By Barrientos                                    S.B. No. 667

      75R6072 JJT-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation and administration of a program to assist

 1-3     individuals who are deaf or hard of hearing or who have an

 1-4     impairment of speech to purchase specialized telecommunications

 1-5     devices for telephone service access.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subtitle N, Title III, Public Utility Regulatory

 1-8     Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

 1-9     amended by adding Sections 3.611-3.613 to read as 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 the

3-15     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.  If a utility chooses

 4-1     to impose the surcharge, the bill shall list the surcharge as the

 4-2     "specialized telecommunications device assistance program

 4-3     surcharge."

 4-4           SECTION 2.  The heading to Subtitle N, Title III, Public

 4-5     Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas

 4-6     Civil Statutes), is amended to read as follows:

 4-7         SUBTITLE N.  TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;

 4-8          SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM;

 4-9                           UNIVERSAL SERVICE FUND

4-10           SECTION 3.  Section 3.604, Public Utility Regulatory Act of

4-11     1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

4-12     by amending Subsections (g) and (h) and adding Subsections (i)-(k)

4-13     to read as follows:

4-14           (g)  The advisory committee to assist the commission in

4-15     administering this section is composed of the following persons

4-16     appointed by the commission:

4-17                 (1)  one [two] deaf person [persons] recommended by the

4-18     Texas Deaf Caucus;

4-19                 (2)  one deaf person recommended by the Texas

4-20     Association of the Deaf;

4-21                 (3) [(2)]  one hearing-impaired person recommended by

4-22     Self-Help for the Hard of Hearing;

4-23                 (4) [(3)]  one hearing-impaired person recommended by

4-24     the American Association of Retired Persons;

4-25                 (5) [(4)]  one deaf and blind person recommended by the

4-26     Texas Deaf/Blind Association;

4-27                 (6) [(5)]  one speech-impaired person and one

 5-1     speech-impaired and hearing-impaired person recommended by the

 5-2     Coalition of Texans with Disabilities;

 5-3                 (7) [(6)]  two representatives of telecommunications

 5-4     utilities, one representing a nonlocal exchange utility and one

 5-5     representing a local exchange company, chosen from a list of

 5-6     candidates provided by the Texas Telephone Association;

 5-7                 (8) [(7)]  two persons, at least one of whom is deaf,

 5-8     with experience in providing relay services recommended by the

 5-9     Texas Commission for the Deaf and Hard of Hearing

5-10     [Hearing-Impaired]; and

5-11                 (9) [(8)]  two public members recommended by

5-12     organizations representing consumers of telecommunications

5-13     services.

5-14           (h)  The commission shall appoint advisory committee members

5-15     based on recommended lists of candidates submitted in accordance

5-16     with Subdivision (7) [(6)] of Subsection (g) of this section.  The

5-17     advisory committee shall:

5-18                 (1)  monitor the establishment, administration, and

5-19     promotion of the statewide telecommunications relay access service;

5-20                 (2)  [and] advise the commission in pursuing a service

5-21     that [which] meets the needs of the hearing-impaired and

5-22     speech-impaired in communicating with other users of

5-23     telecommunications services; and

5-24                 (3)  advise the commission and the Texas Commission for

5-25     the Deaf and Hard of Hearing, at the request of either commission,

5-26     regarding any issue related  to the specialized telecommunications

5-27     device assistance program established under this subtitle,

 6-1     including:

 6-2                       (A)  devices suitable to meet the needs of the

 6-3     hearing-impaired and speech-impaired in communicating with other

 6-4     users of telecommunications services; and

 6-5                       (B)  oversight and administration of the program.

 6-6           (i)  The term [terms] of office of each member of the

 6-7     advisory committee shall be two years.  A member whose term has

 6-8     expired shall continue to serve until a qualified replacement is

 6-9     appointed.

6-10           (j)  The members of the advisory committee shall serve

6-11     without compensation but shall be entitled to reimbursement at

6-12     rates established for state employees for travel and per diem

6-13     incurred in the performance of their official duties.  The

6-14     commission shall reimburse members of the advisory committee in

6-15     accordance with this subsection and shall provide clerical and

6-16     staff support to the advisory committee, including a secretary to

6-17     record the committee meetings.

6-18           (k)  The [commission's] costs associated with the advisory

6-19     committee shall be reimbursed from the universal service fund.

6-20           SECTION 4.  Section 3.608(a), Public Utility Regulatory Act

6-21     of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

6-22     amended to read as follows:

6-23           (a)  The commission shall adopt and enforce rules requiring

6-24     local exchange companies to establish a universal service fund to:

6-25                 (1)  assist local exchange companies in providing basic

6-26     local telecommunications service at reasonable rates in high cost

6-27     rural areas;

 7-1                 (2)  [, to] reimburse local exchange companies for

 7-2     revenues lost as a result of providing tel-assistance service under

 7-3     this Act;

 7-4                 (3)  [, to] reimburse the telecommunications carrier

 7-5     providing the statewide telecommunications relay access service for

 7-6     the hearing-impaired and speech-impaired as authorized in Section

 7-7     3.604 of this Act;

 7-8                 (4)  finance the specialized telecommunications device

 7-9     assistance program established under Section 3.611 of this Act; and

7-10                 (5)  [, and to] reimburse the Texas Department of Human

7-11     Services, the Texas Commission for the Deaf and Hard of Hearing,

7-12     and the commission for costs incurred in implementing the

7-13     provisions of this subtitle.

7-14           SECTION 5.  The importance of this legislation and the

7-15     crowded condition of the calendars in both houses create an

7-16     emergency and an imperative public necessity that the

7-17     constitutional rule requiring bills to be read on three several

7-18     days in each house be suspended, and this rule is hereby suspended,

7-19     and that this Act take effect and be in force from and after its

7-20     passage, and it is so enacted.