By Shields H.B. No. 731
75R4559 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the funding of the telecommunications infrastructure
1-3 fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3.606(j) and (k), Public Utility
1-6 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
1-7 Statutes), are amended to read as follows:
1-8 (j) The fund is composed of the telecommunications utilities
1-9 account and the commercial mobile service providers account. The
1-10 telecommunications utilities account is financed by an annual
1-11 assessment on all telecommunications utilities doing business in
1-12 this state. The assessment is imposed at the rate of 1.347 percent
1-13 of the taxable telecommunications receipts of each
1-14 telecommunications utility subject to the assessment. [Each
1-15 telecommunications utility shall pay the annual assessment in
1-16 accordance with the ratio that the annual taxable
1-17 telecommunications receipts reported by that telecommunications
1-18 utility under Chapter 151, Tax Code, bears to the total annual
1-19 taxable telecommunications receipts reported by all
1-20 telecommunications utilities under Chapter 151, Tax Code.]
1-21 (k) The commercial mobile service providers account is
1-22 financed by an annual assessment on all commercial mobile service
1-23 providers doing business in this state. The assessment is imposed
1-24 at the rate of 1.347 percent of the taxable telecommunications
2-1 receipts of each commercial mobile service provider subject to the
2-2 assessment. [Each commercial mobile service provider shall pay the
2-3 annual assessment in accordance with the ratio that the annual
2-4 taxable telecommunications receipts reported by that provider
2-5 under Chapter 151, Tax Code, bears to the total annual taxable
2-6 telecommunications receipts reported by all commercial mobile
2-7 service providers under Chapter 151, Tax Code.]
2-8 SECTION 2. Section 3.606(l), Public Utility Regulatory Act
2-9 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
2-10 repealed.
2-11 SECTION 3. (a) This Act takes effect on the first day of
2-12 the first calendar quarter beginning on or after the earliest date
2-13 that it may take effect under Section 39, Article III, Texas
2-14 Constitution.
2-15 (b) The change in law made by this Act does not affect
2-16 liability for an assessment that accrued before the effective date
2-17 of this Act. That liability continues in effect as if this Act had
2-18 not been enacted, and the former law is continued in effect for the
2-19 collection of an assessment due and for civil and criminal
2-20 enforcement of the liability for that assessment.
2-21 SECTION 4. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force according to its
2-27 terms, and it is so enacted.