section 98B shall
  51-17  not be permitted to increase switched access rates under this
  51-18  subdivision.
  51-19              (3)  Regulatory Transition Fund -- The increases
  51-20  permitted by Section 98B.
  51-21              (4)  Rate group reclassification.  Notwithstanding the
  51-22  commitments made in Section 20B, Subsection (a), a rate group
  51-23  reclassification occurring as a result of access lines growth shall
  51-24  be allowed by the commission upon request of the electing company.
  51-25        (d)  Notwithstanding the commission's authority in Sections
  51-26  54A(2) and 54A(3), the regulation of basic network services of an
  51-27  electing company shall be governed by this Article, Articles I-III
   52-1  and VII, Sections 37, 38, 40, 42, 43, 45, 46, 47, 47B, 48 and 48A
   52-2  of Article IX, and Articles X-XVII not inconsistent with this
   52-3  Article and all commission procedures, rules and regulations not
   52-4  inconsistent with this Article.  Changes to the terms and
   52-5  conditions of the tariff offering of a basic network service, other
   52-6  than price changes, shall continue to require commission approval.
   52-7        (e)  If, subsequent to the enactment of this section, a local
   52-8  exchange company notifies the commission in writing of its election
   52-9  to incentive regulation under Section 20B, Subsection (a), such
  52-10  company shall not, during its four-year election period, under any
  52-11  circumstances be subject to any complaint, hearing or determination
  52-12  as to the reasonableness of its basic network services rates, its
  52-13  overall revenues, its return on invested capital or its net income.
  52-14  The initial competitive safeguards required by Section 47B shall
  52-15  not be prohibited by this section.  Nothing herein shall restrict
  52-16  any consumers right to complain to the commission regarding quality
  52-17  of service or the consumer's right to enforce quality of service
  52-18  standards.
  52-19        (f)  The rates capped in subsection (b) as a result of a
  52-20  company's election shall be the rates charged by the company at the
  52-21  date of its election without regard to proceedings pending under
  52-22  Sections 42 or 69, or Subchapter G of the Administrative Procedure
  52-23  Act.
  52-24        Sec. 20D.  RATE ADJUSTMENT PROCEDURES.  (a)  An electing
  52-25  company may adjust its rates for basic network services under
  52-26  Subsection (c) of Section 20C upon notice to the commission.  The
  52-27  notice to the commission of a rate adjustment shall be accompanied
   53-1  with sufficient documentary support to demonstrate that the rate
   53-2  adjustment meets the criteria in Section 20C(c).  The commission
   53-3  shall establish by rule or order the documentation to be required
   53-4  under this subsection.
   53-5        (b)  Notice to customers shall be published once in a
   53-6  newspaper of general circulation in the service area to be affected
   53-7  within a reasonable time period after the notice for a rate
   53-8  adjustment is provided to the commission, and shall be included in
   53-9  or on the bill of each affected consumer in the next billing
  53-10  subsequent to the filing with the commission.  The notice shall
  53-11  contain a title that includes the name of the company and the words
  53-12  "NOTICE OF POSSIBLE RATE CHANGE."  The notice shall contain the
  53-13  following information:
  53-14              (1)  A statement that the consumer's rate may change;
  53-15              (2)  An estimate of the amount of the annual change for
  53-16  the typical residential, business or access consumers that would
  53-17  result if the rate adjustment is approved by the commission.  The
  53-18  estimate shall be printed in a type style and size that are
  53-19  distinct from and larger than the type style and size of the body
  53-20  of the notice; and,
  53-21              (3)  A statement that a consumer who desires to comment
  53-22  on the rate adjustment or who desires additional details regarding
  53-23  the rate adjustment may call or write the commission.  The
  53-24  statement required under this subdivision shall also include the
  53-25  telephone number and address of the commission and a statement that
  53-26  additional details will be provided free of charge to the consumer
  53-27  and at the expense of the company.
   54-1        (c)  The commission shall review the adjusted rates to ensure
   54-2  that the proposed adjustment conforms to the requirements of
   54-3  Subsection (c) of Section 20C.  A rate adjustment pursuant to
   54-4  Subsection (c)(1), (2), (3) or (5) of Section 20C shall take effect
   54-5  90 days from the date of completion of notice.
   54-6        (d)  For purpose of the pricing parameters contained in
   54-7  Section 20C, 20E and 20F of this Article, local exchange companies
   54-8  having 5 percent or fewer of the total access lines in this state
   54-9  may adopt the price, if determined based on a long run incremental
  54-10  cost study, for the same or substantially similar services offered
  54-11  by a larger local exchange company without the requirement of
  54-12  presenting long run incremental cost studies.
  54-13        (e)  Either by complaint filed by an affected party or on the
  54-14  commission's own motion at any time prior to the rate adjustment
  54-15  taking effect, the commission may suspend the effective date of the
  54-16  rate adjustment and hold a hearing to review a rate set pursuant to
  54-17  Subsection (c)(1), (2), (3) or (5) of Section 20C and after the
  54-18  review issue an order approving, modifying, or rejecting the rate
  54-19  adjustment if it is not in compliance with these subsections.  Any
  54-20  order modifying or rejecting the proposed rate adjustment shall
  54-21  specify each reason why the proposed adjustment is not in
  54-22  compliance with the provisions of subsection (c)(1), (2), (3) or
  54-23  (5) of Section 20C and the means by which such proposed adjustment
  54-24  may be brought into compliance.
  54-25        (f)  Any rate restructure pursuant to Subsection (c) of
  54-26  Section 20C shall follow the notice and hearing procedures set
  54-27  forth in Section 43(a)-(c) of this Act.
   55-1        Sec. 20E.  BASKET II:  DISCRETIONARY SERVICES.  (a)  Basket
   55-2  II services shall include all services or functions provided by the
   55-3  electing company that have not been granted pricing flexibility in
   55-4  a particular geographic market, and which have not been listed
   55-5  under Baskets I or III.
   55-6        (b)  The following services are initially classified as
   55-7  discretionary services in Basket II as of September 1, 1995:
   55-8              (1)  1+ IntraLATA Message Toll Services, where equal
   55-9  access is available;
  55-10              (2)  0+, 0- Operator Services;
  55-11              (3)  Call Waiting, Call Forwarding and custom calling
  55-12  features not listed in Basket III;
  55-13              (4)  Call Return, Caller ID and call control options
  55-14  not listed in Basket III;
  55-15              (5)  Central Office Based PBX-Type Services
  55-16              (6)  Billing and Collection Services;
  55-17              (7)  Integrated Services Digital Network (ISDN)
  55-18  Services; and,
  55-19              (8)  New Services.
  55-20        The commission shall have the authority to reclassify a
  55-21  service from Basket I to Basket II or Basket III, or from Basket II
  55-22  to Basket III, consistent with the criteria described in Section
  55-23  20G of this Act.
  55-24        (c)  The prices for each Basket II service or function
  55-25  provided by the electing company shall be set above the LRIC cost.
  55-26  The commission shall set the reasonable price ceiling over and
  55-27  above LRIC cost, but such ceiling shall not be set below or above
   56-1  the rate in effect on September 1, 1995.  The ceiling may be raised
   56-2  only after the proceedings required under Subsections 47B.
   56-3  Thereafter the commission may change the price ceiling but may not
   56-4  increase the ceiling more than 10 percent annually.  Within the
   56-5  range of the LRIC floor and the price ceiling, the local exchange
   56-6  company may change the price of each service including utilizing
   56-7  volume and term discounts, zone density pricing, packaging of
   56-8  services, customer specific pricing and other promotional pricing
   56-9  flexibility.  The placement of a service in Basket II does not
  56-10  preclude a local exchange company from using any of the regulatory
  56-11  treatments authorized by or pursuant to Section 18 of this Act.
  56-12  Discounts and other forms of pricing flexibility shall be cost
  56-13  based and may not be preferential, prejudicial, or discriminatory.
  56-14        Sec. 20F.  BASKET III:  COMPETITIVE SERVICES.  (a)  The
  56-15  following services are Basket III competitive services and shall be
  56-16  subject to pricing flexibility as of September 1, 1995:
  56-17              (1)  Services described in the WATS tariff as of
  56-18  January 1, 1995;
  56-19              (2)  800 and Foreign Exchange Services;
  56-20              (3)  Private Line Service;
  56-21              (4)  Special Access Service;
  56-22              (5)  Services from Public Pay Telephones;
  56-23              (6)  Paging Services and Mobile Services (IMTS);
  56-24              (7)  911 Premises Equipment;
  56-25              (8)  Speed Dialing; and,
  56-26              (9)  Three Way Calling.
  56-27        The commission shall have the authority to reclassify a
   57-1  service from Basket I to Basket II or Basket III or from Basket II
   57-2  to Basket III, consistent with the criteria described in Section
   57-3  20G of this Act.
   57-4        (b)  The electing company may set the price for the service
   57-5  at any level above the service's LRIC, in compliance with the
   57-6  imputation rules established under Section 47B.  Permissible
   57-7  pricing flexibility includes volume and term discounts, zone
   57-8  density pricing, packaging of services, customer specific contracts
   57-9  and other promotional pricing flexibility except as provided in
  57-10  Section 47B (a).  Discounts and other forms of pricing flexibility
  57-11  shall be cost based and may not be preferential, prejudicial, or
  57-12  discriminatory.  However, an electing local exchange company may
  57-13  not increase the price of a service in a geographic area where that
  57-14  service is not readily available from a competitor.
  57-15        (c)  No later than January 1, 1998, the commission shall
  57-16  initiate a review and evaluation of any local exchange company
  57-17  electing treatment pursuant to Articles IV or V herein to include,
  57-18  but not limited to, consumer benefits, impact of competition,
  57-19  infrastructure investments, and quality of service.  The commission
  57-20  shall file a report and its recommendations to the legislature by
  57-21  January 1, 1999, as to whether the incentive regulation plan should
  57-22  be extended, modified, eliminated, or replaced with some other form
  57-23  of regulation.  The legislature, based on the commission's report,
  57-24  may authorize the commission to take action to extend, modify,
  57-25  eliminate, or replace the incentive plan as provided in Sections IV
  57-26  and V herein.
  57-27        Sec. 20G.  TRANSFERRING SERVICES.  In determining whether to
   58-1  transfer services from Basket I to Basket II or Basket III, or from
   58-2  Basket II to Basket III the commission shall establish standards
   58-3  which consider factors including the following:
   58-4        (a)  availability of the service from other providers;
   58-5        (b)  the proportion of the market that currently receives the
   58-6  service;
   58-7        (c)  the effect of the transfer on subscribers of the
   58-8  service; and
   58-9        (d)  the nature of the service.
  58-10        The commission may not transfer any service from one basket
  58-11  to another until full implementation of all competitive safeguards
  58-12  required by Section 47B (b), (c), (d), (e), (f), (g) and (h).
  58-13        Sec. 20H.  INFRASTRUCTURE COMMITMENT.  (a)  Electing
  58-14  companies under Section 20B shall make an infrastructure commitment
  58-15  in writing to the Governor and commission, committing to make a
  58-16  telecommunications infrastructure investment in the state.  The
  58-17  electing company will invest in the improvement and development of
  58-18  the state telecommunications infrastructure in the following
  58-19  manner:
  58-20        (a)  This infrastructure investment will be made in its
  58-21  service territory during the six (6) year period following the
  58-22  notification by the local exchange company that it will become an
  58-23  electing company.  The infrastructure investment shall include the
  58-24  following network enhancements and special rates:
  58-25              (1)  Upon customer request, the electing company shall
  58-26  provide broadband service capable of providing transmission speeds
  58-27  of at least 45 megabits per second for customer applications to any
   59-1  education institution as defined in Section 96B, public library,
   59-2  public or not-for-profit hospital or primary health care provider,
   59-3  and criminal justice facility (including county and state
   59-4  courthouses).
   59-5              (2)  Educational institutions, public libraries, or
   59-6  hospitals receiving the services provided pursuant to this section
   59-7  shall not be assessed special constructions or installation
   59-8  charges.
   59-9              (3)  Where the distance learning customer group has 10
  59-10  or fewer locations, the electing company shall provide a discount
  59-11  of 35 percent greater than its preferred customer monthly charges
  59-12  for equivalent services for a direct connection of the service
  59-13  between each location and the central office which serves as the
  59-14  operating hub for the applicable distance learning customer group.
  59-15  Notwithstanding the pricing flexible pricing authorized in this
  59-16  Act, the electing company's rates for this service may not be
  59-17  increased for 4 years from the date of election.  An educational
  59-18  institution may elect this rate treatment or the discount provided
  59-19  in Section 96B.
  59-20              (4)  Where the telemedicine customer group has 10 or
  59-21  fewer locations, the electing company shall provide a discount of
  59-22  35 percent greater than its preferred customer monthly charges for
  59-23  equivalent services for a direct connection of the service between
  59-24  each location and the central office which serves as the operating
  59-25  hub for the applicable distance learning customer group.
  59-26  Notwithstanding the pricing flexible pricing authorized in this
  59-27  Act, the electing company's rates for this service may not be
   60-1  increased for 4 years from the date of election.
   60-2              (5)  Upon request for 1.544 megabits per second private
   60-3  line or special access service, there shall be a 35 percent
   60-4  discount greater than the applicable tariff or special access rate
   60-5  for preferred monthly charges for equivalent services for
   60-6  educational institutions and public libraries.  This is in lieu of
   60-7  the discount provided in Section 96B.
   60-8              (6)  Upon request a distance learning customer group
   60-9  having 10 or fewer locations where there are different special
  60-10  access or tariff rates for individual customers within the serving
  60-11  group used to provide the basis for the discount, the electing
  60-12  company shall request special access rates for the distance
  60-13  learning customer group based on the most cost effective rate
  60-14  structure for the distance learning customer group.
  60-15              (7)  The electing company of 1 million access lines or
  60-16  more that is obligated to make an investment and incur expenses to
  60-17  accomplish the requirements of Subsections (a) and (b) will
  60-18  prioritize its investment for serving areas where one or more
  60-19  counties having less than 10,000 access lines with populations of
  60-20  less than 20,000 that have been designated as critically
  60-21  underserved medically or designated as having school districts of
  60-22  less than 3000 students.
  60-23        (b)  As to an electing company serving 5,000,000 access lines
  60-24  or more, the obligation to make investment and incur expenses to
  60-25  accomplish the requirements of Subsections (a) and (b) is $1.1
  60-26  billion over the six (6) year period.  For an electing company with
  60-27  more than 5,000,000 access lines in this state, if 5 years after a
   61-1  company's election, demand for broadband facilities as described in
   61-2  subsection (a) has not required an electing local exchange company
   61-3  to invest the entire amount specified in subsection (a) or to have
   61-4  plans for such investment in the sixth year, the company and the
   61-5  Commission shall agree upon a plan in which the company commits to
   61-6  (1)  invest the unspent balance remaining in the infrastructure
   61-7  plan described under this subsection and/or (2)  make a grant equal
   61-8  to the unspent balance to the "Telecommunications Infrastructure
   61-9  Fund" identified in Subsection 96B.  For an electing company
  61-10  serving more than one million access line and less than 5 million
  61-11  access lines, the obligation to make investments and incur expenses
  61-12  to accomplish the requirements of subsections (a) and (b) is $300
  61-13  million over the six (6) year period.  For an electing company with
  61-14  more than one million access lines but less than 5 million access
  61-15  lines in this state, if 5 years after a company's election, demand
  61-16  for broadband facilities as described in subsection (a) has not
  61-17  required an electing local exchange company to invest the entire
  61-18  amount specified in subsection (a) or to have plans for such
  61-19  investment in the sixth year, the company and the Commission shall
  61-20  agree upon a plan in which the company commits to (1)  invest the
  61-21  unspent balance remaining in the infrastructure plan described
  61-22  under this subsection and/or (2)  make a grant equal to the unspent
  61-23  balance to the "Infrastructure Grant Fund" identified in Subsection
  61-24  96B.
  61-25        (c)  "Distance learning customer group" is a group of
  61-26  educational institutions' premises and/or public libraries which
  61-27  conduct distance learning and information sharing programs with and
   62-1  among each other.  The number of premises of a group may be subject
   62-2  to the technical limitations of the service.
   62-3        (d)  "Telemedicine customer group" is a group of hospitals
   62-4  and primary health care facilities which conduct telemedicine
   62-5  programs with and among each other.  The number of premises of a
   62-6  group may be subject to the technical limitations of the service.
   62-7        (e)  Each electing company shall file a report with the
   62-8  Commission each year on the anniversary date of its election which
   62-9  sets forth its progress on its infrastructure commitment.  The
  62-10  report shall include:
  62-11              (1)  The institutions requesting service pursuant to
  62-12  Section 20I
  62-13              (2)  The institutions served pursuant to Section 20(I)
  62-14              (3)  Investment and expense in previous period and
  62-15  cumulative for all periods
  62-16              (4)  Any such information that the Commission deems
  62-17  necessary.
  62-18     ARTICLE V.  INFRASTRUCTURE PLAN FOR RATE OF RETURN COMPANIES
  62-19        Sec. 20H.  POLICY.  It is the policy of the legislature that
  62-20  those local exchange companies which do not elect to be regulated
  62-21  under Article IV should nevertheless have incentives to deploy
  62-22  infrastructure which will benefit the citizens of this state, while
  62-23  maintaining reasonable local rates and universal service.
  62-24        Sec. 20I.  ELECTION.  (a)  Any local exchange company serving
  62-25  less than five percent of the access lines in this state which has
  62-26  not elected incentive regulation pricing under Section 20B may
  62-27  elect for an infrastructure plan under this section by notifying
   63-1  the commission in writing of its election under this section.
   63-2        (b)  "Election date" means the date that the notice under
   63-3  this section is received at the commission.
   63-4        (c)  For a period of six (6) years after the election date,
   63-5  an electing local exchange company shall not seek an increase in
   63-6  any rate previously established for that company under this Act,
   63-7  except for the charges permitted under Section 93A, and in the
   63-8  following circumstances and only upon commission approval that the
   63-9  proposed change is within the following parameters:
  63-10              (1)  Government-imposed changes in costs.  Following
  63-11  the effective date of this Act, the commission, on its own
  63-12  authority, on the complaint of any affected person, or on the
  63-13  motion of the electing company, may adjust prices for basic network
  63-14  services to reflect government-imposed changes in the electing
  63-15  company's costs of providing telecommunications services resulting
  63-16  from one or more of the following events and in the following
  63-17  manner:
  63-18                    (A)  a decrease in the corporate federal income
  63-19  tax rate of 10 percent or more of that rate or in any state or
  63-20  local tax or municipal or governmental assessment;
  63-21                    (B)  an increase in the corporate federal income
  63-22  tax rate of 10 percent or more of that rate or in any state or
  63-23  local tax or municipal or governmental assessment in any one year
  63-24  of 10 percent or more, or any newly enacted state or local tax or
  63-25  municipal or governmental assessment
  63-26                    (C)  any change in separations procedures by the
  63-27  Federal Communications Commission which results in an increase in
   64-1  annual intrastate net income;
   64-2                    (D)  any change in separations procedures by the
   64-3  Federal Communications Commission which results in a decrease in
   64-4  annual intrastate net income which is greater than 10 percent;
   64-5                    (E)  a mandated change in Financial Accounting
   64-6  Standards Board (FASB) requirements which decreases the cost of the
   64-7  components to which it applies by 10 percent or more in any one
   64-8  year that affects net income.
   64-9                    (F)  a mandated change in Financial Accounting
  64-10  Standards Board (FASB) requirements which increases the cost of the
  64-11  components to which it applies by 10 percent or more in any one
  64-12  year that affects net income;
  64-13                    (G)  a change by the commission in service
  64-14  standards applicable to that company's basic local
  64-15  telecommunications services or features to be provided as a
  64-16  component of basic local telecommunications service.
  64-17              (2)  Index.  If, after 42 months following the local
  64-18  exchange company's election an electing company in this state is in
  64-19  compliance with its infrastructure commitment, all quality of
  64-20  services requirements, and all commission rules enacted pursuant to
  64-21  Section 47B, upon application of the local exchange company, the
  64-22  commission may undertake a proceeding to review the need for
  64-23  changes in the basic network services.  The commission may adjust
  64-24  rates, implement new pricing plans, restructure rates or rebalance
  64-25  revenues between basic network services to recognize changed market
  64-26  conditions and the effects of competitive entry.  The commission
  64-27  may utilize an index and a productivity offset in determining these
   65-1  changes.  The commission may not order an increase in residential
   65-2  local exchange service that would cause those rates to increase by
   65-3  more than the U.S. CPI in any twelve month period.  In no case
   65-4  shall the new monthly rate exceed the nationwide average of local
   65-5  exchange rates for like services.  A company electing to receive
   65-6  regulatory transition fund receipts pursuant to Section 98B shall
   65-7  not be permitted to increase switched access rates under this
   65-8  subdivision
   65-9              (3)  Regulatory Transition Fund.  The increases
  65-10  permitted by Section 98B.
  65-11              (4)  Rate Group Reclassification.  A rate group
  65-12  reclassification occurring as a result of access line growth shall
  65-13  be allowed by the commission upon request of the electing company.
  65-14        (d)  If, subsequent to the enactment of this section, a local
  65-15  exchange company notifies the commission in writing of its election
  65-16  to the alternative infrastructure plan under Section 20I, an
  65-17  electing company shall not for a period of six (6) years after the
  65-18  election date, under any circumstances be subject to any complaint
  65-19  or hearing as to the reasonableness of its rates applied pursuant
  65-20  to Article V, its overall revenues, its return on invested capital
  65-21  or its net income as long as the electing local exchange company is
  65-22  complying with its infrastructure commitment pursuant to Section
  65-23  20J nor shall an electing company be subject to a complaint that
  65-24  any particular rate is excessive.  In addition, no rules and
  65-25  regulations of such company shall be changed by the commission
  65-26  which will have the effect of reducing that company's revenues.
  65-27  However, the company may make an application which will have this
   66-1  effect.  The initial competitive safeguards required by Section 47B
   66-2  shall not be prohibited by this section.  Nothing herein shall
   66-3  restrict any consumer's right to complain to the commission
   66-4  regarding quality of service or the commission's right to enforce
   66-5  its quality of service standards.  The commission shall not
   66-6  increase service standards applicable to the provision of local
   66-7  exchange service by electing companies where the increased
   66-8  investment required to comply with the increased standard exceeds
   66-9  in any one year 10 percent of the local exchange company's average
  66-10  annual intrastate additions in capital investment for the most
  66-11  recent 5 years period.  In calculating the average, the local
  66-12  exchange company shall exclude extraordinary investments made
  66-13  during the five year period.
  66-14        (e)  Upon application of an electing local exchange company,
  66-15  the commission may allow a company to withdraw its election under
  66-16  this section but shall not do so without good cause.  For the
  66-17  purpose of this section good cause shall only include matters which
  66-18  were beyond the control of the local exchange company.
  66-19        (f)  Nothing in this section shall prohibit any local
  66-20  exchange company from making an election under Section 20B at any
  66-21  time, and in the event of such election, the infrastructure
  66-22  commitment made under Section 20J will offset any infrastructure
  66-23  commitment required in connection with the Section 20B election.
  66-24        (g)  The rates capped in subsection (c) as a result of a
  66-25  company's election shall be the rates charged by the company at the
  66-26  date of its election without regard to proceedings pending under
  66-27  Sections 42, 69 or Subchapter G of the Administrative Procedure
   67-1  Act.
   67-2        Sec. 20J.  INFRASTRUCTURE COMMITMENT.  (a)  Electing
   67-3  companies under Section 20I shall make an infrastructure commitment
   67-4  in writing to the Governor and commission, committing to make the
   67-5  following telecommunications infrastructure investment in the state
   67-6  over a six year period following their election.  The
   67-7  infrastructure investment shall include the following network
   67-8  enhancements and special rates:
   67-9              (1)  Upon customer request, the electing company shall
  67-10  provide broadband service capable of providing transmission speeds
  67-11  of at least 45 megabits per second for customer applications to any
  67-12  education institution as defined in Section 96B, public library,
  67-13  public or not-for-profit hospital or primary medical care facility,
  67-14  and criminal justice facility (including county and state
  67-15  courthouses).
  67-16              (2)  Educational institutions, public libraries, or
  67-17  hospitals receiving the services provided pursuant to this section
  67-18  shall not be assessed special constructions or installation
  67-19  charges.
  67-20        (b)  The electing company's infrastructure investment
  67-21  obligation over the six year period shall be an amount equal to 15
  67-22  percent of the company's intrastate revenues in the year of
  67-23  election.
  67-24        (c)  Upon request for 1.544 megabits per second private line
  67-25  or special access service, there shall be a 35 percent discount
  67-26  greater than the applicable tariff or special access rate for
  67-27  preferred monthly charges for equivalent services for educational
   68-1  institutions and public libraries.  This is in lieu of the discount
   68-2  provided in Section 96B.
   68-3        (d)  If 5 years after a company's election, demand for
   68-4  broadband facilities as described in Subsection (a) has not
   68-5  required an electing local exchange company to invest the entire
   68-6  amount specified in Subsection (a) or to have plans for such
   68-7  investment in the sixth year, the company and the Commission shall
   68-8  agree upon a plan in which the company commits to (1)  invest the
   68-9  unspent balance remaining in the infrastructure plan described
  68-10  under this subsection and/or (2)  make a grant equal to the unspent
  68-11  balance to the "Telecommunications Infrastructure Fund" identified
  68-12  in Subsection 96B.  An electing company investment qualifies as a
  68-13  Texas infrastructure development commitment only if the investment
  68-14  is in addition to the company's annual capital investment averaged
  68-15  over the three years preceding the date of   the election.  However
  68-16  the electing company may apply to the commission for a
  68-17  determination that extraordinary expenditures justify using a
  68-18  different method for determining the level of investment above
  68-19  which the expenditure qualifies as an infrastructure commitment
  68-20  under this section.
  68-21        (e)  Each electing company shall file a report with the
  68-22  Commission each year on the anniversary date of its election which
  68-23  sets forth its progress on its infrastructure commitment.  The
  68-24  report shall include:
  68-25              (1)  The institutions requesting service pursuant to
  68-26  Section 20I
  68-27              (2)  The institutions served pursuant to Section 20(I)
   69-1              (3)  Investment and expense in previous period and
   69-2  cumulative for all periods
   69-3              (4)  Any such information that the Commission deems
   69-4  necessary.
   69-5                   ARTICLE <IV>. VI. MUNICIPALITIES
   69-6        Sec. 21.  Nothing in this Act shall be construed as in any
   69-7  way limiting the rights and powers of a municipality to grant or
   69-8  refuse franchises to use the streets and alleys within its limits
   69-9  and to make the statutory charges for the use thereof, but no
  69-10  provision of any franchise agreement shall limit or interfere with
  69-11  any power conferred on the commission by this Act.  If a
  69-12  municipality performs regulatory functions under this Act, it may
  69-13  make such other charges as may be provided in the applicable
  69-14  franchise agreement, together with any other charges permitted by
  69-15  this Act.  Nothing in this Act shall be construed as in any way
  69-16  limiting the right of a public utility to pass through municipal
  69-17  fees, including any increase in municipal fees.  Any public utility
  69-18  which traditionally passes through municipal fees shall promptly
  69-19  pass through any reductions.
  69-20        Sec. 22.  Notwithstanding any other provision of this
  69-21  section, municipalities shall continue to regulate each kind of
  69-22  local utility service inside their boundaries until the commission
  69-23  has assumed jurisdiction over the respective utility pursuant to
  69-24  this Act.  If a municipality does not surrender its jurisdiction,
  69-25  local utility service within the boundaries of the municipality
  69-26  shall be exempt from regulation by the commission under the
  69-27  provisions of this Act to the extent that this Act applies to local
   70-1  service, and the municipality shall have, regarding service within
   70-2  its boundaries, the right to exercise the same regulatory powers
   70-3  under the same standards and rules as the commission, or other
   70-4  standards and rules not inconsistent therewith.  Notwithstanding
   70-5  any such election, the commission may consider a public utility's
   70-6  revenues and return on investment in exempt areas in fixing rates
   70-7  and charges in nonexempt areas, and may also exercise the powers
   70-8  conferred necessary to give effect to orders under this Act, for
   70-9  the benefit of nonexempt areas.  Likewise, in fixing rates and
  70-10  charges in the exempt area, the governing body may consider a
  70-11  public utility's revenues and return on investment in nonexempt
  70-12  areas.  Utilities serving exempt areas shall be subject to the
  70-13  reporting requirements of this Act.  Such reports shall be filed
  70-14  with the governing body of the municipality as well as the
  70-15  commission.  Nothing in this section shall limit the duty and power
  70-16  of the commission to regulate service and rates of municipally
  70-17  regulated utilities for service provided to other areas in Texas.
  70-18        Sec. 23.  Any municipality regulating its public utilities
  70-19  pursuant to this Act shall require from those utilities all
  70-20  necessary data to make a reasonable determination of rate base,
  70-21  expenses, investment, and rate of return within the municipal
  70-22  boundaries.  The standards for such determination shall be based on
  70-23  the procedures and requirements of this Act and said municipality
  70-24  shall retain any and all personnel necessary to make the
  70-25  determination of reasonable rates required under this Act.
  70-26        Sec. 24.  (a)  The governing body of any municipality
  70-27  participating in or conducting ratemaking proceedings shall have
   71-1  the right to select and engage rate consultants, accountants,
   71-2  auditors, attorneys, engineers, or any combination thereof, to
   71-3  conduct investigations, present evidence, advise and represent the
   71-4  governing body, and assist with litigation in public utility
   71-5  ratemaking proceedings before the governing body, any regulatory
   71-6  authority, or in court.  The public utility engaged in such
   71-7  proceedings shall be required to reimburse the governing body for
   71-8  the reasonable costs of such services to the extent found
   71-9  reasonable by the applicable regulatory authority.
  71-10        (b)  Municipalities shall have standing in all cases before
  71-11  the commission regarding utilities serving within their corporate
  71-12  limits subject to the right of the commission to determine standing
  71-13  in cases involving retail service area disputes involving two or
  71-14  more utilities and to consolidate municipalities on issues of
  71-15  common interest and shall be entitled to judicial review of orders
  71-16  regarding said proceedings in accordance with Section 69 of the
  71-17  Act.
  71-18        Sec. 25.  The commission may advise and assist municipalities
  71-19  upon request in connection with questions and proceedings arising
  71-20  under this Act.  Such assistance may include aid to municipalities
  71-21  in connection with matters pending before the commission or the
  71-22  courts, or before the governing body of any municipality, including
  71-23  making members of the staff available as witnesses and otherwise
  71-24  providing evidence to them.
  71-25        Sec. 26.  (a)  Any party to a rate proceeding before the
  71-26  governing body of a municipality may appeal the decision of the
  71-27  governing body to the commission.
   72-1        (b)  Citizens of a municipality may appeal the decision of
   72-2  the governing body in any rate proceeding to the commission through
   72-3  the filing of a petition for review signed by the lesser of 20,000
   72-4  or 10 percent of the number of qualified voters of such
   72-5  municipality.
   72-6        Text of Sec. 26(c) as amended by Acts 1989, 71st Leg., Ch.
   72-7  325, Sec. 1:
   72-8        (c)  Ratepayers of a municipally owned electric utility
   72-9  outside the municipal limits may appeal any action of the governing
  72-10  body affecting the rates of the municipally owned electric utility
  72-11  though filing with the commission petition for review signed by the
  72-12  lesser of 10,000 or 5 percent of the ratepayers served by such
  72-13  utility outside the municipal limits.  For purposes of this
  72-14  subsection each person receiving a separate bill shall be
  72-15  considered as a ratepayer.  But no person shall be considered as
  72-16  being more than one ratepayer notwithstanding the number of bills
  72-17  received.  Such petition for review shall be considered properly
  72-18  signed if signed by any person, or spouse of any such person, in
  72-19  whose name residential utility service is carried.  Not later than
  72-20  the 90th day after the date on which a petition for review that
  72-21  meets the requirements to this subsection is filed, the
  72-22  municipality shall file with the commission a rate application that
  72-23  complies in all material respects with the rules and forms
  72-24  prescribed by the commission.  The commission may, for good cause
  72-25  shown, extend the time period for filing the rate application.
  72-26        Text of Sec. 26(c) as amended by Acts 1989, 71st Leg., Ch.
  72-27  1167, Sec. 1:
   73-1        (c)(1)  Ratepayers of a municipally owned electric utility
   73-2  outside the municipal limits may appeal any action of the governing
   73-3  body affecting the rates of the municipally owned electric utility
   73-4  through filing with the commission a petition for review signed by
   73-5  the lesser of 10,000 or 5 percent of the ratepayers served by such
   73-6  utility outside the municipal limits.  For purposes of this
   73-7  subsection each person receiving a separate bill shall be
   73-8  considered as a ratepayer.  But no person shall be considered as
   73-9  being more than one ratepayer notwithstanding the number of bills
  73-10  received.  Such petition for review shall be considered properly
  73-11  signed if signed by any person, or spouse of any such person, in
  73-12  whose name residential utility service is carried.  The
  73-13  municipality that owns the electric utility shall on request
  73-14  disclose to any person the number of ratepayers who reside outside
  73-15  the municipal limits.  The municipality shall provide the
  73-16  information by telephone or in a written form, as preferred by the
  73-17  person making the request.  The municipality may not charge a fee
  73-18  for providing the information.  The municipality shall on request
  73-19  provide to any person a list of the names and addresses of the
  73-20  ratepayers who reside outside the municipal limits.  The
  73-21  municipality may charge a reasonable fee to cover the cost of
  73-22  providing the list.
  73-23              (2)  Not later the 14th day after the date on which the
  73-24  governing body makes a final decision, the municipality shall issue
  73-25  a written report stating the effect of the decision on each class
  73-26  of ratepayers.  The appeal process shall be instituted by filing a
  73-27  petition for review with the commission and serving copies on all
   74-1  parties to the original rate proceeding.  The petition must be
   74-2  filed not later than the 45th day after the date on which the
   74-3  municipality issues the written report prescribed by this
   74-4  subsection.
   74-5        (d)  Any municipally owned electric utility whose rates have
   74-6  been or are appealed under Subsection (c) of this section, and for
   74-7  which the commission has ordered or orders a decrease in annual
   74-8  nonfuel base revenues which exceeds the greater of $25,000,000 or
   74-9  10 percent of the utility's nonfuel base revenues, as calculated on
  74-10  a total system basis (without regard to the municipal utility's
  74-11  corporate boundaries) and established in the rate ordinance or
  74-12  ordinances appealed from, and for which the commission has found or
  74-13  finds that the rates paid by the combined residential or any other
  74-14  major customer class (other than any class or classes where the
  74-15  city is itself the customer of the municipally owned utility) are
  74-16  removed from cost of service levels to the extent that, under the
  74-17  nonfuel base revenue requirement adopted by the commission (as
  74-18  computed on a total system basis without regard to the
  74-19  municipality's corporate boundaries), a change in a nonfuel base
  74-20  rate revenues in excess of 50% from adjusted test year levels would
  74-21  be required to move that class to a relative rate of return of
  74-22  unity (1.00 or 100%) under the cost of service methodology adopted
  74-23  by the commission in an appeal under Subsection (c) of this
  74-24  section, shall thereafter be subject to the following:
  74-25              (1)  For a period of 10 years beginning on the later of
  74-26  the effective date of this subsection, or the effective date of the
  74-27  rate ordinance which was the subject of the commission's final
   75-1  order invoking the application of this subsection, the commission
   75-2  shall have appellate jurisdiction over the rates charged by the
   75-3  municipally owned utility, both inside and outside such
   75-4  municipality's corporate limits, in the same manner and subject to
   75-5  the same commission powers and authority set forth in this Act for
   75-6  public utilities, but specifically limited as follows:
   75-7                    (A)  The commission shall have the jurisdiction
   75-8  to review the cost allocation and rate design methodologies adopted
   75-9  by the City Council or other governing body of the municipally
  75-10  owned utility subject to this subsection.
  75-11                          (i)  If the commission finds that such cost
  75-12  of service methodologies result in rates which are unjust,
  75-13  unreasonable, or unreasonably discriminatory or unduly preferential
  75-14  to any customer class, then the commission may order the
  75-15  implementation of ratesetting methodologies which the commission
  75-16  finds reasonable.
  75-17                          (ii)  The commission shall ensure that no
  75-18  customer class, other than any class or classes where the city is
  75-19  itself the customer of the municipally owned utility, pays rates
  75-20  which result in a relative rate of return exceeding 115 percent
  75-21  under the cost-of-service methodology found reasonable by the
  75-22  commission, provided that no customer class experience a percentage
  75-23  base rate increase that is greater than 1-1/2  times the system
  75-24  average base increase.  In moving above-cost classes toward
  75-25  cost-of-service levels, those classes farthest above cost shall be
  75-26  moved sequentially toward cost, such that no above-cost class moves
  75-27  toward cost until no other class or classes are further removed
   76-1  from cost.
   76-2                          (iii)  The municipality may, as a matter of
   76-3  intra-class rate design, design residential rates to accomplish
   76-4  reasonable energy conservation goals, notwithstanding any other
   76-5  provision of this Act.
   76-6                    (B)  The commission's jurisdiction under this
   76-7  subsection may be invoked by any party to the local rate
   76-8  proceedings required by this subsection, in the same manner as
   76-9  appeals of the rates of public utilities under Subsection (a) of
  76-10  this section.  Provided, however, that the commission's
  76-11  jurisdiction under this subsection shall not extend to the
  76-12  municipally owned utility's revenue requirements, whether base rate
  76-13  or fuel revenues, its invested capital, its return on invested
  76-14  capital, its debt service coverage ratio, or the level of any
  76-15  transfer of revenues from the utility to the municipality's general
  76-16  fund.
  76-17              (2)  The City Council or other governing board of a
  76-18  municipally owned utility subject to this subsection shall
  76-19  establish procedures similar to those procedures employed by
  76-20  municipalities which have retained original jurisdiction under
  76-21  Section 17(a) of this Act to regulate public utilities operating
  76-22  within such municipalities' corporate boundaries.  Such procedures
  76-23  shall include a public hearing process in which affected ratepayers
  76-24  are granted party status on request and are grouped for purposes of
  76-25  participation in accordance with their common or divergent
  76-26  interests, including but not limited to the particular interests of
  76-27  all-electric and out-of-city residential ratepayers.  Provided,
   77-1  however, that nothing in this Act or this subsection shall require
   77-2  the City Council or governing board of the municipally owned
   77-3  utility to which this subsection applies to employ or establish
   77-4  procedures that require the use of the Texas Rules of Evidence, the
   77-5  Texas Rules of Civil Procedure, or the presentation of sworn
   77-6  testimony or other forms of sworn evidence.  The City Council or
   77-7  other governing board shall appoint a consumer advocate to
   77-8  represent the interests of residential and small commercial
   77-9  ratepayers in the municipality's local rate proceedings.  The
  77-10  consumer advocate's reasonable costs of participation in said
  77-11  proceedings, including the reasonable costs of ratemaking
  77-12  consultants and expert witnesses, shall be funded by and recovered
  77-13  from such residential and small commercial ratepayers.
  77-14              (3)  The Public Utility Commission shall establish
  77-15  rules applicable to any party to an appeal under Subsection (c) of
  77-16  this section that provide for the public disclosure of financial
  77-17  and in-kind contributions and expenditures related to preparation
  77-18  of and filing of a petition for appeal and in preparation of expert
  77-19  testimony or legal representation for an appeal.  Any party or
  77-20  customer who is a member of a party who makes a financial
  77-21  contribution or in-kind contribution to assist in an appeal of
  77-22  another party or customer class under Subsection (c) of this
  77-23  section shall, upon a finding of the commission to that effect, be
  77-24  required to pay the municipally owned utility a penalty equivalent
  77-25  in amount to two times the contribution.  Nothing in this
  77-26  subsection shall be construed to limit the right of any party or
  77-27  customer to expend funds to represent its own interests following
   78-1  the filing of a petition with the Public Utility Commission under
   78-2  Subsection (c) of this section.
   78-3        (e)  Any municipally owned electric utility whose rates have
   78-4  been or are appealed under Subsection (c) of this section, and for
   78-5  which the commission has ordered or orders a decrease in annual
   78-6  nonfuel base revenues which exceeds the greater of $25,000,000 or
   78-7  10 percent of the utility's nonfuel base revenues, as calculated on
   78-8  a total system basis (without regard to the municipal utility's
   78-9  corporate boundaries) and established in the rate ordinance or
  78-10  ordinances appealed from, and for which the commission has found or
  78-11  finds that the rates paid by the combined residential or any other
  78-12  major customer class (other than any class or classes where the
  78-13  city is itself the customer of the municipally owned utility) are
  78-14  removed from cost of service levels to the extent that, under the
  78-15  nonfuel base revenue requirement adopted by the commission (as
  78-16  computed on a total system basis without regard to the
  78-17  municipality's corporate boundaries), a change in nonfuel base rate
  78-18  revenues in excess of 50 percent from adjusted test year levels
  78-19  would be required to move that class to a relative rate of return
  78-20  of unity (1.00 or 100%) under the cost of service methodology
  78-21  adopted by the commission in an appeal under Subsection (c) of this
  78-22  section, shall thereafter be subject to the following:
  78-23              (1)  For a period of 10 years beginning on the later of
  78-24  the effective date of this subsection, or the effective date of the
  78-25  rate ordinance which was the subject of the commission's final
  78-26  order invoking the application of this subsection, the commission
  78-27  shall have appellate jurisdiction over the rates charged by the
   79-1  municipally owned utility, outside the municipality's corporate
   79-2  limits, in the manner and to the extent provided in this
   79-3  subsection.
   79-4              (2)  Ratepayers of a municipally owned utility subject
   79-5  to this subsection who reside outside the municipality's corporate
   79-6  limits may appeal any action of the governing body affecting the
   79-7  rates charged by the municipally owned electric utility outside the
   79-8  corporate limits through filing with the commission a petition for
   79-9  review in accordance with the same procedures, requirements, and
  79-10  standards applicable to appeals brought under Subsection (c) of
  79-11  this section, except as otherwise specifically provided in this
  79-12  subsection.  The petition for review must plainly disclose that the
  79-13  cost of bringing and pursuing the appeal will be funded by a
  79-14  surcharge on the monthly electric bills of outside-city ratepayers
  79-15  in a manner prescribed by the commission.
  79-16                    (A)  Upon commission approval of the sufficiency
  79-17  of a petition, the appellants shall submit for the approval of the
  79-18  Office of Public Utility Counsel a budget itemizing the scope and
  79-19  expected cost of consultant services to be purchased by the
  79-20  appellants in connection with the appeal.
  79-21                    (B)  After a final order has been entered by the
  79-22  commission in the appeal, the consultant and legal costs approved
  79-23  by public counsel as reasonable shall be assessed by the
  79-24  municipality on a per capita basis among residential ratepayers who
  79-25  reside outside the municipality.  Surcharges shall be assessed in a
  79-26  one-time charge not later than 120 days following entry of the
  79-27  commission's final order.  Costs incurred by the appellants shall
   80-1  be reimbursed by the municipality within not later than 90 days
   80-2  following the date the commission enters it final order.
   80-3                    (C)  The municipality shall not include the costs
   80-4  associated with its defense of an appeal under this subsection in
   80-5  the rates of outside-city ratepayers.  Nor shall the municipality,
   80-6  if it appeals from an order entered by the commission under this
   80-7  subsection, include the costs associated with its appeal in the
   80-8  rates of ratepayers who reside outside the city.
   80-9                    (D)  Ratepayers who appeal under this subsection
  80-10  may not receive funding for rate case expenses except from
  80-11  residential ratepayers who reside outside the municipality's
  80-12  boundaries or from other municipalities inside whose corporate
  80-13  limits the municipally owned utility provides service.  The
  80-14  commission shall adopt rules for the reporting of financial and
  80-15  in-kind contributions in support of appeals brought under this
  80-16  subsection.  Upon a finding by the commission than an appellant has
  80-17  received contributions from any source other than outside-city
  80-18  ratepayers or such other municipalities, the appeal and orders of
  80-19  the commission entered therein shall be null and void.
  80-20              (3)  In appeals under this subsection, the commission
  80-21  shall have jurisdiction and authority to review and ensure that the
  80-22  revenue requirements of any municipally owned utility subject to
  80-23  this subsection are reasonable, but such jurisdiction and authority
  80-24  does not extend to regulation of the use and level of any transfer
  80-25  of the utility's revenues to the municipality's general fund.  The
  80-26  commission shall also have jurisdiction and authority to review the
  80-27  cost allocation and rate design methodologies adopted by the
   81-1  governing body of the municipally owned utility.  If the commission
   81-2  finds that such cost of service methodologies result in rates which
   81-3  are unjust, unreasonable, or unreasonably discriminatory or unduly
   81-4  preferential to any customer class, then the commission may order
   81-5  the implementation of ratesetting methodologies which the
   81-6  commission finds reasonable; provided, however, that the
   81-7  commission's jurisdiction under this subsection shall not encompass
   81-8  matters of intra-class residential rate design.
   81-9              (4)  An intervenor in an appeal brought under this
  81-10  subsection shall be limited to presenting testimony and evidence on
  81-11  cost allocation and rate design methodologies, except that
  81-12  intervenors may present evidence and testimony in support of the
  81-13  municipality on issues related to utility revenues.
  81-14              (5)  An appellant ratepayer residing outside the
  81-15  corporate limits of a municipally owned utility subject to this
  81-16  subsection shall, in appealing from a rate ordinance or other
  81-17  ratesetting action of the municipality's governing board, elect to
  81-18  petition for review under either Subsection (c) of this section or
  81-19  this subsection.
  81-20        (f)  The appeal process shall be instituted within 30 days of
  81-21  the final decision by the governing body with the filing of a
  81-22  petition for review with the commission and copies served on all
  81-23  parties to the original rate proceeding.
  81-24        (g)  The commission shall hear such appeal de novo based on
  81-25  the test year presented to the municipality and by its final order
  81-26  shall fix such rates as the municipality should have fixed in the
  81-27  ordinance from which the appeal was taken.  In the event that the
   82-1  commission fails to enter its final order:  (1)  for proceedings
   82-2  involving the rates of a municipally owned utility, within 185 days
   82-3  from the date on which the appeal is perfected or on which the
   82-4  utility files a rate application as prescribed by Subsection (c) of
   82-5  this section; or (2)  for proceedings in which similar relief has
   82-6  also been concurrently sought from the commission under its
   82-7  original jurisdiction, within 120 days from the date such appeal is
   82-8  perfected or the date upon which final action must be taken in the
   82-9  similar proceedings so filed with the commission whichever shall
  82-10  last occur; or (3)  in all other proceedings, within 185 days from
  82-11  the date such appeal is perfected, the schedule of rates proposed
  82-12  by the utility shall be deemed to have been approved by the
  82-13  commission and effective upon the expiration of said applicable
  82-14  period.  Any rates, whether temporary or permanent, set by the
  82-15  commission shall be prospective and observed from and after the
  82-16  applicable order of the commission, except interim rate orders
  82-17  necessary to effect uniform system-wide rates.
  82-18      ARTICLE <V> VII.  RECORDS, REPORTS, INSPECTIONS, RATES AND
  82-19                               SERVICES
  82-20        Sec. 27.  (a)  Every public utility shall keep and render to
  82-21  the regulatory authority in the manner and form prescribed by the
  82-22  commission uniform accounts of all business transacted.  The
  82-23  commission may also prescribe forms of books, accounts, records,
  82-24  and memoranda to be kept by such public utilities, including the
  82-25  books, accounts, records, and memoranda of the rendition of and
  82-26  capacity for service as well as the receipts and expenditures of
  82-27  moneys, and any other forms, records, and memoranda which in the
   83-1  judgment of the commission may be necessary to carry out any of the
   83-2  provisions of this Act.  In the case of any public utility subject
   83-3  to regulations by a federal regulatory agency, compliance with the
   83-4  system of accounts prescribed for the particular class of utilities
   83-5  by such agency may be deemed a sufficient compliance with the
   83-6  system prescribed by the commission; provided, however, that the
   83-7  commission may prescribe forms of books, accounts, records, and
   83-8  memoranda covering information in addition to that required by the
   83-9  federal agency.  The system of accounts and the forms of books,
  83-10  accounts, records, and memoranda prescribed by the commission for a
  83-11  public utility or class of utilities shall not conflict nor be
  83-12  inconsistent with the systems and forms established by a federal
  83-13  agency for that public utility or class of utilities.
  83-14        (b)  The commission shall fix proper and adequate rates and
  83-15  methods of depreciation, amortization, or depletion of the several
  83-16  classes of property of each public utility, and shall require every
  83-17  public utility to carry a proper and adequate depreciation account
  83-18  in accordance with such rates and methods and with such other rules
  83-19  and regulations as the commission prescribes.  Upon application of
  83-20  a utility, the commission shall fix depreciation rates that promote
  83-21  deployment of new technology and infrastructure.  In setting such
  83-22  rates it shall consider depreciation practices of non-regulated
  83-23  telecommunications providers.  Such rates, methods, and accounts
  83-24  shall be utilized uniformly and consistently through the
  83-25  ratesetting and appeal proceedings.
  83-26        (c)  Every public utility shall keep separate accounts to
  83-27  show all profits or losses resulting from the sale or lease of
   84-1  appliances, fixtures, equipment, or other merchandise.  No such
   84-2  profit or loss shall be taken into consideration by the regulatory
   84-3  authority in arriving at any rate to be charged for service by any
   84-4  such public utility, to the extent that such merchandise is not
   84-5  integral to the provision of utility service.
   84-6        (d)  Every public utility is required to keep and render its
   84-7  books, accounts, records, and memoranda accurately and faithfully
   84-8  in the manner and form prescribed by the commission, and to comply
   84-9  with all directions of the regulatory authority relating to such
  84-10  books, accounts, records, and memoranda.  The regulatory authority
  84-11  may require the examination and audit of all accounts.
  84-12        (e)  In determining the allocation of tax savings derived
  84-13  from application of such methods as liberalized depreciation and
  84-14  amortization and the investment tax credit, the regulatory
  84-15  authority shall equitably balance the interests of present and
  84-16  future customers and shall apportion such benefits between
  84-17  consumers and the public utilities accordingly.  Where any portion
  84-18  of the investment tax credit has been retained by a public utility,
  84-19  that same amount shall be deducted from the original cost of the
  84-20  facilities or other addition to the rate base to which the credit
  84-21  applied, to the extent allowed by the Internal Revenue Code.
  84-22        (f)  For the purposes of this section, "public utility"
  84-23  includes "municipally owned utility."
  84-24        Sec. 28.   (a)  The commission shall have the power to:
  84-25              (1)  require that public utilities report to it such
  84-26  information relating to themselves and affiliated interests both
  84-27  within and without the State of Texas as it may consider useful in
   85-1  the administration of this Act;
   85-2              (2)  establish forms for all reports;
   85-3              (3)  determine the time for reports and the frequency
   85-4  with which any reports are to be made;
   85-5              (4)  require that any reports be made under oath;
   85-6              (5)  require that a copy of any contract or arrangement
   85-7  between any public utility and any affiliated interest be filed
   85-8  with it.  It may require any such contract or arrangement not in
   85-9  writing to be reduced to writing and filed with it;
  85-10              (6)  require that a copy of any report filed with any
  85-11  federal agency or any governmental agency or body of any other
  85-12  state be filed with it; and
  85-13              (7)  require that a copy of annual reports showing all
  85-14  payments of compensation (other than salary or wages subject to the
  85-15  withholding of federal income tax) to residents of Texas, or with
  85-16  respect to legal, administrative, or legislative matters in Texas,
  85-17  or for representation before the Texas Legislature or any
  85-18  governmental agency or body.
  85-19        (b)  On the request of the governing body of any
  85-20  municipality, the commission may provide sufficient staff members
  85-21  to advise and consult with such municipality on any pending matter.
  85-22        Sec. 29.   (a)  Any regulatory authority, and when authorized
  85-23  by the regulatory authority, its counsel, agents, and employees,
  85-24  shall have the right, at reasonable times and for reasonable
  85-25  purposes, to inspect and obtain copies of the papers, books,
  85-26  accounts, documents, and other business records, and to inspect the
  85-27  plant, equipment, and other property of any public utility within
   86-1  its jurisdiction.  The regulatory authority may examine under oath,
   86-2  or it may authorize the person conducting such investigation to
   86-3  examine under oath, any officer, agent, or employee of any public
   86-4  utility in connection with such investigation.  The regulatory
   86-5  authority may require, by order or subpoena served on any public
   86-6  utility, the production within this state at the time and place it
   86-7  may designate, of any books, accounts, papers, or records kept by
   86-8  that public utility outside the state, or verified copies in lieu
   86-9  thereof if the commission so orders.  Any public utility failing or
  86-10  refusing to comply with any such order or subpoena is in violation
  86-11  of this Act.
  86-12        (b)(1)  A member, agent, or employee of the regulatory
  86-13  authority may enter the premises occupied by a public utility to
  86-14  make inspections, examinations, and tests and to exercise any
  86-15  authority provided by this Act.
  86-16              (2)  A member, agent, or employee of the regulatory
  86-17  authority may act under this section only during reasonable hours
  86-18  and after giving reasonable notice to the utility.
  86-19              (3)  The public utility is entitled to be represented
  86-20  when inspections, examinations, and tests are made on its premises.
  86-21  Reasonable time for the utility to secure a representative shall be
  86-22  allowed before commencing an inspection, examination, or test.
  86-23        (c)  The regulatory authority may inquire into the management
  86-24  and affairs of all public utilities, and shall keep itself informed
  86-25  as to the manner and method in which the same are conducted.
  86-26        Sec. 30.   The regulatory authority may require an annual
  86-27  reporting from each utility company of all its expenditures for
   87-1  business gifts and entertainment, and institutional,
   87-2  consumption-inducing and other advertising or public relations
   87-3  expenses.  The regulatory authority shall not allow as costs or
   87-4  expenses for rate-making purposes any of these expenditures which
   87-5  the regulatory authority determines not to be in the public
   87-6  interest.  The cost of legislative-advocacy expenses shall not in
   87-7  any case be allowed as costs or expenses for rate-making purposes.
   87-8  Reasonable charitable or civic contributions may be allowed not to
   87-9  exceed the amount approved by the regulatory authority.
  87-10        Sec. 31.   It shall be unlawful for any utility to charge,
  87-11  collect, or receive any rate for public utility service or to
  87-12  impose any rule or regulation other than as herein provided.
  87-13        Sec. 32.   Every public utility shall file with each
  87-14  regulatory authority schedules showing all rates which are subject
  87-15  to the original or appellate jurisdiction of the regulatory
  87-16  authority and which are in force at the time for any public utility
  87-17  service, product, or commodity offered by the utility.  Every
  87-18  public utility shall file with, and as a part of such schedules,
  87-19  all rules and regulations relating to or affecting the rates,
  87-20  public utility service, product, or commodity furnished by such
  87-21  utility.
  87-22        Sec. 33.   Every public utility shall have an office in a
  87-23  county of this state in which its property or some part thereof is
  87-24  located in which it shall keep all books, accounts, records, and
  87-25  memoranda required by the commission to be kept, except that books,
  87-26  accounts records or memoranda may be removed from the state so long
  87-27  as such books, accounts, records or memoranda are returned to the
   88-1  state for any inspection by the commission which is authorized by
   88-2  this Act.
   88-3        Sec. 34.   (a)  The regulatory authority shall prescribe
   88-4  regulations governing communications by public utilities, their
   88-5  affiliates and their representatives, with the regulatory authority
   88-6  or any member or employee of the regulatory authority.
   88-7        (b)  Such records shall contain the name of the person
   88-8  contacting the regulatory authority or member or employee of the
   88-9  regulatory authority, the name of the business entities
  88-10  represented, a brief description of the subject matter of the
  88-11  communication, and the action, if any, requested by the public
  88-12  utility, affiliate, or representative.  These records shall be
  88-13  available to the public on a monthly basis.
  88-14        Sec. 35.   (a)  Every public utility shall furnish such
  88-15  service, instrumentalities, and facilities as shall be safe,
  88-16  adequate, efficient, and reasonable.
  88-17        (b)  The regulatory authority after reasonable notice and
  88-18  hearing had on its own motion or on complaint, may ascertain and
  88-19  fix just and reasonable standards, classifications, regulations, or
  88-20  practices to be observed and followed by any or all public
  88-21  utilities with respect to the service to be furnished; ascertain
  88-22  and fix adequate and reasonable standards for the measurement of
  88-23  the quantity, quality, pressure, initial voltage, or other
  88-24  condition pertaining to the supply of the service; prescribe
  88-25  reasonable regulations for the examination and testing of the
  88-26  service and for the measurement thereof; and establish or approve
  88-27  reasonable rules, regulations, specifications, and standards to
   89-1  secure the accuracy of all meters, instruments and equipment used
   89-2  for the measurement of any service of any public utility.  Any
   89-3  standards, classifications, regulations, or practices now or
   89-4  hereafter observed or followed by any public utility may be filed
   89-5  by it with the regulatory authority, and the same shall continue in
   89-6  force until amended by the public utility or until changed by the
   89-7  regulatory authority as herein provided.
   89-8        (c)  The commission shall require all holders of certificates
   89-9  of convenience and necessity and certificates of operating
  89-10  authority in the state to provide at the applicable tariff rate, to
  89-11  all customers, no later than December 31, 2000:
  89-12              (1)  single party service;
  89-13              (2)  tone-dialing;
  89-14              (3)  basic Custom Calling Features;
  89-15              (4)  equal access for interLATA interexchange carriers
  89-16  upon bona fide request; and
  89-17              (5)  upon customer request digital switching capability
  89-18  in all exchanges, provided by a digital switch in the exchange or
  89-19  by connection to a digital switch in another exchange.
  89-20        The commission may temporarily waive these requirements on a
  89-21  showing of good cause.  The commission may not consider the cost of
  89-22  implementing Subsection (c) in determining whether an electing
  89-23  company is entitled to a rate increase under Article IV or V or
  89-24  Section 98.
  89-25        <(c)> (d)  Notwithstanding any other provision of law, all
  89-26  lines owned by a public utility for the transmission and/or
  89-27  distribution of electric energy shall be constructed, operated, and
   90-1  maintained, as to clearances, in accordance with the National
   90-2  Electrical Safety Code Standard ANSI (c)(2), as adopted by the
   90-3  American National Safety Institute and in effect at the time of
   90-4  construction.
   90-5        Sec. 36.  (a)  The regulatory authority may examine and test
   90-6  any meter, instrument, or equipment used for the measurement of any
   90-7  service of any public utility and may enter any premises occupied
   90-8  by any public utility for the purpose of making such examinations
   90-9  and tests and exercising any power provided for in this Act and may
  90-10  set up and use on such premises any apparatus and appliances
  90-11  necessary therefor.  The public utility shall have the right to be
  90-12  represented at the making of the examinations, tests, and
  90-13  inspections.  The public utility and its officers and employees
  90-14  shall facilitate the examinations, tests, and inspections by giving
  90-15  every reasonable aid to the regulatory authority and any person or
  90-16  persons designated by the regulatory authority for the duties
  90-17  aforesaid.
  90-18        (b)  Any consumer or user may have any meter or measuring
  90-19  device tested by the utility once without charge, after a
  90-20  reasonable period to be fixed by the regulatory authority by rule,
  90-21  and at shorter intervals on payment of reasonable fees fixed by the
  90-22  regulatory authority.  The regulatory authority shall declare and
  90-23  establish reasonable fees to be paid for other examining and
  90-24  testing such meters and other measuring devices on the request of
  90-25  the consumer.  If the test is requested to be made within the
  90-26  period of presumed accuracy as fixed by the regulatory authority
  90-27  since the last such test of the same meter or other measuring
   91-1  device, the fee to be paid by the consumer or user at the time of
   91-2  his request shall be refunded to the consumer or user if the meter
   91-3  or measuring device is found unreasonably defective or incorrect to
   91-4  the substantial disadvantage of the consumer or user.  If the
   91-5  consumer's request is made at a time beyond the period of presumed
   91-6  accuracy fixed by the regulatory authority since the last such test
   91-7  of the same meter or measuring device, the utility shall make the
   91-8  test without charge to the consumer or user.
   91-9                 ARTICLE VIII.  ELECTRONIC PUBLISHING
  91-10        Sec. 36A.  (a)  Electronic Publishing:
  91-11              (1)  Prohibition.  Local exchange companies and any
  91-12  affiliate shall not engage in the provision of electronic
  91-13  publishing that is disseminated by means of such local exchange
  91-14  company's or any of its affiliates' basic telephone service.
  91-15              (2)  Permitted activities of separated affiliate.
  91-16  Nothing in this section shall prohibit a separated affiliate or
  91-17  electronic publishing joint venture from engaging in the provision
  91-18  of electronic publishing or any other lawful service in any area.
  91-19              (3)  Rule of construction.  Nothing in this section
  91-20  shall prohibit local exchange companies or affiliates from engaging
  91-21  in the provision of any lawful service other than electronic
  91-22  publishing in any area or from engaging in the provision of
  91-23  electronic publishing that is not disseminated by means of such
  91-24  local exchange companies or any of their affiliates basic telephone
  91-25  service.
  91-26        (b)  Separated affiliate or electronic publishing joint
  91-27  venture requirements.   A separated affiliate or electronic
   92-1  publishing joint venture shall:
   92-2              (1)  maintain books, records, and accounts that are
   92-3  separate from those of the local exchange companies and from any
   92-4  affiliate and that record in accordance with generally accepted
   92-5  accounting principles all transactions, whether direct or indirect,
   92-6  with the local exchange companies;
   92-7              (2)  not incur debt in a manner that would permit a
   92-8  creditor upon default to have recourse to the assets of the local
   92-9  exchange companies;
  92-10              (3)  prepare financial statements that are not
  92-11  consolidated with those of the local exchange company or an
  92-12  affiliate, provided that consolidated statements may also be
  92-13  prepared;
  92-14              (4)  file with the commission annual reports in a form
  92-15  substantially equivalent to the Form 10-K required by regulations
  92-16  of the Securities and Exchange;
  92-17              (5)  after 1 year from the effective date of this
  92-18  section not hire
  92-19                    (A)  as corporate officers, sales and marketing
  92-20  management personnel whose responsibilities as the separated
  92-21  affiliate or electronic publishing joint venture will include the
  92-22  geographic areas where the local exchange company provides basic
  92-23  telephone service;
  92-24                    (B)  network operations personnel whose
  92-25  responsibilities at the separated affiliate or electronic
  92-26  publishing joint venture would require dealing directly with the
  92-27  local exchange company; or
   93-1                    (C)  any person who was employed by the local
   93-2  exchange company during the year preceding their date of hire,
   93-3                    except that the requirements of this paragraph
   93-4  shall not apply to persons subject to a collective bargaining
   93-5  agreement that gives such persons rights to be employed by a
   93-6  separated affiliate or electronic publishing joint venture of the
   93-7  local exchange company;
   93-8              (6)  not provide any wireline telephone exchange
   93-9  service in any telephone exchange area where a local exchange
  93-10  company with which it is under common ownership or control provides
  93-11  basic telephone exchange service except on a resale basis;
  93-12              (7)  not use the name, trademarks, or service marks of
  93-13  an existing local exchange company except for names, trademarks, or
  93-14  service marks that are of were used in common with the entity that
  93-15  owns or control the local exchange company;
  93-16              (8)  have performed annually by March 31, or any other
  93-17  date prescribed by the commission, a compliance review:
  93-18                    (A)  that is conducted by an independent entity
  93-19  that is subject to professional, legal, and ethical obligations for
  93-20  the purpose of determining compliance during the preceding calendar
  93-21  year with any provision of this section that imposes a requirement
  93-22  on such separated affiliate or electronic publishing joint venture;
  93-23  and
  93-24                    (B)  the results of which are maintained by the
  93-25  separated affiliate for a period of 5 years subject to review by
  93-26  any lawful authority;
  93-27              (9)  within 90 days of receiving a review described in
   94-1  paragraph (8), file a report of any exceptions and corrective
   94-2  action with the commission and allow any person to inspect and copy
   94-3  such report subject to reasonable safeguards to protect any
   94-4  proprietary information contained in such report from being used
   94-5  for purposed other than to enforce or pursue remedies under this
   94-6  section.
   94-7        (c)  Local Exchange Company Requirements.  A local exchange
   94-8  company under common ownership or control with a separated
   94-9  affiliate or electronic publishing joint venture shall
  94-10              (1)  not provide a separated affiliate any facilities,
  94-11  services, or basic telephone service information unless it makes
  94-12  such facilities, services, or information available to unaffiliated
  94-13  entities upon request and on the same terms and conditions;
  94-14              (2)  carry out transactions with a separated affiliate
  94-15  in a manner equivalent to the manner that unrelated parties would
  94-16  carry out independent transactions and not based upon the
  94-17  affiliation;
  94-18              (3)  carry out transactions with a separated affiliate,
  94-19  which involve the transfer of personnel, assets, or anything of
  94-20  value, pursuant to written contracts or tariffs that are filed with
  94-21  the commission and made publicly available;
  94-22              (4)  carry out transactions with a separated affiliate
  94-23  in a manner that is auditable in accordance with generally accepted
  94-24  auditing standards;
  94-25              (5)  value any assets that are transferred to a
  94-26  separated affiliate at the greater of net book cost or fair market
  94-27  value;
   95-1              (6)  value any assets that are transferred to the local
   95-2  exchange company by its separated affiliate at the lesser of net
   95-3  book cost or fair market value;
   95-4              (7)  except for
   95-5                    (A)  instances where the local Federal
   95-6  Communications Commission or commission regulations permit
   95-7  in-arrears payment for tariffed telecommunications services; or
   95-8                    (B)  the investment by an affiliate of dividends
   95-9  or profits derived from a local exchange company, not provide debt
  95-10  or equity financing directly or indirectly to a separated
  95-11  affiliate;
  95-12              (8)  comply fully with all applicable Federal
  95-13  Communications Commission and commission cost allocation and other
  95-14  accounting rules;
  95-15              (9)  have performed annually by March 31, or any other
  95-16  date prescribed by the commission, a compliance review
  95-17                    (A)  that is conducted by an independent entity
  95-18  that is subject to professional, legal, and ethical obligations for
  95-19  the purpose of determining compliance during the preceding calendar
  95-20  year with any provision of this section that imposes a requirement
  95-21  on such local exchange company; and
  95-22                    (B)  the results of which are maintained by the
  95-23  local exchange company for a period of 5 years subject to review by
  95-24  any local authority;
  95-25              (10)  within 90 days of receiving a review described in
  95-26  paragraph (9), file a report of any exceptions and corrective
  95-27  action with the commission and allow any person to inspect and copy
   96-1  such report subject to reasonable safeguards to protect any
   96-2  proprietary information contained in such report from being used
   96-3  for purposes other than to enforce or pursue remedies under this
   96-4  section;
   96-5              (11)  if it provides facilities or services for
   96-6  telecommunication, transmission, billing and collection, or
   96-7  expanded interconnection to any electronic publisher, including a
   96-8  separated affiliate, for use with or in connection with the
   96-9  provision of electronic publishing that is disseminated by means of
  96-10  such local exchange company's or any of its affiliates' basic
  96-11  telephone service, provide to all other electronic publishers the
  96-12  same type of facilities and services on request, on the same terms
  96-13  and conditions or as required by the Federal Communications
  96-14  Commission or commission, and unbundled and individually tariffed
  96-15  to the smallest extent that is technically feasible and
  96-16  economically reasonable to provide;
  96-17              (12)  provide network access and interconnections for
  96-18  basic telephone service to electronic publishers at any technically
  96-19  feasible and economically reasonable point within the local
  96-20  exchange company's network and at just and reasonable rates that
  96-21  are tariffed (so long as rates for such services are subject to
  96-22  regulation) and that are not higher on a per unit basis than those
  96-23  charged for such services to any other electronic publisher or any
  96-24  separated affiliate engaged in electronic publishing;
  96-25              (13)  if prices for network access and interconnection
  96-26  for basic telephone service are no longer subject to regulation,
  96-27  provide electronic publishers such services on the same terms and
   97-1  conditions as a separated affiliate receives such services;
   97-2              (14)  if any basic telephone service used by electronic
   97-3  publishers ceases to require a tariff, provide electronic
   97-4  publishers with such service on the same terms and conditions as a
   97-5  separated affiliate receives such service;
   97-6              (15)  provide reasonable advance notification at the
   97-7  same time and on the same terms to all affected electronic
   97-8  publishers of information if such information is within any one or
   97-9  more of the following categories:
  97-10                    (A)  such information is necessary for the
  97-11  transmission or routing of information by an interconnected
  97-12  electronic publisher;
  97-13                    (B)  such information is necessary to ensure the
  97-14  interoperability of an electronic publisher's and the local
  97-15  exchange company's networks; or
  97-16                    (C)  such information concerns changes in basic
  97-17  telephone service network design and technical standards which may
  97-18  affect the provision of electronic publishing;
  97-19              (16)  not directly or indirectly provide anything of
  97-20  monetary value to a separated affiliate unless in exchange for
  97-21  consideration at least equal to the greater of its net book cost or
  97-22  fair market value, except the investment by an affiliate of
  97-23  dividends or profits derived from a local exchange company;
  97-24              (17)  not discriminate in the presentation or provision
  97-25  of any gateway for electronic publishing services or any electronic
  97-26  directory of information services, which is provided over such
  97-27  local exchange company's basic telephone service;
   98-1              (18)  have no directors, officers, or employees in
   98-2  common with a separated affiliate;
   98-3              (19)  not own any property in common with a separated
   98-4  affiliate;
   98-5              (20)  not perform hiring or training of personnel
   98-6  performed on behalf of a separated affiliate;
   98-7              (21)  not perform the purchasing, installation, or
   98-8  maintenance of equipment on behalf of a separated affiliate, except
   98-9  for telephone service that it provides under tariff or contract
  98-10  subject to the provisions of this section; and
  98-11              (22)  not perform research and development on behalf of
  98-12  a separated affiliate.
  98-13        (d)  Customer proprietary network information consistent with
  98-14  Section 232 of the Communications Act of 1934, as amended, and
  98-15  Section 122A of this Act, a local exchange company or any affiliate
  98-16  shall not provide to any electronic publisher, including a
  98-17  separated affiliate or electronic publishing joint venture,
  98-18  customer proprietary network information for use with or in
  98-19  connection with the provision of electronic publishing that is
  98-20  disseminated by means of such local exchange company's or any of
  98-21  its affiliates' basic telephone service that is not made available
  98-22  by the local exchange company or affiliate to all electronic
  98-23  publishers on the same terms and conditions.
  98-24        (e)  Compliance with safeguards.  No local exchange company
  98-25  or affiliate thereof (including a separated affiliate) shall act in
  98-26  concert with another local exchange company or any other entity in
  98-27  order to knowingly and willfully violate or evade the requirements
   99-1  of this section.
   99-2        (f)  Local exchange company dividends.  Nothing in this
   99-3  section shall prohibit an affiliate from investing dividends
   99-4  derived from a local exchange company in its separated affiliate,
   99-5  and subsections (i) and (j) of this section shall not apply to any
   99-6  such investment.
   99-7        (g)  Joint marketing except as provided in subsection (h)
   99-8              (1)  a local exchange company shall not carry out any
   99-9  promotion, marketing, sales, or advertising for or in conjunction
  99-10  with a separated affiliate; and
  99-11              (2)  a local exchange company shall not carry out any
  99-12  promotion, marketing, sales, or advertising for or in conjunction
  99-13  with an affiliate that is related to the provision of electronic
  99-14  publishing.
  99-15        (h)  Permissible joint activities
  99-16              (1)  Joint telemarketing.  A local exchange company may
  99-17  provide inbound telemarketing or referral services related to the
  99-18  provision of electronic publishing for a separated affiliate,
  99-19  electronic publishing joint venture, affiliate, or unaffiliated
  99-20  electronic publisher, provided that if such services are provided
  99-21  to a separated affiliate, electronic publishing joint venture, or
  99-22  affiliate, such services shall be made available to all electronic
  99-23  publishers on request, on nondiscriminatory terms, at compensatory
  99-24  prices, and subject to regulations of the commission to ensure that
  99-25  the local exchange company's method of providing telemarketing or
  99-26  referral and its price structure do not competitively disadvantage
  99-27  any electronic publishers regardless of size, including those which
  100-1  do not use the local exchange company's telemarketing services.
  100-2              (2)  Teaming arrangements.  A local exchange company
  100-3  may engage in nondiscriminatory teaming or business arrangements to
  100-4  engage in electronic publishing with any separated affiliate or
  100-5  with any other electronic publisher provided that the local
  100-6  exchange company only provides facilities, services, and basic
  100-7  telephone service information as authorized by this section and
  100-8  provided that the local exchange company does not own such teaming
  100-9  or business arrangement.
 100-10              (3)  Electronic publishing joint ventures.  A local
 100-11  exchange company or affiliate may participate on a nonexclusive
 100-12  basis in electronic publishing joint ventures with entities that
 100-13  are not any local exchange company, affiliate, or separated
 100-14  affiliate to provide electronic publishing services, provided that
 100-15  the local exchange company or affiliate has not more than a 50
 100-16  percent direct or indirect equity interest (or the equivalent
 100-17  thereof) or the right to more than 50 percent of the gross revenues
 100-18  under a revenue sharing or royalty agreement in any electronic
 100-19  publishing joint venture.  Officers and employees of a local
 100-20  exchange company or affiliate participating in an electronic
 100-21  publishing joint venture may not have more than 50 percent of the
 100-22  voting control over the electronic publishing joint venture.  In
 100-23  the case of joint ventures with small, local electronic publishers,
 100-24  the commission for good cause shown may authorize the local
 100-25  exchange company or affiliate to have a larger equity interest,
 100-26  revenue share, or voting control but not to exceed 80 percent.  A
 100-27  local exchange company participating in an electronic publishing
  101-1  joint venture may provide promotion, marketing, sales, or
  101-2  advertising personnel and services to such joint venture.
  101-3        (i)  Transactions related to the provision of electronic
  101-4  publishing between a local exchange company and any affiliate.
  101-5              (1)  Records of transactions.  Any provision of
  101-6  facilities, services, or basic telephone service information, or
  101-7  any transfer of assets, personnel, or anything of commercial or
  101-8  competitive value, from a local exchange company to any affiliate
  101-9  related to the provision of electronic publishing shall be
 101-10                    (A)  recorded in the books and records of each
 101-11  entity;
 101-12                    (B)  auditable in accordance with generally
 101-13  accepted auditing standards; and
 101-14                    (C)  pursuant to written contracts or tariffs
 101-15  filed with the commission.
 101-16              (2)  Valuation of transfers.  Any transfer of assets
 101-17  directly related to the provision of electronic publishing from a
 101-18  local exchange company to an affiliate shall be valued at the
 101-19  greater of net book cost or fair market value.  Any transfer of
 101-20  assets related to the provision of electronic publishing from an
 101-21  affiliate to the local exchange company shall be valued at the
 101-22  lesser of net book cost or fair market value.
 101-23              (3)  Prohibition of evasions.  A local exchange company
 101-24  shall not provide directly or indirectly to a separated affiliate
 101-25  any facilities, services, or basic telephone service information
 101-26  related to the provision of electronic publishing that are not made
 101-27  available to unaffiliated companies on the same terms and
  102-1  conditions.
  102-2        (j)  Transactions related to the provision of electronic
  102-3  publishing between an affiliate and a separated affiliate.
  102-4              (1)  Records of transactions.  Any facilities,
  102-5  services, or basic telephone service information provided or any
  102-6  assets, personnel, or anything of commercial or competitive value
  102-7  transferred, from a local exchange company to any affiliate as
  102-8  described in subsection (i) and then provided or transferred to a
  102-9  separated affiliate shall be
 102-10                    (A)  recorded in the books and records of each
 102-11  entity;
 102-12                    (B)  auditable in accordance with generally
 102-13  accepted auditing standards; and
 102-14                    (C)  pursuant to written contracts or tariffs
 102-15  filed with the commission.
 102-16              (2)  Valuation of transfers.  Any transfer of assets
 102-17  directly related to the provision of electronic publishing from a
 102-18  local exchange company to any affiliate as described in subsection
 102-19  (i) and then transferred to a separated affiliate shall be valued
 102-20  at the greater of net book cost or fair market value.  Any transfer
 102-21  of assets related to the provision of electronic publishing from a
 102-22  separated affiliate to any affiliate and then transferred to the
 102-23  local exchange company as described in subsection (i) shall be
 102-24  valued at the lesser of net book cost or fair market value.
 102-25              (3)  Prohibition of evasions.  An affiliate shall not
 102-26  provide directly or indirectly to a separated affiliate any
 102-27  facilities, services, or basic telephone service information
  103-1  related to the provision of electronic publishing that are not made
  103-2  available to unaffiliated companies on the same terms and
  103-3  conditions.
  103-4        (k)  Other electronic publishers except as provided in
  103-5  subsection (h)(3):
  103-6              (1)  A local exchange company shall not have any
  103-7  officers, employees, property, or facilities in common with any
  103-8  entity whose principal business is publishing of which a part is
  103-9  electronic publishing.
 103-10              (2)  No officer or employee of a local exchange company
 103-11  shall serve as a director of any entity whose principal business is
 103-12  publishing of which a part is electronic publishing.
 103-13              (3)  For the purposes of paragraphs (1) and (2), a
 103-14  local exchange company or an affiliate that owns an electronic
 103-15  publishing joint venture shall not be deemed to be engaged in the
 103-16  electronic publishing business solely because of such ownership.
 103-17              (4)  A local exchange company shall not carry out:
 103-18                    (A)  any marketing or sales for any entity that
 103-19  engages in electronic publishing; or
 103-20                    (B)  any hiring of personnel, purchasing, or
 103-21  production, for any entity that engages in electronic publishing.
 103-22              (5)  The local exchange company shall not provide any
 103-23  facilities, services, or basic telephone service information to any
 103-24  entity that engages in electronic publishing, for use with or in
 103-25  connection with the provision of electronic publishing that is
 103-26  disseminated by means of such local exchange company's or any of
 103-27  its affiliates' basic telephone service, unless equivalent
  104-1  facilities, services, or information are made available on
  104-2  equivalent terms and conditions to all.
  104-3        (l)  Transition.  Any electronic publishing service being
  104-4  offered to the public by a local exchange company or affiliate on
  104-5  the date of enactment of this section shall have one year from such
  104-6  date of enactment to comply with the requirements of this section.
  104-7        (m)  Sunset.  The provisions of this section shall not apply
  104-8  to conduct occurring after June 30, 2000.
  104-9        (n)  Private right of action
 104-10              (1)  Any person claiming that any act or practice of a
 104-11  local exchange company, affiliate, or separated affiliate
 104-12  constitutes a violation of this article may file a complaint with
 104-13  the commission or bring suit for the recovery of damages, and any
 104-14  such local exchange company, affiliate or separate affiliate shall
 104-15  be liable if such local exchange company does, or causes or permits
 104-16  to be done, any act, matter or thing in this Chapter required to be
 104-17  done.  Such local exchange carrier shall be liable to the person or
 104-18  persons injured thereby for the full amount of damages sustained in
 104-19  consequence of any such violation of the provisions of this
 104-20  Article, together with a reasonable counsel or attorney's fees to
 104-21  be fixed by the court in every case of recovery, which attorney's
 104-22  fees shall be taxed and collected as part of the costs of the case.
 104-23  Damages may not be awarded for a violation that is discovered by a
 104-24  compliance review as required by subsection (b)(8) or (c)(9) of
 104-25  this Article and corrected within 90 days.
 104-26              (2)  Cease and desist orders.  In addition to the
 104-27  provisions of paragraph (1), any person claiming that any act or
  105-1  practice of any local exchange company, affiliate, or separated
  105-2  affiliate constitutes a violation of this section may make
  105-3  application to the commission for an order to cease and desist such
  105-4  violation or may make application in any state district court for
  105-5  an order enjoining such acts or practices or for an order
  105-6  compelling compliance with such requirement.
  105-7        (o)  Antitrust laws.  Nothing in this section shall be
  105-8  construed to modify, impair, or supersede the applicability of any
  105-9  of the antitrust laws.
 105-10        (p)  Definitions.  As used in this section:
 105-11              (1)  The term "affiliate" means any entity that,
 105-12  directly or indirectly, owns or controls, is owned or controlled
 105-13  by, or is under common ownership or control with, a local exchange
 105-14  company.  Such term shall not include a separated affiliate.
 105-15              (2)  The term "basic telephone service" means any
 105-16  wireline telephone exchange service, or wireline telephone exchange
 105-17  facility, provided by a local exchange company in a telephone
 105-18  exchange area, except
 105-19                    (A)  a competitive wireline telephone exchange
 105-20  service provided in a telephone exchange area where another entity
 105-21  provides a wireline telephone exchange service that was provided on
 105-22  January 1, 1984, and a commercial mobile service provided by an
 105-23  affiliate that is required by the Federal Communications Commission
 105-24  to be a corporate entity separate from the local exchange company.
 105-25              (3)  The term "basic telephone service information"
 105-26  means network and customer information of a local exchange company
 105-27  and other information acquired by a local exchange company as a
  106-1  result of its engaging in the provision of basic telephone service.
  106-2              (4)  The term "control" has the meaning that it has in
  106-3  17 C.F.R.  240.12b--2, the regulations promulgated by the
  106-4  Securities and Exchange Commission pursuant to the Securities
  106-5  Exchange Act of 1934 (15 U.S.C. 78a et seq.) or any successor
  106-6  provision to such section.
  106-7              (5)(A)  The term "electronic publishing" means the
  106-8  dissemination, provision, publication, or sale to an unaffiliated
  106-9  entity or person, using a local exchange company's basic telephone
 106-10  service, of:
 106-11                          (i)  news;
 106-12                          (ii)  entertainment (other than interactive
 106-13  games);
 106-14                          (iii)  business, financial, legal,
 106-15  consumer, or credit material;
 106-16                          (iv)  editorials;
 106-17                          (v)  columns;
 106-18                          (vi)  sports reporting;
 106-19                          (vii)  features;
 106-20                          (viii)  advertising;
 106-21                          (ix)  photos or images;
 106-22                          (x)  archival or research material;
 106-23                          (xi)  legal notices or public records;
 106-24                          (xii)  scientific, educational,
 106-25  instructional, technical, professional, trade, or other literary
 106-26  materials; or
 106-27                          (xiii)  other like or similar information.
  107-1                    (B)  The term "electronic publishing" shall not
  107-2  include the following network services:
  107-3                          (i)  Information access, as that term is
  107-4  defined by the Modification of Final Judgment.
  107-5                          (ii)  The transmission of information as a
  107-6  common carrier.
  107-7                          (iii)  The transmission of information as
  107-8  part of a gateway to an information service that does not involve
  107-9  the generation or alteration of the content of information,
 107-10  including data transmission, address translation, protocol
 107-11  conversion, billing management, introductory information content,
 107-12  and navigational systems that enable users to access electronic
 107-13  publishing services, which do not affect the presentation of such
 107-14  electronic publishing services to users.
 107-15                          (iv)  Voice storage and retrieval services,
 107-16  including voice messaging and electronic mail services.
 107-17                          (v)  Level 2 gateway services as those
 107-18  services are defined by the Federal Communications Commission's
 107-19  Second Report and Order, Recommendation to Congress and Second
 107-20  Further Notice of Proposed Rulemaking in CC Docket No.  87-266
 107-21  dated August 14, 1992.
 107-22                          (vi)  Data processing services that do not
 107-23  involve the generation or alteration of the content of information.
 107-24                          (vii)  Transaction processing systems that
 107-25  do not involve the generation or alteration of the content of
 107-26  information.
 107-27                          (viii)  Electronic billing or advertising
  108-1  of a local exchange company's regulated telecommunications
  108-2  services.
  108-3                          (ix)  Language translation.
  108-4                          (x)  Conversion of data from one format to
  108-5  another.
  108-6                          (xi)  The provision of information
  108-7  necessary for the management, control, or operation of a telephone
  108-8  company telecommunications system.
  108-9                          (xii)  The provision of directory
 108-10  assistance that provides names, addresses, and telephone numbers
 108-11  and does not include advertising.
 108-12                          (xiii)  Caller identification services.
 108-13                          (xiv)  Repair and provisioning databases
 108-14  for telephone company operations.
 108-15                          (xv)  Credit card and billing validation
 108-16  for telephone company operations.
 108-17                          (xvi)  911-E and other emergency assistance
 108-18  databases.
 108-19                          (xvii)  Any other network service of a type
 108-20  that is like or similar to these network services and that does not
 108-21  involve the generation or alteration of the content of information.
 108-22                          (xviii)  Any upgrades to these network
 108-23  services that do not involve the generation or alteration of the
 108-24  content of information.
 108-25                    (C)  The term "electronic publishing" also shall
 108-26  not include
 108-27                          (i)  full motion video entertainment on
  109-1  demand; and
  109-2                          (ii)  video programming as defined in
  109-3  Section 602 of the Communications Act of 1934.
  109-4              (6)  The term "electronic publishing joint venture"
  109-5  means a joint venture owned by a local exchange company or
  109-6  affiliate that engages in the provision of electronic publishing
  109-7  which is disseminated by means of such local exchange company's or
  109-8  any of its affiliates' basic telephone service.
  109-9              (7)  The term "entity" means any organization, and
 109-10  includes corporations, partnerships, sole proprietorships,
 109-11  associations, and joint ventures.
 109-12              (8)  The term "inbound telemarketing" means the
 109-13  marketing of property, goods, or services by telephone to a
 109-14  customer or potential customer who initiated the call.
 109-15              (9)  The term "own" with respect to an entity means to
 109-16  have a direct or indirect equity interest (or the equivalent
 109-17  thereof) of more than 10 percent of an entity, or the right to more
 109-18  than 10 percent of the gross revenues of an entity under a revenue
 109-19  sharing or royalty agreement.
 109-20              (10)  The term "separated affiliate" means a
 109-21  corporation under common ownership or control with a local exchange
 109-22  company that does not own or control a local exchange company and
 109-23  is not owned or controlled by a local exchange company and that
 109-24  engage in the provision of electronic publishing which is
 109-25  disseminated by means of such local exchange company's or any of
 109-26  its affiliates' basic telephone service.
 109-27              (11)  Notwithstanding Section 3, and for purposes of
  110-1  this section only, the term "local exchange company" means a
  110-2  company serving in excess of five (5) million access lines in this
  110-3  state and subject to the Modification of Final Judgment or any
  110-4  entity owned or controlled by such corporation, or any successor or
  110-5  assign of such corporation, but does not include an electronic
  110-6  publishing joint venture owned by such corporation or entity
  110-7  permitted by Subsection (h).
  110-8     ARTICLE <VI> IX.  PROCEEDINGS BEFORE THE REGULATORY AUTHORITY
  110-9        Sec. 37.  Subject to the provisions of this Act, the
 110-10  commission is hereby vested with all authority and power of the
 110-11  State of Texas to insure compliance with the obligations of public
 110-12  utilities in this Act.  Except as otherwise provided in this Act,
 110-13  for <For> this purpose the regulatory authority is empowered to fix
 110-14  and regulate rates of public utilities, including rules and
 110-15  regulations for determining the classification of customers and
 110-16  services and for determining the applicability of rates.  No rule
 110-17  or order of the regulatory authority shall be in conflict with the
 110-18  rulings of any federal regulatory body.
 110-19        Sec. 38.  It shall be the duty of the regulatory authority to
 110-20  insure that every rate made, demanded, or received by any public
 110-21  utility, or by any two or more public utilities jointly, shall be
 110-22  just and reasonable.  Rates shall not be unreasonably preferential,
 110-23  prejudicial, or discriminatory, but shall be sufficient, equitable,
 110-24  and consistent in application to each class of consumers.  For
 110-25  ratemaking purposes, the commission may treat two or more
 110-26  municipalities served by a public utility as a single class
 110-27  wherever it deems such treatment to be appropriate.  Approval by
  111-1  the commission of a reduced rate for service for a class of
  111-2  consumers eligible under Section 95 of this Act for tel-assistance
  111-3  service does not constitute a violation of this section.
  111-4        Sec. 39.  (a)  In fixing the rates of a public utility the
  111-5  regulatory authority shall fix its overall revenues at a level
  111-6  which will permit such utility a reasonable opportunity to earn a
  111-7  reasonable return on its invested capital used and useful in
  111-8  rendering service to the public over and above its reasonable and
  111-9  necessary operating expenses.
 111-10        (b)  In fixing a reasonable return on invested capital, the
 111-11  regulatory authority shall consider, in addition to other
 111-12  applicable factors, efforts to comply with the statewide energy
 111-13  plan, the efforts and achievements of such utility in the
 111-14  conservation of resources, the quality of the utility's services,
 111-15  the efficiency of the utility's operations, and the quality of the
 111-16  utility's management.
 111-17        Sec. 40.  Except as hereafter provided, in any proceeding
 111-18  involving any proposed change of rates, the burden of proof to show
 111-19  that the proposed change, if proposed by the utility, or that the
 111-20  existing rate, if it is proposed to reduce the rate, is just and
 111-21  reasonable shall be on the public utility.  In any proceeding
 111-22  involving a local exchange company in which the local exchange
 111-23  company's rate or rates are in issue, the burden of proof that such
 111-24  rate or rates are just and reasonable shall be on the local
 111-25  exchange company.
 111-26        Sec. 41.  The components of invested capital and net income
 111-27  shall be determined according to the following rules:
  112-1        (a)  Invested Capital.  Utility rates shall be based upon the
  112-2  original cost of property used by and useful to the public utility
  112-3  in providing service including construction work in progress at
  112-4  cost as recorded on the books of the utility.  The inclusion of
  112-5  construction work in progress is an exceptional form of rate relief
  112-6  to be granted only upon the demonstration by the utility that such
  112-7  inclusion is necessary to the financial integrity of the utility.
  112-8  Construction work in progress shall not be included in the rate
  112-9  base for major projects under construction to the extent that such
 112-10  projects have been inefficiently or imprudently planned or managed.
 112-11  Original cost shall be the actual money cost, or the actual money
 112-12  value of any consideration paid other than money, of the property
 112-13  at the time it shall have been dedicated to public use, whether by
 112-14  the utility which is the present owner or by a predecessor, less
 112-15  depreciation.
 112-16        (b)  Separations and Allocations.  Costs of facilities,
 112-17  revenues, expenses, taxes, and reserves shall be separated or
 112-18  allocated as prescribed by the regulatory authority.
 112-19        (c)  Net Income.  By "net income" is meant the total revenues
 112-20  of the public utility less all reasonable and necessary expenses as
 112-21  determined by the regulatory authority.  The regulatory authority
 112-22  shall determine expenses and revenues in a manner consistent with
 112-23  the following:
 112-24              (1)  Transactions with Affiliated Interests.  Payment
 112-25  to affiliated interests for cost of any services, or any property,
 112-26  right or thing, or for interest expense shall not be allowed either
 112-27  as capital cost or as expense except to the extent that the
  113-1  regulatory authority shall find such payment to be reasonable and
  113-2  necessary for each item or class of items as determined by the
  113-3  commission.  Any such finding shall include specific findings of
  113-4  the reasonableness and necessity of each item or class of items
  113-5  allowed.  In addition, unless the affiliate calculates its charges
  113-6  to the utility and all other affiliates in a manner consistent with
  113-7  the rules of the FCC, any such finding shall include <and> a
  113-8  finding that the price to the utility is no higher than prices
  113-9  charged by the supplying affiliate to its other affiliates or
 113-10  divisions for the same item or class of items, or to unaffiliated
 113-11  persons or corporations.  <The price paid by gas utilities to
 113-12  affiliated interests for natural gas from Outer Continental Shelf
 113-13  lands shall be subject to a rebuttable presumptions that such price
 113-14  is reasonable if the price paid does not exceed the price permitted
 113-15  by federal regulation if such gas is regulated by a federal agency
 113-16  or if no regulated by a federal agency does not exceed the price
 113-17  paid by nonaffiliated parties for natural gas from Outer
 113-18  Continental Shelf lands.  The burden of establishing that such a
 113-19  price paid is not reasonable shall be on any party challenging the
 113-20  reasonableness of such price.>  If an item or class of items is
 113-21  found to be reasonable and necessary the commission shall determine
 113-22  the reasonable level of the expense to be included in the utility's
 113-23  cost of service.  If the utility shows for any item or class of
 113-24  items that the affiliate charge to the utility is less than the
 113-25  charge by a non-affiliated vendor for the same or similar service,
 113-26  the charge shall be deemed reasonable.
 113-27              (2)  Income Taxes.  If the public utility is a member
  114-1  of an affiliated group that is eligible to file a consolidated
  114-2  income tax return, and if it is advantageous to the public utility
  114-3  to do so, income taxes shall be computed as though a consolidated
  114-4  return had been so filed and the utility had realized its fair
  114-5  share of the savings resulting from the consolidated return, unless
  114-6  it is shown to the satisfaction of the regulatory authority that it
  114-7  was reasonable to choose not to consolidate returns.  The amounts
  114-8  of income taxes saved by a consolidated group of which a public
  114-9  utility is a member by reason of the elimination in the
 114-10  consolidated return of the intercompany profit on purchases by the
 114-11  public utility from an affiliate shall be applied to reduce the
 114-12  cost of the property or services so purchased.  The investment tax
 114-13  credit allowed against federal income taxes, to the extent retained
 114-14  by the utility, shall be applied as a reduction in the rate based
 114-15  contribution of the assets to which such credit applies, to the
 114-16  extent and at such rate as allowed by the Internal Revenue Code.
 114-17              (3)  Expenses Disallowed.  The regulatory authority
 114-18  shall not consider for ratemaking purposes the following expenses:
 114-19                    (A)  legislative advocacy expenses, whether made
 114-20  directly or indirectly, including but not limited to legislative
 114-21  advocacy expenses included in trade association dues;
 114-22                    (B)  payments, except those made under an
 114-23  insurance or risk-sharing arrangement executed before the date of
 114-24  loss, made to cover costs of an accident, equipment failure, or
 114-25  negligence at a utility facility owned by a person or governmental
 114-26  body not selling power inside the State of Texas;
 114-27                    (C)  costs of processing a refund or credit under
  115-1  Subsection (e) of Section 43 of this Act; or
  115-2                    (D)  any expenditure found by the regulatory
  115-3  authority to be unreasonable, unnecessary, or not in the public
  115-4  interest, including but not limited to executive salaries,
  115-5  advertising expenses, legal expenses, and civil penalties or fines.
  115-6                    The regulatory authority may promulgate
  115-7  reasonable rules and regulations with respect to the allowance or
  115-8  disallowance of any expenses for ratemaking purposes.
  115-9        Sec. 41A.   (a)  In this section "qualifying facility" means
 115-10  a qualifying cogenerator or a qualifying small-power producer, as
 115-11  defined by Sections 3(18)(C) and 3(17)(D), respectively, Federal
 115-12  Power Act (16 U.S.C. Sections 796(18)(C) and 796(17)(D)).
 115-13        (b)  If an electric utility and a qualifying facility enter
 115-14  into an agreement providing for the purchase of capacity, the
 115-15  electric utility or qualifying facility may submit a copy of the
 115-16  agreement to the commission for certification under this section.
 115-17  The agreement may provide that it is contingent on that
 115-18  certification.  Before the deadline specified by Subsection (d) of
 115-19  this section, the commission shall determine whether:
 115-20              (1)  the payments provided for in the agreement over
 115-21  the contract term are equal to or less than the utility's avoided
 115-22  costs as established by the commission and in effect at the time
 115-23  the agreement was signed.  Contracts entered into before the
 115-24  effective date of this section may not be submitted for
 115-25  certification by the commission; and
 115-26              (2)  the agreement provides the electric utility the
 115-27  opportunity to acquire the cogeneration or small-power production
  116-1  installation before the installation is offered to another
  116-2  purchaser in the event of its abandonment, or provides other
  116-3  sufficient assurance that the electric utility will be provided
  116-4  with a comparable supply of electricity, if the qualifying facility
  116-5  ceases to operate the installation.
  116-6        (c)  If the commission determines that the agreement meets
  116-7  the requirements of Subdivisions (1) and (2) of Subsection (b) of
  116-8  this section, it shall certify that the agreement meets these
  116-9  requirements.  If the commission does not make a determination
 116-10  under Subsection (b) of this section before the deadline specified
 116-11  by Subsection (d) of this section, the agreement is considered to
 116-12  meet the requirements of Subdivisions (1) and (2) of Subsection (b)
 116-13  of this section and certification is considered granted.  A
 116-14  certification is effective until the earlier of 15 years after the
 116-15  date of the certification or the expiration date of the agreement.
 116-16        (d)  The commission shall make its determination under this
 116-17  section within 90 days after the date that the agreement is
 116-18  submitted, unless before this deadline the electric utility, the
 116-19  qualifying facility, or an affected person requests a hearing or
 116-20  the commission on its own motion decides to hold a hearing.  If a
 116-21  hearing is requested or the commission decides to hold a hearing,
 116-22  the commission shall hold the hearing and make its determination
 116-23  within 120 days after the date that the agreement is submitted,
 116-24  except that this deadline is extended two days for each day in
 116-25  excess of five days on which the commission conducts a hearing on
 116-26  the merits of the case.
 116-27        (e)  In setting the electric utility's rates for a period
  117-1  during which the certification is effective, the regulatory
  117-2  authority shall consider payments made under the agreement to be
  117-3  reasonable and necessary operating expenses of the electric
  117-4  utility.  The regulatory authority shall allow full, concurrent,
  117-5  and monthly recovery of the amount of the payments.
  117-6        Sec. 41B.  Self-insurance.  (a)  A public utility may
  117-7  self-insure all or a portion of its potential liability or
  117-8  catastrophic property loss, including windstorm, fire, and
  117-9  explosion losses which could not have been reasonably anticipated
 117-10  and included under operating and maintenance expenses.  The
 117-11  commission shall approve a self-insurance plan under this section
 117-12  if it finds that the coverage is in the public interest and the
 117-13  plan is a lower cost alternative to purchasing commercial
 117-14  insurance, considering all costs, and that ratepayers will receive
 117-15  the benefits of that saving.
 117-16        (b)  In computing a utility's reasonable and necessary
 117-17  expenses under Subsection (c) of Section 41 of this Act, the
 117-18  regulatory authority shall allow as a necessary expense the funds
 117-19  credited to reserve accounts for the self-insurance, to the extent
 117-20  the regulatory authority finds it in the public interest.  After
 117-21  the reserve account is established, the regulatory authority shall
 117-22  consider if the reserve account has a surplus or shortage in
 117-23  determining the utility's rate base.  A surplus in the reserve
 117-24  account will exist if the charges against the reserve account are
 117-25  less than the funds credited to the reserve.  A shortage in the
 117-26  reserve account will exist if the charges against the account are
 117-27  greater than the funds credited to the reserve.  The regulatory
  118-1  authority shall subtract any surplus from and add any shortage to
  118-2  the rate base.
  118-3        (c)  The regulatory authority shall determine reasonableness
  118-4  under Subsection (B) of this section from information provided at
  118-5  the time the self-insurance plan and reserve account are
  118-6  established and upon the filing of each rate case by a utility that
  118-7  has such a fund.
  118-8        (d)  The commission shall adopt rules governing
  118-9  self-insurance under this section.
 118-10        (e)  The allowance for self-insurance under this Act for
 118-11  ratemaking purposes will not be applicable to nuclear plant
 118-12  investment.
 118-13        Sec. 41B.  The commission shall not have the authority to
 118-14  interfere with employee wages and benefits, working conditions, or
 118-15  other terms or conditions of employment that the product of a
 118-16  collective bargaining agreement recognized under federal law.
 118-17  Employee wage rates and benefit levels that are the product of such
 118-18  bargaining shall be presumed reasonable.
 118-19        Sec. 42.  Whenever the regulatory authority, after reasonable
 118-20  notice and hearing, on its own motion or on complaint by any
 118-21  affected person, finds that the existing rates of any public
 118-22  utility for any service are unreasonable or in any way in violation
 118-23  of any provision of law, the regulatory authority shall determine
 118-24  the just and reasonable rates, including maximum or minimum rates,
 118-25  to be thereafter observed and in force, and shall fix the same by
 118-26  order to be served on the public utility; and such rates shall
 118-27  constitute the legal rates of the public utility until changed as
  119-1  provided in this Act.  Whenever a public utility does not itself
  119-2  produce or generate that which it distributes, transmits, or
  119-3  furnishes to the public for compensation, but obtains the same from
  119-4  another source, the regulatory authority shall have the power and
  119-5  authority to investigate the cost of such production or generation
  119-6  in any investigation of the reasonableness of the rates of such
  119-7  public utility.  Except as provided by Article IV and V, this
  119-8  section does not apply to companies electing into Article IV or V
  119-9  during the election period; however, the commission shall retain
 119-10  jurisdiction to hear and resolve complaints regarding an electing
 119-11  company's compliance with obligations imposed by this Act.
 119-12        Sec. 43.  (a)  No utility may make changes in its rates
 119-13  except by filing a statement of intent with the regulatory
 119-14  authority having original jurisdiction at least 35 days prior to
 119-15  the effective date of the proposed change.  The statement of intent
 119-16  shall include proposed revisions of tariffs and schedules and a
 119-17  statement specifying in detail each proposed change, the effect the
 119-18  proposed change is expected to have on the revenues of the company,
 119-19  the classes and numbers of utility consumers affected, and such
 119-20  other information as may be required by the regulatory authority's
 119-21  rules and regulations.  A copy of the statement of intent shall be
 119-22  mailed or delivered to the appropriate officer of each affected
 119-23  municipality, and notice shall be given by publication in
 119-24  conspicuous form and place of a notice to the public of such
 119-25  proposed change once in each week for four successive weeks prior
 119-26  to the effective date of the proposed change in a newspaper having
 119-27  general circulation in each county containing territory affected by
  120-1  the proposed change, and by mail to such other affected persons as
  120-2  may be required by the regulatory authority's rules and
  120-3  regulations. The regulatory authority may waive the publication of
  120-4  notice requirement prescribed by this subsection in a proceeding
  120-5  that involves a rate reduction for all affected ratepayers only.
  120-6  The applicant shall give notice of the proposed rate change by mail
  120-7  to all affected utility customers.  The regulatory authority by
  120-8  rule shall also define other proceedings for which the publication
  120-9  of notice requirement prescribed by this subsection may be waived
 120-10  on a showing of good cause, provided that no waiver may be granted
 120-11  in any proceeding involving a rate increase to any class or
 120-12  category of ratepayer.
 120-13        (b)  The regulatory authority, for good cause shown, may,
 120-14  except in the case of major changes, allow changes in rate to take
 120-15  effect prior to the end of such 35 day period under such conditions
 120-16  as it may prescribe, subject to suspension as provided herein.  All
 120-17  such changes shall be indicated immediately upon its schedules by
 120-18  such utility.  "Major changes" shall mean an increase in rates
 120-19  which would increase the aggregate revenues of the applicant more
 120-20  than the greater of $100,000 or two and one-half percent, but shall
 120-21  not include changes in rates allowed to go into effect by the
 120-22  regulatory authority or made by the utility pursuant to an order of
 120-23  the regulatory authority after hearings held upon notice to the
 120-24  public.
 120-25        (c)  Whenever there is filed with the regulatory authority
 120-26  any schedule modifying or resulting in a change in any rates then
 120-27  in force, the regulatory authority shall on complaint by any
  121-1  affected person or may on its own motion, at any time within 30
  121-2  days from the date when such change would or has become effective,
  121-3  and, if it so orders, without answer or other formal pleading by
  121-4  the utility, but on reasonable notice, including notice to the
  121-5  governing bodies of all affected municipalities and counties, enter
  121-6  on a hearing to determine the propriety of such change.  The
  121-7  regulatory authority shall hold such a hearing in every case in
  121-8  which the change constitutes a major change in rates, provided that
  121-9  an informal proceeding may satisfy this requirement if no complaint
 121-10  has been received before the expiration of 45 days after notice of
 121-11  the change shall have been filed.  In each case where the
 121-12  commission determines it is in the public interest to collect
 121-13  testimony at a regional hearing for the inclusion in the record,
 121-14  the commission shall hold a regional hearing at an appropriate
 121-15  location.  A regional hearing is not required in a case involving a
 121-16  <water, sewer, or> member-owned utility, unless the commission
 121-17  determines otherwise.
 121-18        (d)  Pending the hearing and decision, the local regulatory
 121-19  authority, after delivery to the affected utility of a statement in
 121-20  writing of its reasons therefore, may suspend the operations of the
 121-21  schedule for a period not to exceed 90 days beyond the date on
 121-22  which the schedule of rates would otherwise go into effect and the
 121-23  commission may suspend the operation of the schedule for a period
 121-24  not to exceed 150 days beyond the date on which the schedule would
 121-25  otherwise go into effect.  If the regulatory authority does not
 121-26  make a final determination concerning any schedule of rates prior
 121-27  to expiration of the period or periods of suspension, the schedule
  122-1  shall be deemed to have been approved by the regulatory authority.
  122-2  However, the 150-day period shall be extended two days for each one
  122-3  day of actual hearing on the merits of the case that exceeds 15
  122-4  days.  This approval is subject to the authority of the regulatory
  122-5  authority thereafter to continue a hearing in progress.  The
  122-6  regulatory authority may in its discretion fix temporary rates for
  122-7  any period of suspension under this section.  During the suspension
  122-8  by the regulatory authority as above provided, the rates in force
  122-9  when the suspended schedule was filed shall continue in force
 122-10  unless the regulatory authority shall establish a temporary rate.
 122-11  The regulatory authority shall give preference to the hearing and
 122-12  decision of questions arising under this section over all other
 122-13  questions pending before it and decide the same as speedily as
 122-14  possible.
 122-15        (e)  If the 150-day period has been extended, as provided for
 122-16  in Subsection (d) of Section 43 of this Act, and the commission
 122-17  fails to make its final determination of rates within 150 days from
 122-18  the date that the proposed change otherwise would have gone into
 122-19  effect, the utility concerned may put a changed rate, not to exceed
 122-20  the proposed rate, into effect upon the filing with the regulatory
 122-21  authority of a bond payable to the regulatory authority in an
 122-22  amount and with sureties approved by the regulatory authority
 122-23  conditioned upon refund and in a form approved by the regulatory
 122-24  authority.  The utility concerned shall refund or credit against
 122-25  future bills all sums collected during the period of suspension in
 122-26  excess of the rate finally ordered plus interest at the current
 122-27  rate as finally determined by the regulatory authority.
  123-1        (f)  If, after hearing, the regulatory authority finds the
  123-2  rates to be unreasonable or in any way in violation of any
  123-3  provision of law, the regulatory authority shall determine the
  123-4  level of rates to be charged or applied by the utility for the
  123-5  service in question and shall fix the same by order to be served
  123-6  upon the utility; these rates are thereafter to be observed until
  123-7  changed, as provided by this Act.  Except as provided by Articles
  123-8  IV and V, this subsection does not apply to companies electing
  123-9  Articles IV and V during the electing period.
 123-10        (g)(1)  A rate or tariff set by the commission shall not
 123-11  authorize a utility to automatically adjust and pass through to its
 123-12  customer changes in fuel or other costs of the utility.
 123-13              (2)(A)  Any revision of a utility's billings to its
 123-14  customers to allow for the recovery of additional fuel costs may be
 123-15  made only upon a public hearing and order of the commission.
 123-16                    (B)  The commission may consider any evidence
 123-17  that is appropriate and in the public interest at such hearing.
 123-18                    (C)  A proceeding under this subsection shall not
 123-19  be considered a rate case under Section 43 of this Act.
 123-20              (3)  The commission may, after a hearing, grant interim
 123-21  relief for fuel cost increases that are the result of unusual and
 123-22  emergency circumstances or conditions.
 123-23              (4)(A)  This subsection applies only to increases or
 123-24  decreases in the cost of purchased electricity which have been:
 123-25                          (i)  accepted by a federal regulatory
 123-26  authority; or
 123-27                          (ii)  approved after a hearing by the
  124-1  Public Utility Commission of Texas.
  124-2                    (B)  The Public Utility Commission of Texas may
  124-3  utilize any appropriate method to provide for the adjustment of the
  124-4  cost of purchased electricity upon such terms and conditions as the
  124-5  commission may determine.  Such purchased electricity costs may be
  124-6  recovered concurrently with the effective date of the changed costs
  124-7  to the purchasing utility or as soon thereafter as is reasonably
  124-8  practical.
  124-9              <(h)  A water or sewer utility exempted in Subsection
 124-10  (a) of this section may change its rates by filing a statement of
 124-11  change with the commission at least 30 days after providing notice
 124-12  of the change to its customers.  The changed rates may be put into
 124-13  effect on the filing of the statement of change.  At the request of
 124-14  one-tenth of the customers of the utility within 60 days after the
 124-15  day the rates are put into effect, the commission may hold a
 124-16  hearing, which may be an informal proceeding.  On a finding by the
 124-17  commission that the changed rates are not just and reasonable, the
 124-18  commission shall set the utility's rates according to its usual
 124-19  procedure.  The utility shall refund or credit against future bills
 124-20  all sums collected since the filing of the statement of change in
 124-21  excess of the rate finally set plus interest at the current rate as
 124-22  finally determined by the commission.  No filing for a rate change
 124-23  under this section may be made for a period of six months from the
 124-24  last such filing by the same utility.>
 124-25              (i)  If the commission does not make a final
 124-26  determination concerning a local exchange company's schedule of
 124-27  rates prior to the expiration of the 150-day suspension period, the
  125-1  schedule of rates finally approved by the commission shall become
  125-2  effective and the local exchange company shall be entitled to
  125-3  collect such rates from the date the 150-day suspension period
  125-4  expired.  Any surcharges or other charges necessary to effectuate
  125-5  this subsection shall not be recovered over a period of less than
  125-6  90 days from the date of the commission's final order.
  125-7              (j)  The commission on its own motion or on the
  125-8  petition of a utility shall provide for the adjustment of a
  125-9  utility's billing to reflect any increase or decrease of tax
 125-10  liability of the utility to the state resulting from House Bill 11,
 125-11  Acts of the 72nd Legislature, 1st Called Session, 1991, and that is
 125-12  attributable to activities that are subject to the jurisdiction of
 125-13  the commission.  Any adjustment to billings under this section must
 125-14  be apportioned pro-rata to all types and classes of service
 125-15  provided by the utility and is effective only until the commission
 125-16  alters the adjustment as provided by this subsection or enters an
 125-17  order for the utility under this section or Section 42 of this Act.
 125-18  The adjustment of billings must be made effective at the same time
 125-19  as the increase or decrease of tax liability resulting from House
 125-20  Bill 11, Acts of the 72nd Legislature, 1st Called Session, 1991, or
 125-21  as soon after as is reasonably practical.  Each year after any
 125-22  original adjustment, the commission shall review the utility's
 125-23  increase or decrease of tax liability resulting from House Bill 11,
 125-24  Acts of the 72nd Legislature, 1st Called Session, 1991, and alter
 125-25  the adjustment to reflect the increase or decrease.  A proceeding
 125-26  under this subsection is not a rate case under this section.
 125-27              (k)  A local exchange company may file with the
  126-1  commission tariffs for switched access service that have been
  126-2  approved by the FCC, provided that such include all rate elements
  126-3  in the company's interstate access tariff other than end user
  126-4  charges.  If upon review such filed tariffs contain the same rates,
  126-5  terms and conditions, excluding any end user charges, as approved
  126-6  by the FCC, the commission shall order the rates to be the
  126-7  intrastate switched access rates, terms and conditions for the
  126-8  local exchange company within 60 days of filing.
  126-9        Sec. 43A.  A local exchange company may make changes in its
 126-10  tariffed rules, regulations, or practices that do not affect its
 126-11  charges or rates by filing the proposed changes with the commission
 126-12  at least 35 days prior to the effective date of the changes.  The
 126-13  commission may require such notice to ratepayers as it considers
 126-14  appropriate.  The commission may on complaint by any affected
 126-15  person or on its own motion hold a hearing, after reasonable
 126-16  notice, to determine the propriety of the change.  Pending the
 126-17  hearing and decision, the commission may suspend the operation of
 126-18  the proposed changes for a period not to exceed 120 days after the
 126-19  date on which the changes would otherwise go into effect.  The
 126-20  commission shall approve, deny, or modify the proposed changes
 126-21  before expiration of the suspension period.  In any proceeding
 126-22  under this section, the burden of proving that the requested relief
 126-23  is in the public interest and complies with this Act shall be borne
 126-24  by the local exchange company.
 126-25        Sec. 43B.  (a)  Policy.  The legislature finds that
 126-26  regulatory policy should recognize differences between the small
 126-27  and large local exchange companies, that there are a large number
  127-1  of customer-owned telephone cooperatives and small, locally owned
  127-2  investor companies, and that it is appropriate to provide
  127-3  incentives and flexibility to allow local exchange companies that
  127-4  serve the rural areas to provide existing services and to introduce
  127-5  new technology and new services in a prompt, efficient, and
  127-6  economical manner.
  127-7        (b)  Except as otherwise provided by this section, a local
  127-8  exchange company that is a cooperative corporation, or that,
  127-9  together with all affiliated local exchange companies, has fewer
 127-10  than 31,000 access lines in service in this state, may offer
 127-11  extended local calling services or new services on an optional
 127-12  basis or make minor changes in its rates or tariffs if the company:
 127-13              (1)  files with the commission and the office a
 127-14  statement of intent, as prescribed by Subsection (c) of this
 127-15  section, not later than the 91st day before the date on which the
 127-16  proposed change will take effect;
 127-17              (2)  provides notice as prescribed by Subsection (d) of
 127-18  this section; and
 127-19              (3)  files with the commission affidavits verifying the
 127-20  provision of notice as prescribed by Subsection (d) of this
 127-21  section.
 127-22        (c)  The statement of intent required by Subsection (b)(1) of
 127-23  this section must include:
 127-24              (1)  a copy of a resolution approving the proposed
 127-25  change by the local exchange telephone company's board of
 127-26  directors;
 127-27              (2)  a description of the services affected by the
  128-1  proposed change;
  128-2              (3)  a copy of the proposed tariff for the affected
  128-3  service;
  128-4              (4)  a copy of the customer notice required by
  128-5  Subsection (b)(2) of this section;
  128-6              (5)  the number of access lines the company, and all
  128-7  affiliates, has in service in this state; and
  128-8              (6)  the amount by which the company's total gross
  128-9  annual revenues will increase or decrease as a result of the
 128-10  change.
 128-11        (d)  The local exchange company shall provide notice to
 128-12  affected customers in the manner prescribed by the commission no
 128-13  later than the 61st day before the date on which the proposed
 128-14  change will take effect.  Each notice prescribed by the commission
 128-15  must include:
 128-16              (1)  a description of the services affected by the
 128-17  proposed change;
 128-18              (2)  the effective date of the proposed change;
 128-19              (3)  an explanation of the customer's right to petition
 128-20  the commission for a review under Subsection (e) of this section,
 128-21  including the number of persons required to petition before a
 128-22  commission review will occur;
 128-23              (4)  an explanation of the customer's right to obtain
 128-24  information concerning how to obtain a copy of the proposed tariff
 128-25  from the company;
 128-26              (5)  the amount by which the company's total gross
 128-27  revenues will increase or decrease as a result of the proposed
  129-1  change; and
  129-2              (6)  a list of rates that are affected by the proposed
  129-3  rate change.
  129-4        (e)  The commission shall review a proposed change filed
  129-5  under this section if:
  129-6              (1)  the commission receives complaints relating to the
  129-7  proposed change signed by the lesser of five percent or 1,500 of
  129-8  the affected local service customers;
  129-9              (2)  the commission receives a complaint relating to
 129-10  the proposed change from an affected intrastate access customer, or
 129-11  a group of affected intrastate access customers, that in the
 129-12  preceding 12 months accounted for more than 10 percent of the
 129-13  company's total intrastate access revenues;
 129-14              (3)  the proposed change is not a minor change;
 129-15              (4)  the company does not comply with the procedural
 129-16  requirements of this section; or
 129-17              (5)  the proposed change is inconsistent with the
 129-18  commission's substantive policies as expressed in its rules.
 129-19        (f)  On review, the commission may suspend the proposed
 129-20  tariff during the pendency of review.
 129-21        (g)  This section does not prohibit a local exchange
 129-22  telephone company from filing for a new service or rate change
 129-23  under another applicable section of this Act or the commission from
 129-24  conducting a review in accordance with Section 42 of this Act.
 129-25        (h)  In this section, "minor change" means a change,
 129-26  including the restructuring of rates of existing services, that
 129-27  decreases the rates or revenues of the local exchange telephone
  130-1  company or that, together with any other rate or proposed or
  130-2  approved tariff changes in the 12 months preceding the date on
  130-3  which the proposed change will take effect, results in an increase
  130-4  of the company's total annual gross revenues by not more than five
  130-5  percent.  Further, with regard to a change to a basic local access
  130-6  line rate, a "minor change" may not, together with any other change
  130-7  to that rate that went into effect during the 12 months preceding
  130-8  the proposed effective date of the requested change, result in an
  130-9  increase of more than 10 percent.  <Except as otherwise provided by
 130-10  this section, a local exchange company that is a cooperative
 130-11  corporation or that has fewer than 5,000 access lines in service in
 130-12  this state may change rates by publishing notice of the change at
 130-13  least 60 days before the date of the change in the place and form
 130-14  as prescribed by the commission.  The notice must include:>
 130-15              <(1)  the reasons for the rate change;>
 130-16              <(2)  a description of the affected service;>
 130-17              <(3)  an explanation of the right of the subscriber to
 130-18  petition the commission for a hearing on the rate change; and>
 130-19              <(4)  a list of rates that are affected by the proposed
 130-20  rate change.>
 130-21        <(b)  At least 60 days before the date of the change, the
 130-22  local exchange company shall file with the commission a statement
 130-23  of intent to change rates containing:>
 130-24              <(1)  a copy of the notice required by Subsection (a)
 130-25  of this section;>
 130-26              <(2)  the number of access lines the company has in
 130-27  service in this state;>
  131-1              <(3)  the date of the most recent commission order
  131-2  setting rates of the company;>
  131-3              <(4)  the increase in total gross annual local revenues
  131-4  that will be produced by the proposed rates;>
  131-5              <(5)  the increase in total gross annual local revenues
  131-6  that will be produced by the proposed rates together with any local
  131-7  rate changes which went into effect during the 12 months preceding
  131-8  the proposed effective date of the requested rate change and any
  131-9  other proposed local rate changes then pending before the
 131-10  commission;>
 131-11              <(6)  the increase in rates for each service category;
 131-12  and>
 131-13              <(7)  other information the commission by rule
 131-14  requires.>
 131-15        <(c)  The commission shall review a proposed change in the
 131-16  rates set by a local exchange company under this section upon the
 131-17  receipt of complaints signed by at least five percent of all
 131-18  affected subscribers or upon its own motion.  The commission may
 131-19  require notice to ratepayers as it considers appropriate.  If
 131-20  sufficient complaints are presented to the commission within 60
 131-21  days after the date notice of the rate change was sent to
 131-22  subscribers, the commission shall review the proposed change.
 131-23  After notice to the local exchange company, the commission may
 131-24  suspend the rates during the pendency of the review and reinstate
 131-25  the rates previously in effect.  Review under this subsection shall
 131-26  be as provided by Section 43 of this Act.  The period for review by
 131-27  the commission does not begin until the local exchange company
  132-1  files a complete rate-filing package.>
  132-2        <(d)  If the commission has entered an order setting a rate,
  132-3  the affected local exchange company may not change that rate under
  132-4  this section before 365 days after the date of the commission's
  132-5  order setting the rate.>
  132-6        <(e)  This section does not prohibit a local exchange company
  132-7  from filing for a rate change under any other applicable section of
  132-8  this Act.>
  132-9        <(f)  The commission shall review a proposed change in the
 132-10  rates of a local exchange company under this section if the
 132-11  proposed rates, together with any local rate changes which went
 132-12  into effect during the 12 months preceding the proposed effective
 132-13  date of the requested rate change as well as any other proposed
 132-14  local rate changes then pending before the commission, will
 132-15  increase its total gross annual local revenues by more than 2 1/2
 132-16  percent or if the proposed change would increase the rate of any
 132-17  service category by more than 25 percent, except for basic local
 132-18  service, which shall be limited to a maximum of 2 1/2  percent of
 132-19  the total gross annual local revenue.  Review under this subsection
 132-20  shall be as provided by Section 43 of this Act.  Each local
 132-21  exchange company may receive a change in its local rates or in any
 132-22  service category pursuant to this section only one time in any
 132-23  12-month period.>
 132-24        (i) <(g)>  Rates established under this section must be in
 132-25  accordance with the rate-setting principles of Article <VII> VIII
 132-26  of this Act.  However, such companies may provide to its board
 132-27  members, officers, employees, and agents free or reduced rates for
  133-1  services.
  133-2        (j)  Small Company Policy Review.  The commission shall
  133-3  within 120 days of the effective date of this section examine its
  133-4  policies, its reporting requirements, and its procedural and
  133-5  substantive rules as they relate to rural and small local exchange
  133-6  companies and cooperatives to eliminate or revise those that place
  133-7  unnecessary burdens and expenses on such companies.
  133-8  Notwithstanding any other provisions of this Act, the commission
  133-9  shall consider and may adopt policies which include, but are not
 133-10  limited to, the following:
 133-11              (1)  Policies to allow such companies to provide
 133-12  required information by report or otherwise as necessary, including
 133-13  a rate filing package when required, in substantially less
 133-14  burdensome and complex form than required of larger local exchange
 133-15  companies.
 133-16              (2)  Policies that permit consideration of the
 133-17  company's future construction plans and operational changes in
 133-18  evaluating the reasonableness of current rates.
 133-19              (3)  Policies that provide for evaluation of the
 133-20  overall reasonableness of current rates no more frequently than
 133-21  once every three years.
 133-22              (4)  Policies that permit companies to change
 133-23  depreciation and amortization rates when customer rates are not
 133-24  affected by notice to the commission, subject to review by the
 133-25  commission in proceeding under Sections 42 and 43 of this Act.
 133-26              (5)  Policies to allow the local exchange companies to
 133-27  adopt for new services the rates for the same or substantially
  134-1  similar services offered by a larger local exchange company,
  134-2  without commission requirement of additional cost justification.
  134-3              (6)  Policies that allow a local exchange company, in
  134-4  lieu of any management audit that would otherwise be required by
  134-5  law, policy, or rule, to instead submit to the commission financial
  134-6  audits of the company regularly performed by independent auditors
  134-7  or required and performed as a result of the company's
  134-8  participation in federal or state financing or revenue-sharing
  134-9  programs.
 134-10              (7)  Notwithstanding any other relevant provision of
 134-11  this Act, the commission may adopt policies under this subsection
 134-12  that the commission considers appropriate.
 134-13        (k) <(h)>  The commission is granted all necessary power and
 134-14  authority to prescribe and collect fees and assessments from local
 134-15  exchange companies necessary to recover the commission's and the
 134-16  Office of Public Utility Counsel's costs of activities carried out
 134-17  and services provided under Subsection (i) of Section 43 and
 134-18  Sections 43A, <and> 43B, and 43C of this Act.
 134-19        (l)  Except as provided in Subsection (j), this section may
 134-20  not apply to any local exchange company that is a cooperative
 134-21  corporation partially deregulated under the provisions of Section
 134-22  43C of this Act.
 134-23        Sec. 43C.  (a)  A local exchange company that is a
 134-24  cooperative corporation may vote to partially deregulate the
 134-25  cooperative by sending a ballot to each cooperative member.  The
 134-26  ballot may be included in a bill or sent separately.  The ballot
 134-27  shall provide for voting for or against the proposition:
  135-1  "Authorizing the partial deregulation of the (name of the
  135-2  cooperative)."
  135-3        (b)  The cooperative is deemed to be partially deregulated if
  135-4  a majority of the ballots returned to the cooperative not later
  135-5  than the 45th day after the date on which the ballots are mailed
  135-6  favor such deregulation.
  135-7        (c)  After the initial balloting, the cooperative may offer
  135-8  extended local calling services, new services on an optional basis,
  135-9  or make changes in its rates or tariffs if the cooperative:
 135-10              (1)  provides notice of the proposed action under this
 135-11  section to all customers and municipalities as prescribed by
 135-12  Subsection (e) of this section;
 135-13              (2)  files with the commission affidavits verifying the
 135-14  provision of notice as prescribed by Subsection (f) of this
 135-15  section; and
 135-16              (3)  files a statement of intent pursuant to Subsection
 135-17  (d) of this section.
 135-18        (d)  A statement of intent to use this section must be filed
 135-19  with the commission and the office not later than the 61st day
 135-20  before the date on which a proposed change will take effect and
 135-21  must include:
 135-22              (1)  a copy of a resolution approving the proposed
 135-23  action and authorizing the filing of the statement of intent signed
 135-24  by a majority of the members of the cooperative's board of
 135-25  directors;
 135-26              (2)  a description of the services affected by the
 135-27  proposed action;
  136-1              (3)  a copy of the proposed tariff for the affected
  136-2  service; and
  136-3              (4)  a copy of the customer notice required of this
  136-4  section.
  136-5        (e)  The cooperative shall provide to all affected customers
  136-6  and parties, including municipalities, at least two notices of the
  136-7  proposed action by bill insert or by individual notice.  The
  136-8  cooperative shall provide the first notice not later than the 61st
  136-9  day before the date on which the proposed action will take effect.
 136-10  The cooperative shall provide the last notice not later than the
 136-11  31st day before the date on which the proposed action will take
 136-12  effect.  Each notice prescribed by this subsection must include:
 136-13              (1)  a description of the services affected by the
 136-14  proposed action;
 136-15              (2)  the effective date of the proposed action;
 136-16              (3)  an explanation of the customer's right to petition
 136-17  the commission for a review under Subsection (g) of this section;
 136-18              (4)  an explanation of the customer's right to obtain a
 136-19  copy of the proposed tariff from the cooperative;
 136-20              (5)  the amount by which the cooperative's total gross
 136-21  annual revenues will increase or decrease and a statement
 136-22  explaining the effect on the cooperative revenues as a result of
 136-23  the proposed action; and
 136-24              (6)  a list of rates that are affected by the proposed
 136-25  rate action showing the effect of the proposed action on each such
 136-26  rate.
 136-27        (f)  Not later than the 15th day before the date on which the
  137-1  proposed action will take effect, the cooperative shall file with
  137-2  the commission affidavits that verify that the cooperative provided
  137-3  each notice prescribed under Subsection (e) of this section.
  137-4        (g)  The commission shall review a proposed action filed
  137-5  under this section if:
  137-6              (1)  the commission receives, not later than the 45th
  137-7  day after the first notice is provided under Subsection (e) of this
  137-8  section, complaints relating to the proposed action:
  137-9                    (A)  signed by at least five percent of the
 137-10  affected local service customers; or
 137-11                    (B)  from an affected intrastate access customer,
 137-12  or group of affected intrastate access customers, that in the
 137-13  preceding 12 months accounted for more than 10 percent of the
 137-14  cooperative's total intrastate access revenues;
 137-15              (2)  the cooperative does not comply with the
 137-16  procedural requirements of this section;
 137-17              (3)  the proposed action is inconsistent with the
 137-18  commission's substantive policies as expressed in its rules.
 137-19              (4)  If the commission conducts a review of the
 137-20  proposed action under this section prior to the effective date, the
 137-21  commission may suspend the actions of the cooperative during the
 137-22  pendency of the review.
 137-23        (h)  A cooperative that is partially deregulated under this
 137-24  section may vote to reverse the deregulation by sending a ballot to
 137-25  each cooperative member.  Upon its own motion or within 60 days
 137-26  upon receipt of a written request of 10% of its members, the
 137-27  cooperative's board of directors shall reballot.  The ballot may be
  138-1  included in a bill or sent separately.  The ballot shall provide
  138-2  for voting for or against the proposition:  "Reversing the partial
  138-3  deregulation of the (name of the cooperative)."  The partial
  138-4  deregulation is reversed if a majority of the ballots returned to
  138-5  the cooperative not later than the 45th day after the date on which
  138-6  the ballots are mailed favor reversal.
  138-7        (i)  The commission by rule shall prescribe the voting
  138-8  procedures a cooperative is required to use under this section.
  138-9        (j)  This section does not:
 138-10              (1)  prohibit a cooperative from filing for a new
 138-11  service or rate change under another applicable section of this
 138-12  Act; or
 138-13              (2)  affect the application of other provisions of this
 138-14  Act not directly related to rate-making or the authority of the
 138-15  commission to require the cooperative to file reports as required
 138-16  under this Act, under Section 43B(j) of this Act, or under the
 138-17  rules adopted by the commission.
 138-18        (k)  Notwithstanding any other provision of this section, the
 138-19  commission may conduct a review in accordance with Section 42 of
 138-20  this Act.
 138-21        Sec. 44.  Public utility rates for areas not within any
 138-22  municipality shall not exceed without commission approval 115
 138-23  percent of the average of all rates for similar services of all
 138-24  municipalities served by the same utility within the same county.
 138-25        Sec. 45.  (a)  No public utility may, as to rates or
 138-26  services, make or grant any unreasonable preference or advantage to
 138-27  any corporation or person within any classification, or subject any
  139-1  corporation or person within any classification to any unreasonable
  139-2  prejudice or disadvantage.  No public utility may establish and
  139-3  maintain any unreasonable differences as to rates of service either
  139-4  as between localities or as between classes of service.
  139-5        (b)  A public utility may not impose a restriction, including
  139-6  a geographic requirement per location or a minimum line
  139-7  requirement, that will limit the availability of central office
  139-8  based PBX-type services to any business, either individually or as
  139-9  part of a sharing arrangement.  A public utility may not
 139-10  unreasonably discriminate between individual businesses obtaining
 139-11  central office based PBX-type services and businesses obtaining
 139-12  those services through a sharing arrangement.
 139-13        Sec. 46.  No public utility may, directly or indirectly, by
 139-14  any device whatsoever or in any manner, charge, demand, collect, or
 139-15  receive from any person a greater or less compensation for any
 139-16  service rendered or to be rendered by the utility than that
 139-17  prescribed in the schedule of rates of the public utility
 139-18  applicable thereto when filed in the manner provided in this Act,
 139-19  nor may any person knowingly receive or accept any service from a
 139-20  public utility for a compensation greater or less than that
 139-21  prescribed in the schedules, provided that all rates being charged
 139-22  and collected by a public utility upon the effective date of this
 139-23  Act may be continued until schedules are filed.  Nothing in this
 139-24  Act shall prevent a cooperative corporation from returning to its
 139-25  members the whole, or any part of, the net earnings resulting from
 139-26  its operations in proportion to their purchases from or through the
 139-27  corporation.
  140-1        Sec. 47.  No public utility may discriminate against any
  140-2  person or corporation that sells or leases equipment or performs
  140-3  services in competition with the public utility, nor may any public
  140-4  utility engage in any other practice that tends to restrict or
  140-5  impair such competition.
  140-6        Sec. 47A.   So long  as any local exchange company in this
  140-7  state is prohibited by federal law from providing interLATA
  140-8  telecommunications services, the local exchange companies in this
  140-9  state designated or de facto authorized to receive "0+" and "1+"
 140-10  dialed intraLATA calls  shall continue to be so designated.  A
 140-11  telecommunications utility operating under a certificate of
 140-12  operating authority or service provider certificate of operating
 140-13  authority is de facto authorized to receive "0+" and "1+" dialed
 140-14  intraLATA calls on the date on which the utility receives its
 140-15  certificate.  If local exchange  companies are allowed by federal
 140-16  law to provide interLATA telecommunications services, the
 140-17  commission shall consider whether to allow customers to designate a
 140-18  carrier to receive their "0+" and "1+" dialed intraLATA calls.
 140-19        Sec. 47B.  COMPETITIVE SAFEGUARDS.  (a)  To the extent
 140-20  necessary to ensure that competition in telecommunications is fair
 140-21  to all participants and accelerate the improvement of
 140-22  telecommunications in the state, the commission shall ensure that
 140-23  the rates and regulations of an incumbent local exchange company
 140-24  are not unreasonably preferential, prejudicial or discriminatory
 140-25  but are equitable and consistent in application.  Section 20C(e)
 140-26  shall not prevent the commission from enforcing this section.  The
 140-27  commission shall have exclusive jurisdiction to implement
  141-1  competitive safeguards.
  141-2        (b)  Unbundling.  A local exchange company shall, at a
  141-3  minimum, unbundle its network to the extent ordered by the Federal
  141-4  Communications Commission.  Prior to the adoption of the pricing
  141-5  rules required by Subsection (g), the commission shall hold a
  141-6  hearing and promulgate an order on the issue of requiring further
  141-7  unbundling of local exchange company services.  The commission may
  141-8  order further unbundling only after considering the public interest
  141-9  and competitive merits of further unbundling.  The commission may
 141-10  proceed by rulemaking or, if requested by a party, shall proceed by
 141-11  evidentiary hearing.  Following unbundling, the commission may
 141-12  assign the unbundled components to the appropriate Basket according
 141-13  to the purposes and intents of those Baskets.
 141-14        (c)(1)  Resale - Local exchange companies serving one million
 141-15  or more access lines or electing the Incentive Regulation Plan
 141-16  under Article IV of this Act shall file a usage sensitive loop
 141-17  resale tariff by September 1, 1995.  LECs serving less than one
 141-18  million access lines or not electing to Article IV of this Act,
 141-19  shall also be required to file a resale tariff within 60 days of
 141-20  when a certificate of operating authority has been granted pursuant
 141-21  to Section 58(a)(3) or a service provider certificate of operating
 141-22  authority pursuant to Section 58(a)(6).  "Loop" resale as used
 141-23  herein means the purchase of the local distribution channel or
 141-24  "loop" facility from the local exchange company for the purpose of
 141-25  being resold to end user customers.  The commission shall conduct
 141-26  such proceeding as it determines appropriate to determine the
 141-27  rates, terms and conditions for this tariff within 180 days of
  142-1  filing, the commission shall:
  142-2                    (A)  only approve a usage sensitive rate that
  142-3  recovers the total long run incremental cost of the loop on an
  142-4  unseparated basis, plus an appropriate contribution to joint and
  142-5  common costs; and
  142-6                    (B)  only permit holders of certificates of
  142-7  convenience and necessity, operating authority or service provider
  142-8  certificate of operating authority to purchase from the resale
  142-9  tariff, provided that this restriction applies only until local
 142-10  exchange companies get interLATA relief.
 142-11              (2)  Upon the effective date of this act no provider of
 142-12  telecommunications service may impose any restriction on the resale
 142-13  or sharing of any service for which it is not a dominant provider
 142-14  nor, as to any local exchange company electing alternative
 142-15  regulation pursuant to Article IV of this Act, for any service
 142-16  entitled to regulatory treatment under Basket III as described in
 142-17  Article IV, Section 20F of this Act.
 142-18              (3)  A holder of a certificate of operating authority
 142-19  has the reciprocal obligation to permit local exchange companies in
 142-20  existence as of September 1, 1995, to resell its existing loop
 142-21  facilities at its regularly published rates if the local exchange
 142-22  company has no such facilities and has a request for service.
 142-23              (4)  The commission shall eliminate all resale
 142-24  prohibitions in an electing local exchange company's tariffs as to
 142-25  holders of certificates of convenience and necessity, service
 142-26  provider certificate of operating authority, and certificate of
 142-27  operating authority upon:
  143-1                    (A)  completion of the commission's costing and
  143-2  pricing rulemakings; and
  143-3                    (B)  the establishment and funding of the
  143-4  Regulatory Transition Fund; or
  143-5                    (C)  completion of rate rebalancing of the local
  143-6  exchange company rates required by Section 47B(g).  When the
  143-7  commission eliminates the resale prohibitions under this
  143-8  subsection, it shall continue to prohibit the resale of flat rate
  143-9  services as a substitute for usage sensitive services.  If the
 143-10  commission finds that the rate for a particular service or function
 143-11  will, as a result of the costing and pricing proceeding, be less
 143-12  than the cost of providing the service or function and that such
 143-13  difference in rate and cost will not be recovered from the
 143-14  universal service fund, then the service may be offered for resale
 143-15  only to the same class of customer as sold to by the local exchange
 143-16  company.
 143-17              (5)  Nothing herein shall alter resale or sharing
 143-18  arrangements in existing local exchange company tariffs.
 143-19        (d)(1)  Imputation.  Not later than December 1, 1996, the
 143-20  commission shall adopt rules governing imputation of the price of a
 143-21  service.
 143-22              (2)  Imputation is a regulatory policy the commission
 143-23  shall apply to prevent a local exchange company from selling a
 143-24  service or function to another telecommunications utility at a
 143-25  price that is higher than the rate the local exchange company
 143-26  implicitly includes in services it provides to its retail
 143-27  customers.
  144-1              (3)  The commission may require imputation only of the
  144-2  price of a service that is:
  144-3                    (A)  not generally available from a source other
  144-4  than the local exchange company; and
  144-5                    (B)  necessary for the competitor to provide its
  144-6  competing services.
  144-7              (4)  The commission may not require imputation of the
  144-8  price of a local exchange service while the price is capped
  144-9  pursuant to Article IV or V of this Act.
 144-10              (5)  The price of switched access service shall be
 144-11  imputed to the price of each service for which switched access
 144-12  service is a component until switched access service is
 144-13  competitively available.
 144-14              (6)  The commission may not require imputation on a
 144-15  rate-element-by-element basis but only on a service-by-service
 144-16  basis.
 144-17              (7)  For a service provided under a customer-specific
 144-18  contract for which imputation may be required under Subdivision (3)
 144-19  of this subsection, the commission may not require imputation on a
 144-20  rate-element-by-element basis but only on a service-by-service
 144-21  basis within the contract.
 144-22              (8)  The local exchange company shall demonstrate that
 144-23  the price it charges for its retail service recovers the costs of
 144-24  providing the service.  For purposes of this subdivision, the costs
 144-25  of providing the service is defined as the sum of:
 144-26                    (A)  specifically tariffed premium rates for the
 144-27  noncompetitive services or service functions, or elements of these
  145-1  noncompetitive services or service functions (or their functional
  145-2  equivalent) that are utilized to provide the service;
  145-3                    (B)  the total service long run incremental costs
  145-4  of the competitive services or service functions that are utilized;
  145-5                    (C)  any costs, not otherwise reflected in (A) or
  145-6  (B) above, which are specifically associated with the provision of
  145-7  the service or group of services; and
  145-8                    (D)  any cost or surcharge associated with an
  145-9  explicit subsidy that is applied to all providers or the service
 145-10  for the purpose of promoting universal service;
 145-11              (9)  The commission may waive an imputation requirement
 145-12  for any public interest service such as 9-1-1 service and dual
 145-13  party relay service if the commission determines that the waiver is
 145-14  in the public interest.
 145-15        (e)  Telecommunications Number Portability.  Because a
 145-16  uniform national number plan is valuable and necessary to the
 145-17  state, the commission by rule shall adopt guidelines governing
 145-18  telecommunications number portability and the assignment of
 145-19  telephone numbers in a competitively neutral manner.  The
 145-20  commission rules shall not be inconsistent with the rules and
 145-21  regulations of the Federal Communications Commission regarding
 145-22  telecommunications number portability.  In this Act,
 145-23  "telecommunications number portability" means the ability of a user
 145-24  of telecommunications services, to the extent technically feasible,
 145-25  to retain an existing telephone number without impairing the
 145-26  quality, reliability, or convenience of service when changing from
 145-27  one provider of telecommunications service to another provider.  As
  146-1  an interim measure the commission shall adopt reasonable mechanisms
  146-2  to allow consumers to retain their telephone numbers.  At a minimum
  146-3  such mechanisms shall include the use of call forwarding functions
  146-4  and direct inward dialing for such purposes.  Local exchange
  146-5  companies with more than one million access lines shall file
  146-6  tariffs within 60 days from the effective date of this Act and the
  146-7  commission, within 180 days from the effective date of this Act,
  146-8  shall determine reasonable rates to be charged for call forwarding
  146-9  functions used as an interim number portability measure by a new
 146-10  entrant.  Local exchange companies with less than one million
 146-11  access lines where a certificate of operating authority or a
 146-12  service provider certificate of operating authority has been
 146-13  granted shall file tariffs within 60 days of a bona fide request
 146-14  and the commission, within 60 days, shall determine reasonable
 146-15  rates to be charged for call forwarding functions used as an
 146-16  interim number portability measure by a new entrant.
 146-17        (f)  Expanded Interconnection.  Not later than September 1,
 146-18  1996, the commission shall adopt rules for expanded interconnection
 146-19  that:
 146-20              (1)  are consistent with the rules and regulations of
 146-21  the Federal Communications Commission relating to expanded
 146-22  interconnection;
 146-23              (2)  treat intrastate private line services as special
 146-24  access service; and
 146-25              (3)  provide that if a local exchange company is
 146-26  required to provide expanded interconnection to another local
 146-27  exchange company, the second local exchange company shall, in a
  147-1  like manner, provide expanded interconnection to the first company.
  147-2        (g)(1)  Costing and Pricing.  The commission shall complete a
  147-3  pricing rulemaking and adopt a pricing rule within 180 days after
  147-4  completion of the cost studies required to be completed under
  147-5  commission substantive rule Section 23.91.
  147-6              (2)  In adopting the pricing rule, the commission
  147-7  shall:
  147-8                    (A)  ensure that prices for monopoly services
  147-9  remain affordable;
 147-10                    (B)  ensure that prices for competitive services
 147-11  shall not be:
 147-12                          (i)  unreasonably preferential,
 147-13  prejudicial, or discriminatory;
 147-14                          (ii)  subsidized either directly or
 147-15  indirectly by noncompetitive services; or
 147-16                          (iii)  predatory or anticompetitive.
 147-17                    (C)  require that each service recover the
 147-18  appropriate cost of, including appropriate joint and common costs,
 147-19  any and all facilities and functions used to provide such service.
 147-20              (3)  The commission shall allow a local exchange
 147-21  company which is not a Tier 1 company as of September 1, 1995, at
 147-22  that company's option, to adopt the cost studies and/or prices
 147-23  approved by the commission for a Tier 1 local exchange company.
 147-24              (4)  The rulemaking proceedings required by this
 147-25  subsection notwithstanding, the Commission shall ensure that each
 147-26  Article IV electing local exchange company reduces each of the rate
 147-27  elements in its Texas intrastate carrier access tariff to parity
  148-1  with the corresponding interstate carrier access services rate
  148-2  elements effective September 1, 1995.  The Commission shall further
  148-3  ensure that, effective as of the time of the adoption of the
  148-4  pricing rule required by this section, the level of each such rate
  148-5  element is established and maintained on the basis of its long run
  148-6  incremental cost.
  148-7        (h)(1)  "Interconnection" for the purposes of this section
  148-8  means the termination of another local exchange company's local
  148-9  intraexchange traffic that originates and terminates in this state.
 148-10  The provisions of this subsection do not govern rates for the
 148-11  termination of cellular or interexchange traffic.
 148-12              (2)  The commission shall require all providers of
 148-13  telecommunications services to maintain interoperable networks.
 148-14  Telecommunications providers shall negotiate network
 148-15  interconnectivity, charges, terms and conditions and in such event
 148-16  the commission shall approve the interconnection rates.  The
 148-17  commission shall have the authority to resolve disputes as filed by
 148-18  a party to such negotiations.
 148-19              (3)  In the absence of a mutually agreed compensation
 148-20  rate or rates as described in Subsection (4) below for the
 148-21  termination of local exchange service traffic or negotiated under
 148-22  Subsection (2) each carrier shall reciprocally terminate the others
 148-23  carrier's traffic at no charge.  In the event the interconnected
 148-24  minutes of use terminating between the interconnecting companies
 148-25  exceed by more than 10 percent per calendar month the Legislature
 148-26  hereby establishes an interim reciprocal interconnection rate of
 148-27  1.1c per minute of use for terminating the local intraexchange
  149-1  traffic between competing local exchange company customers.
  149-2              (4)  The commission shall complete a proceeding to
  149-3  establish reciprocal interconnection rates, terms and conditions
  149-4  180 days after receiving a complaint or a tariff filing for
  149-5  companies other than those providing service in the areas of
  149-6  companies under 31,000 access lines.  No earlier than 3 years after
  149-7  COA is granted may the commission require cost studies by a new
  149-8  entrant for the purpose of establishing interconnection rates.
  149-9              (5)  The local exchange company may adopt the
 149-10  interconnection rates approved for a larger local exchange company
 149-11  or the company's approved interconnection rates without the
 149-12  commission requirement of additional cost justification.  If an
 149-13  local exchange company elects not to adopt interconnection rates of
 149-14  a larger company, or negotiates pursuant to Subsection (2), such
 149-15  company shall be required to file tariffs within 60 days of the
 149-16  granting of a certificate of convenience and necessity or a
 149-17  certificate of operating authority to a new entrant.  Until such
 149-18  time that tariffs are approved, an interim rate equal to the rate
 149-19  in Subsection (3) shall apply.  If the commission has not
 149-20  established the rate in Subsection (4), the interim rate
 149-21  established in Subsection (3) shall apply.  If the local exchange
 149-22  company adopts the interconnection rates of another local exchange
 149-23  company, the new entrant may adopt such rates as its
 149-24  interconnection rates.  If the local exchange company elects to
 149-25  file its own tariff, the new entrant must also file its own
 149-26  interconnection tariff.
 149-27              (6)  The commission shall have authority to make
  150-1  generic rules and set policies governing interconnection
  150-2  arrangements.  The commission's policy making authority shall
  150-3  permit it to establish rules that are responsive to changes in
  150-4  federal law or developments in the local exchange market.
  150-5              (7)  The commission shall not use interconnection rates
  150-6  under this subsection as a basis to alter interconnection rates for
  150-7  other services.
  150-8              (8)  The commission shall have exclusive jurisdiction
  150-9  over any holder of a certificate of convenience and necessity or a
 150-10  certificate of operating authority for the determination of rates,
 150-11  terms and conditions for interconnection.
 150-12        (i)  A local exchange company shall not unreasonably:
 150-13              (1)  discriminate against another provider by refusing
 150-14  access to the local exchange;
 150-15              (2)  refuse or delay interconnections to another
 150-16  provider;
 150-17              (3)  degrade the quality of access provided to another
 150-18  provider;
 150-19              (4)  impair the speed, quality, or efficiency of lines
 150-20  used by another provider;
 150-21              (5)  upon a request, fail to fully disclose in a timely
 150-22  manner all available information necessary for the design of
 150-23  equipment that will meet the specifications of the local exchange
 150-24  network; or
 150-25              (6)  refuse or delay access by any person to another
 150-26  provider.
 150-27        This subsection shall not be construed to require any local
  151-1  exchange company to provide expanded interconnection as that term
  151-2  is defined by the Federal Communications Commission.
  151-3        (j)  The commission shall have all authority necessary to
  151-4  establish procedures with respect to the policies stated in
  151-5  Subsections (a)-(f) and to resolve any disputes arising under such
  151-6  policies.  The commission shall have the authority to and shall
  151-7  adopt procedures for the processing of proceedings under
  151-8  Subsections (b) and (c), including the authority to limit discovery
  151-9  and, except for the Office of Public Utility Counsel, align parties
 151-10  having similar positions for purposes of cross-examination.  In
 151-11  adopting procedures under this section and in resolving disputes,
 151-12  the commission shall consider the impact on consumers, competitors,
 151-13  and the local exchange company.  The commission may not implement,
 151-14  by order or rule, any requirement which is contrary to any
 151-15  applicable federal rule or law.
 151-16        (k)  The obligations set forth in (b), (c), (e), (f), and (h)
 151-17  shall not be applied to local exchange companies serving less than
 151-18  31,000 access lines until September 1, 1997.  After September 1,
 151-19  1997, the obligations set forth in (b), (c) and (f) may only be
 151-20  applied upon a bona fide request from a certified
 151-21  telecommunications utility.  In applying these rules to these local
 151-22  exchange companies, the commission may modify the rules as it finds
 151-23  in the public interest.
 151-24        (l)  The commission shall have the authority to review the
 151-25  implementation of Subsections (b), (d), and (g) to be applicable to
 151-26  local exchange companies that as of September 1, 1995 are not
 151-27  subject to the costing and pricing rules upon a bona fide request
  152-1  from a holder of a certificate of operating authority or service
  152-2  provider certificate of operating authority.
  152-3        Sec. 48.  No payments made in lieu of taxes by a public
  152-4  utility to the municipality by which it is owned may be considered
  152-5  an expense of operation for the purpose of determining, fixing, or
  152-6  regulating the rates to be charged for the provision of utility
  152-7  service to a school district or hospital district.  No rates
  152-8  received by a public utility from a school district or hospital
  152-9  district may be used to make or to cover the cost of making
 152-10  payments in lieu of taxes to the municipality by which the public
 152-11  utility is owned.
 152-12        Sec. 48A.  A telecommunications utility providing any service
 152-13  to the state, including service to an agency in any branch of state
 152-14  government, may not charge a fee, penalty, interest, or other
 152-15  charge for delinquent payment of a bill for that service.
 152-16     ARTICLE <VII.> X.  CERTIFICATES OF CONVENIENCE AND NECESSITY
 152-17        Sec. 49.  For purposes of this article only "retail public
 152-18  utility"<:>
 152-19        <(a)  "Retail public utility"> means any person, corporation,
 152-20  <water supply or sewer service corporation,> municipality,
 152-21  political subdivision or agency, or cooperative corporation, now or
 152-22  hereafter operating, maintaining, or controlling in Texas
 152-23  facilities for providing retail utility service.
 152-24        <(b)  For the purposes of this article only, "public utility"
 152-25  includes a water supply or sewer service corporation.>
 152-26        Sec. 50.  Beginning one year after the effective date of this
 152-27  Act, unless otherwise specified:
  153-1              (1)  No public utility may in any way render service
  153-2  directly or indirectly to the public under any franchise or permit
  153-3  without first having obtained from the commission a certificate
  153-4  that the present or future public convenience and necessity require
  153-5  or will require such installation, operation, or extension.
  153-6              (2)  Except as otherwise provided in this article no
  153-7  retail public utility may furnish, make available, render, or
  153-8  extend retail public utility service to any area to which retail
  153-9  utility service is being lawfully furnished by another retail
 153-10  public utility on or after the effective date of this Act, without
 153-11  first having obtained a certificate of public convenience and
 153-12  necessity that includes the area in which the consuming facility is
 153-13  located.
 153-14        Sec. 51.  (a)  A public utility is not required to secure a
 153-15  certificate of public convenience and necessity or certificate of
 153-16  operating authority as described in Section 54(c) for:
 153-17              (1)  an extension into territory contiguous to that
 153-18  already served by it and not receiving similar service from another
 153-19  public utility and not within the area of public convenience and
 153-20  necessity or operating authority of another utility of the same
 153-21  kind; or
 153-22              (2)  an extension within or to territory already served
 153-23  by it or to be served by it under a certificate of public
 153-24  convenience and necessity or operating authority; or
 153-25              (3)  operation, extension, or service in progress on
 153-26  the effective date of this Act.
 153-27        (b)  Any extensions allowed by Subsection (a) of this section
  154-1  shall be limited to devices for interconnection of existing
  154-2  facilities or devices used solely for transmitting public utility
  154-3  services from existing facilities to customers of retail utility
  154-4  service.
  154-5        Sec. 52.  (a)  A public utility shall submit to the
  154-6  commission an application to obtain a certificate of public
  154-7  convenience and necessity or an amendment thereof.
  154-8        (b)  On or before 90 days after the date of this Act, or at a
  154-9  later date on request in writing by a public utility when good
 154-10  cause is shown, or at such later dates as the commission may order,
 154-11  each public utility shall file with the commission a map or maps
 154-12  showing all its facilities and illustrating separately facilities
 154-13  for generation, transmission, and distribution of its services.
 154-14        (c)  Each applicant for a certificate shall file with the
 154-15  commission such evidence as is required by the commission to show
 154-16  that the applicant has received the required consent, franchise, or
 154-17  permit of the proper municipality or other public authority.
 154-18        Sec. 53.  On application made to the commission within six
 154-19  months after the effective date of this Act, the commission shall
 154-20  issue a certificate of public convenience and necessity for the
 154-21  construction or operation then being conducted to any public
 154-22  utility actually providing service to any geographical area on the
 154-23  effective date of this Act, or to any person or corporation
 154-24  actively engaged on the effective date of this Act in the
 154-25  construction, installation, extension, or improvement of, or
 154-26  addition to, any facility or system used or to be used in providing
 154-27  public utility service.
  155-1        Sec. 54.  (a)  When an application for a certificate of
  155-2  convenience and necessity, certificate of operating authority or
  155-3  service provider certificate of operating authority is filed, the
  155-4  commission shall give notice of such application to interested
  155-5  parties and, if requested, shall fix a time and place for a hearing
  155-6  and give notice of the hearing.  Any person interested in the
  155-7  application may intervene at the hearing.
  155-8        (b)  Except for certificates for prior operations granted
  155-9  under Section 53, the commission may grant applications and issue
 155-10  certificates only if the commission finds that the certificate is
 155-11  necessary for the service, accommodation, convenience, or safety of
 155-12  the public.  The commission may issue the certificate as prayed
 155-13  for, or refuse to issue it, or issue it for the construction of a
 155-14  portion only of the contemplated system or facility or extension
 155-15  thereof, or for the partial exercise only of the right or
 155-16  privilege.
 155-17        (c)  Certificates of convenience and necessity shall be
 155-18  granted on a nondiscriminatory basis after consideration by the
 155-19  commission of the adequacy of existing service, the need for
 155-20  additional service, the effect of the granting of a certificate on
 155-21  the recipient of the certificate and on any public utility of the
 155-22  same kind already serving the proximate area, and on such factors
 155-23  as, community values, recreational and park areas, historical and
 155-24  aesthetic values, environmental integrity, and the probable
 155-25  improvement of service or lowering of cost to consumers in such
 155-26  area resulting from the granting of such certificate.
 155-27        (d)  In addition to the requirements of this section, an
  156-1  electric utility applying for certificate of convenience and
  156-2  necessity for a new generating plant must first file a notice of
  156-3  intent to file an application for certification.
  156-4              (1)  The notice of intent shall set out alternative
  156-5  methods considered to help meet the electrical needs, related
  156-6  electrical facilities, and the advantages and disadvantages of the
  156-7  alternatives.  In addition, the notice shall indicate compatibility
  156-8  with the most recent long-term forecast provided in this Act.
  156-9              (2)  The commission shall conduct a hearing on the
 156-10  notice of intent to determine the appropriateness of the proposed
 156-11  generating plant as compared to the alternatives and shall issue a
 156-12  report on its findings.  In conjunction with the issuance of the
 156-13  report, the commission shall render a decision approving or
 156-14  disapproving the notice.  Such decision shall be rendered within
 156-15  180 days from the date of filing the notice of intent.
 156-16        (e)  On approval of the notice of intent, a utility may apply
 156-17  for certification for a generating plant, site, and site facilities
 156-18  no later than 12 months before construction is to commence.
 156-19              (1)  The application for certification shall contain
 156-20  such information as the commission may require to justify the
 156-21  proposed generating plant, site, and site facilities and to allow a
 156-22  determination showing compatibility with the most recent forecast.
 156-23              (2)  Certificates of convenience and necessity shall be
 156-24  granted on a nondiscriminatory basis if the commission finds that
 156-25  the proposed new plant is required under the service area forecast,
 156-26  that it is the best and most economical choice of technology for
 156-27  that service area as compatible with the commission's forecast, and
  157-1  that conservation and alternative energy sources cannot meet the
  157-2  need.
  157-3        (f)  If the application for a certificate of convenience and
  157-4  necessity involves new transmission facilities, the commission
  157-5  shall approve or deny the application within one year after the
  157-6  date the application is filed.  If the commission does not approve
  157-7  or deny the application before this deadline, any party may seek a
  157-8  writ of mandamus in a district court of Travis County to compel the
  157-9  commission to make a decision on the application.
 157-10        Sec. 54A.  CERTIFICATES OF OPERATING AUTHORITY.  (1)  No
 157-11  person may provide local exchange service, basic local
 157-12  telecommunications service or switched access service without a
 157-13  certificate of convenience and necessity or a certificate of
 157-14  operating authority or a service provider certificate of operating
 157-15  authority.  In lieu of applying for a certificate of convenience
 157-16  and necessity, an applicant may apply for a certificate of
 157-17  operating authority.  Certificates of operating authority shall be
 157-18  granted on a nondiscriminatory basis after consideration by the
 157-19  commission of factors such as the technical and financial
 157-20  qualifications of the applicant, applicant's ability to meet the
 157-21  commission's quality of service requirements within 60 days of the
 157-22  application.  In exchanges of companies serving less than 31,000
 157-23  access lines the commission shall also consider:
 157-24              (1)  the effect of granting the certificate on any
 157-25  public utility already serving the area, its customers;
 157-26              (2)  the existing utility's ability to provide adequate
 157-27  service at reasonable rates; and
  158-1              (3)  the impact of the existing utility's ability as
  158-2  the provider of last resort; and
  158-3              (4)  the ability of the exchange, not the company, to
  158-4  support more than one provider of service.
  158-5        (2)(a)  After an application for a certificate of convenience
  158-6  and necessity or a certificate of operating authority or a service
  158-7  provider certificate of operating authority is granted or the
  158-8  commission determines that such certificate is not needed for the
  158-9  services to be provided by the applicant, the commission shall
 158-10  conduct such proceeding as it determines appropriate to establish a
 158-11  transitional flexibility plan for the existing public utility in
 158-12  the same area or areas as the new certificate holder.  However no
 158-13  basic local telecommunications service price may be increased until
 158-14  four years following the grant of the certificate to the applicant
 158-15  except as provided in this Act or when the new applicant has
 158-16  completed its deployment plan required by Section 58(a)(1), (2),
 158-17  (3), (4) and (5).
 158-18        (4)(a)  Any application for a certificate of convenience and
 158-19  necessity or certificate of operating authority shall only be
 158-20  granted for areas which are contiguous and reasonably compact and
 158-21  shall have a minimum 3-mile radius except that:
 158-22              (i)  in exchanges in counties having a population of
 158-23  less than 500,000, served by companies having more than 31,000
 158-24  access lines, an area having less than a 3-mile radius may be
 158-25  approved so long as it is contiguous and reasonably compact and has
 158-26  at least 20,000 access lines; and
 158-27              (ii)  in exchanges of companies serving less than
  159-1  31,000 access lines in the state, an application may only be
  159-2  granted for areas which have similar boundaries as the serving
  159-3  central office served by the existing local exchange company
  159-4  holding the certificate of convenience and necessity for that area
  159-5  or areas.
  159-6        (b)  The commission may not grant a certificate of operating
  159-7  authority in any exchange of a local exchange company serving less
  159-8  than 31,000 access lines before September 1, 1998.  The commission
  159-9  shall require that the applicant meet the other appropriate
 159-10  certification provisions of this Act.
 159-11        (c)  Five years after an application for certificate of
 159-12  convenience and necessity or a certificate of operating authority
 159-13  has been granted for a particular area(s) or when the new applicant
 159-14  has completed its deployment plan required by Sec. 58(a), the
 159-15  commission may waive the requirements of Sec.  58(a), (2), (3),
 159-16  (4), and (5) for additional applicants.
 159-17              (5)  Any telecommunications utility that is granted a
 159-18  certificate of convenience and necessity or certificate of
 159-19  operating authority shall be required to offer to any customer in
 159-20  its serving area all basic local telecommunications services as
 159-21  defined in this Act.  In any event, as between holders of
 159-22  certificates of convenience and necessity or operating authority,
 159-23  the holder of a certificate of convenience and necessity shall have
 159-24  provider of last resort obligations.
 159-25        Sec. 54B.  MARKET POWER TEST.  (a)  Notwithstanding any other
 159-26  provisions of this Act, upon notice and hearing, the commission may
 159-27  grant price deregulation of a specific service in a particular
  160-1  geographic market if it determines that the local exchange company
  160-2  is no longer dominant to that specific service in that particular
  160-3  geographic market.  For purposes of this section only, in
  160-4  determining a particular geographic market the commission shall
  160-5  consider economic and technical conditions of the market.  Once a
  160-6  service in a particular market is price deregulated under this
  160-7  subsection, the local exchange company may set the rate for the
  160-8  deregulated service at any level above the service's LRIC.
  160-9        (b)  In order for the commission to determine that a local
 160-10  exchange company is no longer dominant as to a specific service in
 160-11  a particular geographic market, the commission must find that
 160-12  effective competitive alternative exists and that the local
 160-13  exchange company does not have sufficient market power to control
 160-14  the price of the service within a specified geographic area in a
 160-15  manner which is adverse to the public interest.
 160-16        (c)  The commission shall consider the following factors in
 160-17  determining whether the local exchange carrier is dominant as to a
 160-18  specific service in a particular geographic area:
 160-19              (1)  number and size of telecommunication utilities or
 160-20  other persons providing the same, equivalent, or substitutable
 160-21  service in the relevant market and the extent to which the service
 160-22  is available in the relevant market;
 160-23              (2)  ability of customers in the relevant market to
 160-24  obtain the same, equivalent, or substitutable service at comparable
 160-25  rates, terms and conditions;
 160-26              (3)  ability of telecommunications utilities or other
 160-27  persons to make the same, equivalent, or substitutable service
  161-1  readily available in the relevant market a comparable rates, terms,
  161-2  and conditions;
  161-3              (4)  proportion of the relevant market that is
  161-4  currently being provided the service by a telecommunications
  161-5  utility other that the certified local exchange company; and
  161-6              (5)  other relevant information proven necessary by the
  161-7  commission.
  161-8        (d)  The commission, only on its own motion, or on a
  161-9  complaint that the commission deems has merit is granted all
 161-10  necessary power and authority to reassert regulation over a
 161-11  specific service in a particular geographic market if the local
 161-12  exchange company is found to again be dominant or the provider of
 161-13  services pursuant to a certificate of operating authority under
 161-14  Sec. 53 is found to be dominant as to that specific service in that
 161-15  particular geographic market.
 161-16        (e)  Upon request of the electing company in conjunction with
 161-17  an application under this section, the commission shall conduct
 161-18  investigations to determine the existence, impact, and scope of
 161-19  competition in the particular geographic and service markets at
 161-20  issue and in connection therewith may call and hold hearings, issue
 161-21  subpoenas to compel the attendance of witnesses and the production
 161-22  of papers and documents, and has such other powers, whether
 161-23  specifically designated or implied herein, necessary and convenient
 161-24  to the investigation, and make findings of fact and decisions with
 161-25  respect to such markets.
 161-26        (f)  The parties to the proceeding shall be entitled to use
 161-27  the results of the investigation required to be conducted under
  162-1  Subsection (e) in an application for pricing flexibility.
  162-2        (g)  In conjunction with its authority to collect and compile
  162-3  information, the commission may collect reports from holders of a
  162-4  certificate of operating authority and service provider
  162-5  certificates of operating authority.  Any information contained in
  162-6  the reports claimed to be confidential for competitive purposes
  162-7  shall be maintained as confidential by the commission.  Such
  162-8  information shall be exempt from disclosure under the Texas Open
  162-9  Records Act, Section 552.001, Government Code.  The commission may
 162-10  aggregate the information for public use, if the aggregation is
 162-11  sufficient to protect individual markets share or competitive
 162-12  information.  In no event shall the commission disclose any such
 162-13  confidential information in a manner that would permit the
 162-14  identification of such information to a particular carrier.  The
 162-15  aggregated information may be used in a proceeding to show market
 162-16  share or other relevant information.
 162-17        Sec. 55.  (a)  If an area has been or shall be included
 162-18  within the boundaries of a city, town, or village as the result of
 162-19  annexation, incorporation, or otherwise, all <public> certificated
 162-20  telecommunications utilities certified or entitled to certification
 162-21  under this Act to provide service or operate facilities in such
 162-22  area prior to the inclusion shall have the right to continue and
 162-23  extend service in its area of public convenience and necessity
 162-24  within the annexed or incorporated area, pursuant to the rights
 162-25  granted by its certificate and this Act.
 162-26        (b)  Notwithstanding any other provision of law, a <public>
 162-27  certificated telecommunications utility shall have the right to
  163-1  continue and extend service within its area of public convenience
  163-2  and necessity or operating authority and to utilize the roads,
  163-3  streets, highways, alleys, and public property for the purpose of
  163-4  furnishing retail utility service, subject to the authority of the
  163-5  governing body of a municipality to require any <public>
  163-6  certificated telecommunications utility, at its own expense, to
  163-7  relocate its facilities to permit the widening or straightening of
  163-8  streets by giving to the <public> certified telecommunications
  163-9  utility 30 days' notice and specifying the new location for the
 163-10  facilities along the right-of-way of the street or streets.
 163-11        (c)  This section may not be construed as limiting the power
 163-12  of cities, towns, and villages to incorporate or extend their
 163-13  boundaries by annexation, nor may this section be construed as
 163-14  prohibiting any city or town from levying taxes and other special
 163-15  charges for the use of the streets as are authorized by Section
 163-16  182.025, Tax Code.
 163-17        (d)  Where a municipal corporation offers retail electric
 163-18  utility service in a city of more than 135,000 population located
 163-19  in a county of more than 1,500,000 population according to the last
 163-20  federal decennial census, the commission shall singly certificate
 163-21  areas within the corporate limits of such municipality where more
 163-22  than one electric utility provides electric utility service within
 163-23  such corporate limits.  And singly certificating such areas, the
 163-24  commission shall preserve the respective electric utilities' rights
 163-25  to serve the customers such electric utilities are serving on the
 163-26  effective date of this subsection.  Provided, however, the
 163-27  foregoing shall not apply to customers served, at least partially,
  164-1  by a nominal 69,000 volts system, who have given notice of
  164-2  termination to the utility servicing that customer prior to the
  164-3  effective date of this subsection.
  164-4        Sec. 55A.  (a)  Notwithstanding Section 21 of this Act, a
  164-5  municipality may not discriminate against a telecommunications
  164-6  utility that holds a certificate of convenience and necessity or a
  164-7  certificate of operating authority in relation to:
  164-8              (1)  the authorization or placement of
  164-9  telecommunications facilities within public right-of-way;
 164-10              (2)  access to buildings; and,
 164-11              (3)  municipal utility pole attachment rates, terms,
 164-12  and conditions, to the extent not addressed by federal law.
 164-13        (b)  A public or private property owner may not:
 164-14              (1)  interfere with or prevent a telecommunications
 164-15  utility that holds a certificate of convenience and necessity or
 164-16  certificate of operating authority from installing on the owner's
 164-17  property telecommunications services facilities requested by a
 164-18  tenant;
 164-19              (2)  discriminate against one or more
 164-20  telecommunications utilities holding certificates of convenience
 164-21  and necessity or certificates of operating authority in relation to
 164-22  the installation of telecommunication services facilities to a
 164-23  tenant on the owner's property;
 164-24              (3)  demand or accept an inappropriate payment in any
 164-25  form from a tenant or a telecommunications utility holding a
 164-26  certificate of convenience and necessity or certificate of
 164-27  operating authority from allowing the utility on or within the
  165-1  owner's property; or
  165-2              (4)  discriminate against a tenant in any manner,
  165-3  including rental charges, because of the utility from which the
  165-4  tenant receives telecommunications services.
  165-5        (c)  Notwithstanding Subsection (b) of this section, the
  165-6  owner of public or private property may require that:
  165-7              (1)  the utility:
  165-8                    (A)  install the telecommunications facilities in
  165-9  accordance with reasonable conditions necessary to protect the
 165-10  safety, functioning, and appearance of the property and the
 165-11  well-being of other tenants; and
 165-12                    (B)  agree to indemnify the owner of or any
 165-13  damage caused by the installation, operating or removal of the
 165-14  facilities; and
 165-15              (2)  the tenant or the utility bear the entire cost of
 165-16  the installation, operation, or removal of the facilities.
 165-17        (d)  Notwithstanding any other provision of law, the
 165-18  commission has the jurisdiction necessary to:
 165-19              (1)  investigate a complaint relating to a violation of
 165-20  this section, including a complaint relating to the conduct of a
 165-21  municipality; and
 165-22              (2)  enforce this section.
 165-23        (e)  This section applies only to a franchise or contract
 165-24  entered into or amended on or after September 1, 1995.  A franchise
 165-25  or contract entered into or amended before September 1, 1995, is
 165-26  governed by the law in effect when the contract was entered into or
 165-27  amended, and that law is continued in effect for that purpose.
  166-1        Sec. 56.  Contracts between retail public utilities
  166-2  designating areas to be served and customers to be served by those
  166-3  utilities, when approved by the commission, shall be valid and
  166-4  enforceable and shall be incorporated into the appropriate areas of
  166-5  public convenience and necessity.
  166-6        Sec. 57.  If a public utility desires to exercise a right or
  166-7  privilege under a franchise or permit which it contemplates
  166-8  securing but which has not as yet been granted to it, such public
  166-9  utility may apply to the commission for an order preliminary to the
 166-10  issuance of the certificate.  The commission may thereupon make an
 166-11  order declaring that it will, on application, under such rules as
 166-12  it prescribes, issue the desired certificate on such terms and
 166-13  conditions as it designates, after the public utility has obtained
 166-14  the contemplated franchise or permit.  On presentation to the
 166-15  commission of evidence satisfactory to it that the franchise or
 166-16  permit has been secured by the public utility, the commission shall
 166-17  issue the certificate.
 166-18        Sec. 58.  (a)(1)  Except as provided by this section or
 166-19  Section 58A of this Act, the holder of any certificate of
 166-20  convenience and necessity or certificate of operating authority
 166-21  shall offer service <serve> to every consumer within its certified
 166-22  area and shall render continuous and adequate service within the
 166-23  area or areas.
 166-24              (2)  The application for a certificate of convenience
 166-25  and necessity or certificate of operating authority shall specify
 166-26  that it is seeking a facilities based certificate of operating
 166-27  authority pursuant to Section 58(a)(3) or a service provider
  167-1  certificate of operating authority pursuant to Section 58(a)(6).
  167-2              (3)  If seeking a facilities based certificate of
  167-3  operating authority the application must contain a proposed plan
  167-4  demonstrating how the applicant will deploy its facilities
  167-5  throughout the geographic area of its certificated service area
  167-6  over a six year period.  The plan must meet the following
  167-7  conditions:
  167-8                    (A)  10 percent of the area to be served must be
  167-9  served with facilities other than the incumbent local exchange
 167-10  company's by the end of the first year;
 167-11                    (B)  50 percent of the area to be served must be
 167-12  served with facilities other than the incumbent local exchange
 167-13  company's by the end of the third year;
 167-14                    (C)  all of the area to be served must be served
 167-15  with facilities other than the incumbent local exchange company's
 167-16  by the end of the sixth year;
 167-17              (4)  The plan may permit no more than 30 percent of the
 167-18  applicant's service area to be served by resale of the incumbent
 167-19  local exchange company's facilities pursuant to the tariff required
 167-20  to be approved in Section 47B(c), except that during the five years
 167-21  immediately following the grant a holder of a certificate of
 167-22  operating authority may extend its service by resale only within
 167-23  the area it is obligated to serve under the "build-out" plan
 167-24  approved by the commission and to the distant premises of one of
 167-25  its multi-premises customers beyond that build-out area but within
 167-26  its certificated service area.  The 30 percent resale limitation
 167-27  applies to all incumbent local exchange facilities resold by a
  168-1  holder of a certificate of operating authority, regardless of
  168-2  whether the facilities are purchased directly by the certificate of
  168-3  operating authority holder from the incumbent local exchange
  168-4  carrier or purchased by an intermediary carrier from the incumbent
  168-5  local exchange carrier and then provided to the certificate of
  168-6  operating authority holder for resale.  In no event may an
  168-7  applicant use "CMRS" to meet the build-out requirement imposed by
  168-8  this section, but applicants may use PCS wireless technology in the
  168-9  120mhz of radio spectrum licensed by the FCC after January 1, 1995
 168-10  to meet the build out requirement.
 168-11              (5)  The commission shall consider the adequacy of such
 168-12  plan in determining whether to grant the application.  The
 168-13  commission may administratively waive temporarily compliance with
 168-14  the six year plan upon a showing of good cause.  The holder of a
 168-15  certificate shall file periodic reports with the commission
 168-16  demonstrating compliance with the plan approved by the commission
 168-17  including the requirement that no more than 30% of the service area
 168-18  of a new certificate may be served by resale of the incumbent local
 168-19  exchange company's facilities.
 168-20              (6)  Service Provider Certificate of Operating
 168-21  Authority:
 168-22                    (A)  In order to encourage innovative and
 168-23  entrepreneurial businesses to provide telecommunications services,
 168-24  the commission may grant service provider certificates of operating
 168-25  authority.  An applicant must demonstrate that it has the financial
 168-26  and technical ability to provide its services and show that the
 168-27  services will meet the requirements of this section.
  169-1                    (B)  As used in this section, a service provider
  169-2  is a small entrepreneurial business which provides
  169-3  telecommunications services and which together with affiliates has
  169-4  annual revenues of less than $10 million.
  169-5                    (C)  An applicant for a service provider
  169-6  certificate of operating authority will file with its application a
  169-7  description of the services it will provide and show the areas in
  169-8  which it will provide those services.
  169-9                    (D)  A service provider certificate of operating
 169-10  authority holder:
 169-11                          (i)  may obtain services pursuant to the
 169-12  resale tariffs ordered by the commission as specified in Section
 169-13  47B(c).
 169-14                          (ii)  may not use resold local exchange
 169-15  services to provide access or services to interexchange carriers,
 169-16  cellular carriers, competitive access providers or other retail
 169-17  telecommunications providers.
 169-18                          (iii)  may not use a resold local exchange
 169-19  service to avoid the rates, terms and conditions of a local
 169-20  exchange company's tariffs.
 169-21                    (E)  A service provider certificate of operating
 169-22  authority shall not be granted to a holder of a certificate of
 169-23  operating authority or certificate of convenience and necessity nor
 169-24  shall a certificate of operating authority or certificate of
 169-25  convenience and necessity holder be granted a service provider
 169-26  certificate of operating authority.
 169-27              (7)  Certification is not required by any section of
  170-1  this Act for interexchange telecommunications service, non-switched
  170-2  private line service, specialized communications common carrier'
  170-3  services, commercial mobile radio service providers, or operator
  170-4  services as defined in Section 18A(a) of this Act.
  170-5              (8)  In the event of a failure to comply with any of
  170-6  the requirements imposed herein on a holder of a certificate of
  170-7  authority, the commission shall have the authority to:
  170-8                    (A)  revoke the certificate; and/or
  170-9                    (B)  impose administrative penalties or take
 170-10  other action pursuant to Article XIII.
 170-11        (b)  Six years after a certificate of convenience and
 170-12  necessity or a certificate of operating authority has been granted
 170-13  for a particular area or areas, or when at least one new applicant
 170-14  has completed its deployment plan required by Section 58(a), the
 170-15  commission may waive the requirements of Section 58(a)(1), (2),
 170-16  (3), (4) and (5) for other applicants.
 170-17        <(b)> (c)  Unless the commission issues a certificate that
 170-18  neither the present or future convenience and necessity will be
 170-19  adversely affected, the holder of a certificate shall not
 170-20  discontinue, reduce, or impair service to a certified service area
 170-21  or part thereof except for:
 170-22              (1)  nonpayment of charges;
 170-23              (2)  nonuse; or
 170-24              (3)  other similar reasons in the usual course of
 170-25  business.
 170-26        <(c)> (d)  Any discontinuance, reduction, or impairment of
 170-27  service, whether with or without approval of the commission, shall
  171-1  be in conformity with and subject to such conditions, restrictions,
  171-2  and limitations as the commission shall prescribe.
  171-3        Sec. 58A.  The holder of a certificate of convenience and
  171-4  necessity or operating authority shall refuse to serve a customer
  171-5  within its certified area if the holder of the certificate is
  171-6  prohibited from providing the service under Section 212.012 or
  171-7  232.0047, Local Government Code.
  171-8        Sec. 58B.  (a)  Notwithstanding Section 58 of this Act, a
  171-9  telecommunications utility that holds a certificate of operating
 171-10  authority may:
 171-11              (1)  discontinue an optional service that is not
 171-12  essential to the provision of basic local telecommunication
 171-13  service; or
 171-14              (2)  cease operations within its certificated area.
 171-15        (b)  Before a utility discontinues an optional service or
 171-16  ceases operations, the utility must provide notice of the intended
 171-17  action to the commission and each affected customer in the manner
 171-18  required by the commission.
 171-19        (c)  A utility is entitled to discontinue an optional service
 171-20  on or after the 61st day after the date on which the utility
 171-21  provides the notice required by Subsection (b) of this section.
 171-22        (d)  A utility may not cease operations within its
 171-23  certificated area unless:
 171-24              (1)  another provider of basic local telecommunications
 171-25  services has adequate facilities and capacity to serve the
 171-26  customers in the certified area; and
 171-27              (2)  the commission authorizes the utility to cease
  172-1  operations.
  172-2        (e)  The commission may not authorize a utility to cease
  172-3  operations under Subsection (d) of this section before the 61st day
  172-4  after the date on which the utility provides the notice required by
  172-5  Subsection (b) of this section.  The commission may enter an order
  172-6  under this subsection administratively unless the commission
  172-7  receives a complaint from an affected person.
  172-8        Sec. 59.  If the Commission determines that a purchaser,
  172-9  assignee, or lessee is capable of providing adequate service, a
 172-10  public utility may sell, assign, or lease a certificate of public
 172-11  convenience and necessity or certificate of operating authority or
 172-12  any rights obtained under the certificate.  The sale, assignment,
 172-13  or lease shall be on conditions prescribed by the commission.
 172-14        Sec. 60.  If a public utility in constructing or extending
 172-15  its lines, plant, or system interferes or attempts to interfere
 172-16  with the operation of a line, plant, or system of any other public
 172-17  utility, the commission may issue an order prohibiting the
 172-18  construction or extension or prescribing terms and conditions for
 172-19  locating the lines, plants, or systems affected.
 172-20        Sec. 60A.  (a)  Companies providing local exchange service
 172-21  shall negotiate the terms and conditions of printed directory
 172-22  listings and directory assistance within overlapping certificated
 172-23  areas.
 172-24        (b)  On complaint by the local exchange company or the holder
 172-25  of the certificate of convenience and necessity or certificate of
 172-26  operating authority or service provider certificate of operating
 172-27  authority, the commission may resolve disputes between the parties
  173-1  and, if necessary, issue an order setting the terms and conditions
  173-2  of the directory listings or directory assistance.  Only the local
  173-3  exchange company and the holder of the certificate may file a
  173-4  complaint under this subsection.
  173-5        (c)  This section does not affect the authority of a local
  173-6  exchange company to voluntarily conduct negotiations with an
  173-7  applicant for a certificate of convenience and necessity or
  173-8  certificate of operating authority or a service provider
  173-9  certificate of operating authority.
 173-10        Sec. 61.  (a)  After notice and hearing, the commission may:
 173-11              (1)  order a public utility to provide specified
 173-12  improvements in its service in a defined area, if service in such
 173-13  area is inadequate or is substantially inferior to service in a
 173-14  comparable area and it is reasonable to require the company to
 173-15  provide such improved service;
 173-16              (2)  order two or more public utilities to establish
 173-17  specified facilities for the interconnecting service; and
 173-18              (3)  order a telephone company or telephone companies
 173-19  to provide extended area toll-free service within a specified
 173-20  metropolitan area where there is a sufficient community of interest
 173-21  within the area and such service can reasonably be provided.
 173-22        Sec. 61A.  (a)  The right of providers of pay telephone
 173-23  service to set their rates and charges and the commission's
 173-24  authority over the pay telephone service rates of local exchange
 173-25  companies is expressly limited by this section as follows:
 173-26        (1)  Free Calls.  Providers of pay telephone service shall
 173-27  not impose on pay phone end users any charge for local directory
  174-1  assistance or calls made pursuant to the 9-1-1 Emergency Number Act
  174-2  (Chapter 772, Health and Safety Code.)
  174-3        (2)  Local Coin Calls.  Providers of pay telephone service
  174-4  shall not charge end users more than 25 cents for each 5 minutes,
  174-5  or increment thereof, of a pay telephone  call within the local
  174-6  exchange company's toll-free local calling area; provided that the
  174-7  total charge for such local call shall not exceed the maximum
  174-8  amount allowed by Sec. 93B of this Act.  This section does not
  174-9  prohibit the commission from establishing  a higher charge for each
 174-10  5 minutes of use or increment thereof,  following the completion of
 174-11  the proceeding referenced in Section 47B(g).  This subsection does
 174-12  not limit the charge that may be imposed for a credit card or
 174-13  operator handled call.
 174-14        (3)  Set Use Fee.  Pay telephone providers may impose a set
 174-15  use fee not exceeding  50 cents for each call made from a pay
 174-16  telephone, provided that: (a)  the pay telephone is in compliance
 174-17  with the commission rules regarding access to local exchange
 174-18  operators and to the interexchange carrier of the end user's
 174-19  choice; (b)  the imposition of the set use fee is not inconsistent
 174-20  with federal law; (c)  the fee is not imposed for any local call,
 174-21  9-1-1 call or local directory assistance call; (d)  no provider of
 174-22  pay telephone service shall require the end user to deposit coins
 174-23  in the pay telephone pursuant to this section as a condition of
 174-24  making a credit card or operator-handled call.  The commission may
 174-25  not impose on local exchange companies the duty or obligation to
 174-26  record such use, bill  and collect for it, or to remit the fee to
 174-27  providers of pay telephone service.
  175-1        (4)  Credit Card and Operator Handled Calls.  Providers of
  175-2  pay telephone service may not charge for credit card or operator
  175-3  handled  calls any rate or charge that is an amount greater than
  175-4  the rates and charges allowed to be charged as published in the
  175-5  eight newspapers having the largest circulation in Texas on May 15,
  175-6  1995, provided that the payphone rates of local exchange companies
  175-7  subject to Article IV are governed by that article.
  175-8        (b)  Registration.  The commission shall adopt rules within
  175-9  180 days from the effective date of this Act which require every
 175-10  provider of pay telephone service not holding a certificate of
 175-11  convenience and necessity to register with the commission.  A
 175-12  provider of pay telephone service must be registered  with  the
 175-13  commission in order to do business in Texas.
 175-14        (c)  Enforcement.   The commission  shall have the authority
 175-15  to order disconnection of service for up to one year for repeat
 175-16  violators of the commission rules.
 175-17        (d)  "Providers of pay telephone" as used herein means
 175-18  subscribers to customer owned pay telephone service and local
 175-19  exchange companies providing pay telephone service and any other
 175-20  entity providing pay telephone service.
 175-21        (e)  The commission may adopt rules regarding information to
 175-22  be posted on pay telephone instruments, but in no event may those
 175-23  rules require providers of pay telephone service or an affiliate
 175-24  thereof to police the compliance  with such rules by another
 175-25  provider of pay telephone service.
 175-26        Sec. 62.  (a)  The commission at any time after notice and
 175-27  hearing may revoke or amend any certificate of convenience and
  176-1  necessity or certificate of operating authority if it finds that
  176-2  the certificate holder has never provided or is no longer providing
  176-3  service in the area, or part of the area, covered by the
  176-4  certificate.
  176-5        (b)  When the certificate of any public utility is revoked or
  176-6  amended, the commission may require one or more public utilities to
  176-7  provide service in the area in question.
  176-8          ARTICLE <VIII.> XI.  SALE OF PROPERTY AND MERGERS.
  176-9        Sec. 63.  No public utility may sell, acquire, lease, or rent
 176-10  any plant as an operating unit or system in this state for a total
 176-11  consideration in excess of $100,000 or merge or consolidate with
 176-12  another public utility operating in this state unless the public
 176-13  utility reports such transaction to the commission within a
 176-14  reasonable time.  All transactions involving the sale of 50 percent
 176-15  or more of the stock of a public utility shall also be reported to
 176-16  the commission within a reasonable time.  On the filing of a report
 176-17  with the commission, the commission shall investigate the same with
 176-18  or without public hearing, to determine whether the action is
 176-19  consistent with the public interest.  All such investigations shall
 176-20  be completed and a Final Order entered within 90 days of
 176-21  notification.  If an order is not entered, such action shall be
 176-22  deemed consistent with the public interest.  In reaching its
 176-23  determination, the commission shall take into consideration the
 176-24  reasonable value of the property, facilities, or securities to be
 176-25  acquired, disposed of, merged or consolidated.  If the commission
 176-26  finds that such transactions are not in the public interest, the
 176-27  commission shall take the effect of the transaction into
  177-1  consideration in the ratemaking proceedings and disallow the effect
  177-2  of such transaction if it will unreasonably affect rates or
  177-3  service.  The provisions of this section shall not be construed as
  177-4  being applicable to the purchase of units or property for
  177-5  replacement or to the addition to the facilities of the public
  177-6  utility by construction.  This section shall not apply to electing
  177-7  local exchange companies under Articles IV and V or to companies
  177-8  which receive certificates of operating authority or service
  177-9  provider certificates of operating authority under Section 54.
 177-10        Sec. 64.  No public utility may purchase voting stock in
 177-11  another public utility doing business in Texas, unless the utility
 177-12  reports such purchase to the commission.
 177-13        Sec. 65.  No public utility may loan money, stocks, bonds,
 177-14  notes, or other evidences of indebtedness to any corporation or
 177-15  person owning or holding directly or indirectly stock of the public
 177-16  utility unless the public utility reports the transaction to the
 177-17  commission within a reasonable time.
 177-18        ARTICLE <IX.> XII.  RELATIONS WITH AFFILIATED INTERESTS
 177-19        Sec. 67.  The commission shall have jurisdiction over
 177-20  affiliated interests having transactions with public utilities
 177-21  under the jurisdiction of the commission to the extent of access to
 177-22  all accounts and records of such affiliated interests relating to
 177-23  such transactions, including but in no way limited to accounts and
 177-24  records of joint or general expenses, any portion of which may be
 177-25  applicable to such transactions.
 177-26        Sec. 68.  The commission may require the disclosure of the
 177-27  identity and respective interests of every owner of any substantial
  178-1  interest in the voting securities of any public utility or its
  178-2  affiliated interest.  One percent or more is a substantial interest
  178-3  within the meaning of this section.
  178-4                  ARTICLE <X.> XIII.  JUDICIAL REVIEW
  178-5        Sec. 69.  Any party to a proceeding before the commission is
  178-6  entitled to judicial review under the substantial evidence rule.
  178-7  The commission shall be a party defendant in any such proceeding
  178-8  represented by the attorney general.
  178-9        Sec. 70.  Any party represented by counsel who alleges that
 178-10  existing rates are excessive or that those prescribed by the
 178-11  commission are excessive, and who is a prevailing party in
 178-12  proceedings for review of a commission order or decision, may in
 178-13  the same action recover against the regulation fund reasonable fees
 178-14  for attorneys and expert witnesses and other costs for its efforts
 178-15  before the commission and the court, the amount of such attorneys'
 178-16  fees to be fixed by the court.  On a finding by the court that an
 178-17  action under this article was groundless and brought in bad faith
 178-18  and for the purpose of harassment, the court may award to the
 178-19  defendant public utility the reasonable attorneys' fees.
 178-20            ARTICLE <XI.> XIV.  VIOLATIONS AND ENFORCEMENT
 178-21        Sec. 71.  Whenever it appears to the commission that any
 178-22  public utility or any other person or corporation is engaged in, or
 178-23  is about to engage in, any act in violation of this Act or of any
 178-24  order, rule, or regulation of the commission entered or adopted
 178-25  under the provisions of this Act, or that any public utility or any
 178-26  other person or corporation is failing to comply with the
 178-27  provisions of this Act or with any such rule, regulation, or order,
  179-1  the attorney general on request of the commission, in addition to
  179-2  any other remedies provided herein, shall bring an action in a
  179-3  court of competent jurisdiction in the name of and on behalf of the
  179-4  commission against such public utility or other person or
  179-5  corporation to enjoin the commencement or continuation of any such
  179-6  act, or to require compliance with such Act, rule, regulation, or
  179-7  order.
  179-8        Sec. 71A.  (a)  At the request of the commission, the
  179-9  attorney general shall bring suit for the appointment of a receiver
 179-10  to collect the assets and carry on the business of a water or sewer
 179-11  utility that violates a final order of the commission or allows any
 179-12  property owned or controlled by it to be used in violation of a
 179-13  final order of the commission.
 179-14        (b)  The court shall appoint a receiver if such appointment
 179-15  is necessary to guarantee the collection of assessments, fees,
 179-16  penalties, or interest, to guarantee continued service to the
 179-17  customers of the utility, or to prevent continued or repeated
 179-18  violation of the final order.
 179-19        (c)  The receiver shall execute a bond to assure the proper
 179-20  performance of the receiver's duties in an amount to be set by the
 179-21  court.
 179-22        (d)  After appointment and execution of bond the receiver
 179-23  shall take possession of the assets of the utility specified by the
 179-24  court.  Until discharged by the court, the receiver shall perform
 179-25  the duties that the court directs to preserve the assets and carry
 179-26  on the business of the utility and shall strictly observe the final
 179-27  order involved.
  180-1        (e)  Upon a showing of good cause by the utility, the court
  180-2  may dissolve the receivership and order the assets and control of
  180-3  the business returned to the utility.
  180-4        Sec. 71B.  The receiver may, subject to the approval of the
  180-5  court and after giving notice to all interested parties, sell or
  180-6  otherwise dispose of real or personal property, or any part
  180-7  thereof, of a water or sewer utility against which a proceeding has
  180-8  been brought under this article for the purpose of paying for the
  180-9  costs incurred in the operation of the receivership.  Said costs
 180-10  shall include but are not limited to the payment of fees to the
 180-11  receiver for his services; payment of fees to attorneys,
 180-12  accountants, engineers, or any other person or entity which
 180-13  provides goods or services necessary to the operation of the
 180-14  receivership; payment of costs incurred in ensuring any property
 180-15  owned or controlled by a water or sewer utility is not used in
 180-16  violation of a final copy of the commission.
 180-17        Sec. 72.  (a)  Any public utility, water supply or sewer
 180-18  service corporation, customer-owned pay telephone service provider
 180-19  for purposes of Section 93A of this Act, or affiliated interest
 180-20  that knowingly violates a provision of this Act, fails to perform a
 180-21  duty imposed on it, or fails, neglects, or refuses to obey an
 180-22  order, rule, regulation, direction, or requirement of the
 180-23  commission or decree or judgment of a court, shall be subject to a
 180-24  civil penalty of not less than $1,000 nor more than $5,000 for each
 180-25  offense.
 180-26        (b)  A public utility<, water supply or sewer service
 180-27  corporation,> or affiliated interest commits a separate offense
  181-1  each day it continues to violate the provisions of Subsection (a)
  181-2  of this section.
  181-3        (c)  The attorney general shall institute suit on his own
  181-4  initiative or at the request of, in the name of, and on behalf of
  181-5  the commission, in a court of competent jurisdiction to recover the
  181-6  penalty under this section.
  181-7        Sec. 73.  (a)  Any member of the commission, or any officer
  181-8  or director of a public utility or affiliated interest, shall be
  181-9  subject to a civil penalty of $1,000 for each and every knowing
 181-10  violation of Section 6 of this Act, such penalty to be recovered in
 181-11  a suit filed in a court of competent jurisdiction by the attorney
 181-12  general on his own initiative or at the request of, in the name of,
 181-13  and on behalf of, the commission.
 181-14        (b)  Any person, other than an officer or director of a
 181-15  public utility or affiliated interest or a member of the
 181-16  commission, shall be subject to a civil penalty of $500 for each
 181-17  and every knowing violation of Section 6 of this Act, such penalty
 181-18  to be recovered in a suit filed in a court of competent
 181-19  jurisdiction by the attorney general on his own initiative or at
 181-20  the request of, in the name of, and on behalf of the commission.
 181-21        (c)  Any member, officer, or employee of the commission found
 181-22  in any action by a preponderance of the evidence to have violated
 181-23  any provision of Section 6 of this Act shall be removed from his
 181-24  office or employment.
 181-25        Sec. 73A.  (a)  If a public utility or any other person or
 181-26  corporation under the jurisdiction of the railroad commission
 181-27  pursuant to this Act violates this Act and the violation results in
  182-1  pollution of the air or water of this state or poses a threat to
  182-2  the public safety, the public utility or any other person may be
  182-3  assessed a civil penalty by the railroad commission.
  182-4        (b)  The penalty may not exceed $10,000 a day for each
  182-5  violation.  Each day a violation continues may be considered a
  182-6  separate violation for purposes of penalty assessments.
  182-7        (c)  In determining the amount of the penalty, the railroad
  182-8  commission shall consider the public utility's, person's or
  182-9  corporation's history of previous violation of this Act, the
 182-10  seriousness of the violation, any hazard to the health or safety of
 182-11  the public, and the demonstrated good faith of the permittee or
 182-12  public utility, person, or corporation charged.
 182-13        (d)  A civil penalty may be assessed only after the public
 182-14  utility, person, or corporation charged with a violation described
 182-15  under Subsection (a) of this section has been given an opportunity
 182-16  for a public hearing.
 182-17        (e)  If a public hearing has been held, the railroad
 182-18  commission shall make finding of fact, and it shall issue a written
 182-19  decision as to the occurrent of the violation and the amount of the
 182-20  penalty that is warranted, incorporating, when appropriate, an
 182-21  order requiring that the penalty be paid.
 182-22        (f)  If appropriate, the railroad commission shall
 182-23  consolidate the hearings with other proceedings under this Act.
 182-24        (g)  If the public utility, person, or corporation charged
 182-25  with the violation fails to avail itself of the opportunity for a
 182-26  public hearing, a civil penalty may be assessed by the railroad
 182-27  commission after it has determined that a violation did occur and
  183-1  the amount of the penalty that is warranted.
  183-2        (h)  The railroad commission shall then issue an order
  183-3  requiring that the penalty be paid.
  183-4        (i)  On the issuance of an order finding that a violation has
  183-5  occurred, the railroad commission shall inform the public utility,
  183-6  person, or corporation charged within 30 days of the amount of the
  183-7  penalty.
  183-8        (j)  Within the 30-day period immediately following the day
  183-9  on which the decision or order is final as provided in Section
 183-10  16(c), Administrative Procedure and Texas Register Act (Article
 183-11  6252-13a, Vernon's Texas Civil Statutes), the public utility
 183-12  person, or corporation charged with the penalty shall:
 183-13              (1)  pay the penalty in full; or
 183-14              (2)  if the public utility, person, or corporation
 183-15  seeks judicial review of either the amount of the penalty or the
 183-16  fact of the violation, or both:
 183-17                    (A)  forward the amount to the railroad
 183-18  commission for placement in an escrow account; or
 183-19                    (B)  in lieu of payment into escrow, post a
 183-20  supersedeas bond with the railroad commission under the following
 183-21  conditions.  If the decision or order being appealed is the first
 183-22  final railroad commission decision or order assessing any
 183-23  administrative penalty against the public utility, person, or
 183-24  corporation, regardless of the finality of judicial review of any
 183-25  previous decision or order, the railroad commission may accept a
 183-26  supersedeas bond.  Each supersedeas bond shall be for the amount of
 183-27  the penalty and in a form approved by the railroad commission and
  184-1  shall stay the collection of the penalty until all judicial review
  184-2  of the decision or order is final.
  184-3        (k)  If through judicial review of the decision or order it
  184-4  is determined that no violation occurred or that the amount of the
  184-5  penalty should be reduced or not assessed, the railroad commission
  184-6  shall, within the 30-day period immediately following that
  184-7  determination, if the penalty has been paid to the railroad
  184-8  commission, remit the appropriate amount to the public utility,
  184-9  person, or corporation with accrued interest, or where a
 184-10  supersedeas bond has been posted, the railroad commission shall
 184-11  execute a release of such bond.
 184-12        (l)  Failure to forward the money to the railroad commission
 184-13  within the time provided by Subsection (j) of this section results
 184-14  in a waiver of all legal rights to contest the violation or the
 184-15  amount of the penalty.
 184-16        (m)  Civil penalties owed under this Section may be recovered
 184-17  in a civil action brought by the attorney general at the request of
 184-18  the railroad commission.
 184-19        (n)  Judicial review of the order or decision of the railroad
 184-20  commission assessing the penalty shall be under the substantial
 184-21  evidence rule and shall be instituted by filing a petition with the
 184-22  district court of Travis County, Texas, and not elsewhere, as
 184-23  provided for in Section 19, Administrative Procedure and Texas
 184-24  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
 184-25        Sec. 74.  (a)  Except as provided by Section 87B of this Act,
 184-26  any person or persons who willfully and knowingly violate the
 184-27  provisions of this Act shall be guilty of a third degree felony.
  185-1        (b)  All penalties accruing under this Act shall be
  185-2  cumulative and a suit for the recovery of any penalty shall not be
  185-3  a bar to or affect the recovery of any other penalty, or be a bar
  185-4  to any criminal prosecution against any public utility or any
  185-5  officer, director, agent, or employee thereof or any other
  185-6  corporation or person.
  185-7        Sec. 75.  If any person fails to comply with any lawful order
  185-8  of the commission or with any subpoena or subpoena duces tecum or
  185-9  if any witness refuses to testify about any matter on which he may
 185-10  be lawfully interrogated, the commission may apply to any court of
 185-11  competent jurisdiction to compel obedience by proceedings for
 185-12  contempt.
 185-13        Sec. 76.  Fines and penalties collected under this Act in
 185-14  other than criminal proceedings shall be paid to the commission and
 185-15  paid by the commission to the state treasury to be placed in the
 185-16  general revenue fund.
 185-17        Sec. 77.  Suits for injunction or penalties under the
 185-18  provision of this Act may be brought in Travis County, in any
 185-19  county where such violation is alleged to have occurred, or in the
 185-20  county or residence of any defendant.
 185-21                ARTICLE <XII> XV.  COMMISSION FINANCING
 185-22        Sec. 78.  An assessment is hereby imposed upon each public
 185-23  utility, including interexchange telecommunications utilities,
 185-24  within the commission's jurisdiction serving the ultimate consumer
 185-25  equal to one-sixth of one percent of its gross receipts from rates
 185-26  charged the ultimate consumers in Texas for the purpose of
 185-27  defraying the costs and expenses incurred in the administration of
  186-1  this Act.  Thereafter the commission shall, subject to the approval
  186-2  of the Legislature, adjust this assessment to provide a level of
  186-3  income sufficient to fund the commission and the office of public
  186-4  utility counsel.  Nothing in this Act or any other provision of law
  186-5  shall prohibit interexchange telecommunications carriers who do not
  186-6  provide local exchange telephone service from collecting the fee
  186-7  imposed under this Act as an additional item separately stated on
  186-8  the customer bill as "Utility Gross Receipts Assessment."
  186-9        Sec. 79.  All assessments shall be due on August 15 of each
 186-10  year.  Any public utility may instead make quarterly payments due
 186-11  on August 15, November 15, February 15, and May 15 of each year.
 186-12  There shall be assessed as a penalty an additional fee of 10
 186-13  percent of the amount due for any late payment.  Fees delinquent
 186-14  for more than 30 days shall draw interest at the rate of 12 percent
 186-15  per annum on the assessment and penalty due.
 186-16        Sec. 79A.  (a)  For the assessments covered by this section,
 186-17  assessments are due as provided by this section notwithstanding
 186-18  Section 79 of this Act, based on a public utility's estimate of its
 186-19  gross receipts.
 186-20        (b)  For the assessment due August 15, 1995, 50 percent of
 186-21  the assessment must be paid by August 15, 1994, and 50 percent must
 186-22  be paid by February 15, 1995.
 186-23        (c)  For the assessment due August 15, 1996, 50 percent of
 186-24  the assessment must be paid by August 15, 1995, and 50 percent must
 186-25  be paid by February 15, 1996.
 186-26        (d)  For the assessment due August 15, 1997, 50 percent of
 186-27  the assessment must be paid by August 15, 1996, and the remainder
  187-1  must be paid by August 15, 1997.
  187-2        (e)  Any assessment amounts underpaid on assessments due on
  187-3  August 15, 1995, or August 15, 1996, must be paid by those
  187-4  respective dates.  Any assessment amounts overpaid shall be
  187-5  credited against following assessments.
  187-6        (f)  This section expires September 1, 1997.
  187-7        Sec. 80.  All fees, penalties, and interest paid under the
  187-8  provisions of Sections 78 and 79 of this article shall be collected
  187-9  by the comptroller of public accounts and paid into the general
 187-10  revenue fund.  The commission shall notify the comptroller of
 187-11  public accounts of any adjustment of the assessment imposed in
 187-12  Section 78 when made.
 187-13        Sec. 81.  The budget of the commission shall be subject to
 187-14  legislative approval as part of the appropriations act.
 187-15        Sec. 82.  The commission shall keep such accounting records
 187-16  as required by the comptroller.  The financial transactions of the
 187-17  commission are subject to audit by the state auditor in accordance
 187-18  with Chapter 321, Government Code.
 187-19             ARTICLE <XIII> XVI.  MISCELLANEOUS PROVISIONS
 187-20        Sec. 83.  (a)  Any affected person may complain to the
 187-21  regulatory authority in writing setting forth any act or thing done
 187-22  or omitted to be done by any public utility in violation or claimed
 187-23  violation of any law which the regulatory authority has
 187-24  jurisdiction to administer, or of any order, ordinance, rule, or
 187-25  regulation of the regulatory authority.  The commission shall keep
 187-26  an information file about each complaint filed with the commission
 187-27  relating to a utility.  The commission shall retain the file for a
  188-1  reasonable period.
  188-2        (b)  If a written complaint is filed with the commission
  188-3  relating to a utility, the commission, at least as frequently as
  188-4  quarterly and until final disposition of the complaint, shall
  188-5  notify the parties to the complaint of the status of the complaint
  188-6  unless the notice would jeopardize an undercover investigation.
  188-7        (c)  Any affected person may complain to the regulatory
  188-8  authority in writing setting forth any act or thing done or not
  188-9  done by any recreational vehicle park owner that provides metered
 188-10  electric service under Article 1446d-2, Revised Statutes, in
 188-11  violation or claimed violation of any law that the regulatory
 188-12  authority has jurisdiction to administer or of any order,
 188-13  ordinance, rule, or regulation of the regulatory authority.  The
 188-14  commission shall keep an information file about each complaint
 188-15  filed with the commission relating to a recreational vehicle park
 188-16  owner.  The commission shall retain the file for a reasonable
 188-17  period.  The commission, quarterly or more often until final
 188-18  disposition of the written complaint, shall notify the parties to
 188-19  the complaint of the status of the complaint unless the notice
 188-20  would jeopardize an undercover investigation.
 188-21        Sec. 84.  A record shall be kept of all proceedings had
 188-22  before the regulatory authority, and all the parties shall be
 188-23  entitled to be heard in person or by an attorney.
 188-24        Sec. 85.  During the pendency of an appeal, the district
 188-25  court, the court of civil appeals, or the supreme court, as the
 188-26  case may be, may stay or suspend, in whole or in part, the
 188-27  operation of the regulatory authority order, ruling, or decision
  189-1  and such courts in granting or refusing a stay or suspension shall
  189-2  act in accordance with the practice of courts exercising equity
  189-3  jurisdiction.
  189-4        Sec. 87.  (a)  The regulatory authority shall assume
  189-5  jurisdiction and all powers and duties of regulation under this Act
  189-6  on January 1, 1976, except as provided in Subsection (b) of this
  189-7  section.
  189-8        (b)  The regulatory authority shall assume jurisdiction over
  189-9  rates and service of public utilities on September 1, 1976.
 189-10        Sec. 87A.  (a)  The provisions of this section apply
 189-11  notwithstanding any other provision of this Act.
 189-12        (b)  Water and sewer utility property in service which was
 189-13  acquired from an affiliate or developer prior to September 1, 1976,
 189-14  included by the utility in its rate base shall be included in all
 189-15  ratemaking formulae and at the installed cost of the property
 189-16  rather than the price set between the entities.  Unless the funds
 189-17  for this property are provided by explicit customer agreements, the
 189-18  property shall be considered invested capital and shall not be
 189-19  considered contributions in aid of construction or
 189-20  customer-contributed capital.
 189-21        (c)  Depreciation expense included in cost of service shall
 189-22  include depreciation on all currently used, depreciable utility
 189-23  property owned by the utility.
 189-24        Sec. 87B.  A telecommunications utility providing dedicated
 189-25  line long distance service (TEXAN) to the state on August 31, 1987,
 189-26  shall continue to have this type of service available to the state
 189-27  on a month-to-month contract basis until September 1, 1988.  The
  190-1  contract will become effective on September 1, 1987, and shall be
  190-2  under terms and conditions negotiated by the state and the utility
  190-3  in accordance with the amounts appropriated by the General
  190-4  Appropriations Act for this purpose.  The State Purchasing and
  190-5  General Services Commission shall perform all actions necessary to
  190-6  insure that one or more contracts for telecommunications services
  190-7  as provided in Article 10 of the State Purchasing and General
  190-8  Services Act (Article 601b, Vernon's Texas Civil Statutes) (TEXAN
  190-9  II) are awarded pursuant to the requirements of the State
 190-10  Purchasing and General Services Act (Article 601b, Vernon's Texas
 190-11  Civil Statutes) by October 15, 1987, and that TEXAN II is
 190-12  operational no later than August 31, 1988.  Those funds
 190-13  appropriated by the General Appropriations Act for extending the
 190-14  existing TEXAN contract which are not expended in fiscal year 1988
 190-15  shall be transferred to the State Purchasing and General Services
 190-16  Commission for the sole purpose of offsetting the expenses
 190-17  associated with the administration of the TEXAN II network.  If,
 190-18  during the period of time this section is in effect, any
 190-19  supplemental or other telecommunications service is required by the
 190-20  state, it may be acquired from vendors other than the utility or
 190-21  utilities providing TEXAN or TEXAN II service.
 190-22        Sec. 87C.  (a)  This section applies only to the provision of
 190-23  caller identification service.
 190-24        (b)  A person may not offer a caller identification service
 190-25  unless the person obtains written authorization from the
 190-26  commission.
 190-27        (c)  The commission shall require that a provider of caller
  191-1  identification service offer per-call blocking at no charge to each
  191-2  telephone subscriber in the specific area in which the service is
  191-3  offered.
  191-4        (d)  The commission shall require that a provider offer
  191-5  per-line blocking at no charge to a particular customer if the
  191-6  commission receives from the customer written certification that
  191-7  the customer has a compelling need for per-line blocking.  If a
  191-8  customer later removes the per-line block, the provider may assess
  191-9  a service order charge relating to administrative costs in an
 191-10  amount approved by the commission to reinstate the per-line block.
 191-11  The commission may prescribe and assess fees and assessments from
 191-12  providers of caller identification service in an amount sufficient
 191-13  to cover the additional expenses incurred by the commission in
 191-14  implementing the customer certification provisions of this
 191-15  subsection.  Reports, records, and information received under this
 191-16  subsection by the commission or by a provider of caller
 191-17  identification service are confidential and may be used only for
 191-18  the purposes of administering this subsection.
 191-19        (e)  The commission may only prescribe in relation to
 191-20  blocking the requirements prescribed by Subsections (c) and (d) of
 191-21  this section.
 191-22        (f)  A person may not use a caller identification service to
 191-23  compile and sell specific local call information without the
 191-24  affirmative consent and approval of the originating telephone
 191-25  customer.  This subsection does not prohibit the provider from:
 191-26              (1)  verifying network performance or from testing the
 191-27  provision of caller identification service;
  192-1              (2)  compiling, using, and disclosing aggregate caller
  192-2  identification information; or
  192-3              (3)  complying with applicable law or legal process.
  192-4        (g)  This section does not apply to:
  192-5              (1)  an identification service that is used within the
  192-6  same limited system, including a central office based PBX-type
  192-7  system;
  192-8              (2)  information that is used on a public agency's
  192-9  emergency telephone line or on a line that receives the primary
 192-10  emergency telephone number (9-1-1);
 192-11              (3)  information passed between telecommunications
 192-12  utilities, enhanced service providers, or other entities that is
 192-13  necessary for the set-up, processing, transmission, or billing of
 192-14  telecommunications or related services;
 192-15              (4)  information provided in compliance with applicable
 192-16  law or legal process; or
 192-17              (5)  an identification service provided in connection
 192-18  with a "700," "800," or "900" access code telecommunications
 192-19  service.
 192-20        (h)  In this section:
 192-21              (1)  "Caller identification information" means:
 192-22                    (A)  the telephone listing number and/or name of
 192-23  the customer from whose telephone instrument a telephone number is
 192-24  dialed; or
 192-25                    (B)  other information that may be used to
 192-26  identify the specific originating number or originating location of
 192-27  a wire or electronic communication transmitted by a telephone
  193-1  instrument.
  193-2              (2)  "Caller identification service" means a service
  193-3  offered by a telecommunications utility that provides caller
  193-4  identification information to a device capable of displaying the
  193-5  information.
  193-6              (3)  "Per-call blocking" means a telecommunications
  193-7  service that prevents the transmission of caller identification
  193-8  information to a called party on an individual call if the calling
  193-9  party acts affirmatively to prevent the transmission of the caller
 193-10  identification information.
 193-11              (4)  "Per-line blocking" means a telecommunications
 193-12  service that prevents the transmission of caller identification
 193-13  information to a called party on every call unless the calling
 193-14  party acts affirmatively to release the caller identification
 193-15  information.
 193-16        (i)  CRMS providers may offer caller identification services
 193-17  under the same terms and conditions outlined in Subsections (c),
 193-18  (d), (e), and (f) of this section.
 193-19        Sec. 88A.  The commission may serve as a resource center to
 193-20  assist school districts in developing energy efficient facilities.
 193-21  As such, the commission may:
 193-22              (1)  present to school districts programs relating to
 193-23  managing energy, training school-plant operators, and designing
 193-24  energy efficient buildings;
 193-25              (2)  provide school districts with technical assistance
 193-26  in managing energy;
 193-27              (3)  collect and distribute information relating to
  194-1  energy management in school facilities; and
  194-2              (4)  offer to educators energy resource workshops and
  194-3  may make available to educators a film library on energy-related
  194-4  matters and energy education lesson packages.
  194-5        Sec. 89.  This Act shall be construed liberally to promote
  194-6  the effectiveness and efficiency of regulation of public utilities
  194-7  to the extent that such construction preserves the validity of this
  194-8  Act and its provisions.  The provisions of this Act shall be
  194-9  construed to apply so as not to conflict with any authority of the
 194-10  United States.
 194-11        Sec. 90.  (a)  Articles 1119, 1121, 1122, 1124, 1125, 1126,
 194-12  1127, 1128, 1129, 1130, 1131, 1132, 1268, 1423, 1424, and 1425,
 194-13  Revised Civil Statutes of Texas, 1925, as amended; Section 8a,
 194-14  Chapter 283, Acts of the 40th Legislature, Regular Session, 1927
 194-15  (Article 1011i, Vernon's Texas Civil Statutes) and all other laws
 194-16  and parts of laws in conflict with this Act are repealed effective
 194-17  September 1, 1976.
 194-18        (b)  All rules and regulations promulgated by regulatory
 194-19  authorities in the exercise of their jurisdiction over public
 194-20  utilities, as defined in this Act, shall remain in effect until
 194-21  such time as the commission or railroad commission promulgates
 194-22  provisions applicable to the exercise of the commission's or
 194-23  railroad commission's jurisdiction over public utilities.
 194-24        Sec. 91.  The Public Utility Commission is authorized to
 194-25  establish criteria and guidelines with the utility industry
 194-26  relating to procedures employed by the industry in terminating
 194-27  services to the elderly and disabled.
  195-1        Sec. 92.  If any provision of this Act or the application
  195-2  thereof to any person or circumstances is held invalid, such
  195-3  invalidity shall not affect other provisions or applications of
  195-4  this Act which can be given effect without the invalid provision or
  195-5  application, and to this end the provisions of this Act are
  195-6  declared to be severable.
  195-7        Sec. 93.  Local exchange companies' rates for interexchange
  195-8  telecommunications services must be statewide average rates unless
  195-9  the commission on application and hearing orders otherwise.
 195-10  Nothing in this section limits a local exchange company's ability
 195-11  to enter into contracts for high speed private line services of
 195-12  1.544 megabits or greater under the provisions of Section 18 of
 195-13  this Act.
 195-14        Sec. 93A.  (a)  A pay telephone service provider may not
 195-15  display the telephone number of a pay telephone that cannot receive
 195-16  a telephone call.
 195-17        (b)  A pay telephone service provider shall place in a
 195-18  conspicuous location on each pay telephone that cannot receive
 195-19  telephone calls a notice stating in letters one-fourth inch high:
 195-20  "THIS TELEPHONE CANNOT RECEIVE TELEPHONE CALLS."
 195-21        (c)  A pay telephone service provider that violates a
 195-22  provision of this section or a rule or order adopted by the
 195-23  commission under this section is subject to a civil penalty as
 195-24  provided by Section 72 of this Act, unless such provider, within 14
 195-25  days of receiving written notice of a violation, takes corrective
 195-26  action to comply with the provisions of this section.
 195-27        (d)  The commission has jurisdiction over all pay telephone
  196-1  service providers to the extent necessary to enforce this section
  196-2  regardless of whether a pay telephone service provider is a
  196-3  telecommunications utility regulated under this Act.
  196-4        (e)  The commission may adopt rules and establish procedures
  196-5  to enforce this section.
  196-6        Sec. 93A.  (a)  To address telephone calling needs between
  196-7  nearby telephone exchanges, the commission shall initiate a
  196-8  rulemaking proceeding to approve rules to provide for an expedited
  196-9  hearing to allow the expanding of toll-free calling areas according
 196-10  to the following criteria:
 196-11              (1)  Toll-free calling boundaries may only be expanded
 196-12  under this section after the filing of a petition signed by the
 196-13  lesser of five percent of the subscribers or 100 subscribers within
 196-14  an exchange.  If such a petition is filed with the commission, the
 196-15  commission shall order the local exchange company to provide for
 196-16  the balloting of its subscribers within the petitioning exchange
 196-17  and, if there is an affirmative vote of at least 70 percent of
 196-18  those responding, the commission shall consider the request.
 196-19              (2)  The commission shall provide for the expansion of
 196-20  toll-free calling areas for each local exchange customer in the
 196-21  petitioning exchange if the petitioning exchange serves not more
 196-22  than 10,000 lines and if:
 196-23                    (A)  the petitioning exchange is located within
 196-24  22 miles of the exchange requested for toll-free calling service;
 196-25  or
 196-26                    (B)  the petitioning exchange shares a community
 196-27  of interest with the exchange requested for toll-free calling
  197-1  service.  For purposes of this paragraph, "community of interest"
  197-2  includes areas that have a relationship because of schools,
  197-3  hospitals, local governments, business centers, and other
  197-4  relationships the unavailability of which would cause a hardship to
  197-5  the residents of the area but need not include an area where the
  197-6  affected central offices are more than 50 miles apart.
  197-7              (3)(A)  The local exchange company shall recover all of
  197-8  its costs incurred and all loss-of revenue from any expansion of
  197-9  toll-free calling areas under this section through a request other
 197-10  than a revenue requirement showing by:
 197-11                          (i)  a monthly fee for toll-free calling
 197-12  service of not more than $3.50 per line for residential customers
 197-13  nor more than $7 per line for business customers, to be collected
 197-14  from all such residential or business customers in the petitioning
 197-15  exchange and only until the local exchange company's next general
 197-16  rate case;
 197-17                          (ii)  a monthly fee for toll-free calling
 197-18  service for all of the local exchange company's local exchange
 197-19  service customers in the state in addition to the company's current
 197-20  local exchange rates; or
 197-21                          (iii)  both (i) and (ii).
 197-22                    (B)  A local exchange company may not recover
 197-23  regulatory case expenses under this section by surcharging
 197-24  petitioning exchange subscribers.
 197-25              (b)(1)  The commission and a local exchange company are
 197-26  not required to comply with this section with regard to a
 197-27  petitioning exchange or petitioned exchange if:
  198-1                    (A)  the commission determines that there has
  198-2  been a good and sufficient showing of a geographic or technological
  198-3  infeasibility to serve the area;
  198-4                    (B)  the local exchange company has less than
  198-5  10,000 lines;
  198-6                    (C)  the petitioning or petitioned exchange is
  198-7  served by a cooperative;
  198-8                    (D)  extended area service or extended
  198-9  metropolitan service is currently available between the petitioning
 198-10  and petitioned exchanges; or
 198-11                    (E)  the petitioning or petitioned exchange is a
 198-12  metropolitan exchange.
 198-13              (2)  The commission may expand the toll-free calling
 198-14  area into an exchange not within a metropolitan exchange but within
 198-15  the local calling area contiguous to a metropolitan exchange that
 198-16  the commission determines to have a community of interest
 198-17  relationship with the petitioning exchange.  For the purposes of
 198-18  this section, metropolitan exchange, local calling area of a
 198-19  metropolitan exchange, and exchange have the meanings and
 198-20  boundaries as defined and approved by the commission on the
 198-21  effective date of this section.  However, under no circumstances
 198-22  shall a petitioning or petitioned exchange be split in the
 198-23  provision of a toll-free calling area.
 198-24        (c)  The commission may, in order to promote the wide
 198-25  dispersion of pay telephones, either exempt such telephones from
 198-26  the provisions of this section or change the rates to be charged
 198-27  from such telephones in an amount sufficient to promote this goal.
  199-1        Sec. 93B.  The amount a hotel or motel charges for a local
  199-2  telephone call, a credit card telephone call, a collect telephone
  199-3  call, or any other local telephone call, or any other local
  199-4  telephone call for which assistance from the hotel or motel
  199-5  operator is not required may not exceed 50 cents.
  199-6        Sec. 93C.  (a)  A telecommunications utility that transports
  199-7  or provides a "1-900" service under a contract authorized by
  199-8  Article 42.131 or 42.18, Code of Criminal Procedure, and its
  199-9  subsequent amendments that is used by a defendant under the
 199-10  supervision of a community supervision and corrections department
 199-11  or the pardons and paroles division of the Texas Department of
 199-12  Criminal Justice to pay a fee or cost or to comply with telephone
 199-13  reporting requirements may adjust or authorize the adjustment of an
 199-14  end-user's bill for those fees or costs or charges for reporting
 199-15  only with the consent of the contracting community supervision and
 199-16  corrections department or the contracting pardons and paroles
 199-17  division of the Texas Department of Criminal Justice.
 199-18        (b)  This section applies only to an intrastate "1-900"
 199-19  service.
 199-20        Sec. 93D.  (a)  Local exchange companies serving in excess of
 199-21  1,000,000 access lines in this state which provide mandatory two
 199-22  way extended area service to customers for a separately stated
 199-23  monthly charge in excess of $3.50 per line for residential
 199-24  customers and $7.00 per line for business customers shall file with
 199-25  the Commission to reduce its monthly rates for such extended area
 199-26  service to $3.50 per line for residential customers and $7.00 per
 199-27  line for business customers.  The local exchange company shall
  200-1  recover all of its costs incurred and all loss of revenue which
  200-2  results from implementation of such rates in the manner set out in
  200-3  Section 93A(a)(3)(A)(ii) of this Act.
  200-4        (b)  The commission and a local exchange company are not
  200-5  required to comply with this section with regard to the separately
  200-6  stated monthly charges for the provision of mandatory two way
  200-7  extended area service if the charge is for extended area service in
  200-8  or into a metropolitan exchange, or the charge is for extended
  200-9  metropolitan service.
 200-10  ARTICLE <XIV> XVII.  TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
 200-11                        UNIVERSAL SERVICE FUND
 200-12        Sec. 94.  The commission shall adopt and enforce rules
 200-13  requiring each local exchange company to establish a
 200-14  telecommunications service assistance program to be called
 200-15  "tel-assistance service."  This service is established to provide
 200-16  eligible consumers with a reduction in costs of telecommunications
 200-17  services.
 200-18        Sec. 95.  (a)  To be eligible for tel-assistance service, an
 200-19  applicant must be a head of household, 65 years of age or older,
 200-20  and disabled as determined by the Texas Department of Human
 200-21  Services and must have a household income at or below the poverty
 200-22  level as determined by the United States Office of Management and
 200-23  Budget and reported annually in the Federal Register.  The
 200-24  department, in accordance with this article and rules adopted by
 200-25  the department for the program, shall develop procedures for taking
 200-26  applications for certification of eligibility and for determining
 200-27  program eligibility.  The burden of proving eligibility for
  201-1  tel-assistance service is on the consumer applying for the service.
  201-2        (b)  Each six months the department shall provide a list or
  201-3  lists of the names, addresses, and, if applicable, telephone
  201-4  numbers of all persons eligible for tel-assistance service to each
  201-5  local exchange company.  The local exchange company shall determine
  201-6  from the list those consumers to whom the company provides service
  201-7  and within 60 days after receiving the list shall begin
  201-8  tel-assistance billing for eligible consumers.  This billing shall
  201-9  continue until the local exchange company is notified by the
 201-10  department that a consumer is no longer eligible to receive
 201-11  tel-assistance service.
 201-12        Sec. 96.  (a)  The local exchange company shall provide
 201-13  tel-assistance service to all eligible consumers within its
 201-14  certified area in the form of a reduction on each eligible
 201-15  consumer's telephone bill.  The reduction shall apply only to the
 201-16  following types of service.
 201-17              (1)  residential flat rate basic local exchange
 201-18  service;
 201-19              (2)  residential local exchange access service; and
 201-20              (3)  residential local area calling usage, except that
 201-21  the reduction for local area calling usage shall be limited to an
 201-22  amount such that together with the reduction for local exchange
 201-23  access service the rate does not exceed the comparable reduced flat
 201-24  rate for the service.
 201-25        (b)  No other local voice service may be provided to the
 201-26  dwelling place of a tel-assistance consumer, nor may single or
 201-27  party line optional extended area service, optional extended area
  202-1  calling service, foreign zone, or foreign exchange service be
  202-2  provided to a tel-assistance consumer.  Nothing in this section
  202-3  shall prohibit a person otherwise eligible to receive
  202-4  tel-assistance service from obtaining and using telecommunications
  202-5  equipment designed to aid such person in utilizing
  202-6  telecommunications services.
  202-7        (c)  The reduction allowed by the telecommunications service
  202-8  assistance program shall be 65 percent of the applicable tariff
  202-9  rate for the service provided.
 202-10        Sec. 96A.  (a)  The commission shall adopt and enforce rules
 202-11  establishing a statewide telecommunications relay access service
 202-12  for the hearing-impaired and speech-impaired using specialized
 202-13  communications equipment such as telecommunications devices for the
 202-14  deaf (TDD) and operator translations.  The purpose of this section
 202-15  is to provide for the uniform and coordinated provision of the
 202-16  service on a statewide basis by one telecommunications carrier.
 202-17        (b)  On or before January 1, 1990, the commission shall adopt
 202-18  rules establishing a statewide telecommunications relay access
 202-19  service for the hearing-impaired and speech-impaired with the
 202-20  following provisions:
 202-21              (1)  the service shall provide the hearing-impaired and
 202-22  speech-impaired with access to the telecommunications network in
 202-23  Texas equal to that provided other customers;
 202-24              (2)  the service shall begin on or before September 1,
 202-25  1990;
 202-26              (3)  the service shall consist of the following:
 202-27                    (A)  switching and transmission of the call;
  203-1                    (B)  verbal and print translations by either live
  203-2  or automated means between hearing-impaired and speech-impaired
  203-3  individuals who use TDD equipment or similar automated devices and
  203-4  others who do not have such equipment; and
  203-5                    (C)  other service enhancements proposed by the
  203-6  carrier and approved by the commission;
  203-7              (4)  the calling or called party shall bear no charge
  203-8  for calls originating and terminating within the same local calling
  203-9  area;
 203-10              (5)  the calling or called party shall bear one-half of
 203-11  the total charges established by contract with the commission for
 203-12  intrastate interexchange calls;
 203-13              (6)  as specified in its contract with the commission,
 203-14  charges related to providing the service which are not borne by a
 203-15  calling or called party pursuant to Subdivisions (4) and (5) of
 203-16  this subsection shall be funded from the universal service fund;
 203-17              (7)  local exchange carriers shall not impose
 203-18  interexchange carrier access charges on calls which make use of
 203-19  this service and which originate and terminate in the same local
 203-20  calling area;
 203-21              (8)  local exchange carriers shall provide billing and
 203-22  collection services in support of this service at just and
 203-23  reasonable rates; and
 203-24              (9)  if the commission orders a local exchange company
 203-25  to provide for a trial telecommunications relay access service for
 203-26  the hearing-impaired or speech-impaired, all pertinent costs and
 203-27  design information from this trial shall be available to the
  204-1  general public.
  204-2        (c)  The commission shall allow telecommunications utilities
  204-3  to recover their universal service fund assessment related to this
  204-4  service through a surcharge which the utility may add to its
  204-5  customers' bills.  The commission shall specify how the amount of
  204-6  the surcharge is to be determined by each utility.  If a utility
  204-7  chooses to impose the surcharge, the bill shall list the surcharge
  204-8  as the "universal service fund surcharge."
  204-9        (d)  For the purpose of funding the start-up costs of this
 204-10  service and for the first year of the service, the commission shall
 204-11  require that 55 percent of the funds shall come from local exchange
 204-12  carriers and that 45 percent of the funds shall come from all other
 204-13  telecommunications utilities.  At the end of the first year of the
 204-14  service, the commission shall set the appropriate assessments for
 204-15  the funding of the service by all telecommunications utilities.  In
 204-16  setting the appropriate assessments after the first year for
 204-17  funding of the service, the commission shall consider the aggregate
 204-18  calling pattern of the users of the service and all other factors
 204-19  found appropriate and in the public interest by the commission.
 204-20  The commission shall review the assessments annually and adjust the
 204-21  assessments as found appropriate hereunder.
 204-22        (e)  On or before April 1, 1990, the commission shall select
 204-23  the telecommunications carrier which will provide the statewide
 204-24  telecommunications relay access service for the hearing-impaired
 204-25  and speech-impaired.  In awarding the contract for this service,
 204-26  the commission shall make a written award of the contract to the
 204-27  offerer whose proposal is the most advantageous to the state,
  205-1  considering price, the interests of the hearing-impaired and
  205-2  speech-impaired community in having access to a high quality and
  205-3  technologically advanced telecommunications system, and all other
  205-4  factors listed in the commission's request for proposals.  The
  205-5  commission shall consider each proposal in a manner that does not
  205-6  disclose the contents of the proposal to competing offerers.  The
  205-7  commission's evaluation of the proposals shall include:
  205-8              (1)  charges for the service;
  205-9              (2)  service enhancements proposed by the offerers;
 205-10              (3)  technological sophistication of the network
 205-11  proposed by the offerers; and
 205-12              (4)  the proposed commencement date for the service.
 205-13        (f)  The telecommunications carrier providing the service
 205-14  shall be compensated for providing such service at rates, terms,
 205-15  and conditions established in its contract with the commission.
 205-16  This compensation may include a return on the investment required
 205-17  to provide the service and compensation for unbillable and
 205-18  uncollectible calls placed through the service, provided that
 205-19  compensation for unbillable and uncollectible calls shall be
 205-20  subject to a reasonable limitation as determined by the commission.
 205-21        (g)  On or before September 15, 1989, the commission shall
 205-22  appoint an advisory committee to assist the commission in
 205-23  administering this section.
 205-24              (1)  The advisory committee shall be composed of:
 205-25                    (A)  two deaf persons recommended by the Texas
 205-26  Association of the Deaf;
 205-27                    (B)  one hearing-impaired person recommended by
  206-1  Self-Help for the Hard of Hearing;
  206-2                    (C)  one hearing-impaired person recommended by
  206-3  the American Association of Retired Persons;
  206-4                    (D)  one deaf and blind person recommended by the
  206-5  Texas Deaf/Blind Association;
  206-6                    (E)  one speech-impaired person and one
  206-7  speech-impaired and hearing-impaired person recommended by the
  206-8  Coalition of Texans with Disabilities;
  206-9                    (F)  two representatives of telecommunications
 206-10  utilities, one representing a nonlocal exchange utility and one
 206-11  representing a local exchange carrier, chosen from a list of
 206-12  candidates provided by the Texas Telephone Association;
 206-13                    (G)  two persons, at least one of whom is deaf,
 206-14  with experience in providing relay services recommended by the
 206-15  Texas Commission for the Deaf;  and
 206-16                    (H)  two public members recommended by
 206-17  organizations representing consumers of telecommunications
 206-18  services.
 206-19              (2)  The commission shall appoint advisory committee
 206-20  members based on recommended lists of candidates submitted in
 206-21  accordance with Paragraph (F) of Subdivision (1) of this
 206-22  subsection.
 206-23              (3)  The advisory committee shall monitor the
 206-24  establishment, administration, and promotion of the statewide
 206-25  telecommunications relay access service and advise the commission
 206-26  in pursuing a service which meets the needs of the hearing-impaired
 206-27  and speech-impaired in communicating with other users of
  207-1  telecommunications services.
  207-2              (4)  The terms of office of each member of the advisory
  207-3  committee shall be two years.  A member whose term has expired
  207-4  shall continue to serve until a qualified replacement is appointed.
  207-5              (5)  The members of the advisory committee shall serve
  207-6  without compensation but shall be entitled to reimbursement at
  207-7  rates established for state employees for travel and per diem
  207-8  incurred in the performance of their official duties.
  207-9              (6)  The commission shall reimburse members of the
 207-10  advisory committee in accordance with Subdivision (5) of this
 207-11  subsection and shall provide clerical and staff support to the
 207-12  advisory committee, including a secretary to record the committee
 207-13  meetings.
 207-14              (7)  The commission's costs associated with the
 207-15  advisory committee shall be reimbursed from the universal service
 207-16  fund.
 207-17        Sec. 96B.  (a)  The commission by rule shall require a
 207-18  dominant carrier to file a tariff containing a reduced rate for a
 207-19  telecommunications service the commission finds is directly related
 207-20  to a distance learning activity that is or could be conducted by an
 207-21  educational institution in this state.
 207-22        (b)  The commission rules shall specify:
 207-23              (1)  the telecommunications services that qualify under
 207-24  this section;
 207-25              (2)  the process by which an educational institution
 207-26  qualifies for a reduced rate;
 207-27              (3)  the date by which a dominant carrier shall file a
  208-1  tariff;
  208-2              (4)  guidelines and criteria by which the services and
  208-3  reduced rates shall further the goals stated in Subsection (d) of
  208-4  this section; and
  208-5              (5)  any other requirements, terms, and conditions that
  208-6  the commission determines to be in the public interest.
  208-7        (c)  A tariff filing by a dominant carrier under this
  208-8  section:
  208-9              (1)  shall concern only the implementation of this
 208-10  section;
 208-11              (2)  is not a rate change under Section 43 of this Act;
 208-12  and
 208-13              (3)  does not affect any of the carrier's other rates
 208-14  or services.
 208-15        (d)  The services and reduced rates shall be designed to:
 208-16              (1)  encourage the development and offering of distance
 208-17  learning activities by educational institutions;
 208-18              (2)  meet the distance learning needs identified by the
 208-19  educational community; and
 208-20              (3)  recover the long-run incremental costs of
 208-21  providing the services, to the extent those costs can be
 208-22  identified, so as to avoid subsidizing educational institutions.
 208-23        (e)  The commission is not required to determine the long-run
 208-24  incremental cost of providing a service before approving a reduced
 208-25  rate for the service.  Until cost determination rules are developed
 208-26  and the rates established under this section are changed as
 208-27  necessary to ensure proper cost recovery, the reduced rates
  209-1  established by the commission shall be equal to 75 percent of the
  209-2  otherwise applicable rate.  After the commission develops cost
  209-3  determination rules for telecommunications services generally, it
  209-4  shall ensure that a reduced rate approved under this section
  209-5  recovers service-specific long-run incremental costs and avoids
  209-6  subsidization.
  209-7        (f)  An educational institution or dominant carrier may at
  209-8  any time request the commission to:
  209-9              (1)  provide for a reduced rate for a service directly
 209-10  related to a distance learning activity that is not covered by
 209-11  commission rules;
 209-12              (2)  change a rate;
 209-13              (3)  amend a tariff; or
 209-14              (4)  amend a commission rule.
 209-15        (g)  If the commission determines that a change requested
 209-16  under Subsection (f) is appropriate, it shall make the requested
 209-17  change.
 209-18        (h)  In this section:
 209-19              (1)  "Distance learning" means instruction, learning,
 209-20  and training that is transmitted from one site to one or more sites
 209-21  by telecommunications services that are used by an educational
 209-22  institution predominantly for such instruction, learning, or
 209-23  training, including video, data, voice, and electronic information.
 209-24              (2)  "Educational institution" means and includes
 209-25  accredited primary or secondary schools owned or operated by state
 209-26  and local governmental entities or private entities; institutions
 209-27  of higher education as defined by Section 61.003, Education Code;
  210-1  private institutions of higher education accredited by a recognized
  210-2  accrediting agency as defined by Section 61.003(13), Education
  210-3  Code; the Central Education Agency, its successors and assigns;
  210-4  regional education service centers established and operated
  210-5  pursuant to Sections 11.32 and 11.33, Education Code; and the Texas
  210-6  Higher Education Coordinating Board, its successors and assigns.
  210-7        (i)(1)  In this subsection:
  210-8              (i)  "Board" means the Telecommunications
  210-9  Infrastructure Fund Board.
 210-10              (ii)  "Fund" means the Telecommunications
 210-11  Infrastructure Fund.
 210-12              (iii)  "Institution of higher education" has the
 210-13  meaning assigned by Section 61.003, Education Code and also
 210-14  includes a "private or independent institution of higher education"
 210-15  as defined by Section 61.003, Education Code.
 210-16              (iv)  "Public library" has the meaning assigned by
 210-17  Section 441.122, Government Code.
 210-18              (v)  "School district" has the meaning assigned by Sec.
 210-19  19.001, Education Code.
 210-20        (2)  The board shall administer the fund.  The board shall
 210-21  consist of nine members.  Three members must be  appointed by the
 210-22  governor.  Three members must be appointed by the lieutenant
 210-23  governor.  Three members must be appointed by the governor from a
 210-24  list of individuals submitted by the speaker of the house of
 210-25  representatives.  Members of the board serve for staggered,
 210-26  six-year terms with three members' terms expiring on August 31 of
 210-27  each odd-numbered year.  The governor shall designate the presiding
  211-1  officer of the board.
  211-2        (3)  In making their appointments to the board, the governor,
  211-3  lieutenant governor and speaker shall attempt to select members who
  211-4  are representative of urban and rural school district, institutions
  211-5  of higher education, public libraries and the public.  A person may
  211-6  not serve on the board if the person is required to register as a
  211-7  lobbyist under Chapter 305, Government Code, because of the
  211-8  person's activities for compensation on behalf of a profession
  211-9  related to the operation of the board.
 211-10        (4)  Members of the board shall serve without pay but shall
 211-11  be reimbursed for their actual expenses incurred in attending
 211-12  meetings of the board or in  attending to other work of the board
 211-13  if approved by the chairman of the board.
 211-14        (5)  The board is subject to the open meetings law, Chapter
 211-15  551, Government Code and the administrative procedure law, Chapter
 211-16  2001, Government Code.  The board is subject to Chapter 325,
 211-17  Government Code (Texas Sunset Act).  Unless continued in existence
 211-18  as provided by that chapter, the advisory board and this  Article
 211-19  expire September 1, 2001.
 211-20        (6)  The board is authorized to employ such personnel as are
 211-21  reasonable necessary to perform duties delegated by the board and
 211-22  may also enter contracts as are necessary with state agencies or
 211-23  private entities to perform such duties.
 211-24        (7)  The board may appoint such committees as it determines
 211-25  may assist it in performing is duties under this subsection.
 211-26        (8)  The fund administered by the board shall  be financed by
 211-27  an annual assessment on all telecommunications providers doing
  212-1  business in the state.  The assessment shall be based on the  total
  212-2  annual intrastate receipts reported by telecommunications providers
  212-3  pursuant to Chapter 151, Tax Code.
  212-4        (9)  For the fiscal year beginning September 1, 1995 and for
  212-5  the next 5 fiscal years immediately following, the Comptroller
  212-6  shall assess and collect from telecommunications providers the
  212-7  amount of $75,000,000.
  212-8        (10)  The comptroller may require telecommunications
  212-9  providers to provide such reports and information as are needed to
 212-10  fulfill the duties of the comptroller provided for in this
 212-11  subsection.  Any information provided to the comptroller by a
 212-12  telecommunication provider pursuant to this subsection is exempt
 212-13  from disclosure under the Texas Open Records Act (Chapter 552,
 212-14  Government Code).
 212-15        (11)  All amounts collected by the comptroller from
 212-16  telecommunication providers under this subsection shall  be
 212-17  deposited in the fund in the state treasury and be designated
 212-18  solely for use of the board consistent with the purposes of this
 212-19  subsection.  Sections 403.094 and 403.095, Government Code do not
 212-20  apply to the fund.
 212-21        (12)  From funds appropriated to the board, the comptroller
 212-22  shall issue warrant as requested by the board in accordance with
 212-23  the purposes of this subsection, including but not limited to
 212-24  warrants to grantees of the board in amounts  certified by the
 212-25  board to the comptroller.
 212-26        (13)  In addition to any appropriated funds, the board may
 212-27  accept gifts, grants and donations and use them for the purposes of
  213-1  this subsection.
  213-2        (14)  The board shall use the fund to award grants and loans
  213-3  on a competitive basis to rural and urban school districts,
  213-4  institutions of higher education and public libraries recommended
  213-5  to it by the Texas Education Agency or the Texas Higher Education
  213-6  Coordinating Board.
  213-7        (15)  The board is authorized to award grants  to projects
  213-8  and proposals which:
  213-9              (i)  provide equipment and infrastructure needed for
 213-10  distance learning and telemedicine services;
 213-11              (ii)  develop and implement the initial or prototypical
 213-12  delivery of courses and other distance learning material;
 213-13              (iii)  train teachers, faculty, and technicians in the
 213-14  use of distance learning materials and equipment; or
 213-15              (iv)  develop curricula and instructional material
 213-16  especially suited for delivery by telecommunications.
 213-17        (16)  The board is  authorized to award loans to projects and
 213-18  proposals for the acquisition of equipment needed for distance
 213-19  learning and telemedicine projects.
 213-20        (17)  In awarding grants  and loans, the board shall give
 213-21  priority to projects and proposals which:
 213-22              (i)  represent collaborative efforts involving multiple
 213-23  schools, universities, or libraries;
 213-24              (ii)  contribute matching funds from other sources;
 213-25              (iii)  show promise of becoming self-sustaining;
 213-26              (iv)  help users of information learn new ways to
 213-27  acquire and use information through telecommunications;
  214-1              (v)  extend specific educational information and
  214-2  knowledge services to groups not previously served, especially
  214-3  those in rural and remote areas;
  214-4              (vi)  result in more efficient or effective learning
  214-5  that through convention teaching; or,
  214-6              (vii)  improve the effectiveness and efficiency of
  214-7  health care delivery.
  214-8        (18)  The Texas Higher Education Coordinating Board and Texas
  214-9  Education Agency shall adopt policies and procedures in
 214-10  consultation with the board that are designed to aid the board in
 214-11  achieving the purposes of this subsection.
 214-12        (19)  In distributing funds to public schools, the board
 214-13  shall take into account the relative property wealth of the
 214-14  recipient school districts and recognized the unique needs of rural
 214-15  communities.
 214-16        Sec. 97.  A local exchange company is entitled to recover the
 214-17  lost revenue, if any, resulting solely from the provision of
 214-18  tel-assistance service from the universal service fund, the
 214-19  establishment of which is provided for by this Act.
 214-20        Sec. 98.  (a)(1)  The commission shall adopt and enforce
 214-21  rules requiring local exchange companies to establish a universal
 214-22  service fund to assist local exchange companies in providing basic
 214-23  local telecommunications services <exchange service> at reasonable
 214-24  rates in high cost rural areas, to reimburse local exchange
 214-25  companies as a result of providing tel-assistance service under
 214-26  this Act, to reimburse the telecommunications carrier providing the
 214-27  statewide telecommunications relay access service for the hearing
  215-1  impaired and speech-impaired as authorized in Section 96A of this
  215-2  Act, and to reimburse the Texas Department of Human Services and
  215-3  the Public Utility Commission of Texas for costs incurred in
  215-4  implementing the provisions of this article.
  215-5              (2)  In addition to the authority described in (a)(1),
  215-6  the commission shall have the authority to adopt such mechanisms as
  215-7  are necessary to maintain reasonable rates for basic local
  215-8  telecommunications services and, pursuant to such authority shall
  215-9  establish rules which would expand the Universal Service Fund for
 215-10  local exchange companies serving less than 1,000,000 access lines
 215-11  in the following circumstances:
 215-12                          (i)  In the event of a commission order,
 215-13  rule, or policy, the effect of which is to reduce the amount of the
 215-14  High Cost Assistance Fund, except an order entered in an individual
 215-15  company revenue requirements proceeding, the commission shall
 215-16  implement a mechanism through the Universal Service Fund to replace
 215-17  the reasonably projected reduction in revenues caused by such
 215-18  regulatory action.
 215-19                          (ii)  In the event of a Federal
 215-20  Communications Commission order, rule or policy, the effect of
 215-21  which is to change the federal Universal Service Fund revenues of a
 215-22  local exchange company or change costs or revenues assigned to the
 215-23  intrastate jurisdiction, the commission shall implement a
 215-24  mechanism, either through the Universal Service Fund or an increase
 215-25  to local exchange rates if such an change would not adversely
 215-26  impact universal service to replace the reasonably projected change
 215-27  in revenues caused by such regulatory action.
  216-1                          (iii)  In the event of a commission change
  216-2  in its policy with respect to intraLATA "1+" dialing access, the
  216-3  commission shall implement a mechanism, either through the
  216-4  Universal Service Fund or an increase to local rates if such an
  216-5  increase would not adversely impact universal service to replace
  216-6  the reasonably projected reduction in contribution caused by such
  216-7  action.  Contribution for purposes of this subsection equals
  216-8  average intraLATA long distance message telecommunications service
  216-9  (MTS) revenue, including intraLATA toll pooling and associated
 216-10  impacts, per minute less average MTS cost per minute less the
 216-11  average contribution from switched access times the projected
 216-12  change in intraLATA "1+" minutes of use.
 216-13                          (iv)  In the event of any other
 216-14  governmental agency issuing orders, rules or policies, the effect
 216-15  of which is to increase costs or decrease revenues of the
 216-16  intrastate jurisdiction, the commission shall implement a mechanism
 216-17  either through the Universal Service Fund or an increase to local
 216-18  exchange rates if such an increase would not adversely impact
 216-19  universal service, to replace the reasonably projected increase in
 216-20  costs or decrease in revenues caused by such regulatory action.
 216-21              (3)  No revenue requirement showing shall be required
 216-22  with respect to disbursements for the Universal Service Fund under
 216-23  Subsection (a).  Such disbursements shall be implemented promptly
 216-24  and efficiently so that telecommunication providers and local
 216-25  exchange companies do not experience unnecessary cash flow changes
 216-26  as a result of these changes in governmental policy.
 216-27        (b)  The universal service fund shall be funded by a
  217-1  statewide uniform charge, at rates and on the services determined
  217-2  by the commission, payable by all telecommunications <utilities>
  217-3  providers that have access to the customer base.  In establishing
  217-4  the uniform level of the charge and the services to which it will
  217-5  apply, the commission may not make or grant an unreasonable
  217-6  preference or advantage to a telecommunications <utility> provider
  217-7  or subject a telecommunications <utility> provider to unreasonable
  217-8  prejudice or disadvantage.  The charge shall be paid in accordance
  217-9  with procedures approved by the commission.
 217-10        (c)  The commission shall:
 217-11              (1)  establish, in a manner that assures reasonable
 217-12  rates for basic local <exchange> telecommunications services,
 217-13  eligibility criteria and review procedure, including a method for
 217-14  administrative review, it finds necessary for <participation>
 217-15  funding of and distribution from <in> the universal service fund;
 217-16              (2)  determine which local exchange companies meet the
 217-17  eligibility criteria, which, at a minimum, shall include the
 217-18  requirements to serve every consumer within its certified area and
 217-19  render continuous and adequate service within the area or areas, in
 217-20  compliance with the commission's quality of service requirements;
 217-21              (3)  determine the amount of and approve a procedure
 217-22  for reimbursement to local exchange companies of revenue lost in
 217-23  providing tel-assistance service under this Act;
 217-24              (4)  prescribe and collect fees from the universal
 217-25  service fund necessary to recover the costs the Texas Department of
 217-26  Human Services and the Public Utility Commission incurred in
 217-27  implementing and administering the provisions of this Article; and
  218-1              (5)  approve procedures for the collection and
  218-2  disbursal of the revenues of the universal service fund.
  218-3        (d)  The commission shall adopt rules for the implementation
  218-4  and administration of the universal service fund.
  218-5        (e)  The commission may do all things necessary and
  218-6  convenient to implement and administer the universal service fund,
  218-7  including the authority to require local exchange companies and
  218-8  other telecommunications providers to provide such reports and
  218-9  information needed to assess contributions to the fund.  All such
 218-10  reports and information shall be maintained in confidence and not
 218-11  be subject to disclosure under Chapter 552 of the Government Code.
 218-12        Sec. 98A.  (a)  The commission shall permit a local exchange
 218-13  company that provides interactive multimedia communications
 218-14  services to establish rates at levels necessary, using sound
 218-15  rate-making principles, to recover costs associated with providing
 218-16  the services.  Unless determined by the commission to be in the
 218-17  public interest, a local exchange company may not establish rates
 218-18  under this subsection that are less than the local exchange
 218-19  company's long run incremental costs of providing the interactive
 218-20  multimedia communications services.
 218-21        (b)  In this section, "interactive multimedia communications"
 218-22  has the meaning assigned by Section 14.0451(a), Education Code.
 218-23        Sec. 98B.  (a)  The commission shall establish a fund known
 218-24  as the Regulatory Transition Fund (RTF).  The purposes of the fund
 218-25  shall be:
 218-26              (1)  to promote affordable universal local exchange
 218-27  service in areas where no competition exists;
  219-1              (2)  to facilitate the transition from networks
  219-2  established and prices set under monopoly conditions to a
  219-3  competitive market without endangering affordable universal
  219-4  service, while permitting existing facilities based local exchange
  219-5  companies to recover the costs of those networks.
  219-6        (b)  The RTF shall be funded by an assessment on the billed
  219-7  retail revenues of all telecommunications providers in this state
  219-8  except as set forth in Subsection (e).  No assessment shall be made
  219-9  on local exchange service revenues of a holder of a certificate of
 219-10  convenience and necessity, certificate of operating authority, or
 219-11  service provider certificate of operating authority.  The
 219-12  commission shall set the assessment for the next calendar year on
 219-13  or before November 1 of each year.
 219-14        (c)  The RTF shall be administered by the commission which
 219-15  may retain a competitively neutral administration for the day to
 219-16  day operations of the RTF.  The commission may do all things
 219-17  necessary and convenient to implement and administer the RTF,
 219-18  including the authority to require local exchange companies and
 219-19  other telecommunications providers to provide such reports and
 219-20  information needed to assess contributions to the fund.  All such
 219-21  reports and information shall be maintained in confidence and not
 219-22  be subject to disclosure under Chapter 552 of the Government Code.
 219-23  The commission shall administer the RTF in manner to promptly and
 219-24  efficiently collect and transfer funds so that telecommunications
 219-25  providers and local exchange companies do not experience
 219-26  unnecessary cash flow changes as a result of the replacement of
 219-27  access revenues with revenues from the RTF.
  220-1        (d)  Telecommunications providers may impose a surcharge on
  220-2  or increase rates to, their retail customers to collect their share
  220-3  of the assessment, except that the surcharge may not be imposed on
  220-4  a service if its revenues are not subject to the RTF assessment.
  220-5        (e)  On or before October 1, 1996, existing local exchange
  220-6  companies shall inform the commission if they intend to receive
  220-7  funds from the RTF.  In any area as to which a local exchange
  220-8  company having a certificate of convenience and necessity as of the
  220-9  effective date of this Act has informed the commission that it will
 220-10  not receive RTF funds, that local exchange company and no other
 220-11  telecommunications provider, including any holder of a certificate
 220-12  of operating authority or service provider certificate of
 220-13  authority, shall  be assessed for revenues arising in that
 220-14  company's certificated area.
 220-15        (f)  Effective January 1, 1997, local exchange companies
 220-16  which have elected to receive RTF funds shall price their
 220-17  intrastate switched access rates at the level of interstate
 220-18  switched access rates as of January 1, 1995.  An electing company
 220-19  under this section having less than 100,000 access lines in this
 220-20  state shall have the option to price its intrastate switched access
 220-21  rates at the same level as the intrastate switched access rates of
 220-22  a local exchange company having in excess of five million access
 220-23  lines in this state.  Coincident with this change, the local
 220-24  exchange company shall reprice its intrastate intraLATA toll rates
 220-25  proportionately.  A local exchange company which receives intraLATA
 220-26  toll settlements and which elects under this section shall reprice
 220-27  its intraLATA toll rates at the same level as the intraLATA toll
  221-1  rates of a local exchange company having in excess of five million
  221-2  access lines in this state.
  221-3        (g)  The commission shall disburse funds from the RTF on a
  221-4  revenue neutral basis to existing local exchange companies when
  221-5  switched access and intraLATA toll rates have been repriced so that
  221-6  those companies receive RTF equal to the net revenue reductions
  221-7  (including any additional settlements that result from such
  221-8  reductions) specified in Subsection (f), for intraLATA toll and
  221-9  access.
 221-10        (h)  As to companies subject to commission substantive rule
 221-11  Section 23.91, if price changes are required by the commission
 221-12  following the completion of the pricing proceedings the commission
 221-13  may assess additional amounts to telecommunications providers to
 221-14  fund any revenue reductions caused by those price changes but such
 221-15  assessment shall not exceed the amount of embedded non-traffic
 221-16  sensitive costs which are at the time of the pricing proceeding,
 221-17  allocated to or recovered from intraLATA toll and switched access
 221-18  for those companies.
 221-19        (i)  The commission shall establish rules and procedures to
 221-20  transitionally reduce RTF receipts for area(s) of a local exchange
 221-21  company where another CCN or COA has been granted.  Reductions
 221-22  shall be commensurate with the availability of like service(s) from
 221-23  the new applicant.  At the earlier of six years after a new
 221-24  certificate has been granted for a particular area(s), or when the
 221-25  new applicant has completed its deployment plan required by Sec.
 221-26  58(A) or the basic local telecommunications service of the local
 221-27  exchange company has been completely deregulated for a particular
  222-1  geographic market area, receipts for the RTF shall be reduced.
  222-2  Such reduction shall be in proportion to the level of non-traffic
  222-3  sensitive costs paid by the RTF for those area(s).  In making this
  222-4  determination the commission shall take into account the
  222-5  non-traffic sensitive costs incurred in the particular geographic
  222-6  area.
  222-7        (j)  At the beginning of the fourth and fifth years following
  222-8  the price changes specified in Subsection (f), In order to move
  222-9  services toward cost, upon application of a local exchange company,
 222-10  the commission may restructure the rates of companies receiving
 222-11  funds from the RTF.  Any increases in the revenues from any such
 222-12  restructuring in the rates for basic local exchange service, shall
 222-13  be used to reduce a companies receipts from the RTF.  In
 222-14  calculating the amount of RTF reduction, a factor of 115% of the
 222-15  new revenue generated from a basic local exchange service increase
 222-16  shall be used.  The commission may not approve a basic local rate
 222-17  increase of more than 5% a year nor may the resulting rate exceed
 222-18  the nation-wide average of rates for the same service.
 222-19        (k)  No revenue requirement showing shall be required for any
 222-20  receipt of disbursements from the RTF.
 222-21        Sec. 99.  If this article conflicts with another provision of
 222-22  this Act, this article prevails.
 222-23        ARTICLE <XV.> XVIII.  AUTOMATIC DIAL ANNOUNCING DEVICES
 222-24        Sec. 111.  In this article:
 222-25              (1)  "Automated dial announcing device" or "ADAD" means
 222-26  automated equipment used for telephone solicitation or collection
 222-27  that is capable:
  223-1                    (A)  of storing telephone numbers to be called or
  223-2  has a random or sequential number generator capable of producing
  223-3  numbers to be called; and
  223-4                    (B)  alone or in conjunction with other
  223-5  equipment, of conveying a prerecorded or synthesized voice message
  223-6  to the number called without the use of a live operator.
  223-7              (2)  "LEC" means a local exchange company, as that term
  223-8  is defined by Section 3 of this Act.
  223-9        Sec. 112.  This article does not apply to the use of an ADAD
 223-10  to make a telephone call:
 223-11              (1)  relating to an emergency or a public service under
 223-12  a program developed or approved by the emergency management
 223-13  coordinator of the county in which the call was received; or
 223-14              (2)  made by a public or private primary or secondary
 223-15  school system to locate or account for a truant student.
 223-16        Sec. 113.  (a)  a person may not operate an ADAD to make a
 223-17  telephone call if the device plays a recorded message when a
 223-18  connection is completed to a telephone number unless:
 223-19              (1)  the person has obtained a permit from the
 223-20  commission and given written notice specifying the type of device
 223-21  to each telecommunications utility over whose system the device is
 223-22  to be used;
 223-23              (2)  the device is not used for random number dialing
 223-24  or to dial numbers determined by successively increasing or
 223-25  decreasing integers;
 223-26              (3)  the message states during the first 30 seconds of
 223-27  the call the nature of the call, the identity of the person,
  224-1  company, or organization making the call, and the telephone number
  224-2  from which the call was made;
  224-3              (4)  the device disconnects from the called person's
  224-4  line not later than 30 seconds after the call is terminated by
  224-5  either party or, if the device cannot disconnect within that
  224-6  period, a live operator introduces the call and receives the oral
  224-7  consent of the called person before beginning a prerecorded or
  224-8  synthesized voice message; and
  224-9              (5)  for calls terminating in this state, the device is
 224-10  not used to make a call:
 224-11                    (A)  before noon or after 9 p.m. on a Sunday or
 224-12  before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
 224-13  device is used for solicitation; or
 224-14                    (B)  at an hour at which collection calls would
 224-15  be prohibited under the federal Fair Debt Collection Practices Act
 224-16  (15 U.S.C. Section 1692 et seq.), if the device is used for
 224-17  collection purposes.
 224-18        (b)  In addition to the requirements prescribed by Subsection
 224-19  (a) of this section, if during the call a cross-promotion or
 224-20  reference to a pay-per-call information service is made, the call
 224-21  shall include:
 224-22              (1)  a statement that a charge will be incurred by a
 224-23  caller who makes a call to a pay-per-call information services
 224-24  telephone number;
 224-25              (2)  the amount of the flat-rate or cost-per-minute
 224-26  charge that will be incurred or the amount of both if both charges
 224-27  will be incurred; and
  225-1              (3)  the estimated amount of time required to receive
  225-2  the entire information offered by the service during a call.
  225-3        (c)  In this section, "pay-per-call information service"
  225-4  means service that allows a caller to dial a specified "900" or
  225-5  "976" number to call a service that routinely delivers, for a
  225-6  predetermined and sometimes time-sensitive fee, a prerecorded or
  225-7  live message or interactive program.
  225-8        Sec. 114.  (a)  The commission shall investigate complaints
  225-9  relating to the use of an ADAD and enforce this article.
 225-10        (b)  If the commission or a court determines that a person
 225-11  has violated this article, the commission or court shall require a
 225-12  telecommunications utility to disconnect service to the person.
 225-13  The telecommunications utility may reconnect service to the person
 225-14  only on a determination by the commission that the person will
 225-15  comply with this article.  The utility shall give notice to the
 225-16  person using the device of its intent to disconnect service not
 225-17  later than the third day before the date of the disconnection,
 225-18  except that if the device is causing network congestion or
 225-19  blockage, the notice may be given on the day before the date of
 225-20  disconnection.
 225-21        (c)  A telecommunications utility may, without an order by
 225-22  the commission or a court, disconnect or refuse to connect service
 225-23  to a person using or intending to use an ADAD if the utility
 225-24  determines that the device would cause or is causing network harm.
 225-25        Sec. 115.  (a)  An application for a permit to use one or
 225-26  more ADADs must be made using the form prescribed by the commission
 225-27  and must be accompanied by a fee in a reasonable amount computed to
  226-1  cover the enforcement cost to the commission, but not to exceed
  226-2  $500, as determined by the commission.  A permit is valid for one
  226-3  year after its effective date.  Subject to Subsection (c) of this
  226-4  section, a permit may be renewed annually by making the filing
  226-5  required by this section and paying a filing fee of not more than
  226-6  $100, as determined by the commission.   The proceeds of the fees
  226-7  shall be deposited to the credit of the General Revenue Fund.
  226-8        (b)  Each application for the issuance or renewal of a permit
  226-9  under this section must contain the telephone number of each ADAD
 226-10  that will be used and the physical address from which the ADAD will
 226-11  operate.  If the telephone number of an ADAD or the physical
 226-12  address from which the ADAD operates changes, the owner or operator
 226-13  of the ADAD shall notify the commission by certified mail of each
 226-14  new number or address not later than the 48th hour before the hour
 226-15  at which the ADAD will begin operating with the new telephone
 226-16  number or at the new address.  If the owner or operator of an ADAD
 226-17  fails to notify the commission as required by this subsection
 226-18  within the period prescribed by the subsection, the permit is
 226-19  automatically invalid.
 226-20        (c)  In determining if a permit should be issued or renewed,
 226-21  the commission shall consider the compliance record of the owner or
 226-22  operator of the ADAD. The commission may deny an application for
 226-23  the issuance or renewal of a permit because of the applicant's
 226-24  compliance record.
 226-25        (d)  The commission shall provide to an LEC on a request a
 226-26  copy of a permit issued under this section and of any changes
 226-27  relating to the permit.
  227-1        (e)  An LEC that receives a complaint relating to the use of
  227-2  an ADAD shall send the complaint to the commission.  The commission
  227-3  by rule shall prescribe the procedures and requirements for sending
  227-4  a complaint to the commission.
  227-5        Sec. 116.  (a)  A person who owns or operates an ADAD and who
  227-6  operates the ADAD without a valid permit or with an expired permit
  227-7  or who operates the ADAD in violation of this article or a
  227-8  commission rule or order is subject to an administrative penalty of
  227-9  not more than $1,000 for each day or portion of a day during which
 227-10  the ADAD was operating in violation of this section.
 227-11        (b)  The administrative penalty authorized by this section is
 227-12  civil in nature and is cumulative of any other penalty provided by
 227-13  law.
 227-14        (c)  The commission by rule shall prescribe the procedures
 227-15  for assessing an administrative penalty under this section.  The
 227-16  procedures shall require proper notice and hearing in accordance
 227-17  with the Administrative Procedure and Texas Register Act (Article
 227-18  6252-13a, Vernon's Texas Civil Statutes).
 227-19        (d)  A person may appeal the final order of the commission
 227-20  under the Administrative Procedure and Texas Register Act (Article
 227-21  6252-13a, Vernon's Texas Civil Statutes), using the substantial
 227-22  evidence rule on appeal.
 227-23        (e)  The proceeds of administrative penalties collected under
 227-24  this section shall be deposited to the credit of the General
 227-25  Revenue Fund.
 227-26        Sec. 117.  (a)  The commission may revoke a permit issued
 227-27  under this article for failure to comply with this article.
  228-1        (b)  A person commits an offense if the person owns or
  228-2  operates an ADAD that the person knows is operating in violation of
  228-3  this article.  An offense under this subsection is a Class A
  228-4  misdemeanor.
  228-5        Sec. 118.  The commission may adopt any rules necessary to
  228-6  carry out its powers and duties under this article.
  228-7        Sec. 119.  Every telephone solicitor operating in this state
  228-8  who makes consumer telephone calls subject to Section 37.02 of the
  228-9  Business & Commerce Code shall implement in-house systems and
 228-10  procedures so that every effort is made not to call consumers who
 228-11  ask not to be called again.  The commission is granted all
 228-12  necessary power and authority to enforce the provisions of this
 228-13  section.
 228-14        Sec. 120.  The commission by rule shall require that a local
 228-15  exchange telephone company or telephone cooperative inform its
 228-16  customers of the provisions of Chapter 37 of the Business &
 228-17  Commerce Code and Section 119 of this Act by:
 228-18              (1)  inserting the notice annually in the billing
 228-19  statement mailed to a customer; or
 228-20              (2)  publishing the notice in the consumer information
 228-21  pages of its local telephone directory.
 228-22                 ARTICLE XIX.  INFRASTRUCTURE SHARING
 228-23        Sec. 121.  INFRASTRUCTURE SHARING.  (a)  The commission shall
 228-24  prescribe regulations that require local exchange companies to
 228-25  share public switched network infrastructure and technology with
 228-26  requesting local exchange companies lacking economies of scale or
 228-27  scope, for the purpose of enabling such requesting companies to
  229-1  provide telecommunications services in the geographic areas to
  229-2  which it is designated as the sole carrier of last resort.
  229-3        (b)  The regulations governing such sharing shall:
  229-4              (1)  not require any local exchange company to make a
  229-5  decision that is uneconomic or adverse to the public;
  229-6              (2)  permit, but not require, joint ownership and
  229-7  operation of public switched network infrastructure and services by
  229-8  or among the local exchange companies sharing infrastructure;
  229-9              (3)  establish conditions that promote cooperation
 229-10  between local exchange companies.
 229-11                  ARTICLE XX.  BROADCASTER SAFEGUARDS
 229-12        Sec. 122A.  CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI).
 229-13  (a)  In this section:
 229-14              (1)  Specific Customer Proprietary Network Information
 229-15  (specific CPNI) means:
 229-16                    (A)  information which relates to the quantity,
 229-17  technical configuration, type, destination, or amount of use of
 229-18  voice or data telecommunications services subscribed to by any
 229-19  customer of a telecommunications utility (but excluding wireless
 229-20  telecommunications providers) and is made available to the utility
 229-21  by the customer solely by virtue of the utility-customer
 229-22  relationship;
 229-23                    (B)  information contained in the bills
 229-24  pertaining to telecommunications services received by a customer of
 229-25  a utility; and
 229-26                    (C)  such other information concerning the
 229-27  customer as is available to the utility by virtue of the customer's
  230-1  use of the utility service except that such term does not include
  230-2  subscriber list information.
  230-3              (2)  "Subscriber list information" means any
  230-4  information:
  230-5                    (A)  identifying the listed names of subscribers
  230-6  of a utility or such subscribers' telephone numbers, addresses, or
  230-7  primary advertising classifications, or any combination of such
  230-8  listed names, numbers, addresses, or classifications; and
  230-9                    (B)  that the utility or an affiliate has
 230-10  published or accepted for future publication.
 230-11        (b)  Except as preempted by the Federal Communications
 230-12  Commission, telecommunications utilities may not use specific CPNI
 230-13  for commercial purposes other than the sale, provision, or billing
 230-14  and collection of telecommunications or enhanced services.  Nothing
 230-15  herein shall prohibit the use of specific CPNI with the customer's
 230-16  consent or the provision of specific CPNI to an affiliate
 230-17  telecommunications provider.
 230-18        (c)  Not later than September 1, 1996, the commission shall
 230-19  adopt rules which shall be consistent with rules on this subject
 230-20  adopted by the Federal Communications Commission.  Rules adopted
 230-21  under this section shall:
 230-22              (1)  require telecommunications utilities to notify
 230-23  their subscribers annually, through means approved by the
 230-24  commission, of the subscriber's right to reject the utilities' use
 230-25  of specific CPNI for purposes of marketing other services;
 230-26              (2)  in the event the Federal Communications Commission
 230-27  adopts new CPNI rules which no longer preempt a state's authority
  231-1  to adopt inconsistent rules, the commission shall institute a
  231-2  proceeding regarding the appropriate use of CPNI by all
  231-3  telecommunications utilities, provided that any rule, policy or
  231-4  order adopted by the commission may not be discriminatory in its
  231-5  application to telecommunications utilities; and
  231-6              (3)  require telecommunications utilities, if they make
  231-7  nonproprietary aggregate CPNI available to their affiliates, to
  231-8  make such information available on the same terms and conditions to
  231-9  unaffiliated entities.
 231-10        (d)  The commission may not implement any rules regarding
 231-11  CPNI applicable to local exchange companies having 100,000 or fewer
 231-12  access lines in service in this state which are more burdensome to
 231-13  the company than the CPNI rules of the Federal Communications
 231-14  Commission.
 231-15        (e)  Any company to which this section applies may petition
 231-16  the commission for a waiver from any of the requirements imposed
 231-17  herein.  The commission shall grant the waiver if it is in the
 231-18  public interest to do so, taking into account whether the need for
 231-19  the restriction still exists in the market involved.
 231-20        Sec. 122B.  AUDIO VIDEO.  (a)  In this Act:
 231-21              (1)  "Video programming" means programming provided by
 231-22  or generally considered comparable to programming provided by a
 231-23  television broadcast station as defined by the Federal
 231-24  Communications Commission under 47 U.S.C. Section 522(19).
 231-25              (2)  "Audio programming" means programming provided by
 231-26  or generally considered comparable to programming provided by an AM
 231-27  or FM broadcast station.   However, the term does not include any
  232-1  audio-related services of the type offered by the local exchange
  232-2  company as of the effective date of this section.
  232-3        (b)  Local exchange companies may not provide audio or video
  232-4  programming in this state.  However, nothing herein shall prohibit
  232-5  a separate corporate affiliate of a local exchange company from
  232-6  providing audio or video programming.
  232-7        (c)  A separate corporate affiliate of a local exchange
  232-8  company providing audio or video programming:
  232-9              (1)  shall obtain telecommunications services from its
 232-10  affiliate local exchange company at tariffed rates, or if such
 232-11  services are not provided pursuant to tariff, at the fair market
 232-12  value or, in the event there is no fair market value or such value
 232-13  is less than long run incremental cost (LRIC), then the rate shall
 232-14  be at such LRIC;
 232-15              (2)  shall purchase, use, rent, or access information,
 232-16  services, space, or devices which are not telecommunications
 232-17  services from its affiliate local exchange company consistent with
 232-18  the affiliate transaction rules promulgated by the Federal
 232-19  Communications Commission then in effect, provided that in no case
 232-20  shall such transactions be valued at less than the greater of net
 232-21  book value or fair market value, whichever is applicable;
 232-22              (3)  shall maintain books, records, and accounts that
 232-23  are separate from those of a local exchange company, which books,
 232-24  records, and accounts shall be kept in accordance with generally
 232-25  accepted accounting principles;
 232-26              (4)  shall prepare financial statements that are not
 232-27  consolidated with those of a local exchange company, provided,
  233-1  however, that financial statements and  consolidated tax returns
  233-2  may be prepared which consolidate the operation of the separate
  233-3  corporate affiliate with a parent company and its other
  233-4  subsidiaries;
  233-5              (5)  may not incur debt in a manner that would permit a
  233-6  creditor on default to have recourse to the assets of the local
  233-7  exchange company;
  233-8              (6)  may not use the names, trademarks, or service
  233-9  marks of the local exchange company, but this does not prohibit the
 233-10  use of such names or marks where they are used in common with the
 233-11  parent, affiliate, or owner of the local exchange company;
 233-12              (7)  shall perform its marketing and sales functions
 233-13  and operation in compliance with Open Network Architecture and the
 233-14  affiliate transaction rules promulgated by the Federal
 233-15  Communications Commission then in effect;
 233-16              (8)  may not have any directors, officers, or employees
 233-17  in common with the local exchange company; and
 233-18              (9)  shall maintain a separate corporate entity from
 233-19  the local exchange company.
 233-20        (d)  As to its separate affiliate providing video or audio
 233-21  programming, a local exchange company:
 233-22              (1)  may not develop a rate for a telecommunications
 233-23  service or deploy a telecommunications service to primarily benefit
 233-24  its separate affiliate for the affiliate's video or audio
 233-25  programming unless  that rate or service is available on a
 233-26  nondiscriminatory basis to all purchasers;
 233-27              (2)  may not be unreasonably preferential in the
  234-1  deployment of telecommunications services for its separate
  234-2  affiliates' audio or video programming;
  234-3              (3)  may not enter into customer-specific contracts for
  234-4  the provision of tariffed telecommunications services with its
  234-5  separate affiliate unless substantially the same terms and
  234-6  conditions of the contract are generally available to nonaffiliated
  234-7  interests;
  234-8              (4)  shall maintain and file with the commission all
  234-9  copies of contracts or arrangement between the local exchange
 234-10  company and the separate affiliate and report the contract amount
 234-11  for each cash and noncash transaction with the separate affiliate,
 234-12  including payments for costs of any goods and services or any
 234-13  property right or thing or for interest expense;
 234-14              (5)  may not transfer assets to the separate affiliate
 234-15  unless those assets are priced no lower than assets that are
 234-16  available in an arm's-length transaction to third parties;
 234-17              (6)  shall value any assets that are transferred to a
 234-18  separate affiliate at the greater of net book or fair market value;
 234-19              (7)  shall value any assets that are transferred to it
 234-20  by its separate affiliate at the lesser of net book value or fair
 234-21  market value except instances where Federal Communications
 234-22  Commission or Public Utility Commission regulations permit
 234-23  in-arrears payment for tariffed telecommunications services or the
 234-24  investment by an affiliate of dividends or profits derived from the
 234-25  local exchange company;
 234-26              (8)  shall comply with all applicable Federal
 234-27  Communications Commission cost and other accounting rules;
  235-1              (9)  may not have any directors, officers, or employees
  235-2  in common with the separate affiliate;
  235-3              (10)  may not own any property in common with the
  235-4  separate affiliate; and
  235-5              (11)  shall provide, if it offers telecommunications
  235-6  equipment or services to audio and video programming providers,
  235-7  such services:
  235-8                    (A)  at just and reasonable rates that are
  235-9  tariffed (so long as the commission rules require such tariffs)
 235-10  under nondiscriminatory terms and conditions; and
 235-11                    (B)  if said equipment and services are not
 235-12  subject to regulation, on similar terms and conditions to all video
 235-13  or audio programming providers.
 235-14        (e)  In addition to the requirements and prohibitions
 235-15  prescribed by Subsection (d) of this section, a local exchange
 235-16  company shall, if it offers billing and collection services to
 235-17  nonaffiliated audio and video programming providers, provide such
 235-18  services under nondiscriminatory terms and conditions.  Nothing
 235-19  herein shall require a local exchange company to offer billing and
 235-20  collection service to nonaffiliated programmers.  Provided further
 235-21  that local exchange companies may exclude certain classes of
 235-22  programmers from its billing and collection services.
 235-23        (f)  A local exchange company shall have a compliance audit
 235-24  performed every three years by an independent accounting firm.
 235-25  Such audit shall be conducted for the purpose of determining
 235-26  whether or not the local exchange company, during the preceding
 235-27  three years, is in compliance with all of the requirements imposed
  236-1  by this section regarding the local exchange company.  The
  236-2  independent accounting firm shall file the report with the
  236-3  commission.  If such report concludes that the local exchange
  236-4  company is not in compliance with any portion of this section, the
  236-5  commission shall institute appropriate action against the local
  236-6  exchange company.  The report shall be considered commercial or
  236-7  financial information that is confidential by statute under Chapter
  236-8  552, Government Code.
  236-9        (g)  Except as otherwise specifically provided by this Act,
 236-10  the commission's jurisdiction over affiliates of local exchange
 236-11  companies which are audio and video programmers is limited to the
 236-12  requirements of this section and does not extend to subjects not
 236-13  specifically provided herein.
 236-14        (h)  This section does not apply to local exchange companies
 236-15  having 100,000 or fewer total access lines in service in this
 236-16  state.
 236-17        (i)  Any company to which this section applies may petition
 236-18  the commission for a waiver from any of the requirements imposed
 236-19  herein.  The commission shall grant the waiver if it is in the
 236-20  public interest to do so, taking into account whether the need for
 236-21  the restriction still exists in the market involved.  The
 236-22  commission may revoke any waiver granted if it is shown that
 236-23  conditions under which the waiver was granted have materially
 236-24  changed and it is in the public interest to do so.
 236-25        Sec. 122C.  ADVERTISING.  (a)  Advertising agency services
 236-26  include the functions generally performed by a general advertising
 236-27  agency, including advertising development, advertising purchase,
  237-1  advertising consultation, advertising copywriting, and advertising
  237-2  research.
  237-3        (b)  Local exchange companies may not sell advertising agency
  237-4  services to nonaffiliates in this state.  Nothing herein shall
  237-5  prohibit a local exchange company from:
  237-6              (1)  any activities to promote or sell
  237-7  telecommunications services and equipment, including voice, data,
  237-8  video dial tone, video programming, audio programming, cellular,
  237-9  interactive media, software, and other such services and equipment;
 237-10  or
 237-11              (2)  any activities which seek to enhance or promote
 237-12  the use of the telecommunications network.
 237-13        (c)  A separate corporate affiliate of a local exchange
 237-14  company may engage in advertising agency activities, but in the
 237-15  conduct of such business a separate corporate affiliate:
 237-16              (1)  shall maintain books, records, and accounts that
 237-17  are separate from those of a local exchange company, which books,
 237-18  records, and accounts shall be kept in accordance with generally
 237-19  accepted accounting principles;
 237-20              (2)  shall prepare financial statements that are not
 237-21  consolidated with those of a local exchange company provided,
 237-22  however, that financial statements and consolidated tax returns may
 237-23  be prepared which consolidate the operation of the separate
 237-24  corporate affiliate with a parent company and its other
 237-25  subsidiaries;
 237-26              (3)  may not incur debt in a manner that would permit a
 237-27  creditor on default to have recourse to the assets of the local
  238-1  exchange company;
  238-2              (4)  may not have any directors, officers, or employees
  238-3  in common with the local exchange company;
  238-4              (5)  shall maintain a separate corporate entity from
  238-5  the local exchange company; and
  238-6              (6)  may not use the names, trademarks, or service
  238-7  marks of the local exchange company, but this does not prohibit the
  238-8  use of such names or marks where they are used in common with the
  238-9  parent, affiliate, or owner of the local exchange company.
 238-10        (d)  Except as provided under Subsection (b) of this section,
 238-11  local exchange companies which have affiliates which provide
 238-12  advertising agency services on behalf of nonaffiliates in this
 238-13  state may not jointly market such affiliates' advertising agency
 238-14  services in connection with telecommunications services and
 238-15  equipment provided by the local exchange company.  This prohibition
 238-16  does not apply to advertising in telephone directories in whatever
 238-17  form disseminated.
 238-18        (e)  Nothing herein shall prevent the local exchange company
 238-19  from providing telephone solicitation services for charitable
 238-20  organizations.
 238-21        (f)  This section does not apply to local exchange companies
 238-22  having 100,000 or fewer total access lines in service in this
 238-23  state.
 238-24        (g)  Any company to which this section applies may petition
 238-25  the commission for a waiver from any of the requirements imposed
 238-26  herein.  The commission shall grant the waiver if it is in the
 238-27  public interest to do so, taking into account whether the need for
  239-1  the restriction still exists in the market involved.  The
  239-2  commission may revoke any waiver granted if it is shown that
  239-3  conditions under which the waiver was granted have materially
  239-4  changed and it is in the public interest to do so.
  239-5        Sec. 122D.  VIDEO CARRIAGE.  (a)  Subject to a programmer
  239-6  operating as a common channel manager under the provisions of
  239-7  Subsection (c) of this section, each local exchange company that
  239-8  provides telecommunications services that are used in the
  239-9  transmission of video programming directly to subscribers or
 239-10  enables customers to access video programming shall permit local
 239-11  full-power, FCC-licensed broadcast stations, to the extent capacity
 239-12  permits, access to these telecommunications services at tariffed
 239-13  rates or, if such services are not provided pursuant to tariff, on
 239-14  similar terms and conditions as other video programmers which
 239-15  provide similar programming.  The local exchange company shall
 239-16  transmit the signals delivered to it by the local broadcast station
 239-17  without material degradation, and the qualify offered may not be
 239-18  less than that made available to other video programmers.
 239-19        (b)  Each local exchange company that provides
 239-20  telecommunications services that are used in the transmission of
 239-21  video programming directly to subscribers or to enable customers to
 239-22  access video programming:
 239-23              (1)  may not unreasonably discriminate among
 239-24  programming providers with respect to transmission of their
 239-25  signals;
 239-26              (2)  may not delete, change, or alter any copyright
 239-27  identification transmitted as part of the programming signal; and
  240-1              (3)  shall, if it provides a "video dial tone service"
  240-2  with a level one gateway, as that term is defined by the Federal
  240-3  Communications Commission, make available to programmers a menu or
  240-4  programming guide upon which programmers may display a listing of
  240-5  the stations required to be carried by the programmer pursuant to
  240-6  Subsection (c) of this section.
  240-7        (c)  To the extent that federal law and Federal
  240-8  Communications Commission rules and orders permit, any programmer
  240-9  operating as a common channel manager and which purchases for
 240-10  commercial purposes 50 or more analog channels on a local exchange
 240-11  video dial tone level one platform over which video programming is
 240-12  made available to subscribers, shall make available to subscribers
 240-13  local full-power, FCC-licensed television stations (provided that
 240-14  they grant retransmission pursuant to Subsection (d) of this
 240-15  section.  A programmer subject to this section shall be required to
 240-16  make available up to six television stations, except that in
 240-17  markets that contain a county seat having a population of more than
 240-18  one million, the programmer shall be required to make available up
 240-19  to nine full-power, FCC-licensed local broadcast stations.  The
 240-20  programmer shall make the selection of the broadcast channels to be
 240-21  carried pursuant to this section.
 240-22        (d)  Any FCC-licensed television station seeking carriage
 240-23  pursuant to Subsection (c) of this section shall grant
 240-24  retransmission consent to the programmer and to the local exchange
 240-25  company.  However, nothing in this Act shall require a programmer
 240-26  or local exchange company to provide monetary payment or other
 240-27  valuable consideration in exchange for such carriage.
  241-1        (e)  This section does not apply to any local exchange
  241-2  company having 100,000 or fewer total access lines in service in
  241-3  this state nor to any programmer on the video dial tone platform of
  241-4  any such local exchange company.
  241-5        (f)  Any company to which this section applies may petition
  241-6  the commission for a waiver from any of the requirements imposed
  241-7  herein.  The commission shall grant the waiver if it is in the
  241-8  public interest to do so, taking into account whether the need for
  241-9  the restriction still exists in the market involved.  The
 241-10  commission may revoke any waiver granted if it is shown that
 241-11  conditions under which the waiver was granted have materially
 241-12  changed and it is in the public interest to do so.
 241-13        (g)  Except as otherwise specifically provided by this Act,
 241-14  the commission's jurisdiction over affiliates of local exchange
 241-15  companies which are video programmers is limited to the
 241-16  requirements of this section and does not extend to subjects not
 241-17  specifically provided herein.
 241-18        (h)  This section expires August 31, 1999.
 241-19        Sec. 122E.  AUDIO CARRIAGE.  (a)  To the extent that federal
 241-20  law and Federal Communications Commission rules and orders permit,
 241-21  and consistent with technical specifications, any programmer
 241-22  operating as a common channel manager which makes available for
 241-23  commercial purposes to subscribers 12 or more channels of audio
 241-24  programming similar to broadcasts of FCC-licensed radio stations on
 241-25  a local exchange company's level one video dial tone platform shall
 241-26  make available to subscribers local FCC-licensed radio stations,
 241-27  provided that they grant retransmission pursuant to Subsection (b)
  242-1  of this section.  No programmer subject to this subsection shall be
  242-2  required to make available more than one-third of its analog audio
  242-3  channels to radio stations.  The programmer shall make the
  242-4  selection of the radio stations to be carried pursuant to this
  242-5  section.
  242-6        (b)  Any local FCC-licensed radio station seeking carriage
  242-7  pursuant to Subsection (a) of this section shall grant
  242-8  retransmission consent to the programmer and the local exchange
  242-9  company.  However, nothing in this Act shall require a programmer
 242-10  or local exchange company to provide monetary payment or other
 242-11  valuable consideration in exchange for such carriage.
 242-12        (c)  This section does not apply to local exchange companies
 242-13  having 100,000 or fewer total access lines in service in this state
 242-14  nor to any programmer on the video dial tone platform of any such
 242-15  local exchange company.
 242-16        (d)  Any company to which this section applies may petition
 242-17  the commission for a waiver from any of the requirements imposed
 242-18  herein.  The commission shall grant the waiver if it is in the
 242-19  public interest to do so, taking into account whether the need for
 242-20  the restriction still exists in the market involved.  The
 242-21  commission may revoke any waiver granted if it is shown that
 242-22  conditions under which the waiver was granted have materially
 242-23  changed and it is in the public interest to do so.
 242-24        (e)  Except as otherwise specifically provided by this Act,
 242-25  the commission's jurisdiction over affiliates of local exchange
 242-26  companies which are video programmers is limited to the
 242-27  requirements of this section and does not extend to subjects not
  243-1  specifically provided herein.
  243-2        (f)  This section expires August 31, 1999.
  243-3        SECTION 2.  (a)  Subchapter D, Chapter 74, Property Code, is
  243-4  amended by adding Section 74.3011 to read as follows:
  243-5        Sec. 74.3011.  DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.
  243-6  (a)  Notwithstanding and in addition to any other provision of this
  243-7  chapter or other law, a local telephone exchange company may
  243-8  deliver reported money to a scholarship fund for rural students
  243-9  instead of delivering the money to the state treasurer as
 243-10  prescribed by Section 74.301.
 243-11        (b)  A local telephone exchange company may deliver the money
 243-12  under this section only to a scholarship fund established by one or
 243-13  more local telephone exchange companies in this state to enable
 243-14  needy students from rural areas to attend college, technical
 243-15  school, or another postsecondary educational institution.
 243-16        (c)  A local telephone exchange company shall file with the
 243-17  state treasurer a verification of money delivered under this
 243-18  section that complies with Section 74.302.
 243-19        (d)  A claim for money delivered to a scholarship fund under
 243-20  this section must be filed with the local telephone exchange
 243-21  company that delivered the money.  The local telephone exchange
 243-22  company shall forward the claim to the administrator of the
 243-23  scholarship fund to which the money was delivered.  The scholarship
 243-24  fund shall pay the claim if the fund determines in good faith that
 243-25  the claim is valid.  A person aggrieved by a claim decision may
 243-26  file a suit against the fund in a district court in the county in
 243-27  which the administrator of the scholarship fund is located in
  244-1  accordance with Section 74.506.
  244-2        (e)  The state treasurer shall prescribe forms and procedures
  244-3  governing this section, including forms and procedures relating to:
  244-4              (1)  notice of presumed abandoned property;
  244-5              (2)  delivery of reported money to a scholarship fund;
  244-6  and
  244-7              (3)  filing of a claim.
  244-8        (f)  In this section, "local telephone exchange company"
  244-9  means a telecommunications utility certificated to provide local
 244-10  exchange service within the state and that is a telephone
 244-11  cooperative or has fewer than 50,000 access lines in service in
 244-12  this state.
 244-13        (b)  This section takes effect September 1, 1995.
 244-14        (c)  Section 74.3011, Property Code, as added by this Act,
 244-15  applies only to money that a local telephone exchange company would
 244-16  otherwise be required to deliver to the state treasurer on or after
 244-17  the effective date of this Act.  Money that was required to be
 244-18  delivered to the state treasurer before the effective date of this
 244-19  Act is governed by the law in effect when the money was required to
 244-20  be delivered, and that law is continued in effect for that purpose.
 244-21        SECTION 3.  All laws and part of laws in conflict with this
 244-22  Act are repealed effective September 1, 1995.
 244-23        SECTION 4.  This Act takes effect September 1, 1995.
 244-24        SECTION 5.  The importance of this legislation and the
 244-25  crowded condition of the calendars in both houses create an
 244-26  emergency and an imperative public necessity that the
 244-27  constitutional rule requiring bills to be read on three several
  245-1  days in each house be suspended, and this rule is hereby suspended.