76R14673 JJT-D
By Barrientos S.B. No. 1441
Substitute the following for S.B. No. 1441:
By Naishtat C.S.S.B. No. 1441
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expanding the specialized telecommunications devices
1-3 assistance program and contracts for special features of the
1-4 telecommunications relay access service.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 56.021, Utilities Code, is amended to
1-7 read as follows:
1-8 Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
1-9 commission shall adopt and enforce rules requiring local exchange
1-10 companies to establish a universal service fund to:
1-11 (1) assist local exchange companies in providing basic
1-12 local telecommunications service at reasonable rates in high cost
1-13 rural areas;
1-14 (2) reimburse local exchange companies for revenue
1-15 lost by providing tel-assistance service under Subchapter C;
1-16 (3) reimburse the telecommunications carrier that
1-17 provides the statewide telecommunications relay access service
1-18 under Subchapter D;
1-19 (4) finance the specialized telecommunications
1-20 [device] assistance program established under Subchapter E; and
1-21 (5) reimburse the department, the Texas Commission for
1-22 the Deaf and Hard of Hearing, and the commission for costs incurred
1-23 in implementing this chapter and Chapter 57.
2-1 SECTION 2. Subchapter D, Chapter 56, Utilities Code, is
2-2 amended by adding Section 56.1085 to read as follows:
2-3 Sec. 56.1085. SPECIAL FEATURES FOR RELAY ACCESS SERVICE.
2-4 (a) The commission may contract for a special feature for the
2-5 state's telecommunications relay access service if the commission
2-6 determines:
2-7 (1) the feature will benefit the communication of
2-8 persons with an impairment of hearing or speech;
2-9 (2) installation of the feature will be of benefit to
2-10 the state; and
2-11 (3) the feature will make the relay access service
2-12 available to a greater number of users.
2-13 (b) If the carrier selected to provide the
2-14 telecommunications relay access service under Section 56.108 is
2-15 unable to provide the special feature at the best value to the
2-16 state, the commission may make a written award of a contract for a
2-17 carrier to provide the special feature to the telecommunications
2-18 carrier whose proposal is most advantageous to the state,
2-19 considering:
2-20 (1) the factors provided by Section 56.108(b); and
2-21 (2) the past performance, demonstrated capability, and
2-22 experience of the carrier.
2-23 (c) The commission shall consider each proposal in a manner
2-24 that does not disclose the contents of the proposal to a
2-25 telecommunications carrier making a competing proposal.
2-26 (d) The commission's evaluation of a telecommunications
2-27 carrier's proposal shall include the considerations provided by
3-1 Section 56.108(d).
3-2 SECTION 3. Section 56.109(a), Utilities Code, is amended to
3-3 read as follows:
3-4 (a) The telecommunications carrier selected to provide the
3-5 telecommunications relay access service under Section 56.108 or the
3-6 carrier selected to provide a special feature for [that provides]
3-7 the telecommunications relay access service under Section 56.1085
3-8 shall be compensated at rates and on terms provided by the
3-9 carrier's contract with the commission.
3-10 SECTION 4. Subsection (a), Section 56.110, Utilities Code,
3-11 is amended to read as follows:
3-12 (a) An advisory committee to assist the commission in
3-13 administering this subchapter is composed of the following persons
3-14 appointed by the commission:
3-15 (1) two persons with disabilities that impair the
3-16 ability to effectively access the telephone network other than
3-17 disabilities described by Subdivisions (2)-(7);
3-18 (2) one deaf person recommended by the Texas Deaf
3-19 Caucus;
3-20 (3) [(2)] one deaf person recommended by the Texas
3-21 Association of the Deaf;
3-22 (4) [(3)] one person with a hearing impairment
3-23 recommended by Self-Help for the Hard of Hearing;
3-24 (5) [(4)] one person with a hearing impairment
3-25 recommended by the American Association of Retired Persons;
3-26 (6) [(5)] one deaf and blind person recommended by the
3-27 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,
4-27 including:
5-1 (A) devices or services suitable to meet the
5-2 needs of persons with disabilities [the hearing-impaired and
5-3 speech-impaired] in communicating with other users of
5-4 telecommunications services; and
5-5 (B) oversight and administration of the program.
5-6 SECTION 6. The heading to Subchapter E, Chapter 56,
5-7 Utilities Code, is amended to read as follows:
5-8 SUBCHAPTER E. SPECIALIZED TELECOMMUNICATIONS [DEVICE]
5-9 ASSISTANCE PROGRAM
5-10 SECTION 7. Sections 56.151 through 56.154, Utilities Code,
5-11 are amended to read as follows:
5-12 Sec. 56.151. SPECIALIZED TELECOMMUNICATIONS [DEVICE]
5-13 ASSISTANCE PROGRAM. The commission and the Texas Commission for
5-14 the Deaf and Hard of Hearing by rule shall establish a specialized
5-15 telecommunications assistance program to provide financial
5-16 assistance to [certain] individuals with disabilities that impair
5-17 the individuals' ability to effectively access the telephone
5-18 network [who are deaf or have an impairment of hearing or speech]
5-19 to enable the individuals to purchase specialized equipment or
5-20 services to provide telephone network access that is functionally
5-21 equivalent to that enjoyed by individuals without disabilities [an
5-22 impairment of hearing or speech]. The agencies may adopt joint
5-23 rules that identify devices and services eligible for vouchers
5-24 under the program.
5-25 Sec. 56.152. ELIGIBILITY. The Texas Commission for the Deaf
5-26 and Hard of Hearing by rule shall prescribe eligibility standards
5-27 for individuals, including deaf individuals and individuals who
6-1 have an impairment of hearing or speech, to receive an assistance
6-2 voucher under the program. To be eligible, an individual must be a
6-3 resident of this state who has access to a telephone line in the
6-4 individual's home or place of business.
6-5 Sec. 56.153. VOUCHERS. (a) The Texas Commission for the
6-6 Deaf and Hard of Hearing shall determine a reasonable price for a
6-7 basic specialized telecommunications device or basic specialized
6-8 services to provide telephone network access from a home or
6-9 business [for the deaf (TDD or TTY)] and distribute to each
6-10 eligible applicant a voucher that guarantees payment of that amount
6-11 to a distributor of new specialized telecommunications devices
6-12 described by Section 56.151 or to a provider of services described
6-13 by that section. The Texas Commission for the Deaf and Hard of
6-14 Hearing may issue a voucher for a service only if the service is
6-15 less expensive than a device eligible for a voucher under the
6-16 program to meet the same need.
6-17 (b) A voucher must have the value printed on its face. The
6-18 individual exchanging a voucher for the purchase of a specialized
6-19 telecommunications device or service is responsible for payment of
6-20 the difference between the voucher's value and the price of the
6-21 device or service.
6-22 (c) The commission and the Texas Commission for the Deaf and
6-23 Hard of Hearing by rule shall provide that a distributor of devices
6-24 or a provider of services will receive not more than the full price
6-25 of the device or service [a specialized telecommunications device]
6-26 if the recipient of a voucher exchanges the voucher for a device or
6-27 service that the distributor or provider sells for less than the
7-1 voucher's value.
7-2 (d) An individual who has exchanged a voucher for a
7-3 specialized telecommunications device is not eligible to receive
7-4 another voucher before the seventh anniversary of the date the
7-5 individual exchanged the previously issued voucher unless, before
7-6 that date, the recipient develops a need for a different type of
7-7 telecommunications device or service under the program because the
7-8 recipient's disability changes or the recipient acquires another
7-9 disability.
7-10 (e) An individual is not eligible for a voucher if the Texas
7-11 Commission for the Deaf and Hard of Hearing has issued a voucher to
7-12 another individual in the individual's household for a device or
7-13 service to serve the same telephone line.
7-14 (f) [(e)] The Texas Commission for the Deaf and Hard of
7-15 Hearing shall:
7-16 (1) process each application for a voucher to
7-17 determine eligibility of the applicant; and
7-18 (2) give each eligible applicant a voucher on payment
7-19 of a $35 fee.
7-20 (g) [(f)] The Texas Commission for the Deaf and Hard of
7-21 Hearing shall maintain a record regarding each individual who
7-22 receives a voucher under the program.
7-23 (h) [(g)] The Texas Commission for the Deaf and Hard of
7-24 Hearing shall deposit money collected under the program to the
7-25 credit of the universal service fund.
7-26 Sec. 56.154. COMMISSION DUTIES. (a) Not later than the
7-27 45th day after the date the commission receives a voucher a
8-1 telecommunications device distributor presents for payment or a
8-2 voucher a telecommunications service provider presents for payment,
8-3 the commission shall pay to the distributor or service provider the
8-4 lesser of the value of a voucher properly exchanged for a
8-5 specialized telecommunications device or service or the full price
8-6 of the device or service for which a voucher recipient exchanges
8-7 the voucher. The payments must be made from the universal service
8-8 fund.
8-9 (b) The commission may investigate whether the presentation
8-10 of a voucher for payment represents a valid transaction for a
8-11 telecommunications device or service under the program. The Texas
8-12 Commission for the Deaf and Hard of Hearing shall cooperate with
8-13 and assist the commission in an investigation under this
8-14 subsection.
8-15 (c) Notwithstanding Section 56.153(a), the commission may:
8-16 (1) delay payment of a voucher to a distributor of
8-17 devices or a service provider if there is a dispute regarding the
8-18 amount or propriety of the payment or whether the device or service
8-19 is appropriate or adequate to meet the needs of the person to whom
8-20 the Texas Commission for the Deaf and Hard of Hearing issued the
8-21 voucher until the dispute is resolved;
8-22 (2) provide that payment of the voucher is conditioned
8-23 on the return of the payment if the device is returned to the
8-24 distributor or if the service is not used by the person to whom the
8-25 voucher was issued; and
8-26 (3) provide an alternative dispute resolution process
8-27 for resolving a dispute regarding a subject described by
9-1 Subdivision (1) or (2).
9-2 SECTION 8. Subsection (a), Section 56.155, Utilities Code,
9-3 is amended to read as follows:
9-4 (a) The commission shall allow a telecommunications utility
9-5 to recover the universal service fund assessment related to the
9-6 specialized telecommunications [device] assistance program through
9-7 a surcharge added to the utility's customers' bills.
9-8 SECTION 9. (a) In accordance with Subsection (c), Section
9-9 311.031, Government Code, which gives effect to a substantive
9-10 amendment enacted by the same legislature that codifies the
9-11 amended statute, the text of Section 56.021, Subsection (a),
9-12 Section 56.110, Sections 56.111, 56.151, 56.152, 56.153, and
9-13 56.154, and Subsection (a), Section 56.155, Utilities Code, as set
9-14 out in Sections 1, 4, 5, 6, 7, and 8 of this Act, gives effect to
9-15 changes made by Chapter 149, Acts of the 75th Legislature,
9-16 Regular Session, 1997.
9-17 (b) To the extent of any conflict, this Act prevails over
9-18 another Act of the 76th Legislature, Regular Session, 1999,
9-19 relating to nonsubstantive additions to and corrections in enacted
9-20 codes.
9-21 SECTION 10. This Act takes effect September 1, 1999.
9-22 SECTION 11. The importance of this legislation and the
9-23 crowded condition of the calendars in both houses create an
9-24 emergency and an imperative public necessity that the
9-25 constitutional rule requiring bills to be read on three several
9-26 days in each house be suspended, and this rule is hereby suspended.