By Hill H.B. No. 2423
75R6944 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to rates for switched access telecommunications services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.352(d), Public Utility Regulatory Act
1-5 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-6 amended to read as follows:
1-7 (d) If, subsequent to the enactment of this subtitle, an
1-8 incumbent local exchange company notifies the commission in writing
1-9 of its election to incentive regulation under this subtitle, the
1-10 company may not under any circumstances be subject to any
1-11 complaint, hearing, or determination as to the reasonableness of
1-12 its rates, its overall revenues, its return on invested capital, or
1-13 its net income. However, the company's implementation and
1-14 enforcement of the competitive safeguards required by Subtitle J of
1-15 this title are not excluded from a complaint, hearing, or
1-16 determination. Nothing herein restricts any consumer's right to
1-17 complain to the commission regarding quality of service, the
1-18 commission's right to enforce quality of service standards, or the
1-19 consumer's right to complain regarding the application of an
1-20 ambiguous tariff, and if the commission finds an ambiguity, the
1-21 commission's right to determine the proper application of the
1-22 tariff or to determine the proper rate if the tariff is found to
1-23 not apply, but this does not permit the commission to lower a
1-24 tariff rate except as specifically provided by this Act, to change
2-1 its interpretation of a tariff, or to change a tariff so as to
2-2 extend its application to new classes of customers.
2-3 [Notwithstanding any other provision of this Act, the commission
2-4 may not reduce the rates for switched access services for any
2-5 company electing under this subtitle before the expiration of the
2-6 cap on basic network services.]
2-7 SECTION 2. Section 3.402(g), Public Utility Regulatory Act
2-8 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
2-9 amended to read as follows:
2-10 (g) The rates capped by Subsection (b) of this section as a
2-11 result of a company's election shall be the rates charged by the
2-12 company at the date of its election without regard to proceedings
2-13 pending under Section 1.301 or 3.210 of this Act or under
2-14 Subchapter G, Chapter 2001, Government Code. [Notwithstanding any
2-15 other provision of this Act, the commission may not reduce the
2-16 rates for switched access services for any company electing under
2-17 this subtitle before the expiration of the cap under Subsection (b)
2-18 of this section.]
2-19 SECTION 3. This Act takes effect September 1, 1997.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.