By Ellis S.B. No. 785 74R6054 DWS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to eligibility of public libraries for reduced telephone 1-3 rates for distance learning activities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subsections (a), (b), (d), and (f), Section 96B, 1-6 Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil 1-7 Statutes), are amended to read as follows: 1-8 (a) The commission by rule shall require a dominant carrier 1-9 to file a tariff containing a reduced rate for a telecommunications 1-10 service the commission finds is directly related to a distance 1-11 learning activity that is or could be conducted by an educational 1-12 institution or public library in this state. 1-13 (b) The commission rules shall specify: 1-14 (1) the telecommunications services that qualify under 1-15 this section; 1-16 (2) the process by which an educational institution or 1-17 public library qualifies for a reduced rate; 1-18 (3) the date by which a dominant carrier shall file a 1-19 tariff; 1-20 (4) guidelines and criteria by which the services and 1-21 reduced rates shall further the goals stated in Subsection (d) of 1-22 this section; and 1-23 (5) any other requirements, terms, and conditions that 1-24 the commission determines to be in the public interest. 2-1 (d) The services and reduced rates shall be designed to: 2-2 (1) encourage the development and offering of distance 2-3 learning activities by educational institutions or public 2-4 libraries; 2-5 (2) meet the distance learning needs identified by the 2-6 educational community; and 2-7 (3) recover the long-run incremental costs of 2-8 providing the services, to the extent those costs can be 2-9 identified, so as to avoid subsidizing educational institutions or 2-10 public libraries. 2-11 (f) An educational institution, public library, or dominant 2-12 carrier may at any time request the commission to: 2-13 (1) provide for a reduced rate for a service directly 2-14 related to a distance learning activity that is not covered by 2-15 commission rules; 2-16 (2) change a rate; 2-17 (3) amend a tariff; or 2-18 (4) amend a commission rule. 2-19 SECTION 2. Subsection (h), Section 96B, Public Utility 2-20 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is 2-21 amended by adding Subdivision (3) to read as follows: 2-22 (3) "Public library" has the meaning assigned by 2-23 Section 441.122, Government Code. 2-24 SECTION 3. As soon as possible after the effective date of 2-25 this Act, the Public Utility Commission of Texas shall adopt rules 2-26 under Section 96B, Public Utility Regulatory Act (Article 1446c, 2-27 Vernon's Texas Civil Statutes), as amended by this Act, relating to 3-1 the application of that section to activities of public libraries. 3-2 SECTION 4. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended, 3-7 and that this Act take effect and be in force from and after its 3-8 passage, and it is so enacted.