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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the universal service fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 56.022, Utilities Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) The universal service fund is funded by a statewide |
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uniform charge payable by each telecommunications provider that has |
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access to the customer base. The commission may establish the |
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statewide uniform charge as a fixed amount applicable to each |
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communication connection on a competitively and technologically |
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neutral basis. In this subsection, "communication connection" |
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means a voice-enabled telephone access line, wireless voice |
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connection, unique voice over Internet protocol service |
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connection, or other equivalent connection as determined by |
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commission rule. |
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(c) The uniform is [on services and] at rates the commission |
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determines. In establishing the uniform charge and the services to |
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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. |
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SECTION 2. Sections 56.023, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsection (t) to read as |
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follows: |
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(a) The commission shall: |
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(1) in a manner that assures reasonable rates for |
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basic local telecommunications service, adopt eligibility criteria |
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and review procedures, including a method for administrative |
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review, the commission finds necessary to ensure that [fund] the |
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universal service fund and the programs established under this |
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chapter are fully funded and to make distributions from that fund; |
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(2) determine which telecommunications providers meet |
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the eligibility criteria; |
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(3) determine the amount of and approve a procedure |
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for reimbursement to telecommunications providers of revenue lost |
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in providing tel-assistance service [under Subchapter 6]; |
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(4) establish and collect fees from the universal |
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service fund necessary to recover the costs the department and the |
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commission incur in administering this chapter and Chapter 57; |
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(5) approve procedures for the collection and |
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disbursal of the revenue of the universal service fund; and |
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(6) audit voucher payments and other expenditures made |
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under the specialized telecommunications assistance program |
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established under Subchapter E. |
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(t) In administering the universal service fund, the |
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commission may not prioritize providing support from the fund for a |
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program described by this chapter over providing support for |
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another program described by this chapter. |
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SECTION 3. The Public Utility Commission of Texas shall |
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conduct a rulemaking to review the basis of the assessment for |
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funding of the universal service fund and to evaluate the merits of |
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adopting a connections-based assessment model. The Public Utility |
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Commission of Texas shall conclude the rulemaking no later than |
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March 31, 2024. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |