76R9826 JJT-D
By Naishtat H.B. No. 3640
Substitute the following for H.B. No. 3640:
By Chavez C.S.H.B. No. 3640
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expanding the specialized telecommunications devices
1-3 assistance program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 56.110(a), Utilities Code, is amended to
1-6 read as follows:
1-7 (a) An advisory committee to assist the commission in
1-8 administering this subchapter is composed of the following persons
1-9 appointed by the commission:
1-10 (1) two persons with disabilities that impair the
1-11 ability to effectively access the telephone network other than
1-12 disabilities described by Subdivisions (2)-(7);
1-13 (2) one deaf person recommended by the Texas Deaf
1-14 Caucus;
1-15 (3) [(2)] one deaf person recommended by the Texas
1-16 Association of the Deaf;
1-17 (4) [(3)] one person with a hearing impairment
1-18 recommended by Self-Help for the Hard of Hearing;
1-19 (5) [(4)] one person with a hearing impairment
1-20 recommended by the American Association of Retired Persons;
1-21 (6) [(5)] one deaf and blind person recommended by the
1-22 Texas Deaf/Blind Association;
1-23 (7) [(6)] one person with a speech impairment and one
1-24 person with a speech and hearing impairment recommended by the
2-1 Coalition of Texans with Disabilities;
2-2 (8) [(7)] two representatives of telecommunications
2-3 utilities, one representing a nonlocal exchange utility and one
2-4 representing a local exchange company, chosen from a list of
2-5 candidates provided by the Texas Telephone Association;
2-6 (9) [(8)] two persons, at least one of whom is deaf,
2-7 with experience in providing relay services recommended by the
2-8 Texas Commission for the Deaf and Hard of Hearing; and
2-9 (10) [(9)] two public members recommended by
2-10 organizations representing consumers of telecommunications
2-11 services.
2-12 SECTION 2. Section 56.111, Utilities Code, is amended to
2-13 read as follows:
2-14 Sec. 56.111. Advisory Committee Duties. The advisory
2-15 committee shall:
2-16 (1) monitor the establishment, administration, and
2-17 promotion of the statewide telecommunications relay access service;
2-18 (2) advise the commission in pursuing a service that
2-19 meets the needs of persons with an impairment of hearing or speech
2-20 in communicating with other telecommunications services users; and
2-21 (3) advise the commission and the Texas Commission for
2-22 the Deaf and Hard of Hearing, at the request of either commission,
2-23 regarding any issue related to the specialized telecommunications
2-24 device assistance program established under Subchapter E,
2-25 including:
2-26 (A) devices suitable to meet the needs of
2-27 persons with disabilities [the hearing-impaired and
3-1 speech-impaired] in communicating with other users of
3-2 telecommunications services; and
3-3 (B) oversight and administration of the program.
3-4 SECTION 3. Sections 56.151 and 56.152, Utilities Code, are
3-5 amended to read as follows:
3-6 Sec. 56.151. SPECIALIZED TELECOMMUNICATIONS DEVICE
3-7 ASSISTANCE PROGRAM. The commission and the Texas Commission for
3-8 the Deaf and Hard of Hearing by rule shall establish a program to
3-9 provide financial assistance to [certain] individuals with
3-10 disabilities that impair the individuals' ability to effectively
3-11 access the telephone network [who are deaf or have an impairment of
3-12 hearing or speech] to enable the individuals to purchase
3-13 specialized equipment to provide telephone network access that is
3-14 functionally equivalent to that enjoyed by individuals without
3-15 disabilities [an impairment of hearing or speech].
3-16 Sec. 56.152. ELIGIBILITY. The Texas Commission for the Deaf
3-17 and Hard of Hearing by rule shall prescribe eligibility standards
3-18 for individuals, including deaf individuals and individuals who
3-19 have an impairment of hearing or speech, to receive an assistance
3-20 voucher under the program. To be eligible, an individual must be a
3-21 resident of this state who has access to a telephone line in the
3-22 individual's home or place of business.
3-23 SECTION 4. Section 56.153(a), Utilities Code, is amended to
3-24 read as follows:
3-25 (a) The Texas Commission for the Deaf and Hard of Hearing
3-26 shall determine a reasonable price for a basic telecommunications
3-27 device [for the deaf (TDD or TTY)] and distribute to each eligible
4-1 applicant a voucher that guarantees payment of that amount to a
4-2 distributor of new specialized telecommunications devices described
4-3 by Section 56.151.
4-4 SECTION 5. (a) In accordance with Section 311.031(c),
4-5 Government Code, which gives effect to a substantive amendment
4-6 enacted by the same legislature that codifies the amended
4-7 statute, the text of Sections 56.110(a), 56.111, 56.151, 56.152,
4-8 and 56.153(a), Utilities Code, as set out in Sections 1-4 of this
4-9 Act, gives effect to changes made by Chapter 149, Acts of the
4-10 75th Legislature, Regular Session, 1997.
4-11 (b) To the extent of any conflict, this Act prevails over
4-12 another Act of the 76th Legislature, Regular Session, 1999,
4-13 relating to nonsubstantive additions to and corrections in
4-14 enacted codes.
4-15 SECTION 6. This Act takes effect September 1, 1999.
4-16 SECTION 7. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.