Bill Text: TX SB1813 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the universal service fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to Business & Commerce [SB1813 Detail]
Download: Texas-2021-SB1813-Introduced.html
By: Springer | S.B. No. 1813 | |
|
||
|
||
relating to the universal service fund. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 151.801, Tax Code, is amended by | ||
amending Subsection (a) and adding Subsection (d-1) to read as | ||
follows: | ||
(a) Except for the amounts allocated under Subsections (b), | ||
(c), (c-2), [ |
||
collection of the taxes imposed by this chapter shall be deposited | ||
to the credit of the general revenue fund. | ||
(d-1) The first $200 million of the proceeds received in a | ||
state fiscal year from the collection of the taxes imposed by this | ||
chapter on telecommunications services shall be deposited to the | ||
credit of the universal service fund sales tax receipts account in | ||
the general revenue fund. The comptroller shall determine the | ||
amount to be deposited under this subsection according to available | ||
statistical data indicating the estimated or actual total proceeds | ||
in this state from taxes imposed on the sale of telecommunications | ||
services. | ||
SECTION 2. Section 51.002, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 51.002. DEFINITIONS. In this subtitle: | ||
(1) "Basic local telecommunications service" means: | ||
(A) flat rate residential and business local exchange | ||
telephone service, including primary directory listings; | ||
(B) tone dialing service; | ||
(C) [ |
||
the capability of carrying data or broadband signals ; | ||
(D) access to directory assistance services and operator | ||
services; | ||
(E) access to 911 service provided by a local authority or | ||
dual party relay service; | ||
(F) the ability to report service problems seven days a | ||
week; | ||
(G) lifeline and tel-assistance services; and | ||
(H) any other service the commission determines after a | ||
hearing is a basic local telecommunications service. | ||
SECTION 3. Section 51.002 (10), Utilities Code, is amended | ||
to read as follows: | ||
(10) "Telecommunications provider"; | ||
(A) means: | ||
(i) a certificated telecommunications utility; | ||
(ii) a shared tenant service provider; | ||
(iii) a nondominant carrier of telecommunications | ||
services; | ||
(iv) a provider of commercial mobile service as | ||
defined by Section 332(d), Communications Act of 1934 (47 U.S.C. | ||
Section 14 151 et seq.), Federal Communications Commission rules, | ||
and the Omnibus Budget Reconciliation Act of 1993 (Public Law | ||
103-66), except that the term does not include these entities for | ||
the purposes of Chapter 17, 55, or 64; | ||
(v) a telecommunications entity that provides central | ||
19 office based PBX-type sharing or resale arrangements; | ||
(vi) an interexchange telecommunications carrier; | ||
(vii) a specialized common carrier; | ||
(viii) a reseller of communications; | ||
(ix) a provider of operator services; | ||
(x) a provider of customer-owned pay telephone | ||
service; | ||
(xi) a provider of Voice over Internet Protocol | ||
service; or | ||
[ |
||
provide telecommunications services to customers in this state; and | ||
(B) does not mean; | ||
(i) a provider of enhanced or information services, or another | ||
user of telecommunications services, who does not also provided | ||
telecommunications services; or | ||
(ii) a state agency or institution of higher education, or a | ||
service provided by a state agency or state institution of higher | ||
education. | ||
SECTION 4. Section 56.022, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 56.022. UNIFORM CHARGE. | ||
(a) The universal service fund is funded by a statewide | ||
uniform charge payable by each telecommunication provider that has | ||
access to the customer base. | ||
(b) A telecommunications provider shall pay the charge in | ||
accordance with procedures approved by the commission. | ||
(c) The uniform charge is on services and at rates the | ||
commission determines and may be in the form of a fee or an | ||
assessment on revenues. In establishing the 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; [ |
||
(3) subject a telecommunications provider to unreasonable | ||
prejudice or disadvantage; or | ||
(4) assess the charge in a manner that is not technology | ||
neutral or grants an unreasonable preference based on technology. | ||
SECTION 5. Subchapter A, Chapter 56, Utilities Code, is | ||
amended by adding Sections 56.003 and 56.004 to read as follows: | ||
Sec. 56.003. COMPTROLLER. A reference in this chapter to | ||
the commission means the comptroller. | ||
Sec. 56.004. PROHIBITION AGAINST CROSS-SUBSIDIZATION (a) A | ||
company that the Commission determines willfully and knowingly uses | ||
support received under this chapter to subsidize an activity of the | ||
company that is not subject to rate regulation under this subtitle | ||
will be subject to a fine by the commission of up to $100,000. The | ||
Commission may, by rule, determine a procedure for terminating the | ||
certification of a company that is found to have an ongoing pattern | ||
of such subsidization. | ||
SECTION 6. Section 56.021, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED; SALES TAX | ||
RECEIPTS ACCOUNT. (a) The commission shall adopt and enforce rules | ||
requiring local exchange companies to establish a universal service | ||
fund to: | ||
(1) assist telecommunications providers in providing | ||
basic local telecommunications service at reasonable rates in high | ||
cost rural areas under two plans: | ||
(A) the Texas High Cost Universal Service Plan | ||
(16 T.A.C. Section 26.403); and | ||
(B) the Small and Rural Incumbent Local Exchange | ||
Company Universal Service Plan (16 T.A.C. Section 26.404); | ||
(2) reimburse the telecommunications carrier that | ||
provides the statewide telecommunications relay access service | ||
under Subchapter D; | ||
(3) finance the specialized telecommunications | ||
assistance program established under Subchapter E; | ||
(4) reimburse the department and the commission for | ||
costs incurred in implementing this chapter and Chapter 57; | ||
(5) reimburse a telecommunications carrier providing | ||
lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as | ||
amended; | ||
(6) finance the implementation and administration of | ||
the identification process under Section 17.007 for | ||
telecommunications services; | ||
(7) reimburse a designated provider under Subchapter | ||
F; | ||
(8) reimburse a successor utility under Subchapter G; | ||
and | ||
(9) finance the program established under Subchapter | ||
H. | ||
(b) The universal service fund sales tax receipts account is | ||
an account in the general revenue fund administered by the | ||
commission. The account consists of revenue deposited to the | ||
account under Section 151.801(d-1), Tax Code. Money in the account | ||
is available to be appropriated for the purposes of this chapter. | ||
SECTION 7. Subchapter B, Chapter 56, Utilities Code, is | ||
amended by adding Sections 56.034 and 56.035 to read as follows: | ||
Sec. 56.034. SUPPORT ALLOCATION. Notwithstanding another | ||
provision of this chapter, the commission shall subdivide each | ||
exchange that serves both urban and rural areas and may require that | ||
support distributed under this chapter be used only for a rural | ||
portion of a subdivided exchange. | ||
Sec. 56.035. TRANSITION. (a) The commission shall create | ||
and publish a plan to: | ||
(1) over a 15-year period, gradually reduce the amount | ||
of distributions made from the fund for programs other than the | ||
programs described by Section 56.021(1); | ||
(b) The plan must include recommendations for statutory | ||
changes necessary to authorize the commission to execute the plan. | ||
SECTION 8. (a) In this section, "commission" means the | ||
Public Utility Commission of Texas. | ||
(b) On September 1, 2021: | ||
(1) all functions and activities related to the | ||
universal service fund established under Chapter 56, Utilities | ||
Code, performed by the commission immediately before that date are | ||
transferred to the comptroller; | ||
(2) all rules, fees, policies, procedures, decisions, | ||
and forms related to the universal service fund adopted by the | ||
commission are continued in effect as rules, fees, policies, | ||
procedures, decisions, and forms of the comptroller, as applicable, | ||
and remain in effect until amended or replaced by the comptroller; | ||
(3) a complaint, investigation, contested case, or | ||
other proceeding related to the universal service fund before the | ||
commission that is pending on September 1, 2021, is transferred | ||
without change in status to the comptroller; | ||
(4) all money, contracts, leases, property, and | ||
obligations related to the universal service fund are transferred | ||
to the comptroller; | ||
(5) all property related to the universal service fund | ||
in the custody of the commission is transferred to the comptroller; | ||
and | ||
(6) the unexpended and unobligated balance of any | ||
money appropriated by the legislature for the commission for the | ||
purpose of administering the universal service fund is transferred | ||
to the comptroller. | ||
(c) The commission shall provide the comptroller with | ||
access to any systems or information necessary for the comptroller | ||
to administer the universal service fund. | ||
(d) On September 1, 2021, all full-time equivalent employee | ||
positions at the commission that primarily concern the | ||
administration or enforcement of the universal service fund become | ||
positions at the office of the comptroller. | ||
SECTION 9. This Act takes effect September 1, 2021. |