Sec. 322.109.  TELECOMMUNICATIONS EXEMPTION.  (a)  There are exempted from the taxes imposed by a taxing entity under this chapter the sales within the entity area of telecommunications services unless the application of the exemption is repealed under this section.  A taxing entity may not repeal the application of this exemption as it applies to interstate long-distance telecommunications services, but if a taxing entity has repealed the exemption before the effective date of Part 4, Article 1, H.B. No. 61, Acts of the 70th Legislature, 2nd Called Session, 1987, interstate long-distance telecommunications services in that taxing entity are not subject to taxes imposed under this chapter.
(b)  Except as provided by Subsection (d), the board of a taxing entity may, by a majority vote of the board in the manner required for the adoption of other orders, repeal the application of the exemption provided by Subsection (a) for telecommunications services sold within the city.
(c)  A taxing entity board that has repealed the application of the exemption may in the same manner reinstate the exemption.
(d)  The governing board of a taxing entity created under Chapter 451, Transportation Code, may not repeal the application of the exemption provided by Subsection (a) unless the repeal is first approved by a majority of the members of the governing body of each municipality that created the taxing entity.  A reinstatement of the exemption must be approved in the same manner.
(e)  A vote of a taxing entity board repealing the application of or reinstating the exemption must be entered in the minutes of the entity.  The entity board chairman or secretary shall send to the comptroller by United States certified or registered mail a copy of each order adopted under this section.  The repeal of the application of the exemption or a reinstated exemption takes effect within the entity on the first day of the first calendar quarter after the expiration of the first complete calendar quarter after the date on which the comptroller receives a copy of the order.
Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 5, art. 1, pt. 4, Sec. 34;  Acts 1999, 76th Leg., ch. 1008, Sec. 1, eff. June 18, 1999.