78R8504 T

By:  Shapiro                                                      S.B. No. 1852



A BILL TO BE ENTITLED

AN ACT

relating to the authorized review by municipalities of a 
certificated telecommunications provider's business records 
regarding payment of right of way fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 283.056(c)(3), Local Government Code, is 
amended to read as follows:
		(3)  inspection of a provider's business records except 
to the extent necessary to conduct an authorized review of the 
provider to ensure compliance with the access line reporting 
requirements of this chapter if commenced within [90] 120 days 
after the filing of a certificated telecommunications provider's 
verified report of access lines; and
	SECTION 2.  Section 283.056, Local Government Code, is 
amended by the addition of subsection (g), to read as follows:
	(g)  The Commission shall promulgate rules by no later than 
January 1, 2004, to establish uniform procedures for municipalities 
to conduct the authorized reviews of a certificated 
telecommunications business records authorized in subsection (c) 
of this section.  Such rules shall, at a minimum, (1) identify the 
types of records subject to review; (2) establish rules to ensure 
the confidential and proprietary nature of the business records 
while allowing the municipalities full access to same; (3) state 
that conducting of an authorized review shall not be interpreted as 
an administrative remedy that must be exhausted before a 
municipality may initiate other legal action; (4) impose penalties 
for non-compliance with Chapter 283 that is revealed by the review 
or for failure to provide complete records during the review 
process; (5) require a certificated telecommunications provider 
who is shown to be non-compliant with Chapter 283 by the review or 
who fails to provide complete records during the review process to 
pay all costs of the review, plus interest; and, (6) allow the 
Commission to act as mediator of the review if agreed to by the 
parties.