By: West S.B. No. 1251 A BILL TO BE ENTITLED AN ACT 1-1 relating to discontinuance of basic local telecommunications 1-2 service. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 55, Utilities Code, is 1-5 amended by adding Section 55.012 to read as follows: 1-6 Sec. 55.012. LIMITATIONS ON DISCONTINUANCE OF BASIC LOCAL 1-7 TELECOMMUNICATIONS SERVICE. (a) A provider of basic local 1-8 telecommunications service may not discontinue that service because 1-9 of nonpayment by a residential customer of charges for long 1-10 distance service. Payment shall first be allocated to basic local 1-11 telecommunications service. 1-12 (b) For purposes of allocating payment in this section, if 1-13 the provider of basic local telecommunications service bundles its 1-14 basic local telecommunications service with long distance service 1-15 or any other service and provides a discount for the basic local 1-16 telecommunications service because of that bundling, the rate of 1-17 basic local telecommunications service shall be the rate the 1-18 provider charges for stand-alone basic local telecommunications 1-19 service. 1-20 (c) Notwithstanding Subsection (a), the commission shall 1-21 adopt and implement rules, not later than January 1, 2000, to 1-22 prevent customer abuse of the protections afforded by this section. 1-23 The rules must include: 1-24 (1) provisions requiring a provider of basic local 2-1 telecommunications service to offer and implement, at the request 2-2 and expense of a long distance service provider, toll blocking 2-3 capability to limit a customer's ability to incur additional 2-4 charges for long distance services after nonpayment for long 2-5 distance services; and 2-6 (2) provisions regarding fraudulent activity in 2-7 response to which a provider may discontinue a residential 2-8 customer's basic local telecommunications service. 2-9 (d) Notwithstanding any other provision of this title, the 2-10 commission has all jurisdiction necessary to establish a maximum 2-11 price that an incumbent local exchange company may charge a long 2-12 distance service provider to initiate the toll blocking capability 2-13 required to be offered under the rules adopted under Subsection 2-14 (c). The maximum price established under this subsection shall be 2-15 observed by all providers of basic local telecommunications service 2-16 in the incumbent local exchange company's certificated service 2-17 area. Notwithstanding Sections 52.102 and 52.152, the commission 2-18 has all jurisdiction necessary to enforce this section. 2-19 SECTION 2. This Act takes effect September 1, 1999. 2-20 SECTION 3. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.