By Hunter H.B. No. 3692
76R9256 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of telecommunications utilities and to
1-3 the provision of telecommunications and related services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 58.021, Utilities Code, is amended by
1-6 adding Subsections (c) and (d) to read as follows:
1-7 (c) Except as provided by Subsection (d), an election under
1-8 this chapter remains in effect until the legislature eliminates the
1-9 incentive regulation authorized by this chapter and Chapter 59.
1-10 SECTION 2. Section 58.062, Utilities Code, is amended to
1-11 read as follows:
1-12 Sec. 58.062. SWITCHED ACCESS RATES. Notwithstanding any
1-13 other provision of this title, the commission may [not] reduce an
1-14 electing company's rates for switched access services only if the
1-15 electing company seeks a rate increase for a basic network service
1-16 as provided in Section 58.060 of this Chapter after [before] the
1-17 expiration of the cap on basic network services.
1-18 SECTION 3. Section 59.021, Utilities Code, is amended by
1-19 adding Subsection (c) to read as follows:
1-20 (c) A company electing under this chapter may renew the
1-21 election for successive two-year periods. An election that is
1-22 renewed under this subsection remains in effect until the earlier
1-23 of the date the:
1-24 (1) election expires because it was not renewed;
2-1 (2) commission allows the company to withdraw its
2-2 election under Section 59.022; or
2-3 (3) legislature eliminates the incentive regulation
2-4 authorized by this chapter and Chapter 58.
2-5 SECTION 4. Section 59.024, Utilities Code, is amended by
2-6 amending Subsections (a) and (d) and adding Subsections (f) and (g)
2-7 to read as follows:
2-8 (a) Except for the charges permitted under Subchapter C,
2-9 Chapter 55, Subchapter B, Chapter 56, and Section 55.024, an
2-10 electing company may not, [on or] before the end of the company's
2-11 election period under this chapter [sixth anniversary of its]
2-12 [election date], increase a rate previously established for that
2-13 company under this title unless the commission approves the
2-14 proposed change as authorized under Subsection (c) or (d).
2-15 (d) Notwithstanding Subsection (a), the [The] commission, on
2-16 request of the electing company, shall allow a rate group
2-17 reclassification that results from access line growth.
2-18 (f) An electing company may, on its own initiative, decrease
2-19 a rate during the company's election period. Section 58.059 does
2-20 not apply to a rate decrease under this subsection.
2-21 (g) Except as provided by Subsection (f), Section 58.059
2-22 applies to a rate change under this section.
2-23 SECTION 5. Section 59.025, Utilities Code, is amended to
2-24 read as follows:
2-25 Sec. 59.025. Switched Access Rates. Notwithstanding any
2-26 other provision of this title, the commission may not, on the
2-27 commission's own motion, reduce an electing company's rates for
3-1 switched access services before the expiration of the election
3-2 [six-year] period prescribed by Section 59.024, but may approve a
3-3 reduction proposed by the electing company.
3-4 SECTION 6. Section 59.026(a), Utilities Code, is amended to
3-5 read as follows:
3-6 (a) On or before the end [sixth anniversary] of the
3-7 company's election period [date], an electing company is not, under
3-8 any circumstances, subject to:
3-9 (1) a complaint or hearing regarding the
3-10 reasonableness of the company's:
3-11 (A) rates;
3-12 (B) overall revenues;
3-13 (C) return on invested capital; or
3-14 (D) net income; or
3-15 (2) a complaint that a rate is excessive.
3-16 SECTION 7. This Act takes effect September 1, 1999.
3-17 SECTION 8. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.