Bill Text: TX SR1206 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 1087.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-05-28 - Reported enrolled [SR1206 Detail]
Download: Texas-2011-SR1206-Enrolled.html
By: Carona | S.R. No. 1206 |
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BE IT RESOLVED by the Senate of the State of Texas, 82nd | ||
Legislature, Regular Session, 2011, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
Senate Bill 1087 (state-issued certificates of franchise | ||
authority to provide cable service and video service) to consider | ||
and take action on the following matters: | ||
(1) Senate Rules 12.03(1) and (2) are suspended to permit | ||
the committee to change and omit text not in disagreement in | ||
proposed SECTION 2 of the bill, in amended Subsection (a), | ||
Section 66.004, Utilities Code, to read as follows: | ||
(a) A cable service provider or a video service provider | ||
that currently has or had previously received a franchise to | ||
provide cable service or video service with respect to such | ||
municipalities is not eligible to seek a state-issued | ||
certificate of franchise authority under this chapter as to those | ||
municipalities until the expiration date of the existing | ||
franchise agreement, except as provided by Subsections (b), | ||
(b-1), (b-2), (b-3), and (c). | ||
Explanation: This change is necessary to clarify that a | ||
cable service provider or video service provider that received a | ||
franchise to provide cable service or video service to a | ||
municipality is not eligible to seek a state-issued certificate | ||
of franchise authority before the expiration of the franchise | ||
except as provided by Section 66.004, Utilities Code. | ||
(2) Senate Rules 12.03(1) and (4) are suspended to permit | ||
the committee to change text which is not in disagreement and to | ||
add text on a matter which is not included in either the house or | ||
senate version of the bill in proposed SECTION 2 of the bill, in | ||
added Subsections (b-1), (b-2), and (b-3), Section 66.004, | ||
Utilities Code, to read as follows: | ||
(b-1) Beginning September 1, 2011, a cable service | ||
provider or video service provider in a municipality with a | ||
population of less than 215,000 that was not allowed to or did not | ||
terminate a municipal franchise under Subsection (b) may elect to | ||
terminate not less than all unexpired franchises in | ||
municipalities with a population of less than 215,000 and seek a | ||
state-issued certificate of franchise authority for each area | ||
served under a terminated municipal franchise by providing | ||
written notice to the commission and each affected municipality | ||
before January 1, 2012. A municipal franchise is terminated on | ||
the date the commission issues a state-issued certificate of | ||
franchise authority to the provider for the area served under | ||
that terminated franchise. | ||
(b-2) A cable service provider or video service provider | ||
in a municipality with a population of at least 215,000 may | ||
terminate a municipal franchise in that municipality in the | ||
manner described by Subsection (b-1) if: | ||
(1) the cable service provider or video service | ||
provider is not the incumbent cable service provider in that | ||
municipality; and | ||
(2) the incumbent cable service provider received a | ||
state-issued certificate of franchise authority from the | ||
commission before September 1, 2011. | ||
(b-3) A municipality with a population of at least | ||
215,000 may enter into an agreement with any cable service | ||
provider in the municipality to terminate a municipal cable | ||
franchise before the expiration of the franchise. To the extent | ||
that the mutually agreed on terms and conditions for early | ||
termination of the unexpired municipal cable franchise conflict | ||
with a provision of this chapter, the agreed on terms and | ||
conditions control. | ||
Explanation: This change is necessary to differentiate | ||
between termination of franchises by service providers in | ||
municipalities with populations of less than 215,000 and by | ||
service providers in municipalities with populations of at least | ||
215,000. | ||
(3) Senate Rule 12.03(1) is suspended to permit the | ||
committee to change text not in disagreement in proposed SECTION | ||
2 of the bill, in amended Subsections (c) and (f), Section | ||
66.004, Utilities Code, to read as follows: | ||
(c) A cable service provider [ |
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terminate an existing municipal franchise is responsible for | ||
remitting to the affected municipality before the 91st day after | ||
the date the municipal franchise is terminated any accrued but | ||
unpaid franchise fees due under the terminated franchise. If the | ||
cable service provider has credit remaining from prepaid | ||
franchise fees, the provider may deduct the amount of the | ||
remaining credit from any future fees or taxes it must pay to the | ||
municipality, either directly or through the comptroller. | ||
(f) Except as provided in this chapter, nothing in this | ||
chapter is intended to abrogate, nullify, or adversely affect in | ||
any way the contractual rights, duties, and obligations existing | ||
and incurred by a cable service provider or a video service | ||
provider before the date a franchise expires or the date a | ||
provider terminates a franchise under Subsection (b-1) or (b-2), | ||
as applicable, [ |
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any private person, firm, partnership, corporation, or other | ||
entity including without limitation those obligations measured | ||
by and related to the gross revenue hereafter received by the | ||
holder of a state-issued certificate of franchise authority for | ||
services provided in the geographic area to which such prior | ||
franchise or permit applies. All liens, security interests, | ||
royalties, and other contracts, rights, and interests in effect | ||
on September 1, 2005, or the date a franchise is terminated under | ||
Subsection (b-1) or (b-2) shall continue in full force and | ||
effect, without the necessity for renewal, extension, or | ||
continuance, and shall be paid and performed by the holder of a | ||
state-issued certificate of franchise authority, and shall apply | ||
as though the revenue generated by the holder of a state-issued | ||
certificate of franchise authority continued to be generated | ||
pursuant to the permit or franchise issued by the prior local | ||
franchising authority or municipality within the geographic area | ||
to which the prior permit or franchise applies. It shall be a | ||
condition to the issuance and continuance of a state-issued | ||
certificate of franchise authority that the private contractual | ||
rights and obligations herein described continue to be honored, | ||
paid, or performed to the same extent as though the cable service | ||
provider continued to operate under its prior franchise or | ||
permit, for the duration of such state-issued certificate of | ||
franchise authority and any renewals or extensions thereof, and | ||
that the applicant so agrees. Any person, firm, partnership, | ||
corporation, or other entity holding or claiming rights herein | ||
reserved may enforce same by an action brought in a court of | ||
competent jurisdiction. | ||
Explanation: These changes are necessary to add | ||
cross-references to Subsection (b-2), Section 66.004, Utilities | ||
Code. | ||
(4) Senate Rules 12.03(1), (2), and (4) are suspended to | ||
permit the committee to change text not in disagreement, omit | ||
text not in disagreement, and add text on a matter which is not | ||
included in either the house or senate version of the bill, in | ||
proposed SECTION 4 of the bill, in amended Subsection (c), | ||
Section 66.006 and added Subsection (c-2), Section 66.006, | ||
Utilities Code, to read as follows: | ||
(c) All fees paid to municipalities under this section | ||
are paid in accordance with 47 U.S.C. Sections 531 and | ||
541(a)(4)(B) and may be used by the municipality as allowed by | ||
federal law; further, these payments are not chargeable as a | ||
credit against the franchise fee payments authorized under this | ||
chapter. | ||
(c-2) A municipality that receives fees under this | ||
section: | ||
(1) shall maintain revenue from the fees in a | ||
separate account established for that purpose; | ||
(2) may not commingle revenue from the fees with any | ||
other money; | ||
(3) shall maintain a record of each deposit to and | ||
disbursement from the separate account, including a record of the | ||
payee and purpose of each disbursement; and | ||
(4) may not spend revenue from the fees except | ||
directly from the separate account. | ||
Explanation: This change is necessary to clarify that all | ||
fees paid to municipalities under Section 66.006, Utilities | ||
Code, are not chargeable as a credit against franchise fee | ||
payments authorized under Chapter 66, Utilities Code, and that | ||
municipalities may not spend revenue from fees received under | ||
Section 66.006 except by spending the revenue directly from a | ||
separate account, to remove language requiring a detailed | ||
accounting of deposits, and to reletter Subsection (c-3) as | ||
Subsection (c-2). | ||
(5) Senate Rules 12.03(1) and (2) are suspended to permit | ||
the committee to change and omit text not in disagreement in | ||
proposed SECTION 4 of the bill, in amended Subsection (d), | ||
Section 66.006, Utilities Code, to read as follows: | ||
(d) The following services shall continue to be provided | ||
by the cable provider that was furnishing services pursuant to | ||
its municipal cable franchise [ |
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the expiration or termination [ |
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Subdivisions (1) and (2) below: | ||
(1) institutional network capacity, however defined | ||
or referred to in the municipal cable franchise but generally | ||
referring to a private line data network capacity for use by the | ||
municipality for noncommercial purposes, shall continue to be | ||
provided at the same capacity as was provided to the municipality | ||
prior to the date of expiration or [ |
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that the municipality will compensate the provider for the actual | ||
incremental cost of the capacity; and | ||
(2) cable services to community public buildings, | ||
such as municipal buildings and public schools, shall continue to | ||
be provided to the same extent provided immediately prior to the | ||
date of the termination. On [ |
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the expiration or termination of the franchise agreement, | ||
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deduct from the franchise fee to be paid to the municipality an | ||
amount equal to the actual incremental cost of the services if | ||
the municipality requires the services after that date. Such | ||
cable service generally refers to the existing cable drop | ||
connections to such facilities and the tier of cable service | ||
provided pursuant to the franchise at the time of the expiration | ||
or termination. | ||
Explanation: This change is necessary to clarify that | ||
institutional network capacity and cable services to community | ||
public buildings shall continue to be provided in all | ||
municipalities as they were provided before the expiration or | ||
termination of a franchise. | ||
(6) Senate Rule 12.03(1) is suspended to permit the | ||
committee to change text not in disagreement in proposed SECTION | ||
6 of the bill, to read as follows: | ||
SECTION 6. (a) A municipality that received fees | ||
described by Section 66.006(c), Utilities Code, before September | ||
1, 2011, shall, on September 1, 2011, transfer any fees that have | ||
not been disbursed to a separate account as required by Section | ||
66.006(c-2), Utilities Code, as added by this Act. | ||
(b) The change in law made by this Act in adding Section | ||
66.006(c-2)(3), Utilities Code, applies only to transfers, | ||
deposits, and disbursements made on or after the effective date | ||
of this Act. A transfer, deposit, or disbursement made before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the transfer, deposit, or disbursement was made, and the | ||
former law is continued in effect for that purpose. | ||
Explanation: These changes are necessary to correct | ||
cross-references. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 28, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |