Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter F. REGULATION OF TELECOMMUNICATIONS SERVICE
16 TAC §26.127
The Public Utility Commission of Texas (commission) proposes
an amendment to §26.127, relating to Abbreviated Dialing Codes. The proposed
amendment will designate the use of the abbreviated dialing code "811" for
"One Call" advanced notification and inquiry related to excavation activities
and underground facilities. This proposed amendment implements
Use of N11 Codes and Other Abbreviated Dialing Arrangements
, Sixth
Report and Order, CC Docket No. 92-105, FCC 05-59 (Mar. 14, 2005) (Order),
in which the Federal Communications Commission (FCC) designated 811 for One
Call purposes. The use of 811 is intended to replace a myriad of telephone
numbers with a nationally uniform number to allow contractors and property
owners to give advance notice of excavation plans and allow facility operators
to mark underground facilities prior to excavation to prevent facilities damage
and service outages. Project Number 32000 is assigned to this proceeding.
Janis Ervin, Senior Policy Specialist, Infrastructure Reliability Division,
and Mark Hallmark, Attorney, Legal Division, have determined that for each
year of the first five-year period the proposed amendment is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the amended section.
Ms. Ervin and Mr. Hallmark have determined that for each year of the first
five years the proposed amendment is in effect, the public benefit anticipated
as a result of enforcing the amended section will be the use of a uniform
abbreviated dialing code that facilitates notice of excavation to facility
operators and allows facility operators to protect underground facilities,
thereby reducing the possibility of facilities damage and service disruptions.
There will be no adverse economic effect on small businesses or micro-businesses
as a result of enforcing this amended section. There is no anticipated economic
cost to persons who are required to comply with the amendment as proposed.
The Texas Underground Facility Notification Corporation (doing business as
One Call Board of Texas) currently operates a toll free-number (1-800-545-6005)
for "One Call" purposes. It is anticipated that calls to the current toll-free
number will be gradually migrated to the abbreviated dialing code within the
two-year timeframe envisioned by the FCC's Order.
Ms. Ervin and Mr. Hallmark have also determined that for each year of the
first five years the proposed amendment is in effect there should be no effect
on a local economy, and therefore no local employment impact statement is
required under Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking,
only if requested pursuant to the Texas 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, August 29, 2006 at 10:00
a.m. The request for a public hearing must be received within 30 days after
publication.
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.
Parties are also requested to e-mail an electronic copy of comments to janis.ervin@puc.state.tx.us,
if possible. Comments should be organized in a manner consistent with the
organization of the proposed amendment. The commission invites specific comments
regarding the costs associated with, and benefits that will be gained by,
implementation of the proposal. The commission will consider the costs and
benefits in deciding whether to adopt the amended section. All comments should
refer to Project Number 32000.
This amendment is proposed under
Use
of N11 Codes and Other Abbreviated Dialing Arrangements
, Sixth Report
and Order, CC Docket No. 92-105, FCC 05-59 (Mar. 14, 2005) and Texas Utilities
Code §14.002, which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction.
Cross Reference to Statutes: Texas Utilities Code §14.002, §251.001
et seq.
§26.127.Abbreviated Dialing Codes.
(a)
Code assignments. The following abbreviated dialing codes
may be used in Texas:
(1) - (6)
(No change.)
(7)
811--
One Call Excavation Notification
[
(8)
(No change.)
(b) - (e)
(No change.)
(f)
811 service.
(1)
Scope and purpose. This subsection applies to the assignment,
provision, and termination of 811 service. Through this subsection, the commission
implements the Federal Communications Commission's requirements in
Use of N11 Codes and Other Abbreviated Dialing Arrangements
, Sixth
Report and Order, CC Docket No. 92-105, FCC 05-59 (Mar. 14, 2005), that designated
811 as the national abbreviated dialing code to be used by state One Call
notification systems for providing advanced notice of excavation activities
to underground facility operators in compliance with the Pipeline Safety Improvement
Act of 2002. The commission intends to reduce the possibility of disruptions
to underground facilities by implementing 811 service. Implementation of 811
service will facilitate advance notice by excavators of planned excavations
to facility operators, allowing facility operators to mark and prepare their
facilities before excavation.
(2)
Authority. Authority for One Call Excavation Notification
resides with the Texas Underground Facility Notification Corporation (doing
business as One Call Board of Texas) pursuant to Section 251 of the Texas
Utilities Code.
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 June 29, 2006.
TRD-200603526
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 936-7208
Chapter 78.
TALENT AGENCIES
The Texas Department of Licensing and Regulation ("Department") proposes
amendments to existing rules at 16 Texas Administrative Code ("TAC"), §§78.1,
78.10, 78.20, 78.21, 78.30, 78.40, 78.70, 78.72, 78.75, 78.80, and 78.90 and
proposes the repeal of existing rules at 16 Texas Administrative Code §§78.22,
78.71, 78.74, 78.82, and 78.100 regarding the talent agency program.
The proposed amendments and repeals arise as a result of the department's
rule review process. On May 20, 2005, the department published a Notice of
Intent to Review the talent agency rules in the
Texas Register
(30 TexReg 3040). The public comment period closed on
June 20, 2005. The department received two written comments from individuals
and/or organizations with suggested rule changes. The department determined
that the reasons for initially adopting talent agency rules continued to exist
and that the rules were essential to implementing Texas Occupations Code,
Chapter 2105. The rule review was adopted on August 3, 2005 by the Commission
of Licensing and Regulation. On August 30, 2005, the department hosted an
external focus group to discuss the talent agency rules. Talent agencies,
trade associations, and other interested parties attended the focus group
meeting. Based on the two written comments received during the rule review
process and the numerous oral comments received during the external focus
group meeting, the department proposes amendments and repeals to the talent
agency rules to clarify the statutory and rule requirements.
The proposed amendments and repeal are necessary to clarify registration
requirements, such as out-of-state talent agency websites and advertisements
in Texas and out-of-state talent agencies operating temporarily in Texas;
to delete references within the chapter to "open model calls" and "personal
agents" to emphasize that a talent agency is a person or entity under any
name or title who is in the business of performing services described under
the Act; to add registration requirements relating to a talent agency's change
of ownership and change of location and to state initial and renewal application
requirements; to remove certain exemptions from the chapter that are not statutorily
based; to clarify surety bond requirements and add submission of proof of
a surety bond in good standing for talent agency renewal registrations to
improve compliance with the Act and to protect consumers; to remove an existing
provision that allows out-of-state agencies to operate in Texas if hosted
by a Texas-registered talent agency; to remove a requirement for talent agencies
to file a schedule of commissions and fees with the department; to clarify
the statutory prohibition against registration or advance fees in light of
industry concerns for talent agencies' ability to charge artists fees for
internet websites, photographs, and training sessions; to clarify the number
of days in which a talent agency must deposit monies received from a client
and the number of days in which to disburse those monies to the artist; to
clarify the existing annual fee, without substantive change, and to reduce
the fee for a talent agency to obtain a revised/duplicate certificate of registration;
and to clarify sanctions against a talent agency when the talent agency holds
a registration at more than one Texas location.
An amendment to §78.1, "Authority," deletes the reference to Chapter
53 of the Texas Occupations Code because Chapter 53 is not an authority under
which the rules are promulgated. Occupations Code, Chapter 53 remains applicable
by its terms and the department's rules under 16 TAC Chapter 60, to require
the department to review criminal conviction backgrounds for license applicants.
Proposed new §78.10(1) adds a definition for "Act," for easier reference
to Texas Occupations Code, Chapter 2105, the statute regulating talent agencies.
Proposed §78.10(2) updates the existing statutory citation to refer
to the "Act" within the definition of "artist." There is no substantive change
to this paragraph.
An amendment to existing §78.10(2) deletes the definition of "mother
agency" in its entirety. A definition for this term is unnecessary because
concurrently proposed rules delete the reference to this term within the chapter.
Proposed §78.10(3) adds a definition for "financial interest" because
a concurrently proposed rule under §78.70(b) utilizes this phrase.
An amendment to existing §78.10(3) deletes the definition of "open
model call" in its entirety. A definition for this term is unnecessary because
concurrently proposed rules delete the reference to this term within the chapter.
Proposed §78.10(4) adds a definition for a talent agency owner because
the term is used throughout the chapter. The proposed rule is based on §2105.052
of the Act.
Proposed §78.10(5) amends the definition of "talent agency location"
for consistency with concurrently proposed rules under §78.20. Texas
and out-of-state talent agencies must have a registration in accordance with §78.20.
An amendment to §78.20(a) deletes portions of existing subsection
(a) in order to relocate and clarify those portions to concurrently proposed §78.20(b)
and (c) for better understandability. An amendment to this subsection adds
a phrase to emphasize that registration is required "for each talent agency
location," as required under the Act. The proposed rule adds clarification
that a Texas-registered talent agency may operate from a temporary location
in Texas.
An amendment to existing §78.20(b) deletes this provision in its entirety
in order to address a person's registration requirement based on concurrently
proposed §78.20(b).
Proposed §78.20(b) and (c) seek to clarify language relocated from
existing subsection (a) relating to the registration requirements under that
section requiring a registration for talent agencies that have "a place of
business in Texas," that "recruit artists from a temporary location in Texas,"
or that "advertise in Texas." Proposed §78.20(b) restates, without substantive
change, existing language from subsection (a) requiring talent agencies that
have a place of business or a temporary location in Texas to obtain a certificate
of registration to operate the talent agency. Also, proposed §78.20(b)
emphasizes that a talent agency is a person by any name or title who is in
the business of performing the services described under the Act. This language
is consistent with the Act and clarifies the references in existing §78.20(a)
and (b) relating to "personal agents or any persons under any name or title"
and "model call or casting call" whose actions fall within the scope of the
Act.
Proposed §78.20(c) modifies the existing language relocated from existing §78.20(a)
that requires persons who "advertise in Texas" to obtain a Texas certificate
of registration. Proposed subsection (c) clarifies that the performance of
a service under the Act at a place of business or temporary location in Texas
is required to trigger the registration requirements. Specifically, advertisements
in Texas and/or websites alone do not trigger the Texas talent agency registration
requirements without the performance of any service described under the Act
at a Texas location for Texas artists.
Proposed §78.20(d) clarifies registration requirements for persons
who operate as a talent agency, as defined under the Act, from a temporary
location in Texas. The proposed rule requires such persons to register their
out-of-state principal place of business and submit the name, address, and
telephone number of their registered agent.
Existing §78.20(d) is deleted in its entirety because an applicant's
affirmation of reading and being familiar with Chapter 2105 is unnecessary;
compliance with the law is required.
Proposed §78.20(e) clarifies the existing rule to state that a certificate
of registration is not transferable to another person, adds a definition for
"change of ownership" for clarification, and deletes the word "assignable"
as duplicative of the existing language that prohibits the transfer of a certificate
of registration.
Proposed §78.20(f) adds a provision clarifying that a talent agency
that relocates to a new location must obtain a revised/duplicate registration
prior to operating at the new location. This informs talent agencies of their
obligations in registering each talent agency location and also clarifies
that a location transfer is not a prohibited transfer of a certificate of
registration.
Existing §78.20(f) is deleted in its entirety because it is unnecessary;
compliance with the law is required.
Proposed §78.20(g) clarifies that applicants using an assumed name
must comply with the Texas Business and Commerce Code, Chapter 36 as amended.
The additional language clarifies license holders' on-going responsibilities
under that law.
Existing §78.20(g) is deleted in its entirety. Providing copies to
the department of a talent agency's registration with the Secretary of State
and county clerks is unnecessary.
A proposed amendment to §78.21 re-titles this section to include "renewals"
in accordance with a concurrently proposed repeal of §78.22, relating
to renewal registrations.
Existing §78.21(a) is deleted in its entirety. The application form
will require signature(s) of the talent agency owner(s).
Existing §78.21(b)(1) is deleted in its entirety. The application
form will require identifying information of the talent agency owner(s).
Existing §78.21(b)(2) and (3) are deleted from registration requirements.
The concept of disclosure of a talent agency owner's financial interest in
video productions, photograph studios, and acting and modeling schools, etc.
is relocated from the registration requirements and moved to consumer disclosure
requirements, in concurrently proposed §78.70(b), relating to registrant
responsibilities.
Existing §78.21(b)(4) is deleted because the requirement for talent
agencies to file a schedule of commissions and fees with the department is
concurrently proposed for repeal under §78.71.
Proposed §78.21(a) identifies the criteria to obtain an initial talent
agency certificate of registration. The requirement to submit a business's
assumed name documents is pursuant to existing §78.20(e) relating to
compliance with the Assumed Business or Professional Name Act.
Proposed §78.21(b) creates a section to state the criteria to obtain
a renewal certificate of registration. The proposed criteria for a renewal
registration are to complete a department-approved renewal form, submit proof
that the talent agency's bond is in good standing and has not been canceled,
and submit a fee in accordance with §78.80. The requirement to submit
proof of a bond in good standing ensures compliance with the existing surety
bond requirements of the Act and the chapter.
Proposed §78.21(c) is language relocated from existing §78.74(a),
relating to the requirement for a talent agency to submit a change of information
within 30 days of the change. Also, the proposed rule adds references to specific
types of information changes, such as a change of ownership and a change of
location, which have different timelines within the chapter to submit changes
of information.
Proposed §78.21(d) is language relocated without substantive change
from existing §78.74(b), relating to the requirement for a talent agency
to obtain a revised registration when information on the face of the registration
changes.
Existing §78.22 is repealed. Renewal registration requirements are
concurrently proposed under §78.21. The existing provision relating to
submitting a change in information is relocated to concurrently proposed §78.21(b).
An amendment to existing §78.30(1) clarifies an exemption for a parent
to provide talent agency services to the parent's own minor child without
obtaining a talent agency registration. Unless otherwise provided by a court
order, a parent is the lawful representative of the parent's minor child.
Existing §78.30(2) is deleted in its entirety. The Act does not authorize
an exemption for labor unions. If a labor union, or any person under any name
or title, is in the business of performing services of a talent agency as
described under the Act, then a certificate of registration is required.
Proposed §78.30(2) deletes a reference to operating "a talent agency
in conjunction with a person's own business" as duplicative to the existing
language in that section for a business to obtain artists for the exclusive
purpose of employment in that business.
Existing §78.30(4) is deleted in its entirety. The Act does not authorize
an exemption for attorneys. If the attorney, or any person under any name
or title, is in the business of performing services of a talent agency as
described under the Act, then a certificate of registration is required.
A proposed amendment to §78.40 re-titles this section to state "financial"
security requirements, without substantive change.
Proposed §78.40(a) clarifies the existing term "continuous" to specifically
state that a bond must be effective for the entire time period of the registration
and for a period of two years from the date the talent agency ceases to hold
a valid and active registration. This language is a restatement of §2105.052(c)
and §2105.106 of the Act.
Proposed §78.40(c) imposes a duty on valid and active talent agency
certificate holders to, prior to the date the agency ceases to hold a valid
and active registration, submit proof a surety bond is effective for two years
after to the date that the talent agency will cease to hold a valid and active
registration.
Existing §78.40(c) is deleted in its entirety. The Act does not allow
an applicant to submit a cash performance alternative in lieu of a surety
bond.
Proposed §78.40(d) reorganizes the enforcement provision for failing
to maintain a bond, without substantive change.
Proposed §78.70(a) substitutes the word "and" for the existing word
"or" in requiring talent agency publications "and" advertisements to state
the talent agency's registered name, address, and registration number.
Existing §78.70(b) is deleted in its entirety. Proposed §78.20
state the registration requirements for out-of-state talent agencies. Specifically,
an out-of-state talent agency that performs services described under the Act
from a place of business or temporary location in Texas must obtain a Texas
certificate of registration, in accordance with the Act and chapter.
Proposed §78.70(b) clarifies that a talent agency may charge for a
product or service so long as the fee is not a condition of registration or
representation. Pursuant to §2105.201(b)(1) of the Act, a talent agency
may not charge, as a condition of registering an applicant or representing
an artist a registration or advance fee. The proposed subsection (b) clarifies
that so long as the charge is not a condition of registration or representation,
then a talent agency may charge a fee for a service or product. Also, proposed
subsection (b) relocates from existing §78.21(b)(1) to this section,
a talent agency's financial interest disclosure requirement and provides information
to artists under §2105.201 and §2105.202 of the Act.
Proposed §78.70(c) adds a disclosure requirement for talent agencies
to disclose on every contract with an artist, the name, address and telephone
number of the department with a statement that the talent agency is regulated
by the department. This informs artists that talent agencies are regulated
in Texas.
Proposed §78.70(d) is relocated language from existing §78.71(d)
requiring talent agencies to provide to artists the amounts of commissions
and fees to be charged to an artist. Proposed §78.70(d) adds that a talent
agency's commissions and fees must be stated within an artist's contract and
a concurrent proposed repeal of §78.71 removes the requirement for talent
agencies to file a schedule of commissions and fees with the department.
Section 78.71 is proposed for repeal in its entirety. This proposal means
that talent agencies would no longer be required to file a schedule of commissions
and fees with the department. Concurrently proposed §78.70(d) requires
a talent agency to disclose the commissions and fees a talent agency charges
an artist in the artist's contract. Existing §78.71(e), requiring an
artist to be provided a copy of the signed contract is also included in concurrently
proposed §78.70(d). Existing §78.71(f) is relocated to proposed §78.72(c)
and clarified.
A proposed amendment to the title of §78.72 is a grammatical change
to add the word "the."
Proposed §78.72(a) clarifies the number of days in which a talent
agency must deposit monies received from a client on behalf of an artist to
proposed language of 7 calendar days because calendar days are easier to count
than the existing "banking" days.
Proposed §78.72(b) deletes the phrase "unless a written contract to
the contrary exists" because §2105.105 of the Act requires the department
to determine by rule the disbursements of funds. Also, proposed §78.72(b)
clarifies the number of days in which a talent agency must disburse monies
owed to an artist to proposed language of 14 calendar days because calendar
days are easier to count than the existing "banking" days. Also, the proposed
amendment includes relocated language from existing §78.75(d) requiring
that a talent agency's disbursement of monies shall include a written statement
of the specific nature and amount charged to the artist.
Proposed §78.72(c) is relocated language from existing §78.71(f)
that is clarified to require a talent agency's disclosure of the terms of
agreement(s) between the talent agency and client(s), pertaining to the artist,
within 48 hours of the artist's request.
Section 78.74 is proposed for repeal in its entirety because the responsibilities
existing in this section are concurrently proposed in §78.21(b) and (c),
without substantive change. This repeal and the concurrently proposed rule
organizes the registration requirements for better understandability.
Existing §78.75(a) is deleted in its entirety. Concurrently proposed §78.75(a)
conforms to statutory language under §2105.201(b)(1) of the Act and adds
examples that are pertinent to the industry. The examples given mirror the
statutory standard under §2105.201(b)(1).
Existing §78.75(b) is deleted in its entirety. The topic of splitting
or sharing fees is concurrently addressed in proposed §78.75(b) and clarifies
the language to conform to statutory language under §2105.201(b)(2) of
the Act.
Existing §78.75(c) is deleted in its entirety. The Act and concurrently
proposed rules in this chapter address a talent agency's collection of monies
from an artist.
Proposed §78.75(c) is a restatement of §2105.202 of the Act,
added to the chapter for emphasis in stating a talent agency's prohibited
acts.
Existing §78.75(d) is deleted in its entirety because the topic is
relocated to concurrently proposed §78.72(b).
Existing §78.75(e) is deleted in its entirety. The Act and concurrently
proposed rules in this chapter address a talent agency's collection of monies
from an artist.
Proposed §78.80(a) restates a talent agency's annual certificate of
registration requirement. Under existing §78.80(a) and (b), the amounts
of $100 and $300, respectively, are currently charged for a talent agency's
filing fee and annual certificate of registration. Proposed §78.80(a)
groups these fees together for a single fee of $400, without substantive change.
Also, without change, proposed §78.80(b) adds clarification that renewal
registrations are $400. This is not a change from the previously imposed amount
for the "annual" registration.
Proposed §78.80(c) reduces the fee for updating certificates of registrations
and obtaining a duplicate registration. Under existing §78.82(a) and
(b), concurrently proposed for repeal, the charge for filing an updated registration
is $100 and the change for printing a duplicate registration is $25, respectively.
Proposed §78.80(c) simplifies this process to one fee and reduces the
fee to $25 for a "revised/duplicate" registration. The remainder of the section
is relettered accordingly without substantive change.
Section 78.82 is proposed for repeal in its entirety because updated and
duplicate registrations are addressed in concurrently proposed in §78.80(c).
This repeal and the concurrently proposed rule under §78.80(c) reorganize
the fee requirements for better understandability.
Proposed §78.90(a) is clarified without substantive change.
Proposed §78.90(b) adds that a talent agency that holds two or more
certificates of registration for multiple talent agency locations may have
all talent agency location registrations included within a proceeding to impose
administrative sanctions and/or penalties. This proposed rule provides notice
to talent agencies that the talent agency owner's violations arising from
acts from one of the owner's talent agency locations may effect the talent
agency owner's ability to hold a certificate of registration at other locations
in Texas.
Section 78.100 is proposed for repeal in its entirety because explanations
of the parties' contractual rights are more fully addressed under the Act
and contract law.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments and repeal are in effect there
will be no cost to state or local government as a result of enforcing or administering
the proposal.
Mr. Kuntz also has determined that for each year of the first five-year
period the proposed amendments and repeal are in effect, the public benefit
will be rules that will clarify registration requirements under the Act for
both in-state and out-of-state persons operating a talent agency in Texas;
to improve existing talent agency disclosures to artists; to clarify prohibited
registration and advance fees under the Act; and to generally clarify the
rules for better readability and compliance.
Mr. Kuntz has determined that there will be an incidental economic effect
on large, small, or micro-businesses as a result of the proposed amendments
and repeal. There is an incidental increase in costs to talent agencies to
modify their existing talent agency contracts to comply with the proposed
amendments and repeal. There may be an incidental loss to talent agencies
that host open model calls for out-of-state talent agencies under existing §78.70(b)
by requiring a person who acts as a talent agency in Texas, including an out-of-state
talent agency, to obtain a Texas registration. There may be an incidental
reduction in costs for talent agencies to no longer file a commission and
fee schedule. There is a reduction in cost for talent agencies to obtain a
revised or duplicate registration.
Comments on the proposal may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
Business Office
]; and
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION