| 18 | | - | under Subsection (a) for a given calendar year if the provider |
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| 19 | | - | determines that the sum of the compensation due from the provider |
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| 20 | | - | and any member of the provider's affiliated group to all |
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| 21 | | - | municipalities in this state under Subsection (a) is less than the |
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| 22 | | - | sum of the fees due from the provider and any member of the |
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| 23 | | - | provider's affiliated group to all municipalities in this state |
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| 24 | | - | under Section 66.005, Utilities Code. The determination under this |
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| 25 | | - | subsection for a given year must be based on amounts actually paid, |
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| 26 | | - | or amounts that would have been paid notwithstanding this |
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| 27 | | - | subsection, during the 12-month period ending June 30 of the |
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| 28 | | - | immediately preceding calendar year by the provider and any member |
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| 29 | | - | of the provider's affiliated group. In the case of a conflict |
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| 30 | | - | between this subsection and Section 283.055, this subsection |
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| 31 | | - | prevails. |
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| 32 | | - | (e) Notwithstanding the aggregate amount of compensation or |
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| 33 | | - | fees paid in this state calculated under Subsection (d), Subsection |
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| 34 | | - | (d) does not exempt a certificated telecommunications provider from |
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| 35 | | - | paying compensation under Subsection (a) to a municipality if the |
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| 36 | | - | provider is not required to pay a fee authorized by Section 66.005, |
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| 37 | | - | Utilities Code, or another fee described in 47 U.S.C. Section |
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| 38 | | - | 542(g), to that municipality. This subsection applies only to a |
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| 39 | | - | municipality described in this subsection and does not limit the |
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| 40 | | - | application of Subsection (d) to any other municipality. |
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| 41 | | - | (f) A certificated telecommunications provider shall file, |
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| 42 | | - | not later than October 1 of each year, an annual written |
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| 43 | | - | notification with each municipality in which the provider provides |
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| 44 | | - | telecommunications services of the provider's requirement to pay |
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| 45 | | - | compensation under Subsection (a) or exemption from the requirement |
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| 46 | | - | to pay compensation under Subsection (d) for the following calendar |
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| 47 | | - | year. |
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| 16 | + | under Subsection (a) for a given year if the provider determines |
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| 17 | + | that the sum of the compensation due from the provider and any |
|---|
| 18 | + | member of the provider's affiliated group to all municipalities in |
|---|
| 19 | + | this state under Subsection (a) is less than the sum of the fees due |
|---|
| 20 | + | from the provider and any member of the provider's affiliated group |
|---|
| 21 | + | to all municipalities in this state under Section 66.005, Utilities |
|---|
| 22 | + | Code. The determination under this subsection for a given year must |
|---|
| 23 | + | be based on amounts actually paid, or amounts that would have been |
|---|
| 24 | + | paid notwithstanding this subsection, during the immediately |
|---|
| 25 | + | preceding calendar year by the provider and any member of the |
|---|
| 26 | + | provider's affiliated group. In the case of a conflict between this |
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| 27 | + | subsection and Section 283.055, this subsection prevails. |
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| 54 | 34 | | determines that the sum of fees due from the holder and any member |
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| 55 | 35 | | of the holder's affiliated group to all municipalities in this |
|---|
| 56 | 36 | | state under Subsection (a) is less than the sum of the compensation |
|---|
| 57 | 37 | | due from the holder and any member of the holder's affiliated group |
|---|
| 58 | 38 | | to all municipalities in this state under Section 283.051, Local |
|---|
| 59 | 39 | | Government Code. The determination under this subsection for a |
|---|
| 60 | 40 | | given year must be based on amounts actually paid, or amounts that |
|---|
| 61 | 41 | | would have been paid notwithstanding this subsection, during the |
|---|
| 62 | | - | 12-month period ending June 30 of the immediately preceding |
|---|
| 63 | | - | calendar year by the holder and any member of the holder's |
|---|
| 64 | | - | affiliated group. In the case of a conflict between this subsection |
|---|
| 65 | | - | and Section 283.055, Local Government Code, this subsection |
|---|
| 66 | | - | prevails. |
|---|
| 67 | | - | (e) Notwithstanding the aggregate amount of compensation or |
|---|
| 68 | | - | fees paid in this state calculated under Subsection (d), Subsection |
|---|
| 69 | | - | (d) does not exempt a holder of a state-issued certificate of |
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| 70 | | - | franchise authority from paying the fee imposed under Subsection |
|---|
| 71 | | - | (a) to a municipality if the holder is not required to pay |
|---|
| 72 | | - | compensation under Section 283.051, Local Government Code, to that |
|---|
| 73 | | - | municipality. This subsection applies only to a municipality |
|---|
| 74 | | - | described in this subsection and does not limit the application of |
|---|
| 75 | | - | Subsection (d) to any other municipality. Nothing in this |
|---|
| 76 | | - | subsection affects the application of Section 66.006 or 66.009 to |
|---|
| 77 | | - | any holder of a state-issued certificate of franchise authority. |
|---|
| 78 | | - | (f) A holder of a state-issued certificate of franchise |
|---|
| 79 | | - | authority shall file, not later than October 1 of each year, an |
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| 80 | | - | annual written notification with each municipality in which the |
|---|
| 81 | | - | holder provides cable or video services of the holder's requirement |
|---|
| 82 | | - | to pay the fee under Subsection (a) or exemption from the |
|---|
| 83 | | - | requirement to pay the fee under Subsection (d) for the following |
|---|
| 84 | | - | calendar year. |
|---|
| 85 | | - | SECTION 3. (a) The change in law made by this Act applies |
|---|
| 86 | | - | only to a payment made on or after January 1, 2020. A payment made |
|---|
| 87 | | - | before January 1, 2020, is governed by the law in effect on the date |
|---|
| 88 | | - | the payment was made, and the former law is continued in effect for |
|---|
| 89 | | - | that purpose. |
|---|
| 90 | | - | (b) A determination of compensation or fees described by |
|---|
| 91 | | - | Section 283.051(d), Local Government Code, as added by this Act, or |
|---|
| 92 | | - | Section 66.005(d), Utilities Code, as added by this Act, for the |
|---|
| 93 | | - | year 2020 must be based on amounts actually paid between July 1, |
|---|
| 94 | | - | 2018, and June 30, 2019. |
|---|
| 42 | + | immediately preceding calendar year by the provider and any member |
|---|
| 43 | + | of the provider's affiliated group. In the case of a conflict |
|---|
| 44 | + | between this subsection and Section 283.055, Local Government Code, |
|---|
| 45 | + | this subsection prevails. |
|---|
| 46 | + | SECTION 3. The change in law made by this Act applies only |
|---|
| 47 | + | to a payment made on or after the effective date of this Act. A |
|---|
| 48 | + | payment made before the effective date of this Act is governed by |
|---|
| 49 | + | the law in effect on the date the payment was made, and the former |
|---|
| 50 | + | law is continued in effect for that purpose. |
|---|