HBA-MPM C.S.H.B. 3640 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3640 By: Naishtat Human Services 4/15/1999 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 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 telephone companies. 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. C.S.H.B. 3640 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 an impairment of hearing or speech. Furthermore, this bill includes two such persons on the advisory committee to assist the Public Utility Commission (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 3 (Section 56.151, Utilities Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 56.110(a), Utilities Code, to include two persons with disabilities that impair their ability to effectively access the telephone network other than disabilities described by Subdivisions (2)-(7) on the advisory committee to assist the Public Utility Commission (PUC) in administering this subchapter. Redesignates existing Subdivisions (2)-(9) to Subdivisions (3)-(10), respectively. SECTION 2. Amends Section 56.111, Utilities Code, to make conforming changes. SECTION 3. Amends Sections 56.151 and 56.152, Utilities Code, as follows: Sec. 56.151. SPECIALIZED TELECOMMUNICATIONS DEVICE 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, 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 4. 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. Makes conforming changes. SECTION 5. 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 56.110(a), 56.111, 56.151, 56.152, and 56.153(a), Utilities Code, as set out in SECTIONS 1-4 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 6. Effective date: September 1, 1999. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3640 differs from the original by replacing SECTIONS 1 and 2 with new text, as follows: SECTION 1. Amends Section 56.110(a), Utilities Code, to include two persons with disabilities that impair their ability to effectively access the telephone network other than disabilities described by Subdivisions (2)-(7) on the advisory committee to assist the Public Utility Commission (PUC) in administering this subchapter. Redesignates existing Subdivisions (2)-(9) to Subdivisions (3)-(10), respectively. SECTION 2. Amends Section 56.111, Utilities Code, to make conforming changes. The substitute deletes SECTION 3 of the original, which amends Subchapter E, Chapter 56, Utilities Code, by adding Section 56.156, to require that an advisory committee be appointed by PUC and the Texas Commission for the Deaf and Hard of Hearing to advise PUC with respect to issues pertaining to a telephone network access for individuals with disabilities. This section also set forth the composition of this advisory committee. The substitute redesignates SECTIONS 1-2 of the original to SECTIONS 3-4 of the substitute, and SECTIONS 4-6 of the original to SECTIONS 5-7 of the substitute, respectively. Makes conforming changes.