SRC-DPW C.S.S.B. 1441 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1441
76R12453 JJT-DBy: Barrientos
Human Services
4/14/1999
Committee Report (Substituted)


DIGEST 

Currently, the specialized telecommunications device assistance program
only provides devices to individuals who are deaf or hard of hearing and
not to individuals with other disabilities that make it difficult or
impossible to use standard telecommunications devices.  This bill would
allow the Texas Public Utility Commission and the Commission for the Deaf
and Hard of Hearing to provide assistive telecommunications devices for
individuals with serious disabilities. 

PURPOSE

As proposed, C.S.S.B. 1441 sets forth guidelines for the expansion of the
specialized telecommunications devices assistance program. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission for the Deaf and
Hard of Hearing in SECTION 5 (Section 56.152, Utilities Code) and the
Public Utility Commission of Texas and the Texas Commission for the Deaf
and Hard of Hearing in SECTION 5 (Sections 56.151 and 56.153, Utilities
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 56.021, Utilities Code, to require the Public
Utility Commission of Texas (PUC) to adopt and enforce rules requiring
local exchange companies to establish a universal service fund to finance
the specialized telecommunications assistance program. 

SECTION 2. Amends Section 56.110(a), Utilities Code, to provide that an
advisory committee to assist PUC is composed of certain persons, including
two persons with certain disabilities that impair the ability to
effectively access the telephone network.  Makes conforming changes. 

SECTION 3. Amends Section 56.111, Utilities Code, to require the advisory
committee to advise the PUC and the Texas Commission for the Deaf and Hard
of Hearing (commission for the deaf) regarding devices or services suitable
to meet the needs of persons with disabilities.  Deletes text regarding the
hearing impaired.  Makes a conforming change. 

SECTION 4. Amends the heading of Chapter 56E, Utilities Code, as follows:

SUBCHAPTER E. SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM

SECTION 5. Amends Sections 56.151 - 56.154, Utilities Code, as follows:

Sec. 56.151. New heading: SPECIALIZED TELECOMMUNICATIONS ASSISTANCE
PROGRAM. Requires PUC and the commission for the deaf, by rule, to
establish a specialized telecommunications program to financially assist
individuals with disabilities that impair 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, to enable the
individuals to purchase specialized services.   

Sec. 56.152. ELIGIBILITY. Requires the commission for the deaf, by rule, to
prescribe eligibility standards for individuals, including deaf individuals
and those who have an impairment of hearing or speech.    

 Sec. 56.153. VOUCHERS. Requires the commission for the deaf to distribute
certain vouchers to eligible applicants for devices or services, rather
than devices for the deaf (TDD or TTY).  Requires PUC and the commission
for the deaf, by rule, to provide that a distributor of devices or a
provider of services will not receive more than full price of the devise or
service if certain action is taken.  Makes conforming changes. 

Sec. 56.154. COMMISSION DUTIES. Requires PUC to pay a telecommunications
service provider who prevents a voucher for payment, not later than the
45th day after PUC receives the voucher.  Makes conforming changes. 

SECTION 6.  Amends Section 56.155(a), Utilities Code, to make a conforming
change. 

SECTION 7. Provides that the text of Sections 56.021, 56.110(a), 56.111,
56.151, 56.152, and 56.153, 56.154, and 56.155(a), Utilities Code, 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. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 56.021, Utilities Code, to require PUC to adopt and enforce
rules requiring local exchange companies to establish a universal service
fund to finance the specialized telecommunications assistance program. 

SECTION 2. 

Amends Section 56.110(a), Utilities Code, to provide that an advisory
committee to assist PUC is composed of certain persons, including two
persons with certain disabilities that impair the ability to effectively
access the telephone network. 

SECTION 3. 

Amends Section 56.111, Utilities Code, to require the advisory committee to
advise the PUC and the commission for the deaf regarding devices or
services suitable to meet the needs of persons with disabilities. 

SECTION 4. 

Amends the heading to Chapter 56E, Utilities Code.

SECTION 5. 

Amends Section 56.151, Utilities Code, to require PUC and the commission
for the deaf, by rule, to establish a specialized telecommunications
program to financially assist individuals with disabilities that impair the
individual's ability to effectively access the telephone network to enable
the individuals to purchase specialized services. 

Amends Section 56.153, Utilities Code, to require the commission for the
deaf to distribute certain vouchers to eligible applicants for devices or
services.  Requires PUC and the commission for the deaf, by rule, to
provide that a distributor of devices or a provider of services will not
receive more than full price of the devise or service if certain action is
taken.  Makes conforming changes. 

 Amends Section 56.154, Utilities Code, to require the PUC to pay a
telecommunications service provider who prevents a voucher for payment, not
later than the 45th day after the PUC receives the voucher.  Makes
conforming changes. 

SECTION 6.

Amends Section 56.155(a), Utilities Code, to make a conforming change.

SECTION 7. 

Provides that the text of Sections 56.021, 56.110(a), 56.111, 56.151,
56.152, and 56.153, 56.154, and 56.155(a), Utilities Code, gives effect to
changes made by Chapter 149, Acts of the 75th Legislature, Regular Session,
1997.