HBA-JEK H.B. 2345 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2345
By: Naishtat
Human Services
7/2/2001
Enrolled



BACKGROUND AND PURPOSE 

The Texas Commission for the Deaf and Hard of Hearing operates a
specialized telecommunications device assistance program (program) to
provide vouchers for specialized telecommunications equipment to
individuals who have a disability that interferes with their ability to
access the telephone network. Participation in the program has been lower
than expected, but improvements in the program and the promotion of the
program might increase telecommunication access for individuals who are
deaf, hard of hearing, or have a speech impairment.  House Bill 2345
modifies provisions regarding the program and removes the $35 fee that is
required for an individual to receive a voucher. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Public Utility Commission of Texas
in SECTION 5 and to the Texas Commission for the Deaf and Hard of Hearing
in SECTION 3 (Section 56.153, Utilities Code) of this bill. 

ANALYSIS

House Bill 2345 amends the Utilities Code to remove the stipulation that an
individual must have access to a telephone line in the individual's home or
place of business to be eligible for an assistance voucher under the
specialized telecommunications assistance program for the deaf and hard of
hearing (program), and provides that an individual have a disability that
impairs the individual's ability to effectively access the telephone
network to be eligible for the program. 

The bill authorizes the Texas Commission for the Deaf and Hard of Hearing
(TCDHH) to promote the program.  The bill provides that rules adopted by
the Public Utility Commission of Texas (PUC) must require a
telecommunications utility that publishes and distributes a telephone
directory to the public to prominently list the program's contact
information.  The bill provides that PUC must adopt the new rules promptly
and make them apply to directories published on or after January 1, 2002. 

H.B. 2345 removes the provision that requires a recipient of a voucher to
pay a $35 fee, and provides that an individual who has exchanged a voucher
for a specialized telecommunications device is not eligible to receive
another voucher before the fifth rather than the seventh anniversary of the
date of the exchange. The bill also provides that an individual is not
eligible for a voucher if TCDHH has issued a voucher for a device or
service to another individual with the same type of disability in the same
household.  The bill authorizes TCDHH by rule to provide for financially
independent individuals who reside in a congregate setting to be eligible
for a voucher regardless of whether another individual living in that
setting has received a voucher.  The bill requires the PUC, as soon as
practicable after September 1, 2001, to adopt rules to conform the program
to the changes in law made by this bill. 

EFFECTIVE DATE

September 1, 2001.