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79R1943 MTB-D

By:  Barrientos                                                   S.B. No. 1789



A BILL TO BE ENTITLED

AN ACT

relating to the funding of a telephone service for blind and 
visually impaired persons that provides the text of newspapers 
using synthetic speech.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 56.021, Utilities Code, is amended to 
read as follows:   
	Sec. 56.021.  UNIVERSAL SERVICE FUND ESTABLISHED.  The 
commission shall adopt and enforce rules requiring local exchange 
companies to establish a universal service fund to:
		(1)  assist telecommunications providers in providing 
basic local telecommunications service at reasonable rates in high 
cost rural areas;
		(2)  reimburse the telecommunications carrier that 
provides the statewide telecommunications relay access service 
under Subchapter D;
		(3)  finance the specialized telecommunications 
assistance program established under Subchapter E;
		(4)  reimburse the department, the Texas Commission for 
the Deaf and Hard of Hearing, and the commission for costs incurred 
in implementing this chapter and Chapter 57;
		(5)  reimburse a telecommunications carrier providing 
lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as 
amended;
		(6)  finance the implementation and administration of 
an integrated eligibility process created under Section 17.007 for 
customer service discounts relating to telecommunications 
services, including outreach expenses the commission determines 
are reasonable and necessary;
		(7)  reimburse a designated provider under Subchapter 
F;  [and]
		(8)  reimburse a successor utility under Subchapter G; 
and           
		(9)  finance the program established under Subchapter 
H.             
	SECTION 2.  Chapter 56, Utilities Code, is amended by adding 
Subchapter H to read as follows:

SUBCHAPTER H.  AUDIO NEWSPAPER PROGRAM
	Sec. 56.301.  AUDIO NEWSPAPER ASSISTANCE PROGRAM.  The 
commission by rule shall establish a program to provide from the 
universal service fund financial assistance to a state sponsor of a 
free telephone service for blind and visually impaired persons that 
provides the text of newspapers using synthetic speech.  The amount 
of the support may not exceed the amount necessary to become a 
sponsor or maintain sponsorship.  The commission may adopt rules to 
implement the program.
	Sec. 56.302.  ELIGIBILITY.  The commission by rule shall 
prescribe eligibility standards for a state sponsor of a service 
described by Section 56.301 to receive assistance under the 
program.
	Sec. 56.303.  RECOVERY OF SURCHARGE.  (a)  The commission 
shall allow a telecommunications utility to recover the universal 
service fund assessment related to the program described by Section 
56.301 through a surcharge added to the utility's customers' bills.
	(b)  The commission shall specify how each utility must 
determine the amount of the surcharge and by rule shall prohibit a 
utility from recovering an aggregation of more than 12 months of 
assessments in a single surcharge.  The rules must require a utility 
to apply for approval of a surcharge before the 91st day after the 
date the period during which the aggregated surcharges were 
assessed closes.
	(c)  If a utility chooses to impose the surcharge, the 
utility shall include the surcharge in the "universal service fund 
surcharge" listing as provided by Section 56.107.
	SECTION 3.  This Act takes effect September 1, 2005.