By:  Averitt                                                      S.B. No. 40 


A BILL TO BE ENTITLED

AN ACT

relating to a comprehensive study of right-of-way use compensation 
paid to governmental entities by communications and technology 
providers.
	SECTION 1.  The Legislature shall conduct a study on 
right-of-way use compensation paid to governmental entities by 
communications and technology service providers.  The study shall 
be conducted by the newly created JOINT LEGISLATIVE OVERSIGHT 
COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY.
	SECTION 2.  JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON 
COMMUNICATIONS AND TECHNOLOGY.  (a)  In this Act, "committee" means 
the Joint Legislative Oversight Committee on Communications and 
Technology.
	(b)  The committee is composed of nine members as follows:                     
		(1)  the chair of the Senate Committee on Business and 
Commerce;            
		(2)  the chair of the House Committee on Regulated 
Industries;              
		(3)  three members of the senate appointed by the 
lieutenant governor;      
		(4)  three members of the house of representatives 
appointed by the speaker of the house of representatives; and
		(5)  the chief executive of the Office of Public 
Utility Counsel.           
	(c)  The members must be appointed by the appropriate 
appointing official to the committee by November 1, 2005.  An 
appointed member of the committee serves at the pleasure of the 
appointing official.
	(d)  The committee shall conduct a comprehensive study and 
file a report with the legislature not later than November 1, 2006, 
containing the committee's revenue-neutral, technology-neutral, 
and competitively neutral recommendations concerning compensation 
paid to governmental entities, including but not limited to 
municipalities, from communications and technology service 
providers.  The report shall address the following items:
		(1)  all sources of compensation historically paid to 
municipalities, and other governmental entities, from 
communications and technology service providers for the use of the 
public rights-of-way;
		(2)  the types of communications and technology 
services available to consumers within municipalities without 
regard to the technology used to deliver such services;
		(3)  alternative funding mechanisms, including but not 
limited to the possibility of a new communications and technology 
assessment that would include all types of communications and 
technology service providers, that would be revenue-neutral to the 
municipalities, technology-neutral, and competitively neutral in 
application to the providers, their services, and consumers;
		(4)  the mechanism for assessment, collection, and 
payment of any fee, including franchise fees and right-of-way use 
compensation paid to municipalities;
		(5)  the advantages and disadvantages of a state-issued 
franchises for the provision of cable and video services versus 
municipally issued franchises for the provision of cable and video 
services;
		(6)  the proper terms and conditions of a state-issued 
franchise for the provision of cable and video service if the 
franchise is recommended and how the terms and conditions would be 
imposed and enforced;
		(7)  the proper state agency for issuing a state-issued 
franchise for the provision of cable and video service if such 
franchise is recommended;
		(8)  the role of a municipality if the state issues a 
franchise authorizing the provision of cable and video service 
within the municipality, if franchising by the state is 
recommended;
		(9)  whether any cable and video service provider 
should be exempt from the application of a franchise requirement, 
and, if so, the reasons for such exemption;
		(10)  issues with regard to the imposition of state 
highway right-of-way charges on communications and technology 
service providers; and
		(11)  review of how utility relocation costs are 
apportioned among communications and technology service providers 
when a utility relocation in the public right-of-way is 
necessitated by a public improvement project.
	(d)  The Public Utility Commission shall:                                      
		(1)  assist with the collection and compilation of 
information as necessary to conduct the study under this section;
		(2)  maintain the confidentiality of information 
collected under this section that is claimed to be confidential for 
competitive purposes; and
		(3)  provide a summary of any congressional or federal 
agency actions that impact issues reviewed by the committee.
	(e)  Information that is claimed to be confidential under 
Subsection (d) is exempt from disclosure under Chapter 552, 
Government Code.
	(f)  The committee may request reports and other information 
from the Public Utility Commission, governmental entities, and from 
communications and technology service providers as necessary to 
carry out this section.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.