|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to requirements for a partially deregulated |
|
telecommunications cooperative to offer certain services or make |
|
changes in its rates or tariffs. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 53.354, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 53.354. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE |
|
CERTAIN CHANGES. After the initial balloting, a cooperative may |
|
offer extended local calling services, offer new services on an |
|
optional basis, or make changes in its rates or tariffs if the |
|
cooperative: |
|
(1) files a statement of intent under Section 53.355; |
|
and |
|
(2) provides notice of the proposed action to each |
|
customer and municipality as prescribed by Section 53.356[; and
|
|
[(3)
files with the commission affidavits verifying
|
|
that notice was provided as prescribed by Section 53.357]. |
|
SECTION 2. Section 53.355, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 53.355. STATEMENT OF INTENT. (a) A cooperative must |
|
file a statement of intent to use this subchapter with the |
|
commission and the office not later than the 31st [61st] day before |
|
the effective date of the proposed change. |
|
(b) The statement must include: |
|
(1) a copy of a resolution, signed by a majority of the |
|
members of the cooperative's board of directors, approving the |
|
proposed action and authorizing the filing of the statement of |
|
intent; |
|
(2) a description of the services affected by the |
|
proposed action; and |
|
(3) a copy of the proposed tariff for the affected |
|
service[; and
|
|
[(4)
a copy of the customer notice required by Section
|
|
53.356]. |
|
SECTION 3. Section 53.356, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 53.356. NOTICE TO AFFECTED PERSONS. (a) The |
|
cooperative shall provide to each affected customer or party, |
|
including a municipality, notice [at least two notices] of the |
|
proposed action by bill insert, electronic bill message, or by |
|
individual notice. |
|
(b) The cooperative shall provide[:
|
|
[(1) the first] notice not later than the seventh |
|
[61st day before the effective date of the proposed action; and
|
|
[(2) the last notice not later than the 31st] day |
|
before the effective date of the proposed action. |
|
(c) A notice prescribed by this section must include or |
|
refer the customer to an Internet website that includes: |
|
(1) a description of the services affected by the |
|
proposed action; |
|
(2) the effective date of the proposed action; and |
|
(3) [an explanation of the customer's right to:
|
|
[(A)
obtain a copy of the proposed tariff from
|
|
the cooperative; and
|
|
[(B)
petition the commission for a review under
|
|
Section 53.358;
|
|
[(4)
a statement of the amount by which the
|
|
cooperative's total gross annual revenues will increase or decrease
|
|
and a statement explaining the effect on the cooperative revenues
|
|
as a result of the proposed action; and
|
|
[(5)] a list of rates that are affected by the proposed |
|
rate action, showing the effect of the proposed action on each of |
|
those rates. |
|
SECTION 4. Section 53.358(a), Utilities Code, is amended to |
|
read as follows: |
|
(a) The commission shall review a proposed action filed |
|
under this subchapter if: |
|
(1) [the commission receives, not later than the 45th
|
|
day after the date the first notice is provided under Section
|
|
53.356, complaints relating to the proposed action:
|
|
[(A)
signed by at least five percent of the
|
|
affected local service customers; or
|
|
[(B)
from an affected intrastate access
|
|
customer, or group of affected intrastate access customers, that in
|
|
the preceding 12 months accounted for more than 10 percent of the
|
|
cooperative's total intrastate access revenues;
|
|
[(2)] the cooperative does not comply with the |
|
procedural requirements of this subchapter; or |
|
(2) [(3)] the proposed action is inconsistent with the |
|
commission's substantive policies as expressed in its rules. |
|
SECTION 5. Section 53.357, Utilities Code, is repealed. |
|
SECTION 6. The change in law made by this Act applies only |
|
to a statement of intent filed with the Public Utility Commission of |
|
Texas and the Office of Public Utility Counsel on or after the |
|
effective date of this Act. A statement of intent filed before that |
|
date is governed by the law in effect on the date on which the |
|
statement was filed, and that law is continued in effect for that |
|
purpose. |
|
SECTION 7. This Act takes effect September 1, 2015. |