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79R13114 UM-D


By:  Driver                                                       H.B. No. 1581

Substitute the following for H.B. No. 1581:                                   

By:  Baxter                                                   C.S.H.B. No. 1581



A BILL TO BE ENTITLED

AN ACT

relating to the imposition of emergency service fees and surcharges 
on certain telecommunications connections.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 771, Health and Safety 
Code, is amended by adding Section 771.0745 to read as follows:
	Sec. 771.0745.  TEMPORARY EXEMPTION FOR CERTAIN WIRELESS 
CONNECTIONS.  (a)  In this section, "prepaid wireless 
telecommunications connection" means a wireless telecommunications 
connection that:
		(1)  is activated in advance either by payment of a 
finite dollar amount or for a finite set of minutes; and
		(2)  terminates automatically with use or over time, 
unless an additional finite dollar amount is paid or finite set of 
minutes is purchased.
	(b)  A fee or surcharge authorized by this subchapter, 
Chapter 772, or a home-rule municipality may not be imposed on or 
collected from a wireless service provider for a prepaid wireless 
telecommunications connection.
	(c)  This section expires September 1, 2007.                            
	SECTION 2.  (a)  The House Committee on Regulated Industries 
shall conduct an interim study regarding the imposition of 
emergency services fees and surcharges on certain wireless 
telecommunications connections as provided by this section.
	(b)  The lieutenant governor may designate a senate 
committee to jointly conduct the study with the House Committee on 
Regulated Industries.
	(c)  The committee shall investigate:                                          
		(1)  methods for charging emergency service fees and 
surcharges on prepaid wireless telecommunications connections and 
other new telecommunications connections that are not charged an 
emergency service fee; and
		(2)  the manner in which providers of those 
telecommunications connections may collect emergency service fees 
or surcharges from consumers.
	(d)  Not later than September 1, 2006, the committee shall 
submit the results of the study and a proposal for legislation to 
address issues identified by the study to the lieutenant governor, 
the speaker of the house of representatives, and the members of the 
legislature.
	(e)  This section expires October 1, 2006.                                     
	SECTION 3.  This Act takes effect September 1, 2005.