Texas 2019 - 86th Regular

Texas Senate Bill SB1152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1152
	1	+	86R24600 JXC-F
	2	+	By: Hancock S.B. No. 1152
	3	+	(Phelan)
	4	+	Substitute the following for S.B. No. 1152: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the payment of certain fees to municipalities by
6	10		entities that provide telecommunications and cable or video
7	11		services.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Section 283.051, Local Government Code, is
10	14		amended by adding Subsections (d), (e), and (f) to read as follows:
11	15		(d) In this subsection, "affiliated group" has the meaning
12	16		assigned by Section 171.0001, Tax Code. A certificated
13	17		telecommunications provider is not required to pay any compensation
14	18		under Subsection (a) for a given calendar year if the provider
15	19		determines that the sum of the compensation due from the provider
16	20		and any member of the provider's affiliated group to all
17	21		municipalities in this state under Subsection (a) is less than the
18	22		sum of the fees due from the provider and any member of the
19	23		provider's affiliated group to all municipalities in this state
20	24		under Section 66.005, Utilities Code. The determination under this
21	25		subsection for a given year must be based on amounts actually paid,
22	26		or amounts that would have been paid notwithstanding this
23	27		subsection, during the 12-month period ending June 30 of the
24	28		immediately preceding calendar year by the provider and any member
25	29		of the provider's affiliated group. In the case of a conflict
26	30		between this subsection and Section 283.055, this subsection
27	31		prevails.
28	32		(e) Notwithstanding the aggregate amount of compensation or
29	33		fees paid in this state calculated under Subsection (d), Subsection
30	34		(d) does not exempt a certificated telecommunications provider from
31	35		paying compensation under Subsection (a) to a municipality if the
32	36		provider is not required to pay a fee authorized by Section 66.005,
33	37		Utilities Code, or another fee described in 47 U.S.C. Section
34	38		542(g), to that municipality. This subsection applies only to a
35	39		municipality described in this subsection and does not limit the
36	40		application of Subsection (d) to any other municipality.
37	41		(f) A certificated telecommunications provider shall file,
38	42		not later than October 1 of each year, an annual written
39	43		notification with each municipality in which the provider provides
40	44		telecommunications services of the provider's requirement to pay
41	45		compensation under Subsection (a) or exemption from the requirement
42	46		to pay compensation under Subsection (d) for the following calendar
43	47		year.
44	48		SECTION 2. Section 66.005, Utilities Code, is amended by
45	49		adding Subsections (d), (e), and (f) to read as follows:
46	50		(d) In this subsection, "affiliated group" has the meaning
47	51		assigned by Section 171.0001, Tax Code. A holder of a state-issued
48	52		certificate of franchise authority is not subject to the fee
49	53		imposed under Subsection (a) for a given calendar year if the holder
50	54		determines that the sum of fees due from the holder and any member
51	55		of the holder's affiliated group to all municipalities in this
52	56		state under Subsection (a) is less than the sum of the compensation
53	57		due from the holder and any member of the holder's affiliated group
54	58		to all municipalities in this state under Section 283.051, Local
55	59		Government Code. The determination under this subsection for a
56	60		given year must be based on amounts actually paid, or amounts that
57	61		would have been paid notwithstanding this subsection, during the
58	62		12-month period ending June 30 of the immediately preceding
59	63		calendar year by the holder and any member of the holder's
60	64		affiliated group. In the case of a conflict between this subsection
61	65		and Section 283.055, Local Government Code, this subsection
62	66		prevails.
63	67		(e) Notwithstanding the aggregate amount of compensation or
64	68		fees paid in this state calculated under Subsection (d), Subsection
65	69		(d) does not exempt a holder of a state-issued certificate of
66	70		franchise authority from paying the fee imposed under Subsection
67	71		(a) to a municipality if the holder is not required to pay
68	72		compensation under Section 283.051, Local Government Code, to that
69	73		municipality. This subsection applies only to a municipality
70	74		described in this subsection and does not limit the application of
71	75		Subsection (d) to any other municipality. Nothing in this
72	76		subsection affects the application of Section 66.006 or 66.009 to
73	77		any holder of a state-issued certificate of franchise authority.
74	78		(f) A holder of a state-issued certificate of franchise
75	79		authority shall file, not later than October 1 of each year, an
76	80		annual written notification with each municipality in which the
77	81		holder provides cable or video services of the holder's requirement
78	82		to pay the fee under Subsection (a) or exemption from the
79	83		requirement to pay the fee under Subsection (d) for the following
80	84		calendar year.
81	85		SECTION 3. (a) The change in law made by this Act applies
82	86		only to a payment made on or after January 1, 2020. A payment made
83	87		before January 1, 2020, is governed by the law in effect on the date
84	88		the payment was made, and the former law is continued in effect for
85	89		that purpose.
86	90		(b) A determination of compensation or fees described by
87	91		Section 283.051(d), Local Government Code, as added by this Act, or
88	92		Section 66.005(d), Utilities Code, as added by this Act, for the
89	93		year 2020 must be based on amounts actually paid between July 1,
90	94		2018, and June 30, 2019.
91	95		SECTION 4. This Act takes effect September 1, 2019.
92		-	______________________________ ______________________________
93		-	President of the Senate Speaker of the House
94		-	I hereby certify that S.B. No. 1152 passed the Senate on
95		-	April 4, 2019, by the following vote: Yeas 26, Nays 5; and that the
96		-	Senate concurred in House amendment on May 21, 2019, by the
97		-	following vote: Yeas 28, Nays 3.
98		-	______________________________
99		-	Secretary of the Senate
100		-	I hereby certify that S.B. No. 1152 passed the House, with
101		-	amendment, on May 9, 2019, by the following vote: Yeas 92, Nays 50,
102		-	two present not voting.
103		-	______________________________
104		-	Chief Clerk of the House
105		-	Approved:
106		-	______________________________
107		-	Date
108		-	______________________________
109		-	Governor