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A BILL TO BE ENTITLED
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AN ACT
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relating to entities that provide video services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.002(10), Utilities Code, is amended |
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to read as follows: |
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(10) "Video service" means video programming services |
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provided through wireline facilities located at least in part in |
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the public right-of-way without regard to delivery technology, |
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including Internet protocol technology. The term [This definition] |
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does not include: |
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(A) any video service provided by a commercial |
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mobile service provider as defined in 47 U.S.C. Section 332(d); |
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(B) direct-to-home satellite services, as |
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defined in 47 U.S.C. Section 303(v), that are transmitted from a |
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satellite directly to a customer's premises without using or |
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accessing a portion of the public right-of-way; or |
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(C) any video programming accessed via a service |
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that enables users to access content, information, e-mail, or other |
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services offered over the Internet, including streaming content. |
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SECTION 2. Chapter 66, Utilities Code, is amended by adding |
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Section 66.017 to read as follows: |
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Sec. 66.017. PRESERVATION OF CERTAIN DUTIES. (a) The |
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enactment of Sections 66.002(10)(B) and (C) does not affect the |
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obligation of a person who holds a state-issued certificate of |
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franchise authority on September 1, 2025, to provide the |
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compensation required under this chapter for use of a public |
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right-of-way. |
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(b) The enactment of Sections 66.002(10)(B) and (C) does not |
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affect the application of this chapter to compensation with respect |
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to services described by those sections provided before September |
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1, 2025, by a person who is involved in litigation regarding this |
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chapter on September 1, 2025. |
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SECTION 3. It is the intent of the legislature that the |
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changes in law made by this Act do not affect the existing right of a |
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municipality to bring an action against a holder or non-holder of a |
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state-issued certificate of franchise authority in a court of |
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competent jurisdiction under Chapter 66, Utilities Code. |
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SECTION 4. This Act takes effect September 1, 2025. |