Bill Text: TX HB3535 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the payment of certain fees to municipalities by entities that provide telecommunications and cable or video services.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2019-05-08 - Laid on the table subject to call [HB3535 Detail]
Download: Texas-2019-HB3535-Comm_Sub.html
86R24600 JXC-F | |||
By: Phelan, et al. | H.B. No. 3535 | ||
Substitute the following for H.B. No. 3535: | |||
By: Harless | C.S.H.B. No. 3535 |
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relating to the payment of certain fees to municipalities by | ||
entities that provide telecommunications and cable or video | ||
services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 283.051, Local Government Code, is | ||
amended by adding Subsections (d), (e), and (f) to read as follows: | ||
(d) In this subsection, "affiliated group" has the meaning | ||
assigned by Section 171.0001, Tax Code. A certificated | ||
telecommunications provider is not required to pay any compensation | ||
under Subsection (a) for a given calendar year if the provider | ||
determines that the sum of the compensation due from the provider | ||
and any member of the provider's affiliated group to all | ||
municipalities in this state under Subsection (a) is less than the | ||
sum of the fees due from the provider and any member of the | ||
provider's affiliated group to all municipalities in this state | ||
under Section 66.005, Utilities Code. The determination under this | ||
subsection for a given year must be based on amounts actually paid, | ||
or amounts that would have been paid notwithstanding this | ||
subsection, during the 12-month period ending June 30 of the | ||
immediately preceding calendar year by the provider and any member | ||
of the provider's affiliated group. In the case of a conflict | ||
between this subsection and Section 283.055, this subsection | ||
prevails. | ||
(e) Notwithstanding the aggregate amount of compensation or | ||
fees paid in this state calculated under Subsection (d), Subsection | ||
(d) does not exempt a certificated telecommunications provider from | ||
paying compensation under Subsection (a) to a municipality if the | ||
provider is not required to pay a fee authorized by Section 66.005, | ||
Utilities Code, or another fee described in 47 U.S.C. Section | ||
542(g), to that municipality. This subsection applies only to a | ||
municipality described in this subsection and does not limit the | ||
application of Subsection (d) to any other municipality. | ||
(f) A certificated telecommunications provider shall file, | ||
not later than October 1 of each year, an annual written | ||
notification with each municipality in which the provider provides | ||
telecommunications services of the provider's requirement to pay | ||
compensation under Subsection (a) or exemption from the requirement | ||
to pay compensation under Subsection (d) for the following calendar | ||
year. | ||
SECTION 2. Section 66.005, Utilities Code, is amended by | ||
adding Subsections (d), (e), and (f) to read as follows: | ||
(d) In this subsection, "affiliated group" has the meaning | ||
assigned by Section 171.0001, Tax Code. A holder of a state-issued | ||
certificate of franchise authority is not subject to the fee | ||
imposed under Subsection (a) for a given calendar year if the holder | ||
determines that the sum of fees due from the holder and any member | ||
of the holder's affiliated group to all municipalities in this | ||
state under Subsection (a) is less than the sum of the compensation | ||
due from the holder and any member of the holder's affiliated group | ||
to all municipalities in this state under Section 283.051, Local | ||
Government Code. The determination under this subsection for a | ||
given year must be based on amounts actually paid, or amounts that | ||
would have been paid notwithstanding this subsection, during the | ||
12-month period ending June 30 of the immediately preceding | ||
calendar year by the holder and any member of the holder's | ||
affiliated group. In the case of a conflict between this subsection | ||
and Section 283.055, Local Government Code, this subsection | ||
prevails. | ||
(e) Notwithstanding the aggregate amount of compensation or | ||
fees paid in this state calculated under Subsection (d), Subsection | ||
(d) does not exempt a holder of a state-issued certificate of | ||
franchise authority from paying the fee imposed under Subsection | ||
(a) to a municipality if the holder is not required to pay | ||
compensation under Section 283.051, Local Government Code, to that | ||
municipality. This subsection applies only to a municipality | ||
described in this subsection and does not limit the application of | ||
Subsection (d) to any other municipality. Nothing in this | ||
subsection affects the application of Section 66.006 or 66.009 to | ||
any holder of a state-issued certificate of franchise authority. | ||
(f) A holder of a state-issued certificate of franchise | ||
authority shall file, not later than October 1 of each year, an | ||
annual written notification with each municipality in which the | ||
holder provides cable or video services of the holder's requirement | ||
to pay the fee under Subsection (a) or exemption from the | ||
requirement to pay the fee under Subsection (d) for the following | ||
calendar year. | ||
SECTION 3. (a) The change in law made by this Act applies | ||
only to a payment made on or after January 1, 2020. A payment made | ||
before January 1, 2020, is governed by the law in effect on the date | ||
the payment was made, and the former law is continued in effect for | ||
that purpose. | ||
(b) A determination of compensation or fees described by | ||
Section 283.051(d), Local Government Code, as added by this Act, or | ||
Section 66.005(d), Utilities Code, as added by this Act, for the | ||
year 2020 must be based on amounts actually paid between July 1, | ||
2018, and June 30, 2019. | ||
SECTION 4. This Act takes effect September 1, 2019. |