By:  Nixon                                                        H.B. No. 2776



A BILL TO BE ENTITLED

AN ACT

relating to the provision of voice communications in Texas.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 54.251, Utilities Code, is amended to 
read as follows:   
	Sec. 54.251.  PROVISION OF SERVICE.                                            
	(a)  Except as provided by this section, Section 54.252, 
Section 54.253, and Section 54.254, a telecommunications utility 
that holds a certificate of convenience and necessity or a 
certificate of operating authority shall:
		(1)  offer all basic local telecommunications services 
to each customer in the utility's certificated area; and
		(2)  provide continuous and adequate service in that 
area.                  
	(b)  Except as specifically determined otherwise by the 
commission under this subchapter or Subchapter G, the holder of a 
certificate of convenience and necessity for an area has the 
obligations of a provider of last resort regardless of whether 
another provider has a certificate of operating authority or 
service provider certificate of operating authority for that area.  
Notwithstanding any other provision in this title, the provider of 
last resort obligation may be met using any technology available.
	SECTION 2.  This Act takes effect September 1, 2005.