Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter A. GENERAL PROVISIONS
16 TAC §26.4
The Public Utility Commission of Texas (commission) proposes
an amendment to §26.4 relating to Statement of Nondiscrimination. The
proposed amendment will implement the provisions of the Public Utility Regulatory
Act (PURA) §17.004(a)(4) and §64.004(a)(4), both of which add "income
level" and "source of income" as protected categories, and adds a prohibition
on "unreasonable discrimination on the basis of geographic location." Project
Number 22706 is assigned to this proceeding.
A previous proposed amendment to §26.4 was published in the
John S. Capitano, Jr., Senior Investigator, Customer Protection Division,
has determined that for each year of the first five-year period the proposed
section is in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the section.
Mr. Capitano has determined that for each year of the first five years
the proposed section is in effect the public benefit anticipated as a result
of enforcing the section will be greater protection of the public interest,
a reduction in the number of public complaints concerning disparate treatment,
and an increase in compliance with the provisions of PURA by telecommunications
providers. There will be no effect on small businesses or micro-businesses
as a result of implementing this section. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Mr. Capitano has also determined that for each year of the first five years
the proposed section is in effect there should be no effect on the local economy,
and, therefore, no local employment impact statement is required under Administrative
Procedures Act §2001.022.
The commission staff will conduct a public hearing on this rulemaking pursuant
to Government Code §2001.029 at the commission's offices located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Tuesday, October 24, 2000. The hearing will be held in the Commissioners'
Hearing Room from 9:30 a.m. to 11:30 a.m.
Comments on the proposed amendment (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
P.O. Box 13326, Austin, Texas 78711-3326 within 30 days after publication.
Reply comments may be submitted within 45 days after publication. The commission
invites specific comments regarding the costs associated with, and benefits
that will be gained by, implementation of the proposed amendment. All comments
should refer to Project Number 22706.
This amendment is proposed under Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2000)
(PURA), which provides the Public Utility Commission with the authority to
make and enforce rules reasonably required in the exercise of its powers and
jurisdiction, and specifically, PURA §17.004(a)(4) and §64.004(a)(4),
that require protection from discrimination on the basis of race, color, sex,
nationality, religion, marital status, income level, or source of income and
from unreasonable discrimination on the basis of geographic location.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
17.004(a)(4), and 64.004(a)(4).
§26.4.Statement of Nondiscrimination.
(a)
No
telecommunications provider
[
(b)
No telecommunications provider
shall unreasonably discriminate on the basis of geographic location.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on August 11, 2000.
TRD-200005600
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 936-7308
Chapter 319.
VETERINARY PRACTICES AND DRUG TESTING
Subchapter D. DRUG TESTING
3.
PROVISIONS FOR HORSES
utility
] shall discriminate on the basis of race, nationality, color,
religion, sex, [
or
]marital status
, income level, or source
of income
.
Part 8.
TEXAS RACING COMMISSION