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	Amend Amendment No. 35 by Puente by striking the text of the 
amendment and substituting the following:
	Amend CSHB 789 as follows:                                                     
	(1)  Add a new section to the bill, numbered appropriately, to 
read as follows:
	SECTION      . Subchapter E, Chapter 54, Utilities Code, is 
amended by adding Section 54.2022 to read as follows:
	Sec. 54.2022. PROHIBITION ON MUNICIPAL CHARGES FOR WIRELESS 
BROADBAND SERVICES. (a) Notwithstanding any other law, a 
municipality may not charge for wireless broadband services, 
including wireless fidelity, or Wi-Fi, services, that the 
municipality may provide under this title, except as provided by 
Subsection (b).
	(b)  A municipality that charged for services described by 
Subsection (a) on January 1, 2005, may continue to charge for those 
services.
	(2)  Add a new section to the bill, numbered appropriately, to 
read as follows:
	SECTION      . (a) The Public Utility Commission of Texas shall 
conduct a study for presentation to the 80th Legislature on issues 
regarding the provision of wireless broadband communications 
services by municipalities, including wireless fidelity, or Wi-Fi, 
services.
	(b)  A municipality may not offer to the public, directly or 
indirectly, wireless broadband communications services, including 
wireless fidelity, or Wi-Fi, services, unless the municipality was 
providing the service on or before September 1, 2006, or unless the 
municipality has filed with the commission before June 15, 2006, a 
statement of intent to provide the services that meets the 
requirements of Subsection (c) of this section.
	(c)  A statement of intent described by Subsection (b) of this 
section must be presented to the commission for approval as a part 
of the study conducted under this section and must include 
information sufficient for the commission to determine that the 
municipality has a plan for providing the services and has the 
fiscal and managerial capacity to provide the intended services. 
	(d)  The commission shall present the report and approved 
statements of intent to the lieutenant governor, the speaker of the 
house of representatives, and the presiding officer of each 
standing committee of the house of representatives and senate that 
has jurisdiction over matters related to communications services 
and municipal government. The report must be presented not later 
than September 1, 2006.
	(e) The report may include discussion on any issue related to 
the provision of wireless broadband communications services by 
municipalities, including wireless fidelity, or Wi-Fi, services, 
that the commission considers important for consideration by the 
legislature. The report must include the commission's 
recommendations for legislation and commentary on issues the 
commission considers important for the legislature's 
consideration.