80R6718 CBH-D
 
  By: Guillen H.B. No. 1459
 
A BILL TO BE ENTITLED
AN ACT
relating to the application of the sales and use tax to certain
telecommunications services provided through the use of a pay
phone.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 151.0103, Tax Code, is amended to read as
follows:
       Sec. 151.0103.  TELECOMMUNICATIONS SERVICES. (a) For the
purposes of this title only, "telecommunications services" means
the electronic or electrical transmission, conveyance, routing, or
reception of sounds, signals, data, or information utilizing wires,
cable, radio waves, microwaves, satellites, fiber optics, or any
other method now in existence or that may be devised, including but
not limited to long-distance telephone service. The term does not
include:
             (1)  the storage of data or information for subsequent
retrieval or the processing, or reception and processing, of data
or information intended to change its form or content;
             (2)  the sale or use of a telephone prepaid calling
card; [or]
             (3)  Internet access service; or
             (4)  a pay telephone coin sent-paid telephone call.
       (b)  The exemption provided by Subsection (a)(4) applies
only to the portion of the sales price of the telecommunications
service that is paid by coin.
       SECTION 2.  The change in law made by this Act does not
affect tax liability accruing before the effective date of this
Act. That liability continues in effect as if this Act had not been
enacted, and the former law is continued in effect for the
collection of taxes due and for civil and criminal enforcement of
the liability for those taxes.
       SECTION 3.  This Act takes effect September 1, 2007.