Bill Text: TX HB2680 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedure for certain small local exchange companies to propose to offer certain services or to make a minor change in a rate or tariff.

Status: (Passed) 2011-05-21 - Effective on 9/1/11 [HB2680 Detail]

Download: Texas-2011-HB2680-Introduced.html
  82R1134 ALL-F
 
  By: King of Zavala H.B. No. 2680
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for certain small local exchange
  companies to propose to offer certain services or to make a minor
  change in a rate or tariff.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 53.301, Utilities Code, is amended to
  read as follows:
         Sec. 53.301.  DEFINITION. (a) In this subchapter, "minor
  change" means a change, including the restructuring of rates of
  existing services, that:
               (1)  decreases the rates or revenues of an incumbent
  local exchange company; or
               (2)  together with any other rate change [or proposed]
  or approved tariff changes in the 12 months preceding the effective
  date of the proposed change, increases the company's total
  regulated intrastate gross annual revenues by not more than five
  percent.
         (b)  With regard to a change to a basic local access line
  rate, a "minor change" does not include a change that, together with
  any other change to the basic local access line rate that took
  effect during the 12 months preceding the effective date of the
  proposed change, results in an increase of more than 50 [10]
  percent.
         SECTION 2.  Section 53.304, Utilities Code, is amended to
  read as follows:
         Sec. 53.304.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE
  MINOR CHANGES.  (a) An incumbent local exchange company may offer
  an extended local calling service, a packaged service, or a new or
  promotional service on an optional basis or make a minor change in
  its rates or tariffs if the company:
               (1)  is a cooperative corporation or has, together with
  all affiliated incumbent local exchange companies, fewer than
  31,000 access lines in service in this state;
               (2)  files with the commission and the office notice [a
  statement of intent], as prescribed by Subsection (b), not later
  than the 10th [91st] day before the effective date of the proposed
  change;
               (3)  provides notice as prescribed by Section 53.305;
  and
               (4)  files with the commission affidavits verifying
  that notice as prescribed by Section 53.305 was provided.
         (b)  The notice [statement of intent] must include:
               (1)  a copy of a resolution adopted by the incumbent
  local exchange company's board of directors approving the proposed
  change;
               (2)  a description of the services affected by the
  proposed change;
               (3)  a copy of the proposed tariff for the affected
  service;
               (4)  a copy of the customer notice required by
  Subsection (a)(3);
               (5)  the number of access lines the company and each
  affiliate have in service in this state; and
               (6)  the amount by which the company's total regulated
  intrastate gross annual revenues will increase or decrease as a
  result of the proposed change.
         SECTION 3.  Section 53.305(b), Utilities Code, is amended to
  read as follows:
         (b)  Notice must:
               (1)  be provided not later than the 10th [61st] day
  before the effective date of the proposed change; and
               (2)  include:
                     (A)  a description of the services affected by the
  proposed change;
                     (B)  the effective date of the proposed change;
                     (C)  an explanation of the customer's right to
  petition the commission for a review under Section 53.306,
  including the number of persons required to petition before a
  commission review will occur;
                     (D)  an explanation of the customer's right to
  information concerning how to obtain a copy of the proposed tariff
  from the company;
                     (E)  the amount by which the company's total
  regulated intrastate gross annual revenues will increase or
  decrease as a result of the proposed change; and
                     (F)  a list of rates that are affected by the
  proposed rate change.
         SECTION 4.  This Act applies only to a proposal to offer a
  service or to change a rate or tariff notice of which is filed on or
  after the effective date of this Act. A proposal to offer a service
  or to change a rate or tariff for which a statement of intent is
  filed before the effective date of this Act is governed by the law
  in effect on the date the statement was filed, and that law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.
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