Bill Text: TX SB713 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the procedure for certain small local exchange companies to propose to offer certain services or to make a minor change in a rate or tariff.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Business & Commerce [SB713 Detail]
Download: Texas-2011-SB713-Introduced.html
82R1134 ALL-F | ||
By: Hegar | S.B. No. 713 |
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relating to the procedure for certain small local exchange | ||
companies to propose to offer certain services or to make a minor | ||
change in a rate or tariff. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 53.301, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 53.301. DEFINITION. (a) In this subchapter, "minor | ||
change" means a change, including the restructuring of rates of | ||
existing services, that: | ||
(1) decreases the rates or revenues of an incumbent | ||
local exchange company; or | ||
(2) together with any other rate change [ |
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or approved tariff changes in the 12 months preceding the effective | ||
date of the proposed change, increases the company's total | ||
regulated intrastate gross annual revenues by not more than five | ||
percent. | ||
(b) With regard to a change to a basic local access line | ||
rate, a "minor change" does not include a change that, together with | ||
any other change to the basic local access line rate that took | ||
effect during the 12 months preceding the effective date of the | ||
proposed change, results in an increase of more than 50 [ |
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percent. | ||
SECTION 2. Section 53.304, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 53.304. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE | ||
MINOR CHANGES. (a) An incumbent local exchange company may offer | ||
an extended local calling service, a packaged service, or a new or | ||
promotional service on an optional basis or make a minor change in | ||
its rates or tariffs if the company: | ||
(1) is a cooperative corporation or has, together with | ||
all affiliated incumbent local exchange companies, fewer than | ||
31,000 access lines in service in this state; | ||
(2) files with the commission and the office notice [ |
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than the 10th [ |
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change; | ||
(3) provides notice as prescribed by Section 53.305; | ||
and | ||
(4) files with the commission affidavits verifying | ||
that notice as prescribed by Section 53.305 was provided. | ||
(b) The notice [ |
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(1) a copy of a resolution adopted by the incumbent | ||
local exchange company's board of directors approving the proposed | ||
change; | ||
(2) a description of the services affected by the | ||
proposed change; | ||
(3) a copy of the proposed tariff for the affected | ||
service; | ||
(4) a copy of the customer notice required by | ||
Subsection (a)(3); | ||
(5) the number of access lines the company and each | ||
affiliate have in service in this state; and | ||
(6) the amount by which the company's total regulated | ||
intrastate gross annual revenues will increase or decrease as a | ||
result of the proposed change. | ||
SECTION 3. Section 53.305(b), Utilities Code, is amended to | ||
read as follows: | ||
(b) Notice must: | ||
(1) be provided not later than the 10th [ |
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before the effective date of the proposed change; and | ||
(2) include: | ||
(A) a description of the services affected by the | ||
proposed change; | ||
(B) the effective date of the proposed change; | ||
(C) an explanation of the customer's right to | ||
petition the commission for a review under Section 53.306, | ||
including the number of persons required to petition before a | ||
commission review will occur; | ||
(D) an explanation of the customer's right to | ||
information concerning how to obtain a copy of the proposed tariff | ||
from the company; | ||
(E) the amount by which the company's total | ||
regulated intrastate gross annual revenues will increase or | ||
decrease as a result of the proposed change; and | ||
(F) a list of rates that are affected by the | ||
proposed rate change. | ||
SECTION 4. This Act applies only to a proposal to offer a | ||
service or to change a rate or tariff notice of which is filed on or | ||
after the effective date of this Act. A proposal to offer a service | ||
or to change a rate or tariff for which a statement of intent is | ||
filed before the effective date of this Act is governed by the law | ||
in effect on the date the statement was filed, and that law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2011. |