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.