Bill Text: TX HB2841 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of the Public Utility Commission of Texas to protect telecommunications network integrity from unauthorized or uncompensated use.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-30 - Left pending in committee [HB2841 Detail]
Download: Texas-2011-HB2841-Introduced.html
| 82R10014 JJT-D | ||
| By: Gallego | H.B. No. 2841 | |
|
|
||
|
|
||
| relating to the authority of the Public Utility Commission of Texas | ||
| to protect telecommunications network integrity from unauthorized | ||
| or uncompensated use. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 55, Utilities Code, is | ||
| amended by adding Section 55.018 to read as follows: | ||
| Sec. 55.018. PROTECTION FROM UNAUTHORIZED TRAFFIC. (a) | ||
| The commission has jurisdiction over all entities in this state as | ||
| necessary to impose requirements to ensure the integrity of | ||
| publicly switched telecommunications infrastructure in this state, | ||
| so as to prevent fraud and prevent dangers to the security of this | ||
| state. | ||
| (b) The commission by rule or order may ensure that all | ||
| telecommunications traffic that originates or terminates on, or is | ||
| directed to a destination from, any other network and is | ||
| transmitted by publicly switched telecommunications infrastructure | ||
| in this state is authorized traffic, the origination, carriage, and | ||
| termination of which is subject to proper authorization, | ||
| identification, and compensation. | ||
| (c) The commission by rule shall establish procedures to | ||
| mandate and enforce inter-carrier compensation agreements by which | ||
| all network traffic on publicly switched telecommunications | ||
| infrastructure in this state must be authorized, identified, and, | ||
| as appropriate, compensated. | ||
| (d) The commission shall require each provider of | ||
| telecommunications traffic on a publicly switched network to | ||
| transmit in the provider's signaling without alteration, where | ||
| technically feasible, all information necessary to ensure that the | ||
| traffic is properly authorized and not fraudulent. | ||
| (e) The commission, on the commission's own motion or | ||
| following a hearing held not later than the 60th day after the | ||
| commission receives a complaint about unauthorized, fraudulent, or | ||
| uncompensated traffic on publicly switched telecommunications | ||
| infrastructure in this state, shall expeditiously act by rule or | ||
| order to ensure the integrity of the infrastructure and to protect | ||
| the infrastructure from unauthorized traffic, abuse, and | ||
| fraudulent use. | ||
| (f) The commission shall impose reasonable administrative | ||
| penalties for a violation of a rule adopted or order issued under | ||
| this section. On a finding of a violation of a rule adopted or order | ||
| issued under this section, the commission by order may: | ||
| (1) in the manner the commission may impose an | ||
| administrative penalty, order a violating carrier to reimburse a | ||
| proper network owner or operator for unauthorized or fraudulent | ||
| traffic; or | ||
| (2) authorize a proper network owner or operator to | ||
| block traffic that may be unauthorized or uncompensated. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
