By: Barrientos, West S.B. No. 667
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation and administration of a program to assist
1-2 individuals who are deaf or hard of hearing or who have an
1-3 impairment of speech to purchase specialized telecommunications
1-4 devices for telephone service access.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle N, Title III, Public Utility Regulatory
1-7 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-8 amended by adding Sections 3.611, 3.612, and 3.613 to read as
1-9 follows:
1-10 Sec. 3.611. SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE
1-11 PROGRAM. (a) The commission and the Texas Commission for the Deaf
1-12 and Hard of Hearing by rule shall establish a program to provide
1-13 financial assistance to certain individuals who are deaf or have an
1-14 impairment of hearing or speech to enable the individuals to
1-15 purchase specialized equipment to provide telephone network access
1-16 that is functionally equivalent to that enjoyed by individuals
1-17 without an impairment of hearing or speech.
1-18 (b) The Texas Commission for the Deaf and Hard of Hearing by
1-19 rule shall prescribe eligibility standards for deaf individuals and
1-20 individuals who have an impairment of hearing or speech to receive
1-21 an assistance voucher under the program. To be eligible, an
1-22 individual must be a resident of this state who has access to a
1-23 telephone line in the individual's home or place of business.
2-1 (c) An individual who has exchanged a voucher for a
2-2 specialized telecommunications device is not eligible to receive
2-3 another voucher before the seventh anniversary of the date the
2-4 individual exchanged the previously issued voucher. An individual
2-5 is not eligible for a voucher if the Texas Commission for the Deaf
2-6 and Hard of Hearing has issued a voucher to another individual in
2-7 the individual's household for a device to serve the same telephone
2-8 line.
2-9 (d) The Texas Commission for the Deaf and Hard of Hearing
2-10 shall determine a reasonable price for a basic telecommunications
2-11 device for the deaf (TDD or TTY) and distribute to each eligible
2-12 applicant a voucher that guarantees payment of that amount to a
2-13 distributor of new specialized telecommunications devices. A
2-14 voucher must have the value printed on its face. The individual
2-15 exchanging a voucher for the purchase of a specialized
2-16 telecommunications device is responsible for payment of the
2-17 difference between the voucher's value and the price of the device.
2-18 The commission and the Texas Commission for the Deaf and Hard of
2-19 Hearing by rule shall provide that a distributor will receive not
2-20 more than the full price of a specialized telecommunications device
2-21 if the recipient of a voucher exchanges the voucher for a device
2-22 that the distributor sells for less than the voucher's value.
2-23 (e) The Texas Commission for the Deaf and Hard of Hearing
2-24 shall:
2-25 (1) process each application for a voucher to
3-1 determine eligibility of the applicant; and
3-2 (2) give each eligible applicant a voucher on payment
3-3 of a $35 fee.
3-4 (f) The Texas Commission for the Deaf and Hard of Hearing
3-5 shall maintain a record regarding each individual who receives a
3-6 voucher under the program.
3-7 (g) The Texas Commission for the Deaf and Hard of Hearing
3-8 shall deposit money collected under the program to the credit of
3-9 the universal service fund.
3-10 Sec. 3.612. COMMISSION DUTIES FOR SPECIALIZED
3-11 TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM. (a) Not later than
3-12 the 45th day after the date the commission receives a voucher a
3-13 telecommunications device distributor presents for payment, the
3-14 commission shall pay to the distributor the lesser of the value of
3-15 a voucher properly exchanged for a specialized telecommunications
3-16 device or the full price of the device for which a voucher
3-17 recipient exchanges the voucher. The payments must be made from
3-18 the universal service fund.
3-19 (b) The commission may investigate whether the presentation
3-20 of a voucher for payment represents a valid transaction for a
3-21 telecommunications device under the program. The Texas Commission
3-22 for the Deaf and Hard of Hearing shall cooperate with and assist
3-23 the commission in an investigation under this subsection.
3-24 Sec. 3.613. RECOVERY OF SPECIALIZED TELECOMMUNICATIONS
3-25 DEVICE ASSISTANCE PROGRAM SURCHARGE. The commission shall allow a
4-1 telecommunications utility to recover the universal service fund
4-2 assessment related to the specialized telecommunications device
4-3 assistance program through a surcharge added to the utility's
4-4 customers' bills. The commission shall specify how each utility
4-5 must determine the amount of the surcharge and by rule shall
4-6 prohibit a utility from recovering an aggregation of more than 12
4-7 months of assessments in a single surcharge. The rules must
4-8 require a utility to apply for approval of a surcharge before the
4-9 91st day after the date the period during which the aggregated
4-10 surcharges were assessed closes. If a utility chooses to impose
4-11 the surcharge, the utility shall include the surcharge in the
4-12 "universal service fund surcharge" listing as provided by Section
4-13 3.604(c) of this Act.
4-14 SECTION 2. The heading to Subtitle N, Title III, Public
4-15 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
4-16 Civil Statutes), is amended to read as follows:
4-17 SUBTITLE N. TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
4-18 SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM;
4-19 UNIVERSAL SERVICE FUND
4-20 SECTION 3. Section 3.604, Public Utility Regulatory Act of
4-21 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
4-22 by amending Subsections (g) and (h) and adding Subsections (i),
4-23 (j), and (k) to read as follows:
4-24 (g) The advisory committee to assist the commission in
4-25 administering this section is composed of the following persons
5-1 appointed by the commission:
5-2 (1) one [two] deaf person [persons] recommended by the
5-3 Texas Deaf Caucus;
5-4 (2) one deaf person recommended by the Texas
5-5 Association of the Deaf;
5-6 (3) [(2)] one hearing-impaired person recommended by
5-7 Self-Help for the Hard of Hearing;
5-8 (4) [(3)] one hearing-impaired person recommended by
5-9 the American Association of Retired Persons;
5-10 (5) [(4)] one deaf and blind person recommended by the
5-11 Texas Deaf/Blind Association;
5-12 (6) [(5)] one speech-impaired person and one
5-13 speech-impaired and hearing-impaired person recommended by the
5-14 Coalition of Texans with Disabilities;
5-15 (7) [(6)] two representatives of telecommunications
5-16 utilities, one representing a nonlocal exchange utility and one
5-17 representing a local exchange company, chosen from a list of
5-18 candidates provided by the Texas Telephone Association;
5-19 (8) [(7)] two persons, at least one of whom is deaf,
5-20 with experience in providing relay services recommended by the
5-21 Texas Commission for the Deaf and Hard of Hearing
5-22 [Hearing-Impaired]; and
5-23 (9) [(8)] two public members recommended by
5-24 organizations representing consumers of telecommunications
5-25 services.
6-1 (h) The commission shall appoint advisory committee members
6-2 based on recommended lists of candidates submitted in accordance
6-3 with Subdivision (7) [(6)] of Subsection (g) of this section. The
6-4 advisory committee shall:
6-5 (1) monitor the establishment, administration, and
6-6 promotion of the statewide telecommunications relay access service;
6-7 (2) [and] advise the commission in pursuing a service
6-8 that [which] meets the needs of the hearing-impaired and
6-9 speech-impaired in communicating with other users of
6-10 telecommunications services; and
6-11 (3) advise the commission and the Texas Commission for
6-12 the Deaf and Hard of Hearing, at the request of either commission,
6-13 regarding any issue related to the specialized telecommunications
6-14 device assistance program established under this subtitle,
6-15 including:
6-16 (A) devices suitable to meet the needs of the
6-17 hearing-impaired and speech-impaired in communicating with other
6-18 users of telecommunications services; and
6-19 (B) oversight and administration of the program.
6-20 (i) The term [terms] of office of each member of the
6-21 advisory committee shall be two years. A member whose term has
6-22 expired shall continue to serve until a qualified replacement is
6-23 appointed.
6-24 (j) The members of the advisory committee shall serve
6-25 without compensation but shall be entitled to reimbursement at
7-1 rates established for state employees for travel and per diem
7-2 incurred in the performance of their official duties. The
7-3 commission shall reimburse members of the advisory committee in
7-4 accordance with this subsection and shall provide clerical and
7-5 staff support to the advisory committee, including a secretary to
7-6 record the committee meetings.
7-7 (k) The [commission's] costs associated with the advisory
7-8 committee shall be reimbursed from the universal service fund.
7-9 SECTION 4. Subsection (a), Section 3.608, Public Utility
7-10 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
7-11 Statutes), is amended to read as follows:
7-12 (a) The commission shall adopt and enforce rules requiring
7-13 local exchange companies to establish a universal service fund to:
7-14 (1) assist local exchange companies in providing basic
7-15 local telecommunications service at reasonable rates in high cost
7-16 rural areas;
7-17 (2) [, to] reimburse local exchange companies for
7-18 revenues lost as a result of providing tel-assistance service under
7-19 this Act;
7-20 (3) [, to] reimburse the telecommunications carrier
7-21 providing the statewide telecommunications relay access service for
7-22 the hearing-impaired and speech-impaired as authorized in Section
7-23 3.604 of this Act;
7-24 (4) finance the specialized telecommunications device
7-25 assistance program established under Section 3.611 of this Act; and
8-1 (5) [, and to] reimburse the Texas Department of Human
8-2 Services, the Texas Commission for the Deaf and Hard of Hearing,
8-3 and the commission for costs incurred in implementing the
8-4 provisions of this subtitle.
8-5 SECTION 5. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended,
8-10 and that this Act take effect and be in force from and after its
8-11 passage, and it is so enacted.