Bill Text: TX HB2650 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authority of the Public Utility Commission of Texas to regulate any entity that holds itself out as a telephone service provider.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-25 - Left pending in committee [HB2650 Detail]
Download: Texas-2015-HB2650-Introduced.html
84R11352 DDT-D | ||
By: Thompson of Brazoria | H.B. No. 2650 |
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relating to the authority of the Public Utility Commission of Texas | ||
to regulate any entity that holds itself out as a telephone service | ||
provider. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 52.002(a) and (d), Utilities Code, are | ||
amended to read as follows: | ||
Sec. 52.002. AUTHORITY TO REGULATE. (a) To carry out the | ||
public policy stated by Section 52.001 and to regulate rates, | ||
operations, and services so that the rates are just, fair, and | ||
reasonable and the services are adequate and efficient, the | ||
commission has exclusive original jurisdiction over the business | ||
and property of a telecommunications utility, a Voice over Internet | ||
Protocol service provider, and any other entity, service, or | ||
provider to the extent that the provider holds itself out to the | ||
public as a provider of telephone service in this state subject to | ||
the limitations imposed by this title. | ||
(d) Notwithstanding any other law, a department, agency, or | ||
political subdivision of this state other than the commission may | ||
not by rule, order, or other means directly or indirectly regulate | ||
rates charged for, service or contract terms for, conditions for, | ||
or requirements for entry into the market for Voice over Internet | ||
Protocol services or other Internet Protocol enabled | ||
services. This subsection does not: | ||
(1) affect requirements pertaining to use of a | ||
right-of-way or payment of right-of-way fees applicable to Voice | ||
over Internet Protocol services under Chapter 283, Local Government | ||
Code; | ||
(2) affect any person's obligation to provide video or | ||
cable service, as defined under applicable state or federal law, | ||
the applicability of Chapter 66, or a requirement to make a payment | ||
under Chapter 66; | ||
(3) require or prohibit assessment of enhanced 9-1-1, | ||
relay access service, or universal service fund fees on Voice over | ||
Internet Protocol service; | ||
(4) affect any entity's obligations under Sections 251 | ||
and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and | ||
252), or a right granted to an entity by those sections; | ||
(5) affect any applicable wholesale tariff; | ||
(6) grant, modify, or affect the authority of the | ||
commission to implement, carry out, or enforce the rights or | ||
obligations provided by Sections 251 and 252, Communications Act of | ||
1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale | ||
tariff through arbitration proceedings or other available | ||
mechanisms and procedures; | ||
(7) require or prohibit payment of switched network | ||
access rates or other intercarrier compensation rates, as | ||
applicable; | ||
(8) limit any commission authority over the subjects | ||
listed in Subdivisions (1)-(7) or grant the commission any | ||
authority over those subjects; or | ||
(9) affect the assessment, administration, | ||
collection, or enforcement of any tax or fee over which the | ||
comptroller has authority. | ||
SECTION 2. This Act takes effect September 1, 2015. |