1-1 By: Danburg (Senate Sponsor - Van de Putte) H.B. No. 2156
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain utility customer discounts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter A, Chapter 17, Utilities Code, is
1-11 amended by adding Section 17.007 to read as follows:
1-12 Sec. 17.007. ELIGIBILITY PROCESS FOR CUSTOMER SERVICE
1-13 DISCOUNTS. The commission by rule shall provide for an integrated
1-14 eligibility process for customer service discounts, including
1-15 discounts under Sections 39.903 and 55.015.
1-16 SECTION 2. Section 56.021, Utilities Code, is amended to read
1-17 as follows:
1-18 Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
1-19 commission shall adopt and enforce rules requiring local exchange
1-20 companies to establish a universal service fund to:
1-21 (1) assist telecommunications providers in providing
1-22 basic local telecommunications service at reasonable rates in high
1-23 cost rural areas;
1-24 (2) [reimburse telecommunications providers for
1-25 revenue lost by providing tel-assistance service under Subchapter
1-26 C;]
1-27 [(3)] reimburse the telecommunications carrier that
1-28 provides the statewide telecommunications relay access service
1-29 under Subchapter D;
1-30 (3) [(4)] finance the specialized telecommunications
1-31 assistance program established under Subchapter E;
1-32 (4) [(5)] reimburse the department, the Texas
1-33 Commission for the Deaf and Hard of Hearing, and the commission for
1-34 costs incurred in implementing this chapter and Chapter 57; [and]
1-35 (5) [(6)] reimburse a telecommunications carrier
1-36 providing lifeline service as provided by 47 C.F.R. Part 54,
1-37 Subpart E, as amended; and
1-38 (6) finance the implementation and administration of
1-39 an integrated eligibility process created under Section 17.007 for
1-40 customer service discounts relating to telecommunications services,
1-41 including outreach expenses the commission determines are
1-42 reasonable and necessary.
1-43 SECTION 3. Section 39.903(e), Utilities Code, is amended to
1-44 read as follows:
1-45 (e) The system benefit fund shall provide funding solely for
1-46 the following regulatory purposes:
1-47 (1) programs to assist low-income electric customers
1-48 provided by Subsections (f)-(l);
1-49 (2) customer education programs; [and]
1-50 (3) the school funding loss mechanism provided by
1-51 Section 39.901; and
1-52 (4) reimbursement to the commission and the Texas
1-53 Department of Human Services for expenses incurred in the
1-54 implementation and administration of an integrated eligibility
1-55 process created under Section 17.007 for customer service discounts
1-56 relating to retail electric service, including outreach expenses
1-57 the commission determines are reasonable and necessary.
1-58 SECTION 4. (a) Subchapter C, Chapter 56, Utilities Code, is
1-59 repealed.
1-60 (b) The tel-assistance service program under Subchapter C,
1-61 Chapter 56, Utilities Code, is discontinued. On September 1, 2001:
1-62 (1) all funds, employees, and resources of the Public
1-63 Utility Commission of Texas and the Texas Department of Human
1-64 Services dedicated to the tel-assistance service program become
2-1 funds, employees, and resources dedicated to the lifeline service
2-2 program under Section 55.015, Utilities Code; and
2-3 (2) all persons receiving benefits under the
2-4 tel-assistance service program shall be automatically enrolled in
2-5 the lifeline service program.
2-6 SECTION 5. If a person receiving benefits under the
2-7 tel-assistance service program immediately before the effective
2-8 date of this Act receives a greater benefit under the
2-9 tel-assistance service program than the person will receive under
2-10 the lifeline service program, the telecommunications provider shall
2-11 continue the higher benefit and may be reimbursed for the higher
2-12 benefit from the universal service fund. The provider must continue
2-13 to provide that service until the person discontinues basic local
2-14 service in the exchange in which the person is receiving service.
2-15 SECTION 6. This Act takes effect September 1, 2001.
2-16 * * * * *