1-1 By: Barrientos S.B. No. 667
1-2 (In the Senate - Filed February 19, 1997; February 24, 1997,
1-3 read first time and referred to Committee on Economic Development;
1-4 April 22, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 22, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 667 By: Sibley
1-8 AN ACT
1-9 relating to the creation and administration of a program to assist
1-10 individuals who are deaf or hard of hearing or who have an
1-11 impairment of speech to purchase specialized telecommunications
1-12 devices for telephone service access.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subtitle N, Title III, Public Utility Regulatory
1-15 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-16 amended by adding Sections 3.611, 3.612, and 3.613 to read as
1-17 follows:
1-18 Sec. 3.611. SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE
1-19 PROGRAM. (a) The commission and the Texas Commission for the Deaf
1-20 and Hard of Hearing by rule shall establish a program to provide
1-21 financial assistance to certain individuals who are deaf or have an
1-22 impairment of hearing or speech to enable the individuals to
1-23 purchase specialized equipment to provide telephone network access
1-24 that is functionally equivalent to that enjoyed by individuals
1-25 without an impairment of hearing or speech.
1-26 (b) The Texas Commission for the Deaf and Hard of Hearing by
1-27 rule shall prescribe eligibility standards for deaf individuals and
1-28 individuals who have an impairment of hearing or speech to receive
1-29 an assistance voucher under the program. To be eligible, an
1-30 individual must be a resident of this state who has access to a
1-31 telephone line in the individual's home or place of business.
1-32 (c) An individual who has exchanged a voucher for a
1-33 specialized telecommunications device is not eligible to receive
1-34 another voucher before the seventh anniversary of the date the
1-35 individual exchanged the previously issued voucher. An individual
1-36 is not eligible for a voucher if the Texas Commission for the Deaf
1-37 and Hard of Hearing has issued a voucher to another individual in
1-38 the individual's household for a device to serve the same telephone
1-39 line.
1-40 (d) The Texas Commission for the Deaf and Hard of Hearing
1-41 shall determine a reasonable price for a basic telecommunications
1-42 device for the deaf (TDD or TTY) and distribute to each eligible
1-43 applicant a voucher that guarantees payment of that amount to a
1-44 distributor of new specialized telecommunications devices. A
1-45 voucher must have the value printed on its face. The individual
1-46 exchanging a voucher for the purchase of a specialized
1-47 telecommunications device is responsible for payment of the
1-48 difference between the voucher's value and the price of the device.
1-49 The commission and the Texas Commission for the Deaf and Hard of
1-50 Hearing by rule shall provide that a distributor will receive not
1-51 more than the full price of a specialized telecommunications device
1-52 if the recipient of a voucher exchanges the voucher for a device
1-53 that the distributor sells for less than the voucher's value.
1-54 (e) The Texas Commission for the Deaf and Hard of Hearing
1-55 shall:
1-56 (1) process each application for a voucher to
1-57 determine eligibility of the applicant; and
1-58 (2) give each eligible applicant a voucher on payment
1-59 of a $35 fee.
1-60 (f) The Texas Commission for the Deaf and Hard of Hearing
1-61 shall maintain a record regarding each individual who receives a
1-62 voucher under the program.
1-63 (g) The Texas Commission for the Deaf and Hard of Hearing
1-64 shall deposit money collected under the program to the credit of
2-1 the universal service fund.
2-2 Sec. 3.612. COMMISSION DUTIES FOR SPECIALIZED
2-3 TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM. (a) Not later than
2-4 the 45th day after the date the commission receives a voucher a
2-5 telecommunications device distributor presents for payment, the
2-6 commission shall pay to the distributor the lesser of the value of
2-7 a voucher properly exchanged for a specialized telecommunications
2-8 device or the full price of the device for which a voucher
2-9 recipient exchanges the voucher. The payments must be made from
2-10 the universal service fund.
2-11 (b) The commission may investigate whether the presentation
2-12 of a voucher for payment represents a valid transaction for a
2-13 telecommunications device under the program. The Texas Commission
2-14 for the Deaf and Hard of Hearing shall cooperate with and assist
2-15 the commission in an investigation under this subsection.
2-16 Sec. 3.613. RECOVERY OF SPECIALIZED TELECOMMUNICATIONS
2-17 DEVICE ASSISTANCE PROGRAM SURCHARGE. The commission shall allow a
2-18 telecommunications utility to recover the universal service fund
2-19 assessment related to the specialized telecommunications device
2-20 assistance program through a surcharge added to the utility's
2-21 customers' bills. The commission shall specify how each utility
2-22 must determine the amount of the surcharge and by rule shall
2-23 prohibit a utility from recovering an aggregation of more than 12
2-24 months of assessments in a single surcharge. The rules must
2-25 require a utility to apply for approval of a surcharge before the
2-26 91st day after the date the period during which the aggregated
2-27 surcharges were assessed closes. If a utility chooses to impose
2-28 the surcharge, the utility shall include the surcharge in the
2-29 "universal service fund surcharge" listing as provided by Section
2-30 3.604(c) of this Act.
2-31 SECTION 2. The heading to Subtitle N, Title III, Public
2-32 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
2-33 Civil Statutes), is amended to read as follows:
2-34 SUBTITLE N. TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
2-35 SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM;
2-36 UNIVERSAL SERVICE FUND
2-37 SECTION 3. Section 3.604, Public Utility Regulatory Act of
2-38 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
2-39 by amending Subsections (g) and (h) and adding Subsections (i),
2-40 (j), and (k) to read as follows:
2-41 (g) The advisory committee to assist the commission in
2-42 administering this section is composed of the following persons
2-43 appointed by the commission:
2-44 (1) one [two] deaf person [persons] recommended by the
2-45 Texas Deaf Caucus;
2-46 (2) one deaf person recommended by the Texas
2-47 Association of the Deaf;
2-48 (3) [(2)] one hearing-impaired person recommended by
2-49 Self-Help for the Hard of Hearing;
2-50 (4) [(3)] one hearing-impaired person recommended by
2-51 the American Association of Retired Persons;
2-52 (5) [(4)] one deaf and blind person recommended by the
2-53 Texas Deaf/Blind Association;
2-54 (6) [(5)] one speech-impaired person and one
2-55 speech-impaired and hearing-impaired person recommended by the
2-56 Coalition of Texans with Disabilities;
2-57 (7) [(6)] two representatives of telecommunications
2-58 utilities, one representing a nonlocal exchange utility and one
2-59 representing a local exchange company, chosen from a list of
2-60 candidates provided by the Texas Telephone Association;
2-61 (8) [(7)] two persons, at least one of whom is deaf,
2-62 with experience in providing relay services recommended by the
2-63 Texas Commission for the Deaf and Hard of Hearing
2-64 [Hearing-Impaired]; and
2-65 (9) [(8)] two public members recommended by
2-66 organizations representing consumers of telecommunications
2-67 services.
2-68 (h) The commission shall appoint advisory committee members
2-69 based on recommended lists of candidates submitted in accordance
3-1 with Subdivision (7) [(6)] of Subsection (g) of this section. The
3-2 advisory committee shall:
3-3 (1) monitor the establishment, administration, and
3-4 promotion of the statewide telecommunications relay access service;
3-5 (2) [and] advise the commission in pursuing a service
3-6 that [which] meets the needs of the hearing-impaired and
3-7 speech-impaired in communicating with other users of
3-8 telecommunications services; and
3-9 (3) advise the commission and the Texas Commission for
3-10 the Deaf and Hard of Hearing, at the request of either commission,
3-11 regarding any issue related to the specialized telecommunications
3-12 device assistance program established under this subtitle,
3-13 including:
3-14 (A) devices suitable to meet the needs of the
3-15 hearing-impaired and speech-impaired in communicating with other
3-16 users of telecommunications services; and
3-17 (B) oversight and administration of the program.
3-18 (i) The term [terms] of office of each member of the
3-19 advisory committee shall be two years. A member whose term has
3-20 expired shall continue to serve until a qualified replacement is
3-21 appointed.
3-22 (j) The members of the advisory committee shall serve
3-23 without compensation but shall be entitled to reimbursement at
3-24 rates established for state employees for travel and per diem
3-25 incurred in the performance of their official duties. The
3-26 commission shall reimburse members of the advisory committee in
3-27 accordance with this subsection and shall provide clerical and
3-28 staff support to the advisory committee, including a secretary to
3-29 record the committee meetings.
3-30 (k) The [commission's] costs associated with the advisory
3-31 committee shall be reimbursed from the universal service fund.
3-32 SECTION 4. Subsection (a), Section 3.608, Public Utility
3-33 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
3-34 Statutes), is amended to read as follows:
3-35 (a) The commission shall adopt and enforce rules requiring
3-36 local exchange companies to establish a universal service fund to:
3-37 (1) assist local exchange companies in providing basic
3-38 local telecommunications service at reasonable rates in high cost
3-39 rural areas;
3-40 (2) [, to] reimburse local exchange companies for
3-41 revenues lost as a result of providing tel-assistance service under
3-42 this Act;
3-43 (3) [, to] reimburse the telecommunications carrier
3-44 providing the statewide telecommunications relay access service for
3-45 the hearing-impaired and speech-impaired as authorized in Section
3-46 3.604 of this Act;
3-47 (4) finance the specialized telecommunications device
3-48 assistance program established under Section 3.611 of this Act; and
3-49 (5) [, and to] reimburse the Texas Department of Human
3-50 Services, the Texas Commission for the Deaf and Hard of Hearing,
3-51 and the commission for costs incurred in implementing the
3-52 provisions of this subtitle.
3-53 SECTION 5. The importance of this legislation and the
3-54 crowded condition of the calendars in both houses create an
3-55 emergency and an imperative public necessity that the
3-56 constitutional rule requiring bills to be read on three several
3-57 days in each house be suspended, and this rule is hereby suspended,
3-58 and that this Act take effect and be in force from and after its
3-59 passage, and it is so enacted.
3-60 * * * * *