By: Sibley S.B. No. 1915
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of utilities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 1.034, Public Utility Regulatory Act of
1-4 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-5 to read as follows:
1-6 Sec. 1.034. Orders; Transcript and Exhibits; Public Records.
1-7 (a) All orders of the commission shall be in writing and shall
1-8 contain detailed findings of the facts upon which they are passed.
1-9 (b) The commission shall retain a copy of the transcript and
1-10 the exhibits in any matter in which the commission issues an order.
1-11 All files pertaining to matters which were at any time pending
1-12 before the commission and to records, reports, and inspections
1-13 required by Subtitle E of this title, Title II of this Act, and
1-14 Title III of this Act shall be public records, subject to the terms
1-15 of Chapter 552, Government Code.
1-16 (c) The commission may establish a system to provide
1-17 electronic access to information that is stored in computer banks
1-18 maintained by the commission and that is not considered to be
1-19 confidential by law, whether constitutional, statutory, or judicial
1-20 decision. The system must be reviewed and approved by the
1-21 Department of Information Resources. The commission may impose a
1-22 fee for electronic access to the information in an amount
1-23 reasonable and necessary to cover the costs of payments to the
2-1 Texas Public Finance Authority associated with establishing the
2-2 electronic access system.
2-3 SECTION 2. Section 3.002, Public Utility Regulatory Act of
2-4 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
2-5 by adding Subdivision (13) to read as follows:
2-6 (13) "Rural telephone company" means an incumbent
2-7 local exchange company that meets one or more of the following
2-8 requirements:
2-9 (A) the company provides local exchange
2-10 telephone service to a certificated service area that does not
2-11 include:
2-12 (i) a municipality with a population of
2-13 more than 10,000, as determined by the most recent statistics of
2-14 the United States Bureau of the Census; or
2-15 (ii) any area, whether or not
2-16 incorporated, included within an area that as of August 10, 1993,
2-17 was an urbanized area as determined by the United States Bureau of
2-18 the Census;
2-19 (B) the company provides local exchange
2-20 telephone service, including exchange access, to fewer than 50,000
2-21 access lines in the state;
2-22 (C) the company provides local exchange
2-23 telephone service to a study area with fewer than 100,000 access
2-24 lines; or
2-25 (D) as of February 28, 1996, less than 15
3-1 percent of the company's access lines were located in
3-2 municipalities with a population of more than 50,000.
3-3 SECTION 3. Section 3.211, Public Utility Regulatory Act of
3-4 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
3-5 by adding Subsection (k) to read as follows:
3-6 (k) Notwithstanding any other law, including Subtitles H and
3-7 I of this title, if the assessment imposed under Section 3.606 of
3-8 this Act is increased by an Act of the 75th Legislature, Regular
3-9 Session, 1997, the commission may permit a public utility to
3-10 recover exclusively from its retail customers the amount of the
3-11 increase. In considering a request for this recovery, the
3-12 commission shall consider only whether the recovery is equitable in
3-13 the applicable circumstances and the proper computation of the
3-14 amount under Subtitle H or I of this title, Section 3.354 of this
3-15 Act applies to the rate adjustment procedure.
3-16 SECTION 4. Subtitle E, Title III, Public Utility Regulatory
3-17 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
3-18 amended by adding Section 3.2133 to read as follows:
3-19 Sec. 3.2133. RURAL TELEPHONE COMPANIES. To better conform
3-20 state and federal regulation of incumbent local exchange companies,
3-21 and subject to such duties as the commission may determine are
3-22 appropriate under 47 U.S.C. Sections 251(a), (b), and (c), the
3-23 commission shall permit a rural telephone company not otherwise
3-24 exempt from interconnection obligations under state law to apply
3-25 for the exemptions to and suspensions and modifications of the
4-1 duties as provided by 47 U.S.C. Section 251(f).
4-2 SECTION 5. Section 3.302, Public Utility Regulatory Act of
4-3 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
4-4 to read as follows:
4-5 Sec. 3.302. Caller Identification Services. (a) This
4-6 section applies only to the provision of caller identification
4-7 service.
4-8 (b) A person may not offer a caller identification service
4-9 unless the person obtains written authorization from the
4-10 commission.
4-11 (c) Except as provided by Subsection (e) of this section,
4-12 the [The] commission shall require that a provider of caller
4-13 identification service offer per-call blocking at no charge to each
4-14 telephone subscriber in the specific area in which the service is
4-15 offered.
4-16 (d) Except as provided by Subsection (e) of this section,
4-17 the [The] commission shall require that a provider offer per-line
4-18 blocking at no charge to a particular customer if the commission
4-19 receives from the customer written certification that the customer
4-20 has a compelling need for per-line blocking. If a customer later
4-21 removes the per-line block, the provider may assess a service order
4-22 charge relating to administrative costs in an amount approved by
4-23 the commission to reinstate the per-line block. The commission may
4-24 prescribe and assess fees and assessments from providers of caller
4-25 identification service in an amount sufficient to cover the
5-1 additional expenses incurred by the commission in implementing the
5-2 customer certification provisions of this subsection. Reports,
5-3 records, and information received under this subsection by the
5-4 commission or by a provider of caller identification service are
5-5 confidential and may be used only for the purposes of administering
5-6 this subsection.
5-7 (e) A telephone solicitor may not use any method, including
5-8 per-call blocking or per-line blocking, that prevents caller
5-9 identification information for the telephone solicitor's lines used
5-10 to make consumer telephone calls from being shown by a device
5-11 capable of displaying caller identification information. In this
5-12 subsection, "telephone solicitor" and "consumer telephone call"
5-13 have the meanings assigned by Section 37.01, Business & Commerce
5-14 Code.
5-15 (e-1) Not later than January 1, 1998, from each line used
5-16 for consumer telephone calls, a telephone solicitor shall remove
5-17 per-line blocking and any other method prohibited by Subsection (e)
5-18 of this section. This subsection expires January 31, 1998.
5-19 (f) The commission may only prescribe in relation to
5-20 blocking the requirements prescribed by Subsections (c), [and] (d),
5-21 and (e) of this section.
5-22 (g) [(f)] A person may not use a caller identification
5-23 service to compile and sell specific local call information without
5-24 the affirmative consent and approval of the originating telephone
5-25 customer. This subsection does not prohibit the provider from:
6-1 (1) verifying network performance or from testing the
6-2 provision of caller identification service;
6-3 (2) compiling, using, and disclosing aggregate caller
6-4 identification information; or
6-5 (3) complying with applicable law or legal process.
6-6 (h) [(g)] This section does not apply to:
6-7 (1) an identification service that is used within the
6-8 same limited system, including a central office based PBX-type
6-9 system;
6-10 (2) information that is used on a public agency's
6-11 emergency telephone line or on a line that receives the primary
6-12 emergency telephone number (9-1-1);
6-13 (3) information passed between telecommunications
6-14 utilities, enhanced service providers, or other entities that is
6-15 necessary for the set-up, processing, transmission, or billing of
6-16 telecommunications or related services;
6-17 (4) information provided in compliance with applicable
6-18 law or legal process; or
6-19 (5) an identification service provided in connection
6-20 with a "700," "800," or "900" access code telecommunications
6-21 service.
6-22 (i) [(h)] In this section:
6-23 (1) "Caller identification information" means:
6-24 (A) the telephone listing number and/or name of
6-25 the customer from whose telephone instrument a telephone number is
7-1 dialed; or
7-2 (B) other information that may be used to
7-3 identify the specific originating number or originating location of
7-4 a wire or electronic communication transmitted by a telephone
7-5 instrument.
7-6 (2) "Caller identification service" means a service
7-7 offered by a telecommunications utility that provides caller
7-8 identification information to a device capable of displaying the
7-9 information.
7-10 (3) "Per-call blocking" means a telecommunications
7-11 service that prevents the transmission of caller identification
7-12 information to a called party on an individual call if the calling
7-13 party acts affirmatively to prevent the transmission of the caller
7-14 identification information.
7-15 (4) "Per-line blocking" means a telecommunications
7-16 service that prevents the transmission of caller identification
7-17 information to a called party on every call unless the calling
7-18 party acts affirmatively to release the caller identification
7-19 information.
7-20 (j) [(i)] A commercial mobile service provider may offer
7-21 caller identification services under the same terms and conditions
7-22 provided by Subsections (c)-(g) [(f)] of this section.
7-23 SECTION 6. Subsection (q), Section 3.606, Public Utility
7-24 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
7-25 Statutes), is amended to read as follows:
8-1 (q) The board shall use money in the telecommunications
8-2 utilities account to award grants and loans in accordance with this
8-3 section to fund equipment purchases, including computers, printers,
8-4 computer labs, and video equipment, for public schools and for
8-5 intracampus and intercampus wiring to enable those public schools
8-6 to use the equipment. The board shall use money in the commercial
8-7 mobile service providers account for any purpose authorized by this
8-8 section, including equipment purchases, wiring, material, program
8-9 development, training, installation costs, or any statewide
8-10 telecommunications network. Grants and loans awarded in accordance
8-11 with this section to public school collaboratives may be disbursed
8-12 through regional education service centers on request of the public
8-13 schools participating in the collaborative.
8-14 SECTION 7. Subsection (a), Section 3.608, Public Utility
8-15 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
8-16 Statutes), is amended to read as follows:
8-17 (a) The commission shall adopt and enforce rules requiring
8-18 local exchange companies to establish a universal service fund to
8-19 assist local exchange companies in providing basic local
8-20 telecommunications service at reasonable rates in high cost [rural]
8-21 areas, to reimburse local exchange companies for revenues lost as a
8-22 result of providing tel-assistance service under this Act, to
8-23 reimburse the telecommunications carrier providing the statewide
8-24 telecommunications relay access service for the hearing-impaired
8-25 and speech-impaired as authorized in Section 3.604 of this Act, and
9-1 to reimburse the Texas Department of Human Services and the
9-2 commission for costs incurred in implementing the provisions of
9-3 this subtitle.
9-4 (g) For the purposes of applying rules and otherwise
9-5 administering this section, the commission shall treat a rural
9-6 telephone company, having fewer than 100,000 access lines as of
9-7 January 1, 1997, in the same manner it treats an incumbent local
9-8 exchange company serving fewer than 31,000 access lines in this
9-9 state or a telephone cooperative corporation.
9-10 SECTION 8. Subsection (a), Section 3.653, Public Utility
9-11 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
9-12 Statutes), is amended to read as follows:
9-13 (a) A person may not operate an ADAD to make a telephone
9-14 call if the device plays a recorded message when a connection is
9-15 completed to a telephone number unless:
9-16 (1) the person has obtained a permit from the
9-17 commission and given written notice specifying the type of device
9-18 to each telecommunications utility over whose system the device is
9-19 to be used;
9-20 (2) the device is not used for random number dialing
9-21 or to dial numbers determined by successively increasing or
9-22 decreasing integers;
9-23 (3) the message states during the first 30 seconds of
9-24 the call the nature of the call, the identity of the person,
9-25 company, or organization making the call, and the telephone number
10-1 from which the call was made, provided, however, that if an ADAD is
10-2 used for debt collection purposes and the use complies with
10-3 applicable federal law and regulations, and the ADAD is used by a
10-4 live operator for automatic dialing or hold announcement purposes,
10-5 the use complies with this subdivision;
10-6 (4) the device disconnects from the called person's
10-7 line not later than 30 seconds after the call is terminated by
10-8 either party or, if the device cannot disconnect within that
10-9 period, a live operator introduces the call and receives the oral
10-10 consent of the called person before beginning a prerecorded or
10-11 synthesized voice message;
10-12 (5) the device, when used for solicitation purposes,
10-13 has a message shorter than 30 seconds [one minute] or has the
10-14 technical capacity to recognize a telephone answering device on the
10-15 called person's line and terminates the call within 30 seconds [one
10-16 minute]; and
10-17 (6) for calls terminating in this state, the device is
10-18 not used to make a call:
10-19 (A) before noon or after 9 p.m. on a Sunday or
10-20 before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
10-21 device is used for solicitation; or
10-22 (B) at an hour at which collection calls would
10-23 be prohibited under the federal Fair Debt Collection Practices Act
10-24 (15 U.S.C. Section 1692 et seq.), if the device is used for
10-25 collection purposes.
11-1 SECTION 9. Subsection (e), Section 3.656, Public Utility
11-2 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
11-3 Statutes), is amended to read as follows:
11-4 (e) The proceeds of administrative penalties collected under
11-5 this section shall be deposited to the credit of the commission and
11-6 shall be used by the commission to enforce this subtitle [general
11-7 revenue fund].
11-8 SECTION 10. Subtitle O, Title III, Public Utility Regulatory
11-9 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
11-10 amended by adding Section 3.661 to read as follows:
11-11 Sec. 3.661. EDUCATIONAL PROGRAM. In addition to the notice
11-12 required by Section 3.660 of this Act, the commission shall conduct
11-13 an educational program designed to inform the public of its rights
11-14 under Section 3.659 of this Act and Section 37.02, Business &
11-15 Commerce Code. The educational program shall be directed to all
11-16 residential telephone subscribers and shall be conducted no less
11-17 frequently than annually if funds are available.
11-18 SECTION 11. Subtitle K, Title I, Public Utility Regulatory
11-19 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes, is
11-20 amended by adding Section 1.408 to read as follows:
11-21 Sec. 1.408. REFUNDS FOR OVERBILLING. The commission by rule
11-22 shall require a public utility that charges a customer more than
11-23 the lawful rate for the service being purchased by the customer to
11-24 refund the overcharged amount by an adjustment made for the entire
11-25 period of the overcharges.
12-1 SECTION 12. This Act takes effect September 1, 1997.
12-2 SECTION 13. The importance of this legislation and the
12-3 crowded condition of the calendars in both houses create an
12-4 emergency and an imperative public necessity that the
12-5 constitutional rule requiring bills to be read on three several
12-6 days in each house be suspended, and this rule is hereby suspended.