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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 Subsection (d) 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 year if the provider determines |
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that the sum of the compensation due from the provider and any |
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member of the provider's affiliated group to all municipalities in |
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this state under Subsection (a) is less than the sum of the fees due |
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from the provider and any member of the provider's affiliated group |
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to all municipalities in this state under Section 66.005, Utilities |
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Code. The determination under this subsection for a given year must |
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be based on amounts actually paid, or amounts that would have been |
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paid notwithstanding this subsection, during the immediately |
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preceding calendar year by the provider and any member of the |
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provider's affiliated group. In the case of a conflict between this |
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subsection and Section 283.055, this subsection prevails. |
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SECTION 2. Section 66.005, Utilities Code, is amended by |
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adding Subsection (d) 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 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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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, Local Government Code, |
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this subsection prevails. |
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SECTION 3. The change in law made by this Act applies only |
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to a payment made on or after the effective date of this Act. A |
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payment made before the effective date of this Act is governed by |
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the law in effect on the date the payment was made, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |