1-1 By: Sibley S.B. No. 249
1-2 (In the Senate - Filed January 20, 1997; January 22, 1997,
1-3 read first time and referred to Committee on Economic Development;
1-4 February 3, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; February 3, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Sibley
1-7 Amend S.B. No. 249 in Section 4(a) of the bill (page 3, line
1-8 59), by striking "assessment made on or after" and substituting
1-9 "assessment that accrues on or after".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the telecommunications infrastructure fund.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (a), Section 3.606, Public Utility
1-15 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
1-16 Statutes), is amended by amending Subdivision (5) and adding
1-17 Subdivision (10) to read as follows:
1-18 (5) "School district" includes an independent school
1-19 district, a common school district, and a rural high school
1-20 district [has the meaning assigned by Section 19.001, Education
1-21 Code].
1-22 (10) "Taxable telecommunications receipts" means
1-23 taxable telecommunications receipts reported under Chapter 151, Tax
1-24 Code.
1-25 SECTION 2. Subsections (j) through (v), Section 3.606,
1-26 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
1-27 Texas Civil Statutes), are amended to read as follows:
1-28 (j) An annual assessment is imposed on each
1-29 telecommunications utility and each commercial mobile service
1-30 provider doing business in this state. The assessment is imposed
1-31 at the rate of 1.25 percent of the taxable telecommunications
1-32 receipts of each telecommunications utility and commercial mobile
1-33 service provider subject to the assessment, subject to Subsection
1-34 (k) of this section.
1-35 (k) The total amount deposited to the credit of the fund,
1-36 excluding interest and loan repayments, may not exceed $1.5
1-37 billion. Not later than August 31 of each year, the comptroller
1-38 shall determine the total amount, excluding interest and loan
1-39 repayments, that has been deposited to the credit of the fund
1-40 during that fiscal year and the preceding fiscal years. If the
1-41 comptroller determines that a total of $1.2 billion or more,
1-42 excluding interest and loan repayments, has been deposited to the
1-43 credit of the fund, the comptroller shall impose the assessment
1-44 during the next fiscal year at a rate that the comptroller
1-45 estimates is sufficient to produce the amount necessary to result
1-46 in the deposit in the fund of a total of not more than $1.5
1-47 billion, excluding interest and loan repayments. The comptroller
1-48 may not collect the assessment during a fiscal year if the
1-49 comptroller determines after the yearly review that the total
1-50 amount deposited to the credit of the fund during that fiscal year
1-51 and the preceding fiscal years is $1.49 billion or more, excluding
1-52 interest and loan repayments, and it is not possible to impose the
1-53 assessment during the next fiscal year at a practical rate without
1-54 collecting more than a total of $1.5 billion, excluding interest
1-55 and loan repayments.
1-56 (l) [The fund is composed of the telecommunications
1-57 utilities account and the commercial mobile service providers
1-58 account. The telecommunications utilities account is financed by
1-59 an annual assessment on all telecommunications utilities doing
1-60 business in this state. Each telecommunications utility shall pay
1-61 the annual assessment in accordance with the ratio that the annual
1-62 taxable telecommunications receipts reported by that
1-63 telecommunications utility under Chapter 151, Tax Code, bears to
2-1 the total annual taxable telecommunications receipts reported by
2-2 all telecommunications utilities under Chapter 151, Tax Code.]
2-3 [(k) The commercial mobile service providers account is
2-4 financed by an annual assessment on all commercial mobile service
2-5 providers doing business in this state. Each commercial mobile
2-6 service provider shall pay the annual assessment in accordance with
2-7 the ratio that the annual taxable telecommunications receipts
2-8 reported by that provider under Chapter 151, Tax Code, bears to the
2-9 total annual taxable telecommunications receipts reported by all
2-10 commercial mobile service providers under Chapter 151, Tax Code.]
2-11 [(l) For the fiscal year beginning September 1, 1995, and
2-12 for the nine fiscal years immediately following that year, for a
2-13 total of 10 years, the comptroller shall assess and collect a total
2-14 annual amount of $75 million from telecommunications utilities and
2-15 a total annual amount of $75 million from commercial mobile service
2-16 providers. The amounts assessed against both the
2-17 telecommunications utilities and the commercial mobile service
2-18 providers shall be assessed and collected in each year without
2-19 respect to whether all of the funds previously collected and
2-20 deposited in either or both accounts have been disbursed or spent
2-21 due to lack of demand or otherwise.]
2-22 [(m)] The comptroller may require telecommunications
2-23 utilities and commercial mobile service providers to provide any
2-24 reports and information as are needed to fulfill the duties of the
2-25 comptroller provided by this section. Any information provided to
2-26 the comptroller by a telecommunications utility or commercial
2-27 mobile service provider under this section is confidential and
2-28 exempt from disclosure under Chapter 552, Government Code.
2-29 (m) The comptroller shall deposit 50 percent of the
2-30 [(n) All] amounts collected by the comptroller [from
2-31 telecommunications utilities] under Subsection (j) [(l)] of this
2-32 section [shall be deposited] to the credit of the public schools
2-33 [telecommunications utilities] account in the telecommunications
2-34 infrastructure fund in the state treasury. The comptroller shall
2-35 deposit the remainder of the [All] amounts collected by the
2-36 comptroller under Subsection (j) of this section [from commercial
2-37 mobile service providers under Subsection (l) of this section shall
2-38 be deposited] to the credit of the qualifying entities [commercial
2-39 mobile service providers] account in the telecommunications
2-40 infrastructure fund in the state treasury. Interest earned on
2-41 money in an account shall be deposited to the credit of that
2-42 account. Money in the fund may be appropriated only for a use
2-43 consistent with the purposes of this section. [Sections 403.094
2-44 and 403.095, Government Code, do not apply to the fund or either
2-45 account.]
2-46 (n) [(o)] From funds appropriated to the board, the
2-47 comptroller shall issue warrants as requested by the board in
2-48 accordance with the purposes of this section, including warrants to
2-49 grantees of the board in amounts certified by the board to the
2-50 comptroller.
2-51 (o) [(p)] In addition to any appropriated funds, the board
2-52 may accept gifts, grants, and donations and use them for the
2-53 purposes of this section.
2-54 (p) [(q)] The board shall use money in the public schools
2-55 [telecommunications utilities] account to award grants and loans in
2-56 accordance with this section to fund equipment [purchases],
2-57 including computers, printers, computer labs, and video equipment,
2-58 for public schools and for intracampus and intercampus wiring to
2-59 enable those public schools to use the equipment. The board shall
2-60 use money in the qualifying entities [commercial mobile service
2-61 providers] account for any purpose authorized by this section,
2-62 including equipment [purchases], wiring, material, program
2-63 development, training, installation costs, or any statewide
2-64 telecommunications network.
2-65 (q) [(r)] Subject to the limitations prescribed by
2-66 Subsection (p) [(q)] of this section, the board may award grants to
2-67 projects and proposals that:
2-68 (1) provide equipment and infrastructure needed for
2-69 distance learning, information sharing programs of libraries, and
3-1 telemedicine services;
3-2 (2) develop and implement the initial or prototypical
3-3 delivery of courses and other distance learning material;
3-4 (3) train teachers, faculty, librarians, or
3-5 technicians in the use of distance learning or information sharing
3-6 materials and equipment;
3-7 (4) develop curricula and instructional material
3-8 especially suited for delivery by telecommunications;
3-9 (5) provide electronic information; or
3-10 (6) establish or carry out information sharing
3-11 programs.
3-12 (r) [(s)] Subject to the limitations prescribed by
3-13 Subsection (p) [(q)] of this section, the board may award loans to
3-14 projects and proposals to acquire equipment needed for distance
3-15 learning and telemedicine projects.
3-16 (s) [(t)] In awarding grants and loans in accordance with
3-17 this section, the board shall give priority to projects and
3-18 proposals that:
3-19 (1) represent collaborative efforts involving multiple
3-20 schools, universities, or libraries;
3-21 (2) contribute matching funds from other sources;
3-22 (3) show promise of becoming self-sustaining;
3-23 (4) help users of information learn new ways to
3-24 acquire and use information through telecommunications;
3-25 (5) extend specific educational information and
3-26 knowledge services to groups not previously served, especially
3-27 those in rural and remote areas;
3-28 (6) result in more efficient or effective learning
3-29 than through conventional teaching;
3-30 (7) improve the effectiveness and efficiency of health
3-31 care delivery; or
3-32 (8) take advantage of distance learning opportunities
3-33 in rural and urban school districts with disproportionate numbers
3-34 of at-risk youths or with high dropout rates.
3-35 (t) [(u)] The Texas Higher Education Coordinating Board, the
3-36 Texas [Central] Education Agency, and the Texas State Library and
3-37 Archives Commission shall adopt policies and procedures in
3-38 consultation with the board that are designed to aid the board in
3-39 achieving the purposes of this section.
3-40 (u) [(v)] In distributing funds to public schools, the board
3-41 shall take into account the relative property wealth per student of
3-42 the recipient school districts and recognize the unique needs of
3-43 rural communities.
3-44 SECTION 3. (a) A reference in law to the
3-45 "telecommunications utilities account" means the "public schools
3-46 account." A reference in law to the "commercial mobile service
3-47 providers account" means the "qualifying entities account."
3-48 (b) On the effective date of this Act:
3-49 (1) money in the telecommunications utilities account
3-50 is transferred to the public schools account; and
3-51 (2) money in the commercial mobile service providers
3-52 account is transferred to the qualifying entities account.
3-53 (c) The validity of an act done, an obligation incurred, or
3-54 a right accrued before the transfer of money under Subsection (b)
3-55 of this section is not affected by the transfer.
3-56 SECTION 4. (a) This Act takes effect on the first day of
3-57 the first calendar quarter beginning on or after the earliest date
3-58 that it may take effect under Section 39, Article III, Texas
3-59 Constitution, and applies only to an assessment made on or after
3-60 that date.
3-61 (b) The change in law made by this Act does not affect
3-62 liability for an assessment that accrued before the effective date
3-63 of this Act. That liability continues in effect as if this Act had
3-64 not been enacted, and the former law is continued in effect for the
3-65 collection of an assessment due and for civil and criminal
3-66 enforcement of the liability for that assessment.
3-67 SECTION 5. The importance of this legislation and the
3-68 crowded condition of the calendars in both houses create an
3-69 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force according to its
4-4 terms, and it is so enacted.
4-5 * * * * *