79R9612 MTB-F

By:  Goodman                                                      H.B. No. 2637



A BILL TO BE ENTITLED

AN ACT

relating to regulation by the Public Utility Commission of Texas of 
certain technology, including new or emerging technology.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 55, Utilities Code, is 
amended by adding Section 55.0145 to read as follows:
	Sec. 55.0145.  LIMITED REGULATION FOR NEW OR EMERGING 
TECHNOLOGIES.  (a)  The commission may not exercise jurisdiction 
over:
		(1)  advanced services, except as provided by Section 
55.014;        
		(2)  broadband services as defined by the Federal 
Communications Commission; or
		(3)  any service not commercially available on February 
1, 1996.     
	(b)  The commission may not exercise jurisdiction over 
information services, as defined by 47 U.S.C.  Section 153(20), or 
Internet Protocol enabled services, as defined by the Federal 
Communications Commission, except:
		(1)  as reasonably necessary to provide access to 
emergency services, including access to 911 service and enhanced 
911 service; and
		(2)  to determine the rights and obligations of any 
provider concerning the payment of switched network access rates or 
other compensation for the use of another provider's facilities or 
services.
	(c)  The commission may not impose requirements under 
Subsection (b) that exceed the requirements of, or are otherwise 
inconsistent with, federal law, including federal regulations.
	SECTION 2.  Chapter 62, Utilities Code, is repealed.                           
	SECTION 3.  This Act takes effect September 1, 2005.