HBA-NLM C.S.S.B. 1441 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1441
By: Barrientos
Human Services
5/14/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Texas Legislature created a voucher program to provide financial
assistance for people with hearing or speech disabilities to acquire
specialized telecommunications equipment that provides them telephone
access functionally equivalent to that enjoyed by individuals without such
disabilities.  This voucher program is subsidized by the Universal Service
Fund, which is a surcharge assessed to telephone companies.  Many people
with other disabilities also need this specialized equipment; for example,
individuals without use of their hands or vision, and those who have
suffered a stroke and have poor speech abilities.  C.S.S.B. 1441 authorizes
the Public Utility Commission (PUC) to contract for a special feature for
the state's telecommunications relay access service if PUC determines it to
be beneficial.  This bill provides equal telecommunications access to all
Texans with disabilities impairing their ability to effectively access the
telephone network, rather than just those individuals who are deaf or have
a hearing or speech impairment.  Furthermore, this bill includes two such
persons on the advisory committee to assist PUC. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Public Utility Commission and the
Texas Commission for the Deaf and Hard of Hearing is modified in SECTION 7
(Section 56.151 and Section 56.152, Utilities Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 56.021, Utilities Code, to make a conforming
change. 

SECTION 2.  Amends Subchapter D, Chapter 56, Utilities Code, by adding
Section 56.1085, as follows: 

Sec. 56.1085.  SPECIAL FEATURES FOR RELAY ACCESS SERVICE.  Authorizes the
Public Utility Commission (PUC) to contract for a special feature for the
state's telecommunications relay access service if PUC determines it to be
beneficial.  Authorizes PUC to make a written award of a contract for a
carrier to provide the special feature to the telecommunications carrier
whose proposal is most advantageous to the state, if the carrier selected
to provide the telecommunications relay access service under Section 56.108
(Selection of Telecommunications Relay Access Service Carrier)  is unable
to provide the special feature at the best value.  Requires PUC to consider
each proposal. Requires PUC's evaluation of a telecommunications carrier's
proposal to include the consideration provided by Section 56.108. 

SECTION 3.  Amends Section 56.109(a), Utilities Code, to require the
telecommunications carrier selected to provide the telecommunications relay
access service under Section 56.108 or the carrier selected to provide a
special feature for the telecommunications relay access service under
Section 56.1085 to be compensated at rates and on terms provided by the
carrier's contract with PUC. 

SECTION 4.  Amends Section 56.110(a), Utilities Code, to include on the
advisory committee to assist PUC in administering this subchapter, two
persons with disabilities that impair their ability to effectively access
the telephone network other than disabilities described by Subdivisions
(2)-(7). Redesignates existing Subdivisions (2)-(9) to Subdivisions
(3)-(10), respectively. 
 
SECTION 5. Amends Section 56.111, Utilities Code, to require the advisory
committee to advise PUC and the Texas Commission for the Deaf and Hard of
Hearing regarding any issue related to the specialized telecommunications
assistance program, including devices or services suitable to meet the
needs of persons with disabilities in communicating with other users of
telecommunications services. Makes conforming changes. 

SECTION 6.  Amends the heading to Subchapter E, Chapter 56, Utilities Code,
to read as follows: 

SUBCHAPTER E. New title: SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM

SECTION 7.  Amends Sections 56.151-56.154, Utilities Code, as follows:

Sec. 56.151. New title: SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAMS.
Requires PUC and the Texas Commission for the Deaf and Hard of Hearing, by
rule, to establish a program to provide financial assistance to individuals
with disabilities impairing the individual's ability to effectively access
the telephone network, rather than certain individuals who are deaf or have
an impairment of hearing or speech.  Makes a conforming change. 

Sec. 56.152.  ELIGIBILITY.  Makes a conforming change.  

Sec. 56.153.  VOUCHERS. Requires the Texas Commission for the Deaf and Hard
of Hearing to determine a reasonable price for basic specialized services
to provide telephone network access from a home or business, rather than
for the deaf (TDD or TTY), and distribute to each eligible applicant a
voucher that guarantees payment of that amount to a distributor of new
specialized telecommunications devices described by Section 56.151 or to a
provider of services described by that section.  Authorizes  the Texas
Commission for the Deaf and Hard of Hearing to issue a voucher for a
service only if the service is less expensive than a device eligible for a
voucher under the program to meet the same need. Provides that an
individual who has exchanged a voucher for a specialized telecommunications
device is not eligible to receive another voucher before a specified date
unless, before that date, the recipient develops a need for a different
type of telecommunications device or service under the program because the
recipient's disability changes or the recipient acquires another
disability. Makes conforming changes. 

Sec. 56.154.  COMMISSION DUTIES.  Requires PUC to pay to the distributor or
service provider the specified value, not later than the 45th day after the
date PUC receives a voucher which a telecommunications device distributor
or a telecommunications service provider presents for payment. Authorizes
PUC, notwithstanding Section 56.153, to delay payment of a voucher to a
distributor of devices or a service provider, provide that payment of the
voucher is conditioned on the return of the payment in certain instances,
and provide an alternative dispute resolution process. Makes conforming
changes. 

SECTION 8.  Amends Section 56.155(a), Utilities Code, to make a conforming
change. 

SECTION 9.  Provides that in accordance with Section 311.031(c), Government
Code, which gives effect to a substantive amendment enacted by the same
legislature that codifies the amended statute, the text of Sections 56.021,
56.110(a), 56.111, 56.151, 56.152, 56.153, 56.154, and 56.155(a), Utilities
Code, as set out in SECTIONS 1, 4, 5, 6, 7 and 8  of this Act, gives effect
to changes made by Chapter 149, Acts of the 75th Legislature, Regular
Session, 1997.  Provides that this Act prevails over another Act of the
76th Legislature, Regular Session, 1999, relating to nonsubstantive
additions to and corrections in enacted codes to the extent of any
conflict. 

SECTION 10.  Effective date:  September 1, 1999.

SECTION 11.  Emergency clause.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1441 modifies the original in the caption by including contracts
for special features of the telecommunications relay access service. 

C.S.S.B. 1441 modifies the original by adding a new SECTION 2 (Subchapter
D, Chapter 56, Utilities Code). The substitute adds new Section 56.1085
(Special Features For Relay Access Service) to authorize the Public Utility
Commission (PUC) to contract for a special feature for the state's
telecommunications relay access service if PUC determines it to be
beneficial.  The substitute authorizes PUC to make a written award of a
contract for a carrier to provide the special feature to the
telecommunications carrier whose proposal is most advantageous to the
state, if the carrier selected to provide the telecommunications relay
access service under Section 56.108 (Selection of Telecommunications Relay
Access Service Carrier) is unable to provide the special feature at the
best value.  In addition, the substitute requires PUC to consider each
proposal and requires PUC's evaluation of a telecommunications carrier's
proposal to include the considerations provided by Section 56.108(d). 

C.S.S.B. 1441 modifies the original by adding a new SECTION 3 (Section
56.109(a), Utilities Code)  
to require the telecommunications carrier selected to provide the
telecommunications relay access service under Section 56.108 or the carrier
selected to provide a special feature for the telecommunications relay
access service under Section 56.1085 to be compensated at rates and on
terms provided by the carrier's contract with PUC. 

C.S.S.B. 1441 redesignates SECTIONS 2-9 of the original to SECTIONS 4-11 in
the substitute. 

C.S.S.B. 1441 modifies SECTION 7 (Section 56.153, Utilities Code),
redesignated from SECTION 5 of the original, to authorize the Texas
Commission for the Deaf and Hard of Hearing to issue a voucher for a
service only if the service is less expensive than a device eligible for a
voucher under the program to meet the same need. 

C.S.S.B. 1441 modifies SECTION 9, redesignated from SECTION 7 of the
original, to provide that in accordance with Section 311.031(c), Government
Code, which gives effect to a substantive amendment enacted by the same
legislature that codifies the amended statute, the text of Sections 56.021,
56.110(a), 56.111, 56.151, 56.152, 56.153, 56.154, and 56.155(a), Utilities
Code, as set out in SECTIONS 1, 4, 5, 6, 7 and 8  of this Act, gives effect
to changes made by Chapter 149, Acts of the 75th Legislature, Regular
Session, 1997.