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A BILL TO BE ENTITLED
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AN ACT
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relating to repairs to be completed by telecommunications utility |
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providers during a state declared disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.104, Texas Utilities Code, is amended |
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by adding Section 52.104 (4) as follows: |
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Section 52.104. COMMISSION MAY INVESTIGATE |
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(4) "As established by commission rule, complaints received |
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by the commission regarding a specific telecommunications utility |
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provider's response to repairs, maintenance and restoration of |
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service to areas affected by an event constituting a state declared |
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disaster or emergency shall be investigated by the commission in |
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conjunction with the Texas Office of Attorney General. A report of |
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the investigation shall be submitted to the commission, the Federal |
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Communications Commission or successor regulatory agency, and made |
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available to the public within ninety (90) days of the notice of the |
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complaint. |
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(a) Based on findings of fact from this investigation, the |
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commission shall impose monetary penalties and other enforcement |
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actions deemed appropriate, with a minimum amount assessed at |
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$1,000 per occurrence or per day, whichever is greater. The |
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commission may also recommend criminal charges be pursued. |
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(b) The commission may adopt establish rules and guidelines |
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for lengths of time deemed appropriate to reasonably make repairs |
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and restore telecommunications service for counties having a |
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population of 50,000 or less, but the maximum permitted time to |
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restore service shall be ten (10) working days. A |
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telecommunications provider may petition the commission for an |
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extension of this time frame. Any telecommunications provider |
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seeking an extension of the time frame shall provide notice to its |
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affected customers, by way of notice provisions and requirements |
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promulgated by the commission. |
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(c) For purposes of this section, complaints shall include |
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any complaint relating to any conduct or state declared disaster or |
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emergency occurring after January 1, 2018. |
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SECTION 2. This ACT takes effect on September 1, 2019. |