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79R10046 JJT-D

By:  Shapleigh                                                    S.B. No. 1745



A BILL TO BE ENTITLED

AN ACT

relating to the telecommunications infrastructure fund.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 57.043, Utilities Code, is amended to 
read as follows:   
	Sec. 57.043.  TELECOMMUNICATIONS INFRASTRUCTURE FUND [AND 
ACCOUNTS].  (a)  The telecommunications infrastructure fund is an 
account in the general revenue fund.  [The telecommunications 
infrastructure fund account is composed of the public schools 
account and the qualifying entities account.]  Section 403.095, 
Government Code, does not apply to the [telecommunications 
infrastructure] fund [account or to the accounts that compose the 
fund account].
	(b)  The fund is [public schools account and qualifying 
entities account are] financed by an annual assessment imposed as 
prescribed by Section 57.048 on each telecommunications utility and 
commercial mobile service provider doing business in this state.
	(c)  Money in the fund may be appropriated only to fund the 
technology allotment under Section 32.005, Education Code [for a 
use consistent with the purposes of this subchapter].
	SECTION 2.  Sections 57.048(a) and (b), Utilities Code, are 
amended to read as follows:
	(a)  An annual assessment is imposed on each 
telecommunications utility, each cable service provider, and each 
commercial mobile service provider doing business in this state.
	(b)  The assessment is imposed at the rate of one [1.25] 
percent of the taxable telecommunications receipts of the 
telecommunications utility, cable service provider, or commercial 
mobile service provider, subject to this section.  Notwithstanding 
any other provision of this title, a telecommunications utility, 
cable service provider, or commercial mobile service provider may 
recover the assessment from its customers.
	SECTION 3.  The following provisions of the Utilities Code 
are repealed:     
		(1)  Sections 57.042(1), (2), (5), (6), (7), (8), (9), 
(11), (12), and (13);
		(2)  Sections 57.044-57.0475;                                                 
		(3)  Sections 57.048(c) and (d); and                                          
		(4)  Sections 57.0485-57.051.                                                 
	SECTION 4.  If, on the day before the effective date of this 
Act, the assessment prescribed by Section 57.048, Utilities Code, 
as amended by this Act, is imposed at a rate of less than one 
percent, the comptroller shall, effective September 1, 2005, reset 
the rate of the assessment to one percent.
	SECTION 5.  The assessment imposed under Section 57.048, 
Utilities Code, as amended by this Act, applies to taxable 
telecommunications receipts of a telecommunications utility, cable 
service provider, or commercial mobile service provider that accrue 
on and after September 1, 2005.
	SECTION 6.  This Act takes effect September 1, 2005.