reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.133. Notification of Local Exchange Company

Sec. 55.133.  NOTIFICATION OF LOCAL EXCHANGE COMPANY.  The commission shall provide to a local exchange company on request a copy of a permit issued under this subchapter and of any change relating to the permit.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.134. Complaints and Enforcement

Sec. 55.134.  COMPLAINTS AND ENFORCEMENT.  (a)  The commission shall:
(1)  investigate complaints relating to the use of an automated dial announcing device;  and
(2)  enforce this subchapter.
(b)  A local exchange company that receives a complaint relating to the use of an automated dial announcing device shall send the complaint to the commission.  The commission by rule shall prescribe the procedures and requirements for sending a complaint to the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.135. Revocation of Permit

Sec. 55.135.  REVOCATION OF PERMIT.  The commission may revoke a person's permit if the person fails to comply with this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.136. Disconnection of Service

Sec. 55.136.  DISCONNECTION OF SERVICE.  (a)  If the commission or a court determines that a person has violated this subchapter, the commission or court shall require a telecommunications utility to disconnect service to the person.
(b)  The telecommunications utility may reconnect service to the person only on a determination by the commission that the person will comply with this subchapter.
(c)  Not later than the third day before the date of the disconnection, the telecommunications utility shall give notice to the person using the device of its intent to disconnect service.  However, if the device is causing network congestion or blockage, the notice may be given on the day before the date of disconnection.
(d)  A telecommunications utility, without an order by the commission or a court, may disconnect or refuse to connect service to a person using or intending to use an automated dial announcing device if the utility determines that the device would cause or is causing network harm.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.137. Administrative Penalty

Sec. 55.137.  ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty against a person who owns or operates an automated dial announcing device in violation of this subchapter or a commission rule or order.
(b)  The penalty for a violation may be in an amount not to exceed $1,000 for each day or portion of a day during which the device operates in violation of this subchapter or a commission rule or order.
(c)  The administrative penalty is civil in nature and is in addition to any other penalty provided by law.
(d)  The commission by rule shall prescribe the procedures for assessing an administrative penalty under this section.  The procedures must require proper notice and hearing in accordance with Chapter 2001, Government Code.
(e)  A person may appeal the final order of the commission under Chapter 2001, Government Code.  The substantial evidence rule applies on appeal.
(f)  The proceeds of administrative penalties collected under this section shall be deposited to the credit of the commission.  The commission shall use the proceeds to enforce this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.05(g), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.138. Criminal Penalty

Sec. 55.138.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person owns or operates an automated dial announcing device that the person knows is operating in violation of this subchapter.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.171. Definition

Sec. 55.171.  DEFINITION.  In this subchapter, "provider" means an entity that provides pay telephone service, including:
(1)  an incumbent local exchange company;  and
(2)  a subscriber to a customer-owned pay telephone service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.172. Limitation

Sec. 55.172.  LIMITATION.  This subchapter prescribes the limits of:
(1)  the right of a provider to set the provider's rates and charges for pay telephone services;  and
(2)  the commission's authority over the pay telephone service rates of an incumbent local exchange company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.173. Registration

Sec. 55.173.  REGISTRATION.  (a)  A person may not provide pay telephone service in this state unless the person is registered with the commission.
(b)  This section does not apply to a provider who holds a certificate of convenience and necessity.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.1735. Charge for Pay Phone Access Line

Sec. 55.1735.  CHARGE FOR PAY PHONE ACCESS LINE.  The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed the amount of the charge or surcharge the company imposes for an access line used for regular business purposes in that exchange.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 11, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.174. Prohibition on Charge for Certain Calls

Sec. 55.174.  PROHIBITION ON CHARGE FOR CERTAIN CALLS.  A provider may not charge a person making a call on a pay telephone for:
(1)  local directory assistance;  or
(2)  a call made under Chapter 771 or 772, Health and Safety Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.175. Charge for Local Calls

Sec. 55.175.  CHARGE FOR LOCAL CALLS.  (a)  The commission shall establish the limit on the amount a provider may charge for a pay telephone coin sent-paid call in the local exchange company's toll-free calling area.
(b)  The commission may establish a statewide ceiling on the amount a provider may charge for a local pay telephone call that is:
(1)  collect;
(2)  operator assisted;  or
(3)  paid by credit card or calling card.
(c)  The commission may not establish the ceiling under Subsection (b) at an amount that is less than the applicable local rates for such a call imposed by any of the four largest interexchange telecommunications carriers operating in this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.176. Charge for 800-Type Calls

Sec. 55.176.  CHARGE FOR 800-TYPE CALLS.  (a)  A provider may charge at a pay telephone a fee of not more than 25 cents for initiating an 800-type call.
(b)  A provider may impose the fee only if:
(1)  the pay telephone is registered with the commission;  and
(2)  the provider certifies that the pay telephone complies with commission rules regarding the provision of pay telephone service.
(c)  Subsection (b) does not apply to a local exchange company pay telephone.
(d)  A provider may not impose the fee if imposition is inconsistent with federal law.
(e)  A provider may not impose the fee for a:
(1)  local call;
(2)  911 call;
(3)  local directory assistance call;  or
(4)  call that is covered by the Telephone Operator Consumer Services Improvement Act of 1990 (47 U.S.C. Section 226).
(f)  A provider who imposes the fee must post on each pay telephone notice that the fee will be charged.  The provider must post the notice:
(1)  in plain sight of the user;  and
(2)  in a manner consistent with existing commission requirements for posting information.
(g)  The commission may not impose on a local exchange company the duty or obligation to:
(1)  record the use of pay telephone service;
(2)  bill or collect for the use of the pay telephone;  or
(3)  remit to the provider the fee authorized by this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.177. Charge for Credit Card, Calling Card, or Operator-Assisted Calls

Sec. 55.177.  CHARGE FOR CREDIT CARD, CALLING CARD, OR OPERATOR-ASSISTED CALLS.  (a)  A provider may not impose for a credit card, calling card, or live or automated operator-assisted call a rate or charge that is greater than the authorized rates and charges published on March 18, 1995, in the eight newspapers having the largest circulation in this state.
(b)  The published rates may not be changed.
(c)  This section does not apply to a local exchange company.  Chapter 58 governs the pay telephone rates of an incumbent local exchange company that elects incentive regulation under that chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.178. Notice of Inability to Receive Calls

Sec. 55.178.  NOTICE OF INABILITY TO RECEIVE CALLS.  (a)  A provider may not display the telephone number of a pay telephone that cannot receive telephone calls.
(b)  A provider shall place in a conspicuous location on each pay telephone that cannot receive telephone calls a notice stating in letters one-fourth inch high:  "THIS TELEPHONE CANNOT RECEIVE TELEPHONE CALLS."
(c)  A provider that violates this section or a rule or order adopted by the commission under this section is subject to a civil penalty as provided by Section 15.028 unless the provider takes corrective action to comply with this section or the rule or order not later than the 14th day after the date the provider receives written notice of the violation.
(d)  The commission has jurisdiction over a provider to the extent necessary to enforce this section regardless of whether a provider is a telecommunications utility regulated under this title.
(e)  The commission may establish procedures to enforce this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.179. Information Requirements

Sec. 55.179.  INFORMATION REQUIREMENTS.  (a)  The commission by rule may prescribe the information that must be posted on a pay telephone.
(b)  A commission rule may not require a provider or an affiliate of a provider to police compliance by another provider with the commission's rules.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter H. Pay Telephones › Section 55.180. Violations

Sec. 55.180.  VIOLATIONS.  The commission may order the disconnection of pay telephone service for not more than one year for repeat violations of commission rules.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter I. Directory Listings and Assistance › Section 55.201. Terms of Directory Listings and Assistance

Sec. 55.201.  TERMS OF DIRECTORY LISTINGS AND ASSISTANCE.  (a)  Each company that provides local exchange telephone service in overlapping certificated areas shall negotiate the terms of printed directory listings and directory assistance in those areas.
(b)  On complaint by the incumbent local exchange company or the holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority, the commission may:
(1)  resolve a dispute between the parties;  and
(2)  issue an order setting the terms of the directory listings or directory assistance, if necessary.
(c)  This section does not affect the authority of an incumbent local exchange company to voluntarily conduct negotiations with an applicant for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter I. Directory Listings and Assistance › Section 55.202. Directory Published by Telecommunications Utility

Sec. 55.202.  DIRECTORY PUBLISHED BY TELECOMMUNICATIONS UTILITY.  A telecommunications utility or an affiliate of that utility that publishes a residential or business telephone directory that is distributed to the public shall publish in the directory the name of each state senator or representative who represents all or part of the geographical area for which the directory contains listings.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter I. Directory Listings and Assistance › Section 55.203. Directory Published by Private Publisher

Sec. 55.203.  DIRECTORY PUBLISHED BY PRIVATE PUBLISHER.  (a)  A private for-profit publisher of a residential telephone directory that is distributed to the public at minimal or no cost shall include in the directory:
(1)  a listing of any toll-free and local telephone numbers of:
(A)  state agencies;
(B)  state public services; and
(C)  each state elected official who represents all or part of the geographical area for which the directory contains listings; and
(2)  the Internet address of the state electronic Internet portal and a statement that Internet sites for state agencies may be accessed through the state electronic Internet portal.
(b)  The listing required by this section must be:
(1)  clearly identified;  and
(2)  located or clearly referenced at the front of the directory before the main listing of residential and business telephone numbers.
(c)  The commission by rule may specify:
(1)  the format of the listing;  and
(2)  criteria for inclusion of agencies, services, and officials.
(d)  The commission's rules must require a publisher to list:
(1)  the telephone number for state government information;  and
(2)  telephone numbers alphabetically by:
(A)  the subject matter of agency programs;  and
(B)  agency name.
(e)  The commission, with the cooperation of other state agencies, shall:
(1)  compile relevant information to ensure accuracy of information in the listing;  and
(2)  provide the information to a telecommunications utility or telephone directory publisher within a reasonable time after a request by the utility or publisher.
(f)  The Department of Information Resources shall cooperate with the commission and with publishers to ensure that the subject matter listing of programs and telephone numbers in the telephone directories are consistent with the categorization developed by the Records Management Interagency Coordinating Council under Section 441.203(j), Government Code.
(g)  The rules adopted under Subsection (d) must provide that a telecommunications utility that publishes and distributes to the public a residential or business telephone directory shall list prominently in the directory the contact information for the specialized telecommunications assistance program established under Subchapter E, Chapter 56.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.06(a), eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 424, Sec. 5, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 20.002, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 165, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 2.08, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 973 (H.B. 1504), Sec. 32, eff. June 17, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter I. Directory Listings and Assistance › Section 55.204. Electronic Telephone Directory

Sec. 55.204.  ELECTRONIC TELEPHONE DIRECTORY.  (a)  Notwithstanding any other law, a telecommunications provider or telecommunications utility, to further the recycling goals, may publish on the provider's or the utility's Internet website a telephone directory or directory listing instead of providing for general distribution to the public of printed directories or listings.
(b)  A provider or utility that publishes a telephone directory or directory listing as described by Subsection (a) shall provide a print or digital copy of the directory or listing to a customer on request.  If a provider or utility exercises this option, it shall notify its customers that the provider or utility shall provide the first print or digital copy requested by a customer in each calendar year at no charge to the customer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1180 (H.B. 3395), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter J. Telecommunications Service by Certain Providers › Section 55.251. Charge for Hotel or Motel Call

Sec. 55.251.  CHARGE FOR HOTEL OR MOTEL CALL.  A hotel or motel may not charge more than 50 cents for:
(1)  a local telephone call;
(2)  a credit card telephone call;
(3)  a collect telephone call;  or
(4)  any other local telephone call for which assistance from the hotel or motel operator is not required.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter J. Telecommunications Service by Certain Providers › Section 55.252. 900 Service Used by Probationers or Parolees

Sec. 55.252.  900 SERVICE USED BY PROBATIONERS OR PAROLEES.  (a)  This section applies only to a telecommunications utility that transports or provides an intrastate 900 service that is:
(1)  covered by a contract authorized by Chapter 76 or 508, Government Code; and
(2)  used by a defendant under the supervision of a community supervision and corrections department or the parole division of the Texas Department of Criminal Justice to:
(A)  pay a fee or cost; or
(B)  comply with telephone reporting requirements.
(b)  A telecommunications utility may adjust or authorize the adjustment of an end-user's bill for 900 service described by Subsection (a) only with the consent of the contracting community supervision and corrections department or the contracting parole division of the Texas Department of Criminal Justice.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.07(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.155, eff. September 1, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter J. Telecommunications Service by Certain Providers › Section 55.253. Telephone Prepaid Calling Services

Sec. 55.253.  TELEPHONE PREPAID CALLING SERVICES.  (a)  In this section:
(1)  "Prepaid calling card company" means a company that provides a prepaid calling service to the public using its own network or resold services.
(2)  "Prepaid calling service" means a prepaid telecommunications service that allows an end user to originate a call using an access number and authorization code.
(b)  The commission by rule may prescribe standards regarding the information a prepaid calling card company shall disclose to customers in relation to the rates and terms of service for prepaid calling services offered in this state.
(c)  The commission is granted all necessary jurisdiction to adopt rules under this section and to enforce those rules and this section.
(d)  A violation of a rule adopted under this section is subject to enforcement under Subchapter B, Chapter 15.
Added by Acts 1999, 76th Leg., ch. 411, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.301. State Policy

Sec. 55.301.  STATE POLICY.  It is the policy of this state to ensure that all customers are protected from the unauthorized switching of a telecommunications utility selected by the customer to provide telecommunications service.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.302. Commission Rules

Sec. 55.302.  COMMISSION RULES.  (a)  The commission shall adopt nondiscriminatory and competitively neutral rules to implement this subchapter, including rules that:
(1)  ensure that customers are protected from deceptive practices in the obtaining of authorizations and verifications required by this subchapter;
(2)  are applicable to all local exchange telephone services, interexchange telecommunications service, and other telecommunications service provided by telecommunications utilities in this state;
(3)  are consistent with the rules and regulations prescribed by the Federal Communications Commission for the selection of telecommunications utilities;
(4)  permit telecommunications utilities to select any method of verification of a change order authorized by Section 55.303;
(5)  require the reversal of certain changes in the selection of a customer's telecommunications utility in accordance with Section 55.304(a);
(6)  prescribe, in accordance with Section 55.304(b), the duties of a telecommunications utility that initiates an unauthorized customer change;  and
(7)  provide for corrective action and the imposition of penalties in accordance with Sections 55.305 and 55.306.
(b)  The commission is granted all necessary jurisdiction to adopt rules required by this subchapter and to enforce those rules and this subchapter.
(c)  The commission may notify customers of their rights under the rules.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.303. Verification of Change

Sec. 55.303.  VERIFICATION OF CHANGE.  A telecommunications utility may verify a change order by:
(1)  obtaining written authorization from the customer;
(2)  obtaining a toll-free electronic authorization placed from the telephone number that is the subject of the change order;  or
(3)  an oral authorization obtained by an independent third party.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.304. Unauthorized Change

Sec. 55.304.  UNAUTHORIZED CHANGE.  (a)  If a change in the selection of a customer's telecommunications utility is not made or verified in accordance with this subchapter, the change, on request by the customer, shall be reversed within a period established by commission ruling.
(b)  A telecommunications utility that initiates an unauthorized customer change shall:
(1)  pay all usual and customary charges associated with returning the customer to its original telecommunications utility;
(2)  pay the telecommunications utility from which the customer was changed any amount paid by the customer that would have been paid to that telecommunications utility if the unauthorized change had not been made;
(3)  return to the customer any amount paid by the customer that exceeds the charges that would have been imposed for identical services by the telecommunications utility from which the customer was changed if the unauthorized change had not been made;  and
(4)  provide to the original telecommunications utility from which the customer was changed all billing records to enable that telecommunications utility to comply with this subchapter.
(c)  The telecommunications utility from which the customer was changed shall provide to the customer all benefits associated with the service on receipt of payment for service provided during the unauthorized change.
(d)  A customer is not liable for charges incurred during the first 30 days after the date of an unauthorized carrier change.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.305. Corrective Action and Penalties

Sec. 55.305.  CORRECTIVE ACTION AND PENALTIES.  (a)  If the commission finds that a telecommunications utility has repeatedly violated the commission's telecommunications utility selection rules, the commission shall order the utility to take corrective action as necessary.  In addition, the utility may be subject to administrative penalties under Sections 15.023-15.027.
(b)  An administrative penalty collected under this section shall be used to enforce this subchapter.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
Sec. 55.306.  REPEATED AND RECKLESS VIOLATION.  If the commission finds that a telecommunications utility has repeatedly and recklessly violated the commission's telecommunications utility selection rules, the commission may, if consistent with the public interest, suspend, restrict, deny, or revoke the registration or certificate, including an amended certificate, of the telecommunications utility and, by taking that action, deny the telecommunications utility the right to provide service in this state.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.307. Deceptive or Fraudulent Practice

Sec. 55.307.  DECEPTIVE OR FRAUDULENT PRACTICE.  The commission may prohibit a utility from engaging in a deceptive or fraudulent practice, including a marketing practice, involving the selection of a customer's telecommunications utility.  The commission may define deceptive and fraudulent practices to which this section applies.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1579, Sec. 6, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter K. Selection of Telecommunications Utilities › Section 55.308. Consistency With Federal Law

Sec. 55.308.  CONSISTENCY WITH FEDERAL LAW.  Notwithstanding any other provision of this subchapter, rules adopted by the commission under this subchapter shall be consistent with applicable federal laws and rules.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter A. General Provisions › Section 56.001. Definitions

Sec. 56.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of Assistive and Rehabilitative Services.
(2)  "Designated provider" means a telecommunications provider designated by the commission to provide services to an uncertificated area under Subchapter F.
(2-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 651, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter A. General Provisions › Section 56.002. Conflict of Provisions

Sec. 56.002.  CONFLICT OF PROVISIONS.  If this chapter conflicts with another provision of this title, this chapter prevails.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.021. Universal Service Fund Established

Sec. 56.021.  UNIVERSAL SERVICE FUND ESTABLISHED.  The commission shall adopt and enforce rules requiring local exchange companies to establish a universal service fund to:
(1)  assist telecommunications providers in providing basic local telecommunications service at reasonable rates in high cost rural areas under two plans:
(A)  the Texas High Cost Universal Service Plan (16 T.A.C. Section 26.403); and
(B)  the Small and Rural Incumbent Local Exchange Company Universal Service Plan (16 T.A.C. Section 26.404);
(2)  reimburse the telecommunications carrier that provides the statewide telecommunications relay access service under Subchapter D;
(3)  finance the specialized telecommunications assistance program established under Subchapter E;
(4)  reimburse the department and the commission for costs incurred in implementing this chapter and Chapter 57;
(5)  reimburse a telecommunications carrier providing lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as amended;
(6)  finance the implementation and administration of the identification process under Section 17.007 for telecommunications services;
(7)  reimburse a designated provider under Subchapter F;
(8)  reimburse a successor utility under Subchapter G; and
(9)  finance the program established under Subchapter H.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1212, Sec. 23, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1553, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 651, Sec. 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1451, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 76, Sec. 5, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 17.001, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 12, eff. September 7, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 314 (H.B. 2295), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 48 (S.B. 1976), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.022. Uniform Charge

Sec. 56.022.  UNIFORM CHARGE.  (a)  The universal service fund is funded by a statewide uniform charge payable by each telecommunications provider that has access to the customer base.
(b)  A telecommunications provider shall pay the charge in accordance with procedures approved by the commission.
(c)  The uniform charge is on services and at rates the commission determines.  In establishing the charge and the services to which the charge will apply, the commission may not:
(1)  grant an unreasonable preference or advantage to a telecommunications provider;
(2)  assess the charge on pay telephone service;  or
(3)  subject a telecommunications provider to unreasonable prejudice or disadvantage.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 404, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.0231. Support Expired

Sec. 56.0231.  SUPPORT EXPIRED.  Support to an incumbent local exchange company or cooperative provided under Section 56.023 must be reduced on December 31, 2024, to zero percent of the amount of support that the company or cooperative is eligible to receive on that date if before December 31, 2022, support to the company or cooperative had been reduced to 25 percent of the support the company or cooperative was eligible to receive.
Added by Acts 2023, 88th Leg., R.S., Ch. 946 (S.B. 1710), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.0232. Support Relinquished

Sec. 56.0232.  SUPPORT RELINQUISHED.  (a)  An eligible telecommunications provider may notify the commission that the provider relinquishes the support it is entitled to receive under this chapter.  After notice by the provider, the commission shall require the entity administering the universal service fund to terminate support to the provider.
(b)  If the commission does not notify the administrator under Subsection (a) of the provider's request before the 90th day after the date the commission receives the request, the provider is entitled to stop receiving the support on that date.
Added by Acts 2023, 88th Leg., R.S., Ch. 946 (S.B. 1710), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.024. Reports; Confidentiality

Sec. 56.024.  REPORTS;  CONFIDENTIALITY.  (a)  The commission may require a telecommunications provider to provide a report or information necessary to assess contributions and disbursements to the universal service fund.
(b)  A report or information the commission requires a telecommunications provider to provide under Subsection (a) is confidential and not subject to disclosure under Chapter 552, Government Code.
(c)  A telecommunications provider shall file with the commission the provider's annual earnings report if the provider:
(1)  is not a local exchange company subject to a total support reduction plan under 16 T.A.C. Section 26.403 or that has made an election under Section 56.023(l);
(2)  serves greater than 31,000 access lines; and
(3)  receives support under a plan established under Section 56.021(1).
(d)  A report filed under Subsection (c) is confidential and not subject to disclosure under Chapter 552, Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 24, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 751 (S.B. 583), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.026. Prompt and Efficient Disbursements

Sec. 56.026.  PROMPT AND EFFICIENT DISBURSEMENTS.   The commission shall make each disbursement from the universal service fund promptly and efficiently so that a telecommunications provider does not experience an unnecessary cash-flow change as a result of a change in governmental policy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 14, eff. September 7, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 751 (S.B. 583), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.028. Universal Service Fund Reimbursement for Certain Intralata Service

Sec. 56.028.  UNIVERSAL SERVICE FUND REIMBURSEMENT FOR CERTAIN INTRALATA SERVICE.  On request of an incumbent local exchange company that is not an electing company under Chapters 58 and 59, the commission shall provide reimbursement through the universal service fund for reduced rates for intraLATA interexchange high capacity (1.544 Mbps) service for entities described in Section 58.253(a).  The amount of reimbursement shall be the difference between the company's tariffed rate for that service as of January 1, 1998, and the lowest rate offered for that service by any local exchange company electing incentive regulation under Chapter 58.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.030. Affidavits of Compliance

Sec. 56.030.  AFFIDAVITS OF COMPLIANCE.  On or before September 1 of each year, a telecommunications provider that receives disbursements from the universal service fund shall file with the commission an affidavit certifying that the telecommunications provider is in compliance with the requirements for receiving money from the universal service fund and requirements regarding the use of money from each universal service fund program for which the telecommunications provider receives disbursements.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 15, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.031. Adjustments: Texas High Cost Universal Service Plan

Sec. 56.031.  ADJUSTMENTS:  TEXAS HIGH COST UNIVERSAL SERVICE PLAN.  The commission may revise the monthly per line support amounts to be made available from the Texas High Cost Universal Service Plan after notice and an opportunity for hearing.  In determining appropriate monthly per line support amounts, the commission shall consider the adequacy of basic rates to support universal service.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 15, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 535 (H.B. 2603), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 751 (S.B. 583), Sec. 6, eff. June 14, 2013.
For expiration of Subsections (a), (c), (d), and (e)–(m), see Subsection (n).
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter B. Universal Service Fund › Section 56.033. Support Available to Deregulated Markets

Sec. 56.033.  SUPPORT AVAILABLE TO DEREGULATED MARKETS.  (a)  An incumbent local exchange company may not receive support from the universal service fund for a deregulated market that has a population of at least 30,000.
(b)  An incumbent local exchange company may receive support from the universal service fund for a deregulated market that has a population of less than 30,000 only if the company demonstrates to the commission that the company needs the support to provide basic local telecommunications service at reasonable rates in the affected market.  A company may use evidence from outside the affected market to make the demonstration.
(c)  An incumbent local exchange company may make the demonstration described by Subsection (b) in relation to a market before submitting a petition to deregulate the market.
Added by Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 11, eff. January 2, 2012.
Redesignated from Utilities Code, Section 56.032 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(54), eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.101. Purpose

Sec. 56.101.  PURPOSE.  The purpose of this subchapter is to provide for the uniform and coordinated provision by one telecommunications carrier of a statewide telecommunications relay access service for persons with an impairment of hearing or speech.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.102. Telecommunications Relay Access Service

Sec. 56.102.  TELECOMMUNICATIONS RELAY ACCESS SERVICE.  (a)  The commission shall adopt and enforce rules establishing a statewide telecommunications relay access service for the use of a person with an impairment of hearing or speech.
(b)  The commission rules shall provide that the service must:
(1)  use specialized communications equipment, such as a telecommunications device for the deaf, and operator translations;  and
(2)  meet the criteria provided by Sections 56.103, 56.104, and 56.105.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.103. Telecommunications Relay Access Service Requirements

Sec. 56.103.  TELECOMMUNICATIONS RELAY ACCESS SERVICE REQUIREMENTS.  (a)  The telecommunications relay access service shall provide a person with an impairment of hearing or speech with access to the telecommunications network in this state equivalent to the access provided other customers.
(b)  The service consists of:
(1)  switching and transmission of the call;
(2)  live or automated verbal and print translations of communications between a person with an impairment of hearing or speech who uses a telecommunications device for the deaf or a similar automated device and a person who does not have such equipment;  and
(3)  other service enhancements proposed by the carrier and approved by the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.104. Telecommunications Relay Access Service Charges

Sec. 56.104.  TELECOMMUNICATIONS RELAY ACCESS SERVICE CHARGES.  (a)  For a call made using the telecommunications relay access service, the person calling or called:
(1)  may not be charged for a call that originates and terminates in the same local calling area;  and
(2)  shall pay one-half of the total charges established by contract with the commission for intrastate interexchange calls.
(b)  Charges related to providing the service that, under Subsection (a), are not charged to a person calling or called shall be funded from the universal service fund, as specified by the service provider's contract with the commission.
(c)  A local exchange company may not impose an interexchange carrier access charge on a call using the service that originates and terminates in the same local calling area.
(d)  A local exchange company shall provide billing and collection services for the service at just and reasonable rates.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.