SRC-TAG, MSY S.B. 555 78(R)                         BILL ANALYSIS


Senate Research CenterS.B. 555
By: Shapleigh
State Affairs
3/19/2003
Committee Report (Amended)

DIGEST AND PURPOSE 

Current law governing the operation of the Telecommunications Planning and
Oversight Council (TPOC) contains a number of provisions that may be
inefficient or may conflict with other provisions. S.B.  555 repeals the
provision authorizing TPOC to negotiate rates and execute contracts with
telecommunications service providers for services, eliminating the
conflict with the Department of Information Resources' identical
authority.  The bill provides for a TPOC  representative from the Texas
Health and Human Services Commission, and staggers TPOC members' terms to
create continuity of membership. In addition, the bill makes TPOC members
immune from civil liability in regards to unintentional act or omission.
Finally, S.B. 555 extends the deadline for submission of TPOC's annual
report in order to provide sufficient time for accurate reporting of
financial information. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 2054.201(a) and (b), Government Code, as
follows: 

(a)  Adds a representative of the Health and Human Services Commission
(HHSC), appointed by the commissioner of health and human services, to the
list of members of the telecommunications planning and oversight council
(TPOC).  Makes conforming changes. 

(b)  Amends the terms of appointed TPOC members to provide that appointed
members serve staggered two-year terms, with the terms of four or five
members expiring August 31 of each year, with certain exceptions.  Creates
Subdivisions (1) and (2) from existing text providing exceptions, and adds
Subdivision (3) to provide the exception that the HHSC representative
serves at the discretion of the commissioner of health and human services.
Makes conforming changes. 

SECTION 2.  Amends Section 2054.206, Government Code, to require TPOC to
submit an annual report to certain entities by November 1 of each year.
Makes nonsubstantive changes. 

SECTION 3.  Amends Chapter 2054H, Government Code, by adding Section
2054.2025, as follows: 

Sec.  2054.2025.  LIMITATION OF LIABILITY.  Provides that a member of the
telecommunications planning and oversight council is immune from civil
liability for damages resulting from an act or omission in the performance
of the member's functions unless the act or omission of the member was
intentional, willfully or wantonly negligent or done with conscious
indifference or reckless disregard for the safety of others. 

SECTION 4.  Repealer: Section 2054.205(c), granting TPOC the authority to
negotiate rates and execute contracts with telecommunication service
providers for services. 

 SECTION 5.  Requires certain officials to appoint members to TPOC for
certain terms when the terms of TPOC's existing members first expire after
this Act's effective date.  Requires the commissioner of health and human
services to appoint a representative to TPOC promptly after the effective
date of this Act. 

SECTION 6.  Effective date:  upon passage or September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Committee Amendment NO. 1: 

Amend SB 555 by striking SECTION 4 and renumbering the subsequent SECTIONS
appropriately.  
 
Amend SB 555, SECTION 3, by striking new Section 2054.2025 and replacing
it with the following new Section 2054.2052 to read as follows:  

Section 2054.2052.  LIMITATION ON LIABILITY.  "A member of the
telecommunications planning and oversight council is immune from civil
liability for damages resulting from an act or omission in the performance
of the member's functions unless the act or omission of the member was
intentional, willfully or wantonly negligent, or done with conscious
indifference or reckless disregard for the safety of others."