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.