By Lucio                                               S.B. No. 809
       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.