HBA-NLM C.S.S.B. 1441 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1441 By: Barrientos Human Services 5/14/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The 75th Texas Legislature created a voucher program to provide financial assistance for people with hearing or speech disabilities to acquire specialized telecommunications equipment that provides them telephone access functionally equivalent to that enjoyed by individuals without such disabilities. This voucher program is subsidized by the Universal Service Fund, which is a surcharge assessed to telephone companies. Many people with other disabilities also need this specialized equipment; for example, individuals without use of their hands or vision, and those who have suffered a stroke and have poor speech abilities. C.S.S.B. 1441 authorizes the Public Utility Commission (PUC) to contract for a special feature for the state's telecommunications relay access service if PUC determines it to be beneficial. This bill provides equal telecommunications access to all Texans with disabilities impairing their ability to effectively access the telephone network, rather than just those individuals who are deaf or have a hearing or speech impairment. Furthermore, this bill includes two such persons on the advisory committee to assist PUC. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Public Utility Commission and the Texas Commission for the Deaf and Hard of Hearing is modified in SECTION 7 (Section 56.151 and Section 56.152, Utilities Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 56.021, Utilities Code, to make a conforming change. SECTION 2. Amends Subchapter D, Chapter 56, Utilities Code, by adding Section 56.1085, as follows: Sec. 56.1085. SPECIAL FEATURES FOR RELAY ACCESS SERVICE. Authorizes the Public Utility Commission (PUC) to contract for a special feature for the state's telecommunications relay access service if PUC determines it to be beneficial. Authorizes PUC to make a written award of a contract for a carrier to provide the special feature to the telecommunications carrier whose proposal is most advantageous to the state, if the carrier selected to provide the telecommunications relay access service under Section 56.108 (Selection of Telecommunications Relay Access Service Carrier) is unable to provide the special feature at the best value. Requires PUC to consider each proposal. Requires PUC's evaluation of a telecommunications carrier's proposal to include the consideration provided by Section 56.108. SECTION 3. Amends Section 56.109(a), Utilities Code, to require the telecommunications carrier selected to provide the telecommunications relay access service under Section 56.108 or the carrier selected to provide a special feature for the telecommunications relay access service under Section 56.1085 to be compensated at rates and on terms provided by the carrier's contract with PUC. SECTION 4. Amends Section 56.110(a), Utilities Code, to include on the advisory committee to assist PUC in administering this subchapter, two persons with disabilities that impair their ability to effectively access the telephone network other than disabilities described by Subdivisions (2)-(7). Redesignates existing Subdivisions (2)-(9) to Subdivisions (3)-(10), respectively. SECTION 5. Amends Section 56.111, Utilities Code, to require the advisory committee to advise PUC and the Texas Commission for the Deaf and Hard of Hearing regarding any issue related to the specialized telecommunications assistance program, including devices or services suitable to meet the needs of persons with disabilities in communicating with other users of telecommunications services. Makes conforming changes. SECTION 6. Amends the heading to Subchapter E, Chapter 56, Utilities Code, to read as follows: SUBCHAPTER E. New title: SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM SECTION 7. Amends Sections 56.151-56.154, Utilities Code, as follows: Sec. 56.151. New title: SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAMS. Requires PUC and the Texas Commission for the Deaf and Hard of Hearing, by rule, to establish a program to provide financial assistance to individuals with disabilities impairing the individual's ability to effectively access the telephone network, rather than certain individuals who are deaf or have an impairment of hearing or speech. Makes a conforming change. Sec. 56.152. ELIGIBILITY. Makes a conforming change. Sec. 56.153. VOUCHERS. Requires the Texas Commission for the Deaf and Hard of Hearing to determine a reasonable price for basic specialized services to provide telephone network access from a home or business, rather than for the deaf (TDD or TTY), and distribute to each eligible applicant a voucher that guarantees payment of that amount to a distributor of new specialized telecommunications devices described by Section 56.151 or to a provider of services described by that section. Authorizes the Texas Commission for the Deaf and Hard of Hearing to issue a voucher for a service only if the service is less expensive than a device eligible for a voucher under the program to meet the same need. Provides that an individual who has exchanged a voucher for a specialized telecommunications device is not eligible to receive another voucher before a specified date unless, before that date, the recipient develops a need for a different type of telecommunications device or service under the program because the recipient's disability changes or the recipient acquires another disability. Makes conforming changes. Sec. 56.154. COMMISSION DUTIES. Requires PUC to pay to the distributor or service provider the specified value, not later than the 45th day after the date PUC receives a voucher which a telecommunications device distributor or a telecommunications service provider presents for payment. Authorizes PUC, notwithstanding Section 56.153, to delay payment of a voucher to a distributor of devices or a service provider, provide that payment of the voucher is conditioned on the return of the payment in certain instances, and provide an alternative dispute resolution process. Makes conforming changes. SECTION 8. Amends Section 56.155(a), Utilities Code, to make a conforming change. SECTION 9. Provides that in accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Sections 56.021, 56.110(a), 56.111, 56.151, 56.152, 56.153, 56.154, and 56.155(a), Utilities Code, as set out in SECTIONS 1, 4, 5, 6, 7 and 8 of this Act, gives effect to changes made by Chapter 149, Acts of the 75th Legislature, Regular Session, 1997. Provides that this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions to and corrections in enacted codes to the extent of any conflict. SECTION 10. Effective date: September 1, 1999. SECTION 11. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1441 modifies the original in the caption by including contracts for special features of the telecommunications relay access service. C.S.S.B. 1441 modifies the original by adding a new SECTION 2 (Subchapter D, Chapter 56, Utilities Code). The substitute adds new Section 56.1085 (Special Features For Relay Access Service) to authorize the Public Utility Commission (PUC) to contract for a special feature for the state's telecommunications relay access service if PUC determines it to be beneficial. The substitute authorizes PUC to make a written award of a contract for a carrier to provide the special feature to the telecommunications carrier whose proposal is most advantageous to the state, if the carrier selected to provide the telecommunications relay access service under Section 56.108 (Selection of Telecommunications Relay Access Service Carrier) is unable to provide the special feature at the best value. In addition, the substitute requires PUC to consider each proposal and requires PUC's evaluation of a telecommunications carrier's proposal to include the considerations provided by Section 56.108(d). C.S.S.B. 1441 modifies the original by adding a new SECTION 3 (Section 56.109(a), Utilities Code) to require the telecommunications carrier selected to provide the telecommunications relay access service under Section 56.108 or the carrier selected to provide a special feature for the telecommunications relay access service under Section 56.1085 to be compensated at rates and on terms provided by the carrier's contract with PUC. C.S.S.B. 1441 redesignates SECTIONS 2-9 of the original to SECTIONS 4-11 in the substitute. C.S.S.B. 1441 modifies SECTION 7 (Section 56.153, Utilities Code), redesignated from SECTION 5 of the original, to authorize the Texas Commission for the Deaf and Hard of Hearing to issue a voucher for a service only if the service is less expensive than a device eligible for a voucher under the program to meet the same need. C.S.S.B. 1441 modifies SECTION 9, redesignated from SECTION 7 of the original, to provide that in accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Sections 56.021, 56.110(a), 56.111, 56.151, 56.152, 56.153, 56.154, and 56.155(a), Utilities Code, as set out in SECTIONS 1, 4, 5, 6, 7 and 8 of this Act, gives effect to changes made by Chapter 149, Acts of the 75th Legislature, Regular Session, 1997.