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A BILL TO BE ENTITLED
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AN ACT
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relating to grants for community-based telephone voice-mail |
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services for individuals in crisis or in transition and to the rate |
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and uses of the universal service fund fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 56.021, Utilities Code, is amended to |
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read as follows: |
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Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The |
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commission shall adopt and enforce rules requiring local exchange |
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companies to establish a universal service fund to: |
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(1) assist telecommunications providers in providing |
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basic local telecommunications service at reasonable rates in high |
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cost rural areas; |
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(2) reimburse the telecommunications carrier that |
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provides the statewide telecommunications relay access service |
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under Subchapter D; |
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(3) finance the specialized telecommunications |
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assistance program established under Subchapter E; |
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(4) reimburse the department, the Texas Commission for |
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the Deaf and Hard of Hearing, and the commission for costs incurred |
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in implementing this chapter and Chapter 57; |
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(5) reimburse a telecommunications carrier providing |
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lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as |
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amended; |
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(6) finance the implementation and administration of |
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an integrated eligibility process created under Section 17.007 for |
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customer service discounts relating to telecommunications |
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services, including outreach expenses the commission determines |
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are reasonable and necessary; |
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(7) reimburse a designated provider under Subchapter |
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F; |
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(8) reimburse a successor utility under Subchapter G; |
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[and] |
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(9) finance the program established under Subchapter |
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H; |
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(10) fund grants under the program established under |
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Subchapter I; and |
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(11) maintain services for all consumers at reasonable |
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costs by assessing a fee that is no more than 3.4 percent of taxable |
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communications receipts. |
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SECTION 2. Section 56.022, Utilities Code, is amended to |
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read as follows: |
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Sec. 56.022. UNIFORM CHARGE. (a) The universal service |
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fund is funded by a statewide uniform charge payable by each |
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telecommunications provider that has access to the customer base. |
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(b) A telecommunications provider shall pay the charge in |
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accordance with procedures approved by the commission. |
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(c) The uniform charge is on services and at rates the |
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commission determines. In establishing the charge and the services |
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to which the charge will apply, the commission may not: |
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(1) grant an unreasonable preference or advantage to a |
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telecommunications provider; |
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(2) assess the charge on pay telephone service; [or] |
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(3) subject a telecommunications provider to |
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unreasonable prejudice or disadvantage; or |
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(4) assess a fee for the purposes of Section 56.021 or |
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Subchapter I of this chapter that is in excess of 3.4 percent of |
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taxable communications receipts. |
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SECTION 3. Chapter 56, Utilities Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. TELEPHONE VOICE-MAIL GRANT PROGRAM |
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Sec. 56.351. TELEPHONE VOICE-MAIL-BOX ASSISTANCE GRANTS. |
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(a) The commission by rule shall establish and implement a |
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commission program to provide from the universal service fund |
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funding for a grant program to assist the service administrators of |
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telephone voice-mail-box services for individuals who are |
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homeless, are in transition, or cannot afford telephone services. |
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The grant program may not fully fund a voice-mail-box service |
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program. To be eligible for a grant under the program, the service |
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administrator must be: |
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(1) a publicly funded nonprofit organization; or |
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(2) an organization exempt from federal income tax |
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under Section 501(a), Internal Revenue Code of 1986, by being |
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listed as exempt under Section 501(c)(3) of that code. |
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(b) Rules adopted under this section must: |
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(1) include accountability measures and provisions |
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for loss of eligibility for failure to comply with the measures; |
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(2) require grant recipients to provide the commission |
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with information on program outcomes; and |
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(3) limit the grant program in accordance with Section |
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56.022(c)(4) of this chapter. |
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SECTION 4. This Act takes effect September 1, 2009. |