2005S0511-1  03/09/05


By:  Wentworth                                                    S.B. No. 1456


A BILL TO BE ENTITLED

AN ACT

relating to telecommunications infrastructure fund assessments and 
collections.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 57.048, Utilities Code, is amended by 
amending Subsections (a), (b), and (e) and adding Subsections (f) 
through (i) to read as follows:
	(a)  An annual assessment is imposed on each 
telecommunications provider, including [utility and] each 
commercial mobile service provider, doing business in this state.
	(b)  The assessment is imposed at the rate of 1.25 percent of 
the taxable telecommunications receipts of each [the] 
telecommunications provider, including each [utility or] 
commercial mobile service provider, subject to this section.
	(e)  The comptroller may require a telecommunications 
provider, including a [utility or] commercial mobile service 
provider, to provide any report or information necessary to fulfill 
the comptroller's duties under this section.  Information provided 
to the comptroller under this section is confidential and exempt 
from disclosure under Chapter 552, Government Code.
	(f)  Notwithstanding any other provision of this title, a 
certificated telecommunications provider may recover from the 
provider's customers, in an amount not to exceed 1.25 percent of the 
certificated telecommunications provider's taxable 
telecommunication receipts as reported under Chapter 151, Tax Code, 
an assessment imposed on the provider under this subchapter after 
the total amount deposited to the credit of the fund, excluding 
interest and loan repayments, is equal to $1.5 billion, as 
determined by the comptroller.  A certificated telecommunications 
provider may recover only the amount of the assessment imposed 
after the total amount deposited to the credit of the fund, 
excluding interest and loan repayments, is equal to $1.5 billion, 
as determined by the comptroller.  The provider may recover the 
assessment through a monthly billing process.
	(g)  The comptroller shall publish in the Texas Register the 
date on which the total amount deposited to the credit of the fund, 
excluding interest and loan repayments, is equal to $1.5 billion.
	(h)  Not later than February 15 of each year, a certificated 
telecommunications provider that wants to recover the assessment 
under Subsection (f) shall file with the commission an affidavit or 
affirmation stating the amount that the provider paid to the 
comptroller under this section during the previous calendar year 
and the amount the provider recovered from its customers in 
cumulative payments during that year.
	(i)  The commission shall maintain the confidentiality of 
information the commission receives under this section that is 
claimed to be confidential for competitive purposes.  The 
confidential information is exempt from disclosure under Chapter 
552, Government Code.
	SECTION 2.  Subsection (b), Section 57.043, Utilities Code,
is amended to read as follows:
	(b)  The public schools account and qualifying entities 
account are financed by an annual assessment imposed as prescribed 
by Section 57.048 on each telecommunications provider [utility] and 
commercial mobile service provider doing business in this state.
	SECTION 3.  The changes in law made by this Act apply only to 
assessments imposed on or after the effective date of this Act.  
Assessments imposed before the effective date of this Act are 
governed by the law as it existed immediately before that date, and 
the former law is continued in effect for purposes of liability for 
and collection of those assessments.
	SECTION 4.  This Act takes effect September 1, 2005.