82R19438 RWG-D
 
  By: Gallego, Chisum, Gonzales of Hidalgo, H.B. No. 2765
      Strama, Munoz, Jr.
 
  Substitute the following for H.B. No. 2765:
 
  By:  Cook C.S.H.B. No. 2765
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the update of discounted telecommunication services
  provided to educational institutions, libraries, hospitals, and
  health centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.252, Utilities Code, is amended by
  adding Subdivision (1-a) to read as follows:
               (1-a)  "Health center" means a federally qualified
  health center service delivery site.
         SECTION 2.  Section 58.253(a), Utilities Code, is amended to
  read as follows:
         (a)  On customer request, an electing company shall provide
  private network services to:
               (1)  an educational institution;
               (2)  a library as defined in Section 57.021;
               (3)  a nonprofit telemedicine center;
               (4)  a public or not-for-profit hospital; [or]
               (5)  a legally constituted consortium or group of
  entities listed in this subsection; or
               (6)  a nonprofit health center.
         SECTION 3.  Section 58.255(b), Utilities Code, is amended to
  read as follows:
         (b)  An electing company shall offer private network service
  contracts under this subchapter at 110 [105] percent of the long run
  incremental cost of providing the private network service,
  including installation.
         SECTION 4.  Section 58.258(a), Utilities Code, is amended to
  read as follows:
         (a)  Notwithstanding the pricing flexibility authorized by
  this subtitle, an electing company's rates for private network
  services may not be increased before January 1, 2016
  [2012].  However, an electing company may increase a rate in
  accordance with the provisions of a customer specific contract.
         SECTION 5.  Section 58.259(b), Utilities Code, is amended to
  read as follows:
         (b)  The tariff rate may not be:
               (1)  distance sensitive; or
               (2)  higher than 110 [105] percent of the service's
  statewide average long run incremental cost, including
  installation.
         SECTION 6.  Section 58.260(c), Utilities Code, is amended to
  read as follows:
         (c)  The rate for the service may not be higher than 110 [105]
  percent of the service's long run incremental cost, including
  installation.
         SECTION 7.  Section 58.261(b), Utilities Code, is amended to
  read as follows:
         (b)  The rate for the service may not be higher than 110 [105]
  percent of the service's long run incremental cost, including
  installation.
         SECTION 8.  Section 58.268, Utilities Code, is amended to
  read as follows:
         Sec. 58.268.  CONTINUATION OF OBLIGATION. Notwithstanding
  any other provision of this title, an electing company shall
  continue to comply with this subchapter until January 1, 2016
  [2012], regardless of:
               (1)  the date the company elected under this chapter;
  or
               (2)  any action taken in relation to that company under
  Chapter 65.
         SECTION 9.  Section 59.077(a), Utilities Code, is amended to
  read as follows:
         (a)  Notwithstanding the pricing flexibility authorized by
  this subtitle, an electing company's rates for private network
  services may not be increased before January 1, 2016 [2012].
         SECTION 10.  Section 59.083, Utilities Code, is amended to
  read as follows:
         Sec. 59.083.  CONTINUATION OF OBLIGATION. Notwithstanding
  any other provision of this title, an electing company shall
  continue to comply with this subchapter until January 1, 2016
  [2012], regardless of:
               (1)  the date the company elected under this chapter;
  or
               (2)  any action taken in relation to that company under
  Chapter 65.
         SECTION 11.  The changes in law made by this Act apply only
  to a company that elects to provide discounted services on or after
  the effective date of this Act. A company that elects to provide
  discounted services before the effective date of this Act is
  subject to the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 12.  This Act takes effect September 1, 2011.