HBA-MPM H.B. 3640 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3640
By: Naishtat
Human Services
4/12/1999
Introduced



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 which would provide them telephone
access functionally equivalent to that enjoyed by individuals without such
disabilities.  This voucher program is paid for through the Universal
Service Fund, which is a surcharge assessed to the telephone companies to
pay for such programs.  Many other people with other disabilities also need
this specialized equipment, for example, individuals without use of their
hands or vision, or those who have suffered a stroke and have poor speech
abilities.  H.B. 3640 provides equal telecommunications access to all
Texans with disabilities impairing the individual's ability to effectively
access the telephone network, rather than just those individuals who are
deaf or have an impairment of hearing or speech.  Furthermore, this bill
requires the appointment of an advisory committee to advise the Public
Utility Commission of Texas on issues regarding telephone network access
for individuals with disabilities.  

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 1
(Section 56.151, Utilities Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 56.151 and 56.152, Utilities Code, as follows:

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

Sec. 56.152.  ELIGIBILITY.  Makes a conforming change.  

SECTION 2.  Amends Section 56.153(a), Utilities Code, to qualify the
telecommunications devices described under this subsection as those
described by Section 56.151, Utilities Code. 

SECTION 3.  Amends Subchapter E, Chapter 56, Utilities Code, by adding
Section 56.156, as follows: 

Sec. 56.156.  SPECIALIZED TELECOMMUNICATIONS ISSUES ADVISORY COMMITTEE.
Requires the commission and the Texas Commission for the Deaf and Hard of
Hearing to appoint an advisory committee to advise the commission on issues
regarding telephone network access for individuals with disabilities.
Provides the committee must include nine representatives.  Sets forth the
composition of the committee. 

SECTION 4.  Provides that in accordance with Subsection (c), Section
311.031, Government Code,  which gives effect to a substantive amendment
enacted by the same legislature that codifies the amended statute, the text
of Sections 56.151, 56.152, and 56.153(a), Utilities Code, as set out in
SECTIONS 1 and 2 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 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.