76R13290 DWS-F
By Danburg H.B. No. 1700
Substitute the following for H.B. No. 1700:
By Danburg C.S.H.B. No. 1700
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lifeline and tel-assistance telecommunications
1-3 services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 55, Utilities Code, is
1-6 amended by adding Section 55.012 to read as follows:
1-7 Sec. 55.012. LIFELINE SERVICE. (a) The commission shall
1-8 adopt rules prohibiting a telecommunications provider from
1-9 discontinuing local exchange telephone service to a consumer who
1-10 receives lifeline service because of nonpayment by the consumer of
1-11 charges for other services billed by the provider, including long
1-12 distance service.
1-13 (b) The commission shall adopt rules providing for automatic
1-14 enrollment to receive lifeline service for eligible consumers. The
1-15 Texas Department of Human Services, on request of the commission,
1-16 shall assist in the adoption and implementation of those rules.
1-17 The commission and the Texas Department of Human Services shall
1-18 enter into a memorandum of understanding establishing the
1-19 respective duties of the commission and department in relation to
1-20 the automatic enrollment.
1-21 (c) A telecommunications provider may block a lifeline
1-22 service participant's access to all long distance service except
1-23 toll-free numbers when the participant owes an outstanding amount
1-24 for that service. The telecommunications provider shall remove the
2-1 block without additional cost to the participant on payment of the
2-2 outstanding amount.
2-3 (d) A telecommunications provider shall offer a consumer who
2-4 applies for or receives lifeline service the option of blocking all
2-5 toll calls or, if technically capable, placing a limit on the
2-6 amount of toll calls. The provider may not charge the consumer an
2-7 administrative charge or other additional amount for the blocking
2-8 service.
2-9 (e) In this section, "lifeline service" means a retail local
2-10 service offering described by 47 C.F.R. Section 54.401(a), as
2-11 amended.
2-12 SECTION 2. Section 56.021, Utilities Code, is amended to
2-13 read as follows:
2-14 Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
2-15 commission shall adopt and enforce rules requiring local exchange
2-16 companies to establish a universal service fund to:
2-17 (1) assist local exchange companies in providing basic
2-18 local telecommunications service at reasonable rates in high cost
2-19 rural areas;
2-20 (2) reimburse local exchange companies for revenue
2-21 lost by providing tel-assistance service under Subchapter C;
2-22 (3) reimburse the telecommunications carrier that
2-23 provides the statewide telecommunications relay access service
2-24 under Subchapter D;
2-25 (4) finance the specialized telecommunications device
2-26 assistance program established under Subchapter E; [and]
2-27 (5) reimburse the department, the Texas Commission for
3-1 the Deaf and Hard of Hearing, and the commission for costs incurred
3-2 in implementing this chapter and Chapter 57; and
3-3 (6) reimburse a telecommunications carrier providing
3-4 lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
3-5 amended.
3-6 SECTION 3. Section 56.072, Utilities Code, is amended by
3-7 adding Subsection (d) to read as follows:
3-8 (d) The commission shall adopt rules providing for automatic
3-9 enrollment to receive tel-assistance service for eligible
3-10 consumers. The department, on request of the commission, shall
3-11 assist in the adoption and implementation of those rules. The
3-12 commission and the department shall enter into a memorandum of
3-13 understanding establishing the respective duties of the commission
3-14 and department in relation to the automatic enrollment.
3-15 SECTION 4. Subchapter C, Chapter 56, Utilities Code, is
3-16 amended by adding Section 56.079 to read as follows:
3-17 Sec. 56.079. RELATIONSHIP TO OTHER SERVICES. (a) The
3-18 commission shall adopt rules prohibiting a telecommunications
3-19 provider from discontinuing local exchange telephone service to a
3-20 consumer who receives tel-assistance service because of nonpayment
3-21 by the consumer of charges for other services billed by the
3-22 provider, including long distance service.
3-23 (b) A telecommunications provider may block a tel-assistance
3-24 service participant's access to all long distance service except
3-25 toll-free numbers when the participant owes an outstanding amount
3-26 for that service. The telecommunications provider shall remove the
3-27 block without additional cost to the participant on payment of the
4-1 outstanding amount.
4-2 (c) A telecommunications provider shall offer a consumer who
4-3 applies for or receives tel-assistance service the option of
4-4 blocking all toll calls or, if technically capable, placing a limit
4-5 on the amount of toll calls. The provider may not charge the
4-6 consumer an administrative charge or other additional amount for
4-7 the blocking service.
4-8 SECTION 5. (a) In accordance with Section 311.031(c),
4-9 Government Code, which gives effect to a substantive amendment
4-10 enacted by the same legislature that codifies the amended statute,
4-11 the text of Section 56.021, Utilities Code, as set out in this Act,
4-12 gives effect to changes made by Section 4, Chapter 149, Acts of the
4-13 75th Legislature, Regular Session, 1997.
4-14 (b) To the extent of any conflict, this Act prevails over
4-15 another Act of the 76th Legislature, Regular Session, 1999,
4-16 relating to nonsubstantive additions and corrections in enacted
4-17 codes.
4-18 SECTION 6. This Act takes effect September 1, 1999.
4-19 SECTION 7. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.