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  83R4110 AJZ-F
 
  By: Flynn H.B. No. 1041
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prepaid wireless 9-1-1 emergency services fee;
  clarifying the applicability of the fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 771.0712(a), Health and Safety Code, is
  amended to read as follows:
         (a)  To ensure that all 9-1-1 agencies under Section 418.051,
  Government Code, are adequately funded, [beginning on June 1,
  2010,] a prepaid wireless 9-1-1 emergency services fee of two
  percent of the purchase price of each prepaid wireless
  telecommunications service purchased by any method[,] shall be
  collected by the seller from the consumer at the time of each retail
  transaction of prepaid wireless telecommunications service
  occurring in this state and remitted to the comptroller consistent
  with Chapter 151, Tax Code, and distributed consistent with the
  procedures in place for the emergency services fee in Section
  771.0711, Health and Safety Code.  A seller may deduct and retain
  two percent of prepaid wireless 9-1-1 emergency services fees that
  it collects under this section to offset its costs in administering
  this fee.  Notwithstanding any other provision of this subchapter,
  the fee under this subsection is the only 9-1-1 emergency services
  fee that applies under this subchapter to a prepaid wireless
  telecommunications service.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.