AN ACT
1-1 relating to expanding the specialized telecommunications devices
1-2 assistance program and 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. Section 56.021, Utilities Code, is amended to
1-6 read as follows:
1-7 Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
1-8 commission shall adopt and enforce rules requiring local exchange
1-9 companies to establish a universal service fund to:
1-10 (1) assist local exchange companies in providing basic
1-11 local telecommunications service at reasonable rates in high cost
1-12 rural areas;
1-13 (2) reimburse local exchange companies for revenue
1-14 lost by providing tel-assistance service under Subchapter C;
1-15 (3) reimburse the telecommunications carrier that
1-16 provides the statewide telecommunications relay access service
1-17 under Subchapter D;
1-18 (4) finance the specialized telecommunications
1-19 [device] assistance program established under Subchapter E; and
1-20 (5) reimburse the department, the Texas Commission for
1-21 the Deaf and Hard of Hearing, and the commission for costs incurred
1-22 in implementing this chapter and Chapter 57.
1-23 SECTION 2. Subchapter D, Chapter 56, Utilities Code, is
1-24 amended by adding Section 56.1085 to read as follows:
2-1 Sec. 56.1085. SPECIAL FEATURES FOR RELAY ACCESS SERVICE.
2-2 (a) The commission may contract for a special feature for the
2-3 state's telecommunications relay access service if the commission
2-4 determines:
2-5 (1) the feature will benefit the communication of
2-6 persons with an impairment of hearing or speech;
2-7 (2) installation of the feature will be of benefit to
2-8 the state; and
2-9 (3) the feature will make the relay access service
2-10 available to a greater number of users.
2-11 (b) If the carrier selected to provide the
2-12 telecommunications relay access service under Section 56.108 is
2-13 unable to provide the special feature at the best value to the
2-14 state, the commission may make a written award of a contract for a
2-15 carrier to provide the special feature to the telecommunications
2-16 carrier whose proposal is most advantageous to the state,
2-17 considering:
2-18 (1) the factors provided by Section 56.108(b); and
2-19 (2) the past performance, demonstrated capability, and
2-20 experience of the carrier.
2-21 (c) The commission shall consider each proposal in a manner
2-22 that does not disclose the contents of the proposal to a
2-23 telecommunications carrier making a competing proposal.
2-24 (d) The commission's evaluation of a telecommunications
2-25 carrier's proposal shall include the considerations provided by
2-26 Section 56.108(d).
3-1 SECTION 3. Subsection (a), Section 56.109, Utilities Code,
3-2 is amended to read as follows:
3-3 (a) The telecommunications carrier selected to provide the
3-4 telecommunications relay access service under Section 56.108 or the
3-5 carrier selected to provide a special feature for [that provides]
3-6 the telecommunications relay access service under Section 56.1085
3-7 shall be compensated at rates and on terms provided by the
3-8 carrier's contract with the commission.
3-9 SECTION 4. Subsection (a), Section 56.110, Utilities Code,
3-10 is amended to read as follows:
3-11 (a) An advisory committee to assist the commission in
3-12 administering this subchapter is composed of the following persons
3-13 appointed by the commission:
3-14 (1) two persons with disabilities that impair the
3-15 ability to effectively access the telephone network other than
3-16 disabilities described by Subdivisions (2)-(7);
3-17 (2) one deaf person recommended by the Texas Deaf
3-18 Caucus;
3-19 (3) [(2)] one deaf person recommended by the Texas
3-20 Association of the Deaf;
3-21 (4) [(3)] one person with a hearing impairment
3-22 recommended by Self-Help for the Hard of Hearing;
3-23 (5) [(4)] one person with a hearing impairment
3-24 recommended by the American Association of Retired Persons;
3-25 (6) [(5)] one deaf and blind person recommended by the
3-26 Texas Deaf/Blind Association;
4-1 (7) [(6)] one person with a speech impairment and one
4-2 person with a speech and hearing impairment recommended by the
4-3 Coalition of Texans with Disabilities;
4-4 (8) [(7)] two representatives of telecommunications
4-5 utilities, one representing a nonlocal exchange utility and one
4-6 representing a local exchange company, chosen from a list of
4-7 candidates provided by the Texas Telephone Association;
4-8 (9) [(8)] two persons, at least one of whom is deaf,
4-9 with experience in providing relay services recommended by the
4-10 Texas Commission for the Deaf and Hard of Hearing; and
4-11 (10) [(9)] two public members recommended by
4-12 organizations representing consumers of telecommunications
4-13 services.
4-14 SECTION 5. Section 56.111, Utilities Code, is amended to
4-15 read as follows:
4-16 Sec. 56.111. ADVISORY COMMITTEE DUTIES. The advisory
4-17 committee shall:
4-18 (1) monitor the establishment, administration, and
4-19 promotion of the statewide telecommunications relay access service;
4-20 (2) advise the commission in pursuing a service that
4-21 meets the needs of persons with an impairment of hearing or speech
4-22 in communicating with other telecommunications services users; and
4-23 (3) advise the commission and the Texas Commission for
4-24 the Deaf and Hard of Hearing, at the request of either commission,
4-25 regarding any issue related to the specialized telecommunications
4-26 [device] assistance program established under Subchapter E,
5-1 including:
5-2 (A) devices or services suitable to meet the
5-3 needs of persons with disabilities [the hearing-impaired and
5-4 speech-impaired] in communicating with other users of
5-5 telecommunications services; and
5-6 (B) oversight and administration of the program.
5-7 SECTION 6. The heading to Subchapter E, Chapter 56,
5-8 Utilities Code, is amended to read as follows:
5-9 SUBCHAPTER E. SPECIALIZED TELECOMMUNICATIONS [DEVICE]
5-10 ASSISTANCE PROGRAM
5-11 SECTION 7. Sections 56.151 through 56.154, Utilities Code,
5-12 are amended to read as follows:
5-13 Sec. 56.151. SPECIALIZED TELECOMMUNICATIONS [DEVICE]
5-14 ASSISTANCE PROGRAM. The commission and the Texas Commission for
5-15 the Deaf and Hard of Hearing by rule shall establish a specialized
5-16 telecommunications assistance program to provide financial
5-17 assistance to [certain] individuals with disabilities that impair
5-18 the individuals' ability to effectively access the telephone
5-19 network [who are deaf or have an impairment of hearing or speech]
5-20 to enable the individuals to purchase specialized equipment or
5-21 services to provide telephone network access that is functionally
5-22 equivalent to that enjoyed by individuals without disabilities [an
5-23 impairment of hearing or speech]. The agencies may adopt joint
5-24 rules that identify devices and services eligible for vouchers
5-25 under the program.
5-26 Sec. 56.152. ELIGIBILITY. The Texas Commission for the Deaf
6-1 and Hard of Hearing by rule shall prescribe eligibility standards
6-2 for individuals, including deaf individuals and individuals who
6-3 have an impairment of hearing or speech, to receive an assistance
6-4 voucher under the program. To be eligible, an individual must be a
6-5 resident of this state who has access to a telephone line in the
6-6 individual's home or place of business.
6-7 Sec. 56.153. VOUCHERS. (a) The Texas Commission for the
6-8 Deaf and Hard of Hearing shall determine a reasonable price for a
6-9 basic specialized telecommunications device or basic specialized
6-10 services to provide telephone network access from a home or
6-11 business [for the deaf (TDD or TTY)] and distribute to each
6-12 eligible applicant a voucher that guarantees payment of that amount
6-13 to a distributor of new specialized telecommunications devices
6-14 described by Section 56.151 or to a provider of services described
6-15 by that section. The Texas Commission for the Deaf and Hard of
6-16 Hearing may issue a voucher for a service only if the service is
6-17 less expensive than a device eligible for a voucher under the
6-18 program to meet the same need.
6-19 (b) A voucher must have the value printed on its face. The
6-20 individual exchanging a voucher for the purchase of a specialized
6-21 telecommunications device or service is responsible for payment of
6-22 the difference between the voucher's value and the price of the
6-23 device or service.
6-24 (c) The commission and the Texas Commission for the Deaf and
6-25 Hard of Hearing by rule shall provide that a distributor of devices
6-26 or a provider of services will receive not more than the full price
7-1 of the device or service [a specialized telecommunications device]
7-2 if the recipient of a voucher exchanges the voucher for a device or
7-3 service that the distributor or provider sells for less than the
7-4 voucher's value.
7-5 (d) An individual who has exchanged a voucher for a
7-6 specialized telecommunications device is not eligible to receive
7-7 another voucher before the seventh anniversary of the date the
7-8 individual exchanged the previously issued voucher unless, before
7-9 that date, the recipient develops a need for a different type of
7-10 telecommunications device or service under the program because the
7-11 recipient's disability changes or the recipient acquires another
7-12 disability.
7-13 (e) An individual is not eligible for a voucher if the Texas
7-14 Commission for the Deaf and Hard of Hearing has issued a voucher to
7-15 another individual in the individual's household for a device or
7-16 service to serve the same telephone line.
7-17 (f) [(e)] The Texas Commission for the Deaf and Hard of
7-18 Hearing shall:
7-19 (1) process each application for a voucher to
7-20 determine eligibility of the applicant; and
7-21 (2) give each eligible applicant a voucher on payment
7-22 of a $35 fee.
7-23 (g) [(f)] The Texas Commission for the Deaf and Hard of
7-24 Hearing shall maintain a record regarding each individual who
7-25 receives a voucher under the program.
7-26 (h) [(g)] The Texas Commission for the Deaf and Hard of
8-1 Hearing shall deposit money collected under the program to the
8-2 credit of the universal service fund.
8-3 Sec. 56.154. COMMISSION DUTIES. (a) Not later than the
8-4 45th day after the date the commission receives a voucher a
8-5 telecommunications device distributor presents for payment or a
8-6 voucher a telecommunications service provider presents for payment,
8-7 the commission shall pay to the distributor or service provider the
8-8 lesser of the value of a voucher properly exchanged for a
8-9 specialized telecommunications device or service or the full price
8-10 of the device or service for which a voucher recipient exchanges
8-11 the voucher. The payments must be made from the universal service
8-12 fund.
8-13 (b) The commission may investigate whether the presentation
8-14 of a voucher for payment represents a valid transaction for a
8-15 telecommunications device or service under the program. The Texas
8-16 Commission for the Deaf and Hard of Hearing shall cooperate with
8-17 and assist the commission in an investigation under this
8-18 subsection.
8-19 (c) Notwithstanding Section 56.153(a), the commission may:
8-20 (1) delay payment of a voucher to a distributor of
8-21 devices or a service provider if there is a dispute regarding the
8-22 amount or propriety of the payment or whether the device or service
8-23 is appropriate or adequate to meet the needs of the person to whom
8-24 the Texas Commission for the Deaf and Hard of Hearing issued the
8-25 voucher until the dispute is resolved;
8-26 (2) provide that payment of the voucher is conditioned
9-1 on the return of the payment if the device is returned to the
9-2 distributor or if the service is not used by the person to whom the
9-3 voucher was issued; and
9-4 (3) provide an alternative dispute resolution process
9-5 for resolving a dispute regarding a subject described by
9-6 Subdivision (1) or (2).
9-7 SECTION 8. Subsection (a), Section 56.155, Utilities Code,
9-8 is amended to read as follows:
9-9 (a) The commission shall allow a telecommunications utility
9-10 to recover the universal service fund assessment related to the
9-11 specialized telecommunications [device] assistance program through
9-12 a surcharge added to the utility's customers' bills.
9-13 SECTION 9. (a) In accordance with Subsection (c), Section
9-14 311.031, Government Code, which gives effect to a substantive
9-15 amendment enacted by the same legislature that codifies the
9-16 amended statute, the text of Section 56.021, Subsection (a),
9-17 Section 56.110, Sections 56.111, 56.151, 56.152, 56.153, and
9-18 56.154, and Subsection (a), Section 56.155, Utilities Code, as set
9-19 out in Sections 1, 4, 5, 6, 7, and 8 of this Act, gives effect to
9-20 changes made by Chapter 149, Acts of the 75th Legislature,
9-21 Regular Session, 1997.
9-22 (b) To the extent of any conflict, this Act prevails over
9-23 another Act of the 76th Legislature, Regular Session, 1999,
9-24 relating to nonsubstantive additions to and corrections in enacted
9-25 codes.
9-26 SECTION 10. This Act takes effect September 1, 1999.
10-1 SECTION 11. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1441 passed the Senate on
April 23, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1441 passed the House, with
amendment, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor