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.
1-24 (c) An individual who has exchanged a voucher for a
2-1 specialized telecommunications device is not eligible to receive
2-2 another voucher before the seventh anniversary of the date the
2-3 individual exchanged the previously issued voucher. An individual
2-4 is not eligible for a voucher if the Texas Commission for the Deaf
2-5 and Hard of Hearing has issued a voucher to another individual in
2-6 the individual's household for a device to serve the same telephone
2-7 line.
2-8 (d) The Texas Commission for the Deaf and Hard of Hearing
2-9 shall determine a reasonable price for a basic telecommunications
2-10 device for the deaf (TDD or TTY) and distribute to each eligible
2-11 applicant a voucher that guarantees payment of that amount to a
2-12 distributor of new specialized telecommunications devices. A
2-13 voucher must have the value printed on its face. The individual
2-14 exchanging a voucher for the purchase of a specialized
2-15 telecommunications device is responsible for payment of the
2-16 difference between the voucher's value and the price of the device.
2-17 The commission and the Texas Commission for the Deaf and Hard of
2-18 Hearing by rule shall provide that a distributor will receive not
2-19 more than the full price of a specialized telecommunications device
2-20 if the recipient of a voucher exchanges the voucher for a device
2-21 that the distributor sells for less than the voucher's value.
2-22 (e) The Texas Commission for the Deaf and Hard of Hearing
2-23 shall:
2-24 (1) process each application for a voucher to
2-25 determine eligibility of the applicant; and
2-26 (2) give each eligible applicant a voucher on payment
2-27 of a $35 fee.
3-1 (f) The Texas Commission for the Deaf and Hard of Hearing
3-2 shall maintain a record regarding each individual who receives a
3-3 voucher under the program.
3-4 (g) The Texas Commission for the Deaf and Hard of Hearing
3-5 shall deposit money collected under the program to the credit of
3-6 the universal service fund.
3-7 Sec. 3.612. COMMISSION DUTIES FOR SPECIALIZED
3-8 TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM. (a) Not later than
3-9 the 45th day after the date the commission receives a voucher a
3-10 telecommunications device distributor presents for payment, the
3-11 commission shall pay to the distributor the lesser of the value of
3-12 a voucher properly exchanged for a specialized telecommunications
3-13 device or the full price of the device for which a voucher
3-14 recipient exchanges the voucher. The payments must be made from
3-15 the universal service fund.
3-16 (b) The commission may investigate whether the presentation
3-17 of a voucher for payment represents a valid transaction for a
3-18 telecommunications device under the program. The Texas Commission
3-19 for the Deaf and Hard of Hearing shall cooperate with and assist
3-20 the commission in an investigation under this subsection.
3-21 Sec. 3.613. RECOVERY OF SPECIALIZED TELECOMMUNICATIONS
3-22 DEVICE ASSISTANCE PROGRAM SURCHARGE. The commission shall allow a
3-23 telecommunications utility to recover the universal service fund
3-24 assessment related to the specialized telecommunications device
3-25 assistance program through a surcharge added to the utility's
3-26 customers' bills. The commission shall specify how each utility
3-27 must determine the amount of the surcharge and by rule shall
4-1 prohibit a utility from recovering an aggregation of more than 12
4-2 months of assessments in a single surcharge. The rules must
4-3 require a utility to apply for approval of a surcharge before the
4-4 91st day after the date the period during which the aggregated
4-5 surcharges were assessed closes. If a utility chooses to impose
4-6 the surcharge, the utility shall include the surcharge in the
4-7 "universal service fund surcharge" listing as provided by Section
4-8 3.604(c) of this Act.
4-9 SECTION 2. The heading to Subtitle N, Title III, Public
4-10 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
4-11 Civil Statutes), is amended to read as follows:
4-12 SUBTITLE N. TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
4-13 SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM;
4-14 UNIVERSAL SERVICE FUND
4-15 SECTION 3. Section 3.604, Public Utility Regulatory Act of
4-16 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
4-17 by amending Subsections (g) and (h) and adding Subsections (i),
4-18 (j), and (k) to read as follows:
4-19 (g) The advisory committee to assist the commission in
4-20 administering this section is composed of the following persons
4-21 appointed by the commission:
4-22 (1) one [two] deaf person [persons] recommended by the
4-23 Texas Deaf Caucus;
4-24 (2) one deaf person recommended by the Texas
4-25 Association of the Deaf;
4-26 (3) [(2)] one hearing-impaired person recommended by
4-27 Self-Help for the Hard of Hearing;
5-1 (4) [(3)] one hearing-impaired person recommended by
5-2 the American Association of Retired Persons;
5-3 (5) [(4)] one deaf and blind person recommended by the
5-4 Texas Deaf/Blind Association;
5-5 (6) [(5)] one speech-impaired person and one
5-6 speech-impaired and hearing-impaired person recommended by the
5-7 Coalition of Texans with Disabilities;
5-8 (7) [(6)] two representatives of telecommunications
5-9 utilities, one representing a nonlocal exchange utility and one
5-10 representing a local exchange company, chosen from a list of
5-11 candidates provided by the Texas Telephone Association;
5-12 (8) [(7)] two persons, at least one of whom is deaf,
5-13 with experience in providing relay services recommended by the
5-14 Texas Commission for the Deaf and Hard of Hearing
5-15 [Hearing-Impaired]; and
5-16 (9) [(8)] two public members recommended by
5-17 organizations representing consumers of telecommunications
5-18 services.
5-19 (h) The commission shall appoint advisory committee members
5-20 based on recommended lists of candidates submitted in accordance
5-21 with Subdivision (7) [(6)] of Subsection (g) of this section. The
5-22 advisory committee shall:
5-23 (1) monitor the establishment, administration, and
5-24 promotion of the statewide telecommunications relay access service;
5-25 (2) [and] advise the commission in pursuing a service
5-26 that [which] meets the needs of the hearing-impaired and
5-27 speech-impaired in communicating with other users of
6-1 telecommunications services; and
6-2 (3) advise the commission and the Texas Commission for
6-3 the Deaf and Hard of Hearing, at the request of either commission,
6-4 regarding any issue related to the specialized telecommunications
6-5 device assistance program established under this subtitle,
6-6 including:
6-7 (A) devices suitable to meet the needs of the
6-8 hearing-impaired and speech-impaired in communicating with other
6-9 users of telecommunications services; and
6-10 (B) oversight and administration of the program.
6-11 (i) The term [terms] of office of each member of the
6-12 advisory committee shall be two years. A member whose term has
6-13 expired shall continue to serve until a qualified replacement is
6-14 appointed.
6-15 (j) The members of the advisory committee shall serve
6-16 without compensation but shall be entitled to reimbursement at
6-17 rates established for state employees for travel and per diem
6-18 incurred in the performance of their official duties. The
6-19 commission shall reimburse members of the advisory committee in
6-20 accordance with this subsection and shall provide clerical and
6-21 staff support to the advisory committee, including a secretary to
6-22 record the committee meetings.
6-23 (k) The [commission's] costs associated with the advisory
6-24 committee shall be reimbursed from the universal service fund.
6-25 SECTION 4. Subsection (a), Section 3.608, Public Utility
6-26 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
6-27 Statutes), is amended to read as follows:
7-1 (a) The commission shall adopt and enforce rules requiring
7-2 local exchange companies to establish a universal service fund to:
7-3 (1) assist local exchange companies in providing basic
7-4 local telecommunications service at reasonable rates in high cost
7-5 rural areas;
7-6 (2) [, to] reimburse local exchange companies for
7-7 revenues lost as a result of providing tel-assistance service under
7-8 this Act;
7-9 (3) [, to] reimburse the telecommunications carrier
7-10 providing the statewide telecommunications relay access service for
7-11 the hearing-impaired and speech-impaired as authorized in Section
7-12 3.604 of this Act;
7-13 (4) finance the specialized telecommunications device
7-14 assistance program established under Section 3.611 of this Act; and
7-15 (5) [, and to] reimburse the Texas Department of Human
7-16 Services, the Texas Commission for the Deaf and Hard of Hearing,
7-17 and the commission for costs incurred in implementing the
7-18 provisions of this subtitle.
7-19 SECTION 5. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended,
7-24 and that this Act take effect and be in force from and after its
7-25 passage, and it is so enacted.