1-1 By: Danburg (Senate Sponsor - Barrientos) H.B. No. 1700
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Economic
1-4 Development; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to lifeline and tel-assistance telecommunications
1-9 services.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter A, Chapter 55, Utilities Code, is
1-12 amended by adding Section 55.012 to read as follows:
1-13 Sec. 55.012. LIFELINE SERVICE. (a) The commission shall
1-14 adopt rules prohibiting a telecommunications provider from
1-15 discontinuing local exchange telephone service to a consumer who
1-16 receives lifeline service because of nonpayment by the consumer of
1-17 charges for other services billed by the provider, including long
1-18 distance service.
1-19 (b) The commission shall adopt rules providing for automatic
1-20 enrollment to receive lifeline service for eligible consumers. The
1-21 Texas Department of Human Services, on request of the commission,
1-22 shall assist in the adoption and implementation of those rules.
1-23 The commission and the Texas Department of Human Services shall
1-24 enter into a memorandum of understanding establishing the
1-25 respective duties of the commission and department in relation to
1-26 the automatic enrollment.
1-27 (c) A telecommunications provider may block a lifeline
1-28 service participant's access to all long distance service except
1-29 toll-free numbers when the participant owes an outstanding amount
1-30 for that service. The telecommunications provider shall remove the
1-31 block without additional cost to the participant on payment of the
1-32 outstanding amount.
1-33 (d) A telecommunications provider shall offer a consumer who
1-34 applies for or receives lifeline service the option of blocking all
1-35 toll calls or, if technically capable, placing a limit on the
1-36 amount of toll calls. The provider may not charge the consumer an
1-37 administrative charge or other additional amount for the blocking
1-38 service.
1-39 (e) In this section, "lifeline service" means a retail local
1-40 service offering described by 47 C.F.R. Section 54.401(a), as
1-41 amended.
1-42 SECTION 2. Section 56.021, Utilities Code, is amended to
1-43 read as follows:
1-44 Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
1-45 commission shall adopt and enforce rules requiring local exchange
1-46 companies to establish a universal service fund to:
1-47 (1) assist local exchange companies in providing basic
1-48 local telecommunications service at reasonable rates in high cost
1-49 rural areas;
1-50 (2) reimburse local exchange companies for revenue
1-51 lost by providing tel-assistance service under Subchapter C;
1-52 (3) reimburse the telecommunications carrier that
1-53 provides the statewide telecommunications relay access service
1-54 under Subchapter D;
1-55 (4) finance the specialized telecommunications device
1-56 assistance program established under Subchapter E; [and]
1-57 (5) reimburse the department, the Texas Commission for
1-58 the Deaf and Hard of Hearing, and the commission for costs incurred
1-59 in implementing this chapter and Chapter 57; and
1-60 (6) reimburse a telecommunications carrier providing
1-61 lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
1-62 amended.
1-63 SECTION 3. Section 56.072, Utilities Code, is amended by
1-64 adding Subsection (d) to read as follows:
2-1 (d) The commission shall adopt rules providing for automatic
2-2 enrollment to receive tel-assistance service for eligible
2-3 consumers. The department, on request of the commission, shall
2-4 assist in the adoption and implementation of those rules. The
2-5 commission and the department shall enter into a memorandum of
2-6 understanding establishing the respective duties of the commission
2-7 and department in relation to the automatic enrollment.
2-8 SECTION 4. Subchapter C, Chapter 56, Utilities Code, is
2-9 amended by adding Section 56.079 to read as follows:
2-10 Sec. 56.079. RELATIONSHIP TO OTHER SERVICES. (a) The
2-11 commission shall adopt rules prohibiting a telecommunications
2-12 provider from discontinuing local exchange telephone service to a
2-13 consumer who receives tel-assistance service because of nonpayment
2-14 by the consumer of charges for other services billed by the
2-15 provider, including long distance service.
2-16 (b) A telecommunications provider may block a tel-assistance
2-17 service participant's access to all long distance service except
2-18 toll-free numbers when the participant owes an outstanding amount
2-19 for that service. The telecommunications provider shall remove the
2-20 block without additional cost to the participant on payment of the
2-21 outstanding amount.
2-22 (c) A telecommunications provider shall offer a consumer who
2-23 applies for or receives tel-assistance service the option of
2-24 blocking all toll calls or, if technically capable, placing a limit
2-25 on the amount of toll calls. The provider may not charge the
2-26 consumer an administrative charge or other additional amount for
2-27 the blocking service.
2-28 SECTION 5. (a) In accordance with Section 311.031(c),
2-29 Government Code, which gives effect to a substantive amendment
2-30 enacted by the same legislature that codifies the amended statute,
2-31 the text of Section 56.021, Utilities Code, as set out in this Act,
2-32 gives effect to changes made by Section 4, Chapter 149, Acts of the
2-33 75th Legislature, Regular Session, 1997.
2-34 (b) To the extent of any conflict, this Act prevails over
2-35 another Act of the 76th Legislature, Regular Session, 1999,
2-36 relating to nonsubstantive additions and corrections in enacted
2-37 codes.
2-38 SECTION 6. This Act takes effect September 1, 1999.
2-39 SECTION 7. The importance of this legislation and the
2-40 crowded condition of the calendars in both houses create an
2-41 emergency and an imperative public necessity that the
2-42 constitutional rule requiring bills to be read on three several
2-43 days in each house be suspended, and this rule is hereby suspended.
2-44 * * * * *