|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the elimination, temporary suspension, and lawful uses |
|
of certain state fees and taxes. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 39.903, Utility Code, is amended by |
|
amending Subsections (a), (b), and (e) and by adding Subsection (m) |
|
to read as follows: |
|
Sec. 39.903. SYSTEM BENEFIT FUND. (a) The system benefit |
|
fund is an account in the general revenue fund. Money in the account |
|
may be appropriated only for the purposes provided by this section |
|
[or other law]. Interest earned on the system benefit fund shall be |
|
credited to the fund. Section 403.095, Government Code, does not |
|
apply to the system benefit fund. |
|
(b) Except as provided by Subsection (m), the [The] system |
|
benefit fund is financed by a nonbypassable fee set by the |
|
commission in an amount not to exceed 65 cents per megawatt hour. |
|
The system benefit fund is allocated to customers based on the |
|
amount of kilowatt hours used. |
|
(e) Money in the system benefit fund may be appropriated to |
|
provide funding solely for the following regulatory purposes, in |
|
the following order of priority: |
|
(1) programs to: |
|
(A) assist low-income electric customers by |
|
providing the 10-20 percent reduced rate prescribed by Subsection |
|
(h); and |
|
(B) provide one-time bill payment assistance to |
|
electric customers who have been threatened with disconnection for |
|
nonpayment and: |
|
(i) met the criteria for receiving a |
|
reduced rate but did not receive any assistance in the prior fiscal |
|
year or |
|
(ii) are or who have in their households one |
|
or more seriously ill or disabled low-income persons [and who have
|
|
been threatened with disconnection for non-payment]; |
|
(2) customer education programs, administrative |
|
expenses incurred by the commission in implementing and |
|
administering this chapter, and expenses incurred by the office |
|
under this chapter; |
|
(3) programs to assist low-income electric customers |
|
by providing the targeted energy efficiency programs described by |
|
Subsection (f)(2); |
|
(4) programs to assist low-income electric customers |
|
by providing the 20% reduced rate prescribed by Subsection (h); and |
|
(5) reimbursement to the commission and the Health and |
|
Human Services Commission for expenses incurred in the |
|
implementation and administration of an integrated eligibility |
|
process created under Section 17.007 for customer service discounts |
|
relating to retail electric service, including outreach expenses |
|
the commission determines are reasonable and necessary. |
|
(m) The fee prescribed by Subsection (b) is suspended during |
|
any fiscal year for which the amount of money in the fund, including |
|
balances from a prior fiscal year, exceeds the amount appropriated |
|
for that fiscal year. The commission by rule shall adopt procedures |
|
for implementing this section. |
|
SECTION 2. Section 771.071 Health and Safety Code, is |
|
amended by adding Subsection (g) to read as follows: |
|
(g) The fee prescribed under this Section is suspended |
|
during any fiscal year for which the amount of money in the fund, |
|
including balances from a prior fiscal year, exceeds the amount |
|
appropriated for that fiscal year. The commission by rule shall |
|
adopt procedures for implementing this section. |
|
SECTION 3. Section 771.0711, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsection (k) to |
|
read as follows: |
|
Sec. 771.0711. EMERGENCY SERVICE FEE FOR WIRELESS |
|
TELECOMMUNICATIONS CONNECTIONS. (a) Except as provided by |
|
Subsection (k), to [To] provide for automatic number identification |
|
and automatic location identification of wireless 9-1-1 calls, the |
|
commission shall impose on each wireless telecommunications |
|
connection a 9-1-1 emergency service fee. A political subdivision |
|
may not impose another fee on a wireless service provider or |
|
subscriber for 9-1-1 emergency service. |
|
(k) The fee prescribed under Subsection (a) is suspended |
|
during any fiscal year for which the amount of money in the fund, |
|
including balances from a prior fiscal year, exceeds the amount |
|
appropriated for that fiscal year. The commission by rule shall |
|
adopt procedures for implementing this section. |
|
SECTION 4. Section 771.072, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsection (h) to |
|
read as follows: |
|
Sec. 771.072. EQUALIZATION SURCHARGE. (a) Except as |
|
provided by Subsection (h), in [In] addition to the fee imposed |
|
under Section 771.071, the commission shall impose a 9-1-1 |
|
equalization surcharge on each customer receiving intrastate |
|
long-distance service, including customers in an area served by an |
|
emergency communication district, even it the district is not |
|
participating in the regional plan. |
|
(h) The fee prescribed under Subsection (a) is suspended |
|
during any fiscal year for which the amount of money in the fund, |
|
including balances from a prior fiscal year, exceeds the amount |
|
appropriated for that fiscal year. The commission by rule shall |
|
adopt procedures for implementing this section. |
|
SECTION 5. Subchapter C (Telecommunications Infrastructure |
|
Fund), Chapter 57, Utilities Code, is repealed. |
|
SECTION 6. This Act takes effect on September 1, 2007. |