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§ Establishes a 1.25 percent assessment rate on taxable
receipts of telecommunications utilities and commercial mobile
providers to be deposited into the Telecommunications Infrastructure
Fund (TIF).
§ Sets a maximum amount of $1.5 billion that can be deposited
in the TIF, excluding interest and loan payments.
§ Requires the Comptroller of Public Accounts (comptroller)
to assess annually the fund level, and authorizes a revision of
the assessment rate to ensure that the fund does not exceed $1.5
billion.
§ Requires the comptroller to deposit 50 percent of the
amounts collected to the public schools account in the TIF and
to deposit the remaining funds to the qualifying entities (such
as higher education institutions, nonprofit hospitals, and libraries)
account in the TIF.
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§ Makes it illegal for telecommunications providers to switch
a customer's service without the customer's authorization.
§ Authorizes the Public Utility Commission (PUC) to adopt
rules to prevent unauthorized switching.
§ Requires providers to obtain authorization to switch a
customer's service by written documentation, toll-free electronic
authorization placed from the phone subject to switching, oral
authorization obtained by an independent third party, or a mailing
to the customer.
§ Requires an unauthorized or unverifiable change in a customer's
service to be reversed in a certain time period.
§ Requires a provider who illegally switches a customer
to pay all usual charges associated with a typical legal switching
action.
§ Authorizes the PUC to take corrective actions or administer
penalties, such as suspending, revoking, or restricting the registration
or certification of a provider, for violations of rules pertaining
to this bill.
§ Requires the Public Utility Commission (PUC) and the Texas
Commission for the Deaf and Hard of Hearing (TCDHH) to create
a program to financially assist individuals who are deaf, hard
of hearing, or speech impaired to purchase specialized telecommunications
devices for telephone service access.
§ Requires TCDHH to determine a reasonable price for a basic
telecommunications device for the deaf, and distribute to each
eligible applicant a voucher that guarantees payment of that amount.
§ Requires the payments to be made from the universal service
fund, which is funded by local exchange companies.
§ Authorize companies to recover this cost through a surcharge
added to the utility's customers' bills.
§ Allows utilities to provide utility services to residents
who purchase lots prior to July 1, 1995, which have no utility
service.
§ Prohibits utilities from bringing new services into subdivisions
that are not platted.
§ Allows certain residents who purchased lots without utility
services to hook up to services that already exist in their subdivision.
§ Establishes a joint interim committee to investigate,
report, and make legislative recommendations regarding municipal
franchise policy pertaining to telecommunication and cable television
issues.
§ Ensures the ability of municipalities to exercise their
authority to manage the public right-of-way.
§ Requires the committee to investigate certain issues,
including:
§ consistency and compensation methodology of franchise
agreements;
§ costs incurred by municipalities because of right-of-way
and public property usage by utilities providing telecommunication
services; and
§ revenue generated for the municipalities resulting from
telecommunication utilities providing services.
§ Requires the PUC to ensure customers receive refunds for
overcharges by public utilities.
§ Provides for improved regulation of computer and telecommunications
equipment and services.
§ Makes a breach of computer security a Class C misdemeanor.
§ Makes the manufacture, possession, delivery, or advertisement
of an unlawful telecommunications device a third degree felony.
§ Makes the unauthorized use or theft of telecommunications
services a Class B misdemeanor.
§ Requires telephone solicitors to stop blocking their identity
when calling potential customers who may have caller identification
devices, and imposes a time limit on automatically dialed calls
to consumers.
§ Prohibits a person from operating an automatic dialing
device for telephone solicitation unless the message is 30 seconds
or shorter.
§ Allows the PUC to use the proceeds from administrative
penalties deposited to the credit of the PUC.
§ Requires the PUC to conduct an educational program to
inform the public of their rights pertaining to this Act.
§ Requires all wireless providers to charge a fee on all
cellular phones they provide service for and remit the funds to
the Advisory Commission on State Emergency Communications (ACSEC).
§ Requires ACSEC to set a statewide 9-1-1 access charge
for 9-1-1 calls made from cellular phones.
§ Caps the access charge at $0.50.
§ Provides that a wireless provider is not required to take
legal action to enforce the collection of any wireless 9-1-1 service
fee.
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