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2-10     repealed.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.