By:  Ogden                                             S.B. No. 341
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to taxing the sale, use, or consumption of Internet access
 1-2     service.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 151, Tax Code, is amended
 1-5     by adding Sections 151.00393 and 151.00394 to read as follows:
 1-6           Sec. 151.00393.  "INTERNET."  "Internet" means collectively
 1-7     the myriad of computer and telecommunications facilities, including
 1-8     equipment and operating software, that comprise the interconnected
 1-9     worldwide network of networks that employ the Transmission Control
1-10     Protocol/Internet Protocol, or any predecessor or successor
1-11     protocols to that protocol, to communicate information of all kinds
1-12     by wire or radio.
1-13           Sec. 151.00394.  "INTERNET ACCESS SERVICE."  (a)  "Internet
1-14     access service" means a service that enables users to access
1-15     content, information, electronic mail, or other services offered
1-16     over the Internet and may also include access to proprietary
1-17     content, information, and other services as part of a package of
1-18     services offered to consumers.
1-19           (b)  "Internet access service" does not include and the
1-20     exemption under Section 151.325 does not apply to any taxable
1-21     service listed in Sections 151.0101(a)(1)-(15), unless the taxable
1-22     service is provided in conjunction with and is merely incidental to
1-23     the provision of Internet access service.
1-24           SECTION 2.  Subsection (a), Section 151.0101, Tax Code, is
 2-1     amended to read as follows:
 2-2           (a)  "Taxable services" means:
 2-3                 (1)  amusement services;
 2-4                 (2)  cable television services;
 2-5                 (3)  personal services;
 2-6                 (4)  motor vehicle parking and storage services;
 2-7                 (5)  the repair, remodeling, maintenance, and
 2-8     restoration of tangible personal property, except:
 2-9                       (A)  aircraft;
2-10                       (B)  a ship, boat, or other vessel, other than:
2-11                             (i)  a taxable boat or motor as defined by
2-12     Section 160.001;
2-13                             (ii)  a sports fishing boat; or
2-14                             (iii)  any other vessel used for pleasure;
2-15                       (C)  the repair, maintenance, and restoration of
2-16     a motor vehicle; and
2-17                       (D)  the repair, maintenance, creation, and
2-18     restoration of a computer program, including its development and
2-19     modification, not sold by the person performing the repair,
2-20     maintenance, creation, or restoration service;
2-21                 (6)  telecommunications services;
2-22                 (7)  credit reporting services;
2-23                 (8)  debt collection services;
2-24                 (9)  insurance services;
2-25                 (10)  information services;
2-26                 (11)  real property services;
 3-1                 (12)  data processing services;
 3-2                 (13)  real property repair and remodeling;
 3-3                 (14)  security services; [and]
 3-4                 (15)  telephone answering services; and
 3-5                 (16)  Internet access service.
 3-6           SECTION 3.  Subchapter H, Chapter 151, Tax Code, is amended
 3-7     by adding Section 151.325 to read as follows:
 3-8           Sec. 151.325.  BASIC FEE FOR INTERNET ACCESS SERVICE.
 3-9     (a)  The sale, use, or other consumption in this state of Internet
3-10     access service is exempted from the taxes imposed by this chapter
3-11     in an amount not to exceed the first $25 of a monthly charge.
3-12           (b)  The exemption provided by this section applies without
3-13     regard to:
3-14                 (1)  whether the Internet access service is bundled
3-15     with another service, including any taxable service listed in
3-16     Sections 151.0101(a)(1)-(15); or
3-17                 (2)  the billing period used by the service provider.
3-18           (c)  The exemption in this section applies to the total sales
3-19     price the service provider charges for Internet access to a
3-20     purchaser, without regard to whether the service provider charges
3-21     one lump-sum amount or separately bills the purchaser for each
3-22     user.
3-23           SECTION 4.  (a)  This Act takes effect on the first day of
3-24     the first calendar quarter beginning on or after the date that it
3-25     may take effect under Section 39, Article III, Texas Constitution.
3-26           (b)  The change in law made by this Act does not affect taxes
 4-1     imposed before the effective date of this Act, and the law in
 4-2     effect before the effective date of this Act is continued in effect
 4-3     for purposes of the liability for and collection of those taxes.
 4-4           SECTION 5.  The importance of this legislation and the
 4-5     crowded condition of the calendars in both houses create an
 4-6     emergency and an imperative public necessity that the
 4-7     constitutional rule requiring bills to be read on three several
 4-8     days in each house be suspended, and this rule is hereby suspended,
 4-9     and that this Act take effect and be in force according to its
4-10     terms, and it is so enacted.