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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for certain small local exchange |
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companies to propose to offer certain services or to make a minor |
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change in a rate or tariff. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.301, Utilities Code, is amended to |
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read as follows: |
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Sec. 53.301. DEFINITION. (a) In this subchapter, "minor |
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change" means a change, including the restructuring of rates of |
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existing services, that: |
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(1) decreases the rates or revenues of an incumbent |
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local exchange company; or |
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(2) together with any other rate change [or proposed] |
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or approved tariff changes in the 12 months preceding the effective |
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date of the proposed change, increases the company's total |
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regulated intrastate gross annual revenues by not more than five |
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percent. |
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(b) With regard to a change to a basic local access line |
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rate, a "minor change" does not include a change that, together with |
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any other change to the basic local access line rate that took |
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effect during the 12 months preceding the effective date of the |
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proposed change, results in an increase of more than 50 [10] |
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percent. |
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SECTION 2. Section 53.304, Utilities Code, is amended to |
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read as follows: |
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Sec. 53.304. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE |
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MINOR CHANGES. (a) An incumbent local exchange company may offer |
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an extended local calling service, a packaged service, or a new or |
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promotional service on an optional basis or make a minor change in |
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its rates or tariffs if the company: |
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(1) is a cooperative corporation or has, together with |
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all affiliated incumbent local exchange companies, fewer than |
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31,000 access lines in service in this state; |
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(2) files with the commission and the office notice [a
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statement of intent], as prescribed by Subsection (b), not later |
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than the 10th [91st] day before the effective date of the proposed |
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change; |
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(3) provides notice as prescribed by Section 53.305; |
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and |
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(4) files with the commission affidavits verifying |
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that notice as prescribed by Section 53.305 was provided. |
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(b) The notice [statement of intent] must include: |
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(1) a copy of a resolution adopted by the incumbent |
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local exchange company's board of directors approving the proposed |
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change; |
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(2) a description of the services affected by the |
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proposed change; |
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(3) a copy of the proposed tariff for the affected |
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service; |
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(4) a copy of the customer notice required by |
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Subsection (a)(3); |
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(5) the number of access lines the company and each |
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affiliate have in service in this state; and |
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(6) the amount by which the company's total regulated |
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intrastate gross annual revenues will increase or decrease as a |
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result of the proposed change. |
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SECTION 3. Section 53.305(b), Utilities Code, is amended to |
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read as follows: |
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(b) Notice must: |
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(1) be provided not later than the 10th [61st] day |
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before the effective date of the proposed change; and |
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(2) include: |
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(A) a description of the services affected by the |
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proposed change; |
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(B) the effective date of the proposed change; |
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(C) an explanation of the customer's right to |
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petition the commission for a review under Section 53.306, |
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including the number of persons required to petition before a |
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commission review will occur; |
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(D) an explanation of the customer's right to |
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information concerning how to obtain a copy of the proposed tariff |
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from the company; |
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(E) the amount by which the company's total |
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regulated intrastate gross annual revenues will increase or |
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decrease as a result of the proposed change; and |
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(F) a list of rates that are affected by the |
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proposed rate change. |
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SECTION 4. This Act applies only to a proposal to offer a |
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service or to change a rate or tariff notice of which is filed on or |
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after the effective date of this Act. A proposal to offer a service |
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or to change a rate or tariff for which a statement of intent is |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the statement was filed, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |