77R10912 JJT-D                           
         By Naishtat                                           H.B. No. 2345
         Substitute the following for H.B. No. 2345:
         By Chavez                                         C.S.H.B. No. 2345
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the specialized telecommunications assistance program.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 56.151, Utilities Code, is amended to read
 1-5     as follows:
 1-6           Sec. 56.151.  SPECIALIZED TELECOMMUNICATIONS ASSISTANCE
 1-7     PROGRAM.  The commission and the Texas Commission for the Deaf and
 1-8     Hard of Hearing by rule shall establish a specialized
 1-9     telecommunications assistance program to provide financial
1-10     assistance to individuals with disabilities that impair the
1-11     individuals' ability to effectively access the telephone network to
1-12     assist [enable] the individuals with the [to] purchase of basic
1-13     specialized equipment or services to provide the individuals with
1-14     telephone network access that is functionally equivalent to that
1-15     enjoyed by individuals without disabilities.  The agencies may
1-16     adopt joint rules that identify devices and services eligible for
1-17     vouchers under the program.
1-18           SECTION 2. Section 56.152, Utilities Code, is amended to read
1-19     as follows:
1-20           Sec. 56.152.  ELIGIBILITY. The Texas Commission for the Deaf
1-21     and Hard of Hearing by rule shall prescribe eligibility standards
1-22     for individuals, including deaf individuals and individuals who
1-23     have an impairment of hearing or speech, to receive an assistance
1-24     voucher under the program.  To be eligible, an individual must be a
 2-1     resident of this state with a disability that impairs the
 2-2     individual's ability to effectively access the telephone network
 2-3     [who has access to a telephone line in the individual's home or
 2-4     place of business].
 2-5           SECTION 3. Sections 56.153(a), (d), (e), and (f), Utilities
 2-6     Code, are amended to read as follows:
 2-7           (a)  The Texas Commission for the Deaf and Hard of Hearing
 2-8     shall determine a reasonable price for a basic specialized
 2-9     telecommunications device that permits, or basic specialized
2-10     services that permit, [to provide] telephone network access [from a
2-11     home or business] and distribute to each eligible applicant a
2-12     voucher that guarantees payment of that amount to a distributor of
2-13     new specialized telecommunications devices described by Section
2-14     56.151 or to a provider of services described by that section.  The
2-15     Texas Commission for the Deaf and Hard of Hearing may issue a
2-16     voucher for a service only if the service is less expensive than a
2-17     device eligible for a voucher under the program to meet the same
2-18     need.
2-19           (d)  An individual who has exchanged a voucher for a
2-20     specialized telecommunications device is not eligible to receive
2-21     another voucher before the fifth [seventh] anniversary of the date
2-22     the individual exchanged the previously issued voucher unless,
2-23     before that date, the recipient develops a need for a different
2-24     type of telecommunications device or service under the program
2-25     because the recipient's disability changes or the recipient
2-26     acquires another disability.
2-27           (e)  Except as provided by rules adopted under this
 3-1     subsection, an [An] individual is not eligible for a voucher if the
 3-2     Texas Commission for the Deaf and Hard of Hearing has issued a
 3-3     voucher for a device or service to another individual with the same
 3-4     type of disability in the individual's household.  The Texas
 3-5     Commission for the Deaf and Hard of Hearing by rule may provide for
 3-6     financially independent individuals who reside in a congregate
 3-7     setting to be eligible for a voucher regardless of whether another
 3-8     individual living in that setting has received a voucher [for a
 3-9     device or service to serve the same telephone line].
3-10           (f)  The Texas Commission for the Deaf and Hard of Hearing
3-11     shall[:]
3-12                 [(1)  process each application for a voucher to]
3-13     determine eligibility of each person who files an application for a
3-14     voucher and issue [the applicant; and]
3-15                 [(2)  give] each eligible applicant an appropriate [a]
3-16     voucher [on payment of a $35 fee].
3-17           SECTION 4. Subchapter E, Chapter 56, Utilities Code, is
3-18     amended by adding Section 56.156 to read as follows:
3-19           Sec. 56.156.  PROMOTION OF PROGRAM. The commission may
3-20     promote the program established under this subchapter by means of
3-21     participation in events, advertisements, pamphlets, brochures,
3-22     forms, pins, or other promotional items or efforts that provide
3-23     contact information for persons interested in applying for a
3-24     voucher under the program.
3-25           SECTION 5. Section 55.203, Utilities Code, is amended by
3-26     adding Subsection (g) to read as follows:
3-27           (g)  The rules adopted under Subsection (d) must provide that
 4-1     a telecommunications utility that publishes and distributes to the
 4-2     public a residential or business telephone directory shall list
 4-3     prominently in the directory the contact information for the
 4-4     specialized telecommunications assistance program established under
 4-5     Subchapter E, Chapter 56.
 4-6           SECTION 6. The Public Utility Commission of Texas shall:
 4-7                 (1)  as soon as is practicable after the effective date
 4-8     of this Act, adopt rules under Subchapter E, Chapter 56, Utilities
 4-9     Code, as amended by this Act, to conform the specialized
4-10     telecommunications assistance program established under that
4-11     subchapter to the changes in law made by this Act; and
4-12                 (2)  adopt rules under Section 55.203(g), Utilities
4-13     Code, as added by this Act, promptly and make them apply to
4-14     directories published on or after January 1, 2002.
4-15           SECTION 7. This Act takes effect September 1, 2001.