Amend CSHB 789 by striking SECTION 32 of the bill (page 29,
lines 1-13) and substituting the following:
SECTION 32. Section 54.202, Utilities Code, is amended to
read as follows:
Sec. 54.202 PROHIBITED MUNICIPAL SERVICES. (a) A
municipality or municipally owned utility may not, directly or
indirectly, on its own or with another entity, [municipal electric
system may not] offer [for sale] to the public:
(1) a service for which a new certificate [of
convenience and necessity, a certificate of operating authority, or
a service provider certificate of operating authority] is required;
[or]
(2) a service as a network provider;
(3) a telecommunications service or information
service, without regard to the technology platform used to provide
the service; or
(4) a video or broadband service, including a service
described by Section 51.003 (a) (4), provided that this section
does not affect the authority of a municipality or municipally
owned utility to continue to offer a video or broadband service it
was providing on January 1, 2005.
(b) Subsection (a) does not prevent a municipality or
municipally owned utility from:
(1) offering a broadband network that provides
Internet access in a municipally owned building, library, or public
park;
(2) operating a broadband network that is not available
to the public to provide telecommunications services and advanced
services between municipal and other governmental facilities for
governmental purposes;
(3) providing a governmental function or service that
is enabled, enhanced, delivered to, or available to the public
using the Internet, including:
(A) a bill paying service;
(B) an emergency service;
(C) a constituent service;
(D) utility meter reading; and
(E) permitting; and
(4) providing access to its transmission and
distribution facilities under a contract with another entity that
allows the entity to offer to the municipality's customers high
speed data services using broadband over power line technology if:
(A) the municipality has a population of not more
than 30,000; and
(B) the contract is entered into on or before
January 1, 2006.
(c) This section may not be construed to limit:
(1) a municipality's or municipally owned utility's
ability to engage in economic development activities as expressly
authorized by statute;
(2) a municipality's or municipally owned utility's
ability to enter into nonexclusive, nondiscriminatory agreements
with private entities for the use of rights-of-way, pole
attachments, or other municipal or utility property for the
placement of an antenna or receiving equipment by those entities to
provide services in the municipality, to the extent expressly
provided by statute; or
(3) the authority of a municipality or municipally
with:
[(A) another customer's premises within the
exchange; or
[(B) a long distance provider that serves the
exchange.
[(b) Subsection (a) applies to a service offered either
directly or indirectly through a telecommunications provider].