S.B. No. 259

	AN ACT
	relating to telecommunications services and markets.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 52.007, Utilities Code, is amended by
	adding Subsections (d-1), (d-2), and (d-3) to read as follows:
	(d-1)  The commission may not require a nondominant carrier
	to obtain advance approval for a filing with the commission or a
	posting on the nondominant carrier's Internet website that adds,
	modifies, withdraws, or grandfathers a retail service or the
	service's rates, terms, or conditions.
	(d-2)  In this subsection, "deregulated company" and
	"transitioning company" have the meanings assigned by Section
	65.002.  The commission may not require a deregulated company or
	transitioning company to obtain advance approval for a filing with
	the commission or a posting on the company's Internet website that
	adds, modifies, withdraws, or grandfathers:
	(1)  a nonbasic retail service or the service's rates,
	terms, or conditions; or
	(2)  for a market that has been deregulated, a basic
	network service or the service's rates, terms, or conditions.
	(d-3)  Unless an interconnection agreement contract
	specifies otherwise, an incumbent local exchange carrier shall
	continue to provide to affected resellers of retail services the
	same notice of rate changes or withdrawal of detariffed services
	that it was required to provide prior to detariffing.
	SECTION 2.  Section 52.154, Utilities Code, is amended to
	read as follows:
	Sec. 52.154.  COMMISSION MAY NOT OVERBURDEN. The commission
	may not, by a rule or regulatory practice adopted under this
	chapter, impose on a nondominant telecommunications utility a
	greater regulatory burden than is imposed on:
	(1)  a holder of a certificate of convenience and
	necessity serving the same area; or
	(2)  a deregulated company, as defined by Section
	65.002, that:
	(A)  has 500,000 or more access lines in service
	at the time it becomes a deregulated company; or
	(B)  serves an area also served by the nondominant
	telecommunications utility [serving the same area].
	SECTION 3.  Subchapter E, Chapter 58, Utilities Code, is
	amended by adding Section 58.156 to read as follows:
	Sec. 58.156.  REGULATION OF SERVICES.  Sections 55.001,
	55.002, 55.003, and 55.004 do not apply to retail nonbasic services
	offered by an electing company or by a transitioning company, as
	defined by Section 65.002.
	SECTION 4.  Section 65.101, Utilities Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  A deregulated company that holds a certificate of
	operating authority is a nondominant carrier.
	SECTION 5.  Section 65.102, Utilities Code, is amended to
	read as follows:
	Sec. 65.102.  REQUIREMENTS. (a)  A deregulated company that
	holds a certificate of operating authority issued under this
	subchapter[:
	[(1)     is a nondominant carrier governed in the same
	manner as a holder of a certificate of operating authority issued
	under Chapter 54;
	[(2)]  is not required to:
	(1) [(A)]  fulfill the obligations of a provider of
	last resort;
	(2) [(B)]  comply with retail quality of service
	standards or reporting requirements;
	(3) [(C)]  file an earnings report with the commission
	unless the company is receiving support from the Texas High Cost
	Universal Service Plan; or
	(4) [(D)]  comply with a pricing requirement other than
	a requirement prescribed by this subchapter[; and
	[(3)     is subject to the following provisions in the
	same manner as an incumbent local exchange company that is not
	deregulated:
	[(A)  Sections 54.156, 54.158, and 54.159;
	[(B)  Section 55.012; and
	[(C)  Chapter 60].
	(b)  Notwithstanding any other provision of this title, the
	commission has only the authority provided by this section over a
	deregulated company that holds a certificate of operating authority
	issued under this subchapter.  Subject to Subsection (c), the
	following provisions apply to a deregulated company and may be
	enforced by the commission using the remedies provided by
	Subchapter B, Chapter 15, and Subsection (d):
	(1)  Subchapter A, Chapter 15;
	(2)  Subchapters A, C, and D, Chapter 17, as applicable
	to carriers holding a certificate of operating authority;
	(3)  Sections 52.007, 52.060, and 52.156;
	(4)  Sections 54.001, 54.002, 54.003, 54.004, 54.005,
	54.006, 54.008(a), 54.101, 54.102, 54.103, 54.105, 54.151, 54.156,
	54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261;
	(5)  Sections 55.010, 55.015, 55.123, 55.133, 55.134,
	55.136, and 55.137;
	(6)  Chapter 56, except Subchapters F and G;
	(7)  Chapter 60;
	(8)  Chapter 62;
	(9)  Subchapter E, Chapter 64;
	(10)  Sections 65.001, 65.002, 65.003, and 65.004, this
	subchapter, and Subchapter E of this chapter; and
	(11)  Chapter 66.
	(c)  Nothing in this subchapter affects the continuing
	applicability of the following provisions of this title:
	(1)  Sections 51.003 and 51.010(c);
	(2)  Section 52.002(d);
	(3)  Sections 54.204, 54.205, and 54.206; and
	(4)  Section 65.051.
	(d)  The commission may hear complaints of retail and
	wholesale customers against deregulated companies that are in the
	scope of the commission's authority provided by this section.
	[Except as provided by Subsection (c), in each deregulated market,
	a deregulated company shall make available to all residential
	customers uniformly throughout that market the same price, terms,
	and conditions for all basic and non-basic services, consistent
	with any pricing flexibility available to such company.
	[(c)     A deregulated company may offer to an individual
	residential customer a promotional offer that is not available
	uniformly throughout the market if the company makes the offer
	through a medium other than direct mail or mass electronic media and
	the offer is intended to retain or obtain a customer.]
	SECTION 6.  Section 55.012, Utilities Code, is repealed.
	SECTION 7.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 259 passed the Senate on
	March 13, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 259 passed the House on
	May 15, 2013, by the following vote:  Yeas 145, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor