Bill Text: TX SB327 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to termination of franchises to provide cable or video service in municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB327 Detail]
Download: Texas-2013-SB327-Introduced.html
Bill Title: Relating to termination of franchises to provide cable or video service in municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB327 Detail]
Download: Texas-2013-SB327-Introduced.html
83R4140 JXC-F | ||
By: Carona | S.B. No. 327 |
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relating to termination of franchises to provide cable or video | ||
service in municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 66.004(b), (c), and (f), Utilities | ||
Code, are amended to read as follows: | ||
(b) Beginning September 1, 2005, a cable service provider or | ||
video service provider [ |
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terminate a [ |
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certificate of franchise authority by providing written notice to | ||
the commission and the affected municipality [ |
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commission issues the state-issued certificate of franchise | ||
authority. | ||
(c) A cable service provider that elects under this section | ||
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municipal franchise is responsible for remitting to the affected | ||
municipality before the 91st day after the date the municipal | ||
franchise is terminated any accrued but unpaid franchise fees due | ||
under the terminated franchise. If the cable service provider has | ||
credit remaining from prepaid franchise fees, the provider may | ||
deduct the amount of the remaining credit from any future fees or | ||
taxes it must pay to the municipality, either directly or through | ||
the comptroller. | ||
(f) Except as provided in this chapter, nothing in this | ||
chapter is intended to abrogate, nullify, or adversely affect in | ||
any way the contractual rights, duties, and obligations existing | ||
and incurred by a cable service provider or a video service provider | ||
before the date a franchise expires or the date a provider | ||
terminates a franchise under this section [ |
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firm, partnership, corporation, or other entity including without | ||
limitation those obligations measured by and related to the gross | ||
revenue hereafter received by the holder of a state-issued | ||
certificate of franchise authority for services provided in the | ||
geographic area to which such prior franchise or permit | ||
applies. All liens, security interests, royalties, and other | ||
contracts, rights, and interests in effect on September 1, 2005, or | ||
the date a franchise is terminated under this section [ |
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necessity for renewal, extension, or continuance, and shall be paid | ||
and performed by the holder of a state-issued certificate of | ||
franchise authority, and shall apply as though the revenue | ||
generated by the holder of a state-issued certificate of franchise | ||
authority continued to be generated pursuant to the permit or | ||
franchise issued by the prior local franchising authority or | ||
municipality within the geographic area to which the prior permit | ||
or franchise applies. It shall be a condition to the issuance and | ||
continuance of a state-issued certificate of franchise authority | ||
that the private contractual rights and obligations herein | ||
described continue to be honored, paid, or performed to the same | ||
extent as though the cable service provider continued to operate | ||
under its prior franchise or permit, for the duration of such | ||
state-issued certificate of franchise authority and any renewals or | ||
extensions thereof, and that the applicant so agrees. Any person, | ||
firm, partnership, corporation, or other entity holding or claiming | ||
rights herein reserved may enforce same by an action brought in a | ||
court of competent jurisdiction. | ||
SECTION 2. Section 66.009(h), Utilities Code, is amended to | ||
read as follows: | ||
(h) Where technically feasible, the holder of a | ||
state-issued certificate of franchise authority that is not an | ||
incumbent cable service provider and an incumbent cable service | ||
provider, including an incumbent cable service provider that holds | ||
a state-issued certificate of franchise authority [ |
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their cable or video systems for the purpose of providing PEG | ||
programming. Interconnection may be accomplished by direct cable, | ||
microwave link, satellite, or other reasonable method of | ||
connection. The holder of a state-issued certificate of franchise | ||
authority and the incumbent cable service provider shall negotiate | ||
in good faith, and the incumbent cable service provider may not | ||
withhold interconnection of PEG channels. | ||
SECTION 3. Sections 66.004(a), (b-1), (b-2), and (b-3), | ||
Utilities Code, are repealed. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |