By Naishtat                                           H.B. No. 2910
         76R7497 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to contracts for special features of the
 1-3     telecommunications relay access service.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 56, Utilities Code, is
 1-6     amended by adding Section 56.1085 to read as follows:
 1-7           Sec. 56.1085.  SPECIAL FEATURES FOR RELAY ACCESS SERVICE.
 1-8     (a)  The commission may contract for a special feature for the
 1-9     state's telecommunications relay access service if the commission
1-10     determines:
1-11                 (1)  the feature will benefit the communication of
1-12     persons with an impairment of hearing or speech;
1-13                 (2)  installation of the feature will be of benefit to
1-14     the state; and
1-15                 (3)  the feature will make the relay access service
1-16     available to a greater number of users.
1-17           (b)  If the carrier selected to provide the
1-18     telecommunications relay access service under Section 56.108 is
1-19     unable to provide the special feature at the best value to the
1-20     state, the commission may make a written award of a contract for a
1-21     carrier to provide the special feature to the telecommunications
1-22     carrier whose proposal is most advantageous to the state,
1-23     considering:
1-24                 (1)  the factors provided by Section 56.108(b); and
 2-1                 (2)  the past performance, demonstrated capability, and
 2-2     experience of the carrier.
 2-3           (c)  The commission shall consider each proposal in a manner
 2-4     that does not disclose the contents of the proposal to a
 2-5     telecommunications carrier making a competing proposal.
 2-6           (d)  The commission's evaluation of a telecommunications
 2-7     carrier's proposal shall include the considerations provided by
 2-8     Section 5.108(d).
 2-9           SECTION 2.  Section 56.109(a), Utilities Code, is amended to
2-10     read as follows:
2-11           (a)  The telecommunications carrier selected to provide the
2-12     telecommunications relay access service under Section 56.108 or the
2-13     carrier selected to provide a special feature for [that provides]
2-14     the telecommunications relay access service under Section 56.1085
2-15     shall be compensated at rates and on terms provided by the
2-16     carrier's contract with the commission.
2-17           SECTION 3.  This Act takes effect September 1, 1999.
2-18           SECTION 4.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended.