Bill Text: TX SB1152 | 2019-2020 | 86th Legislature | Enrolled
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 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1152 Detail]
Download: Texas-2019-SB1152-Enrolled.html
| S.B. No. 1152 | ||
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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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1152 passed the Senate on | ||
| April 4, 2019, by the following vote: Yeas 26, Nays 5; and that the | ||
| Senate concurred in House amendment on May 21, 2019, by the | ||
| following vote: Yeas 28, Nays 3. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1152 passed the House, with | ||
| amendment, on May 9, 2019, by the following vote: Yeas 92, Nays 50, | ||
| two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
