By Maxey                                        H.B. No. 1139

      75R4441 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to participation by libraries in distance learning and by

 1-3     librarians on the Telecommunications Infrastructure Fund Board.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 3.605(a) and (d), Public Utility

 1-6     Regulatory Act of 1995 (Article 1446c-0, 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 library in this state or an information sharing

1-13     program that is or could be conducted by a library in this state.

1-14           (d)  The services and reduced rates shall be designed to:

1-15                 (1)  encourage the development and offering of distance

1-16     learning activities by educational institutions and libraries or

1-17     information sharing programs of libraries;

1-18                 (2)  meet the distance learning needs identified by the

1-19     educational community and libraries and the information sharing

1-20     needs identified by libraries; and

1-21                 (3)  recover the long-run incremental costs of

1-22     providing the services, to the extent those costs can be

1-23     identified, so as to avoid subsidizing educational institutions or

1-24     libraries.

 2-1           SECTION 2.  Section 3.605(h)(1), Public Utility Regulatory

 2-2     Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

 2-3     amended to read as follows:

 2-4                 (1)  "Distance learning" means instruction, learning,

 2-5     and training that is transmitted from one site to one or more sites

 2-6     by telecommunications services that are used by an educational

 2-7     institution or a library predominantly for such instruction,

 2-8     learning, or training, including video, data, voice, and electronic

 2-9     information.

2-10           SECTION 3.  Section 3.606(c), Public Utility Regulatory Act

2-11     of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

2-12     amended to read as follows:

2-13           (c)  The board shall administer the fund, including the two

2-14     accounts in the fund.  The board consists of nine members.  Three

2-15     members are appointed by the governor, three members are appointed

2-16     by the lieutenant governor, and three members are appointed by the

2-17     governor from a list of individuals submitted by the speaker of the

2-18     house of representatives.  At least two members of the board must

2-19     be librarians at public libraries, as defined by Section 441.122,

2-20     Government Code.  Members of the board serve for staggered,

2-21     six-year terms, with three members' terms expiring on August 31 of

2-22     each odd-numbered year.  The governor shall designate the presiding

2-23     officer of the board.

2-24           SECTION 4.  The next two vacancies occurring on the

2-25     Telecommunications Infrastructure Fund Board after the effective

2-26     date of this Act shall be filled by appointment of librarians at

2-27     public libraries, as defined by Section 441.122, Government Code.

 3-1           SECTION 5.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended,

 3-6     and that this Act take effect and be in force from and after its

 3-7     passage, and it is so enacted.