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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Public Utility Commission of Texas |
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to regulate any entity that holds itself out as a telephone service |
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provider. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 52.002(a) and (d), Utilities Code, are |
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amended to read as follows: |
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Sec. 52.002. AUTHORITY TO REGULATE. (a) To carry out the |
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public policy stated by Section 52.001 and to regulate rates, |
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operations, and services so that the rates are just, fair, and |
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reasonable and the services are adequate and efficient, the |
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commission has exclusive original jurisdiction over the business |
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and property of a telecommunications utility, a Voice over Internet |
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Protocol service provider, and any other entity, service, or |
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provider to the extent that the provider holds itself out to the |
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public as a provider of telephone service in this state subject to |
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the limitations imposed by this title. |
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(d) Notwithstanding any other law, a department, agency, or |
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political subdivision of this state other than the commission may |
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not by rule, order, or other means directly or indirectly regulate |
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rates charged for, service or contract terms for, conditions for, |
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or requirements for entry into the market for Voice over Internet |
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Protocol services or other Internet Protocol enabled |
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services. This subsection does not: |
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(1) affect requirements pertaining to use of a |
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right-of-way or payment of right-of-way fees applicable to Voice |
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over Internet Protocol services under Chapter 283, Local Government |
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Code; |
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(2) affect any person's obligation to provide video or |
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cable service, as defined under applicable state or federal law, |
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the applicability of Chapter 66, or a requirement to make a payment |
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under Chapter 66; |
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(3) require or prohibit assessment of enhanced 9-1-1, |
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relay access service, or universal service fund fees on Voice over |
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Internet Protocol service; |
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(4) affect any entity's obligations under Sections 251 |
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and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and |
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252), or a right granted to an entity by those sections; |
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(5) affect any applicable wholesale tariff; |
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(6) grant, modify, or affect the authority of the |
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commission to implement, carry out, or enforce the rights or |
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obligations provided by Sections 251 and 252, Communications Act of |
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1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale |
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tariff through arbitration proceedings or other available |
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mechanisms and procedures; |
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(7) require or prohibit payment of switched network |
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access rates or other intercarrier compensation rates, as |
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applicable; |
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(8) limit any commission authority over the subjects |
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listed in Subdivisions (1)-(7) or grant the commission any |
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authority over those subjects; or |
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(9) affect the assessment, administration, |
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collection, or enforcement of any tax or fee over which the |
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comptroller has authority. |
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SECTION 2. This Act takes effect September 1, 2015. |