S.B. No. 1152

	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:
	SECTION 1.  Section 283.051, Local Government Code, is
	amended by adding Subsections (d), (e), and (f) to read as follows:
	(d)  In 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 calendar 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 12-month period ending June 30 of 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.
	(e)  Notwithstanding the aggregate amount of compensation or
	fees paid in this state calculated under Subsection (d), Subsection
	(d) does not exempt a certificated telecommunications provider from
	paying compensation under Subsection (a) to a municipality if the
	provider is not required to pay a fee authorized by Section 66.005,
	Utilities Code, or another fee described in 47 U.S.C. Section
	542(g), to that municipality. This subsection applies only to a
	municipality described in this subsection and does not limit the
	application of Subsection (d) to any other municipality.
	(f)  A certificated telecommunications provider shall file,
	not later than October 1 of each year, an annual written
	notification with each municipality in which the provider provides
	telecommunications services of the provider's requirement to pay
	compensation under Subsection (a) or exemption from the requirement
	to pay compensation under Subsection (d) for the following calendar
	year.
	SECTION 2.  Section 66.005, Utilities Code, is amended by
	adding Subsections (d), (e), and (f) to read as follows:
	(d)  In 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 calendar 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
	12-month period ending June 30 of the immediately preceding
	calendar year by the holder and any member of the holder's
	affiliated group.  In the case of a conflict between this subsection
	and Section 283.055, Local Government Code, this subsection
	prevails.
	(e)  Notwithstanding the aggregate amount of compensation or
	fees paid in this state calculated under Subsection (d), Subsection
	(d) does not exempt a holder of a state-issued certificate of
	franchise authority from paying the fee imposed under Subsection
	(a) to a municipality if the holder is not required to pay
	compensation under Section 283.051, Local Government Code, to that
	municipality. This subsection applies only to a municipality
	described in this subsection and does not limit the application of
	Subsection (d) to any other municipality. Nothing in this
	subsection affects the application of Section 66.006 or 66.009 to
	any holder of a state-issued certificate of franchise authority.
	(f)  A holder of a state-issued certificate of franchise
	authority shall file, not later than October 1 of each year, an
	annual written notification with each municipality in which the
	holder provides cable or video services of the holder's requirement
	to pay the fee under Subsection (a) or exemption from the
	requirement to pay the fee under Subsection (d) for the following
	calendar year.
	SECTION 3.  (a)  The change in law made by this Act applies
	only to a payment made on or after January 1, 2020.  A payment made
	before January 1, 2020, 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.
	(b)  A determination of compensation or fees described by
	Section 283.051(d), Local Government Code, as added by this Act, or
	Section 66.005(d), Utilities Code, as added by this Act, for the
	year 2020 must be based on amounts actually paid between July 1,
	2018, and June 30, 2019.
	SECTION 4.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1152 passed the Senate on
	April 4, 2019, by the following vote: Yeas 26, Nays 5; and that the
	Senate concurred in House amendment on May 21, 2019, by the
	following vote: Yeas 28, Nays 3.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1152 passed the House, with
	amendment, on May 9, 2019, by the following vote: Yeas 92, Nays 50,
	two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor