Bill Text: TX SB2399 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the authority of the Public Utility Commission of Texas to regulate Voice over Internet Protocol services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2023-06-18 - Vetoed by the Governor [SB2399 Detail]
Download: Texas-2023-SB2399-Enrolled.html
S.B. No. 2399 |
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relating to the authority of the Public Utility Commission of Texas | ||
to regulate Voice over Internet Protocol services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 52.002(d), Utilities Code, is amended to | ||
read as follows: | ||
(d) Notwithstanding any other law, a department, agency, or | ||
political subdivision of this state 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; [ |
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(9) affect the assessment, administration, | ||
collection, or enforcement of any tax or fee over which the | ||
comptroller has authority; or | ||
(10) limit any commission authority over the grant of | ||
any certificate to a Voice over Internet Protocol provider under | ||
Subchapter C or D, Chapter 54. | ||
SECTION 2. Section 54.154(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) The commission may grant a certificate to encourage an | ||
innovative, competitive, and entrepreneurial business to provide | ||
telecommunications or Voice over Internet Protocol services. | ||
SECTION 3. Section 54.155, Utilities Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A certificate granted under this section to a Voice over | ||
Internet Protocol provider may not be construed to expand the | ||
authority or jurisdiction of the commission over Voice over | ||
Internet Protocol service. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2399 passed the Senate on | ||
April 20, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2399 passed the House on | ||
May 19, 2023, by the following vote: Yeas 131, Nays 12, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |