Texas HB 3535: Relating to the payment of certain fees to municipalities by entities that provide telecommunications and cable or video services.

Bill Text

By:AAPhelan H.B.ANo.A3535
A BILL TO BE ENTITLED
AN ACT
relating to the payment of certain fees to municipalities by
entities that provide telecommunications and cable or video
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 283.051, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d)AAIn this subsection, "affiliated group" has the meaning
assigned by Section 171.0001, Tax Code. A certificated
telecommunications provider is not required to pay any compensation
under Subsection (a) for a given year if the provider determines
that the sum of the compensation due from the provider and any
member of the provider’s affiliated group to all municipalities in
this state under Subsection (a) is less than the sum of the fees due
from the provider and any member of the provider’s affiliated group
to all municipalities in this state under Section 66.005, Utilities
Code. The determination under this subsection for a given year must
be based on amounts actually paid, or amounts that would have been
paid notwithstanding this subsection, during the immediately
preceding calendar year by the provider and any member of the
provider’s affiliated group. In the case of a conflict between this
subsection and Section 283.055, this subsection prevails.
SECTIONA2.AASection 66.005, Utilities Code, is amended by
adding Subsection (d) to read as follows:
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86R12165 JXC-F 1

(d)AAIn this subsection, "affiliated group" has the meaning
assigned by Section 171.0001, Tax Code. A holder of a state-issued
certificate of franchise authority is not subject to the fee
imposed under Subsection (a) for a given year if the holder
determines that the sum of fees due from the holder and any member
of the holder’s affiliated group to all municipalities in this
state under Subsection (a) is less than the sum of the compensation
due from the holder and any member of the holder’s affiliated group
to all municipalities in this state under Section 283.051, Local
Government Code. The determination under this subsection for a
given year must be based on amounts actually paid, or amounts that
would have been paid notwithstanding this subsection, during the
immediately preceding calendar year by the provider and any member
of the provider’s affiliated group. In the case of a conflict
between this subsection and Section 283.055, Local Government Code,
this subsection prevails.
SECTIONA3.AAThe change in law made by this Act applies only
to a payment made on or after the effective date of this Act. A
payment made before the effective date of this Act is governed by
the law in effect on the date the payment was made, and the former
law is continued in effect for that purpose.
SECTIONA4.AAThis Act takes effect September 1, 2019.
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H.B.ANo.A3535
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