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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of certain fees to municipalities by |
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entities that provide telecommunications and cable or video |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 283.051, Local Government Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) In this subsection, "affiliated group" has the meaning |
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assigned by Section 171.0001, Tax Code. A certificated |
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telecommunications provider is not required to pay any compensation |
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under Subsection (a) for a given calendar year if the provider |
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determines that the sum of the compensation due from the provider |
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and any member of the provider's affiliated group to all |
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municipalities in this state under Subsection (a) is less than the |
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sum of the fees due from the provider and any member of the |
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provider's affiliated group to all municipalities in this state |
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under Section 66.005, Utilities Code. The determination under this |
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subsection for a given year must be based on amounts actually paid, |
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or amounts that would have been paid notwithstanding this |
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subsection, during the 12-month period ending June 30 of the |
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immediately preceding calendar year by the provider and any member |
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of the provider's affiliated group. In the case of a conflict |
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between this subsection and Section 283.055, this subsection |
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prevails. |
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(e) Notwithstanding the aggregate amount of compensation or |
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fees paid in this state calculated under Subsection (d), Subsection |
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(d) does not exempt a certificated telecommunications provider from |
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paying compensation under Subsection (a) to a municipality if the |
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provider is not required to pay a fee authorized by Section 66.005, |
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Utilities Code, or another fee described in 47 U.S.C. Section |
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542(g), to that municipality. This subsection applies only to a |
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municipality described in this subsection and does not limit the |
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application of Subsection (d) to any other municipality. |
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(f) A certificated telecommunications provider shall file, |
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not later than October 1 of each year, an annual written |
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notification with each municipality in which the provider provides |
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telecommunications services of the provider's requirement to pay |
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compensation under Subsection (a) or exemption from the requirement |
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to pay compensation under Subsection (d) for the following calendar |
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year. |
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SECTION 2. Section 66.005, Utilities Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) In this subsection, "affiliated group" has the meaning |
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assigned by Section 171.0001, Tax Code. A holder of a state-issued |
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certificate of franchise authority is not subject to the fee |
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imposed under Subsection (a) for a given calendar year if the holder |
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determines that the sum of fees due from the holder and any member |
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of the holder's affiliated group to all municipalities in this |
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state under Subsection (a) is less than the sum of the compensation |
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due from the holder and any member of the holder's affiliated group |
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to all municipalities in this state under Section 283.051, Local |
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Government Code. The determination under this subsection for a |
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given year must be based on amounts actually paid, or amounts that |
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would have been paid notwithstanding this subsection, during the |
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12-month period ending June 30 of the immediately preceding |
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calendar year by the holder and any member of the holder's |
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affiliated group. In the case of a conflict between this subsection |
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and Section 283.055, Local Government Code, this subsection |
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prevails. |
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(e) Notwithstanding the aggregate amount of compensation or |
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fees paid in this state calculated under Subsection (d), Subsection |
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(d) does not exempt a holder of a state-issued certificate of |
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franchise authority from paying the fee imposed under Subsection |
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(a) to a municipality if the holder is not required to pay |
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compensation under Section 283.051, Local Government Code, to that |
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municipality. This subsection applies only to a municipality |
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described in this subsection and does not limit the application of |
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Subsection (d) to any other municipality. Nothing in this |
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subsection affects the application of Section 66.006 or 66.009 to |
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any holder of a state-issued certificate of franchise authority. |
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(f) A holder of a state-issued certificate of franchise |
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authority shall file, not later than October 1 of each year, an |
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annual written notification with each municipality in which the |
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holder provides cable or video services of the holder's requirement |
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to pay the fee under Subsection (a) or exemption from the |
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requirement to pay the fee under Subsection (d) for the following |
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calendar year. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to a payment made on or after January 1, 2020. A payment made |
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before January 1, 2020, is governed by the law in effect on the date |
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the payment was made, and the former law is continued in effect for |
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that purpose. |
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(b) A determination of compensation or fees described by |
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Section 283.051(d), Local Government Code, as added by this Act, or |
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Section 66.005(d), Utilities Code, as added by this Act, for the |
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year 2020 must be based on amounts actually paid between July 1, |
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2018, and June 30, 2019. |
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SECTION 4. This Act takes effect September 1, 2019. |