83R9111 TJB-F By: Hilderbran H.B. No. 3389 A BILL TO BE ENTITLED AN ACT relating to apportionment of the programming and subscription revenue of direct-to-home satellite service providers under the franchise tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 171.106, Tax Code, is amended by adding Subsection (h) to reads as follows: (h) A direct-to-home satellite service provider shall include in the numerator of the provider's apportionment factor programming and subscription revenue only if the programming is transmitted from a location within this state. In this subsection, "programming and subscription revenue" means recurring charges received from customers for basic and premium video, audio, interactive, or other television programming. The term does not include charges for the sale, rental, or use of satellite dishes, set-top receivers, remote controls, or other related non-transmission equipment. SECTION 2. This Act applies only to a report originally due on or after the effective date of this Act. SECTION 3. This Act takes effect January 1, 2014.