By Turner of Harris H.B. No. 2682
74R5455 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prevention of redlining by telecommunications
1-3 utilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article VI, Public Utility Regulatory Act
1-6 (Article 1446c, Vernon's Texas Civil Statutes), is amended by
1-7 adding Section 45A to read as follows:
1-8 Sec. 45A. (a) A telecommunications utility may not refuse
1-9 to provide access to telecommunications service with the intent or
1-10 effect of discriminating on the basis of race, national origin,
1-11 income, or residence in a rural area.
1-12 (b) In each local service area, a telecommunications utility
1-13 shall ensure that, at a minimum, the ratio that the number of
1-14 members of a protected class in that area to whom the utility has
1-15 offered service bears to the total number of persons in that area
1-16 to whom the utility has offered service is at least equal to the
1-17 ratio that the number of members of that protected class in that
1-18 area bears to the total number of residents in that area.
1-19 (c) Each political subdivision that regulates or grants a
1-20 franchise to a telecommunications utility shall require as a
1-21 condition of regulation or of the granting or renewal of a
1-22 franchise that the utility submit to the political subdivision and
1-23 the commission a plan to comply with this section and periodic
1-24 compliance reports. Each plan and report must include any
2-1 necessary tract-level census information in the form prescribed by
2-2 the commission.
2-3 (d) The commission shall prescribe rules to enforce this
2-4 section. The rules shall prescribe a procedure for:
2-5 (1) the public to comment or complain about a
2-6 telecommunications utility's compliance or noncompliance with this
2-7 section; and
2-8 (2) the issuance of an annual report as to each
2-9 telecommunications utility's compliance with this section.
2-10 (e) In this section, "protected class" means a group listed
2-11 in Subsection (a) of this section.
2-12 SECTION 2. Not later than September 1, 1996, the Public
2-13 Utility Commission of Texas shall adopt the rules prescribed by
2-14 Section 45A, Public Utility Regulatory Act (Article 1446c, Vernon's
2-15 Texas Civil Statutes), as added by this Act. A telecommunications
2-16 utility is not required to file a plan or report as required by
2-17 Section 45A until the commission adopts the rules.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.