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.