Amend CSHB 789 as follows:
(1) On page 66, lines 8-25, strike SECTIONS 85 and 86 of the
bill and renumber subsequent SECTIONS accordingly.
(2) Add the following appropriately numbered SECTIONS to
read as follows and renumber subsequent SECTIONS accordingly:
SECTION . Section 57.045, Utilities Code, is amended to
read as follows:
Sec. 57.045. POWERS AND DUTIES OF COMMISSION [BOARD]. (a) The
commission [board] shall administer the fund and the two accounts
in the fund.
(b) The commission [board] shall prepare an annual report
that:
(1) details the revenues deposited to the credit of the
fund, including each account; and
(2) summarizes the grants and loans made from each
account.
(c) Not later than January 15 of each year, the commission
[board] shall submit the report for the preceding year to the
governor and to each standing committee in the senate and house of
representatives that has jurisdiction over public or higher
education.
(d) The commission [board] may:
(1) enter into contracts with state agencies or private
entities necessary to perform the commission's [board's] duties;
(2) adopt rules as necessary to administer this
subchapter;
(3) [employ personnel reasonably necessary to perform
duties delegated by the board;
[(4)] appoint one or more committees to assist the
commission [board] in performing the commission's [board's] duties;
and
(4) [(5)] accept a gift or grant and use it for the
purposes of this subchapter.
(e) The commission [board] shall establish an assistance
program to provide education concerning the telecommunications
infrastructure fund and to facilitate access to funds and programs
under this subchapter by health care facilities and by physicians
licensed to practice medicine in this state. The assistance program
must include a toll-free telephone number and provide access to
information through the Internet.
(f) A reference in this subchapter or other law to the
Telecommunications Infrastructure Fund Board means the commission.
SECTION . Section 57.051, Utilities Code, is amended to
read as follows:
Sec. 57.051. SUNSET PROVISION. The Telecommunications
Infrastructure Fund [Board] is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, [the board is abolished and] this subchapter
expires September 1, 2013 [2005].
(3) On page 110, lines 18-21, strike Subdivisions (44)-(46)
and substitute the following:
(44) Section 57.042 (2);
(45) Section 57.044;
(46) Sections 57.048 (c) and (d);
(4) On page 111, line 23 through page 112, line 3, strike
SECTION 138 (a) of the bill and substitute the following:
(a) If, on the day before the effective date of this Act, the
assessment prescribed by Section 57.048, Utilities Code, is imposed
at a rate of less than 1.25 percent, the comptroller of public
accounts shall, effective September 1, 2005, reset the rate of the
assessment to 1.25 percent.