By: King of Hemphill H.B. No. 3823
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of the universal service fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 56.022, Utilities Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) to read
  as follows:
         (a)  The universal service fund is funded by a statewide
  uniform charge payable by each telecommunications provider that has
  access to the customer base.  The commission may establish the
  statewide uniform charge as a fixed amount applicable to each
  communication connection on a competitively and technologically
  neutral basis.  In this subsection, "communication connection"
  means a voice-enabled telephone access line, wireless voice
  connection, unique voice over Internet protocol service
  connection, or other equivalent connection as determined by
  commission rule.
         (c)  The uniform is [on services and] at rates the commission
  determines. In establishing the uniform charge and the services to
  which the charge will apply, the commission may not:
               (1)  grant an unreasonable preference or advantage to a
  telecommunications provider;
               (2)  assess the charge on pay telephone service; or
               (3)  subject a telecommunications provider to
  unreasonable prejudice or disadvantage.
         SECTION 2.  Sections 56.023, Utilities Code, is amended by
  amending Subsection (a) and adding Subsection (t) to read as
  follows:
         (a)  The commission shall:
               (1)  in a manner that assures reasonable rates for
  basic local telecommunications service, adopt eligibility criteria
  and review procedures, including a method for administrative
  review, the commission finds necessary to ensure that [fund] the
  universal service fund and the programs established under this
  chapter are fully funded and to make distributions from that fund;
               (2)  determine which telecommunications providers meet
  the eligibility criteria;
               (3)  determine the amount of and approve a procedure
  for reimbursement to telecommunications providers of revenue lost
  in providing tel-assistance service [under Subchapter 6];
               (4)  establish and collect fees from the universal
  service fund necessary to recover the costs the department and the
  commission incur in administering this chapter and Chapter 57;
               (5)  approve procedures for the collection and
  disbursal of the revenue of the universal service fund; and
               (6)  audit voucher payments and other expenditures made
  under the specialized telecommunications assistance program
  established under Subchapter E.
         (t)  In administering the universal service fund, the
  commission may not prioritize providing support from the fund for a
  program described by this chapter over providing support for
  another program described by this chapter.
         SECTION 3.  The Public Utility Commission of Texas shall
  conduct a rulemaking to review the basis of the assessment for
  funding of the universal service fund and to evaluate the merits of
  adopting a connections-based assessment model.  The Public Utility
  Commission of Texas shall conclude the rulemaking no later than
  March 31, 2024.
         SECTION 4.  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, 2023.