Texas 2009 - 81st Regular

Texas Senate Bill SB640 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1675 CLG-F
2	2	By: Ellis S.B. No. 640
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electronic technology infrastructure.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2054, Government Code, is amended by
10	10	adding Subchapter N to read as follows:
11	11	SUBCHAPTER N. ELECTRONIC TECHNOLOGY INFRASTRUCTURE
12	12	Sec. 2054.501. DEFINITION. In this subchapter, "technology
13	13	infrastructure" means information resources technologies designed
14	14	for or used for the transmission, emission, or reception of signs,
15	15	signals, writings, images, or sounds of intelligence by wire,
16	16	radio, microwave, or other optical or electromagnetic systems and
17	17	any related hardware, software, or programming. The term includes
18	18	features, facilities, equipment, systems, functions, programming,
19	19	capabilities, and technical support related to or used in
20	20	providing:
21	21	(1) advanced services as defined by 47 C.F.R. Section
22	22	51.5;
23	23	(2) broadband Internet service;
24	24	(3) cable service as defined by 47 U.S.C. Section
25	25	522(6);
26	26	(4) information service as defined by 47 U.S.C.
27	27	Section 153(20);
28	28	(5) Internet protocol enabled services; and
29	29	(6) telecommunications service as defined by 47 U.S.C.
30	30	Section 153(46).
31	31	Sec. 2054.502. INNOVATION CENTER. The innovation center is
32	32	an office within the department and is primarily responsible for
33	33	encouraging the development and implementation of technology
34	34	infrastructure for public and private uses throughout the state.
35	35	Sec. 2054.503. GRANT PROGRAM. (a) The innovation center
36	36	shall create a grant program to award grants to a municipality, a
37	37	county, or an agency or instrumentality of a municipality or county
38	38	to improve technology infrastructure.
39	39	(b) The criteria for the awarding of a grant must include a
40	40	requirement that a grant recipient match the amount of the grant on
41	41	a dollar-for-dollar basis. A grant recipient may secure matching
42	42	contributions from any source, including private donations.
43	43	(c) In awarding a grant under the program, the innovation
44	44	center shall give preference to proposals for a municipality, a
45	45	county, or an agency or instrumentality of a municipality or county
46	46	to offer wireless Internet service.
47	47	Sec. 2054.504. TECHNICAL ASSISTANCE. (a) The innovation
48	48	center may provide to a state agency or local government technical
49	49	assistance, including consulting services, regarding the
50	50	development and improvement of technology infrastructure.
51	51	(b) The innovation center may charge a fee for consulting
52	52	services provided under this section.
53	53	Sec. 2054.505. GIFTS, GRANTS, AND ENDOWMENT. The
54	54	innovation center may solicit and accept an endowment of money to be
55	55	administered by the department outside the treasury or a gift,
56	56	grant, or donation:
57	57	(1) for the purposes of this subchapter; and
58	58	(2) under the directions, limitations, or other
59	59	provisions prescribed in writing by the donor that are not
60	60	inconsistent with state law and the purposes of this subchapter.
61	61	Sec. 2054.506. RULEMAKING AUTHORITY. The department shall
62	62	adopt rules to implement this subchapter.
63	63	SECTION 2. Subchapter Z, Chapter 271, Local Government
64	64	Code, is amended by adding Section 271.908 to read as follows:
65	65	Sec. 271.908. AUTHORITY AND COOPERATION REGARDING
66	66	TECHNOLOGY INFRASTRUCTURE. (a) In this section:
67	67	(1) "Information resources technologies" and "state
68	68	agency" have the meanings assigned by Section 2054.003, Government
69	69	Code.
70	70	(2) "Local government" means a county or municipality
71	71	or an agency or instrumentality of a county or municipality.
72	72	(3) "Technology infrastructure" has the meaning
73	73	assigned by Section 2054.501, Government Code.
74	74	(b) Except as provided by Section 54.202, Utilities Code, a
75	75	local government may:
76	76	(1) construct, own, and operate technology
77	77	infrastructure;
78	78	(2) enter into a contract or joint venture with a
79	79	business entity to construct, own, use, deliver, grant, operate,
80	80	maintain, sell, purchase, lease, or equip technology
81	81	infrastructure; or
82	82	(3) subject to Subsection (c), sell capacity in, or
83	83	grant other similar rights for a private entity to use, technology
84	84	infrastructure owned or operated by the local government.
85	85	(c) The authority granted to a local government under
86	86	Subsection (b)(3) may be exercised only by a written contract or
87	87	lease.
88	88	(d) A state agency shall cooperate with a local government
89	89	regarding a proposal for the local government to offer wireless
90	90	Internet service.
91	91	(e) A local government may issue revenue bonds to pay all or
92	92	part of the costs of technology infrastructure improvements.
93	93	SECTION 3. (a) In this section:
94	94	(1) "Information resources technologies" has the
95	95	meaning assigned by Section 2054.003, Government Code.
96	96	(2) "Institution of higher education" has the meaning
97	97	assigned by Section 61.003, Education Code.
98	98	(3) "Local government" means a county or municipality
99	99	or an agency or instrumentality of a county or municipality.
100	100	(4) "Technology infrastructure" has the meaning
101	101	assigned by Section 2054.501, Government Code, as added by this
102	102	Act.
103	103	(b) The Department of Information Resources shall conduct a
104	104	study regarding the availability and level of technology
105	105	infrastructure in this state and compare the best practices of
106	106	developing and using existing technology infrastructure in this
107	107	state and other states in the United States.
108	108	(c) In conducting the study required by this section, the
109	109	department shall consider the resources and technical support
110	110	available through public and private entities and agencies,
111	111	including:
112	112	(1) institutions of higher education;
113	113	(2) commissions as defined by Section 391.002, Local
114	114	Government Code;
115	115	(3) high technology associations; and
116	116	(4) organizations that represent the interests of
117	117	businesses in this state.
118	118	(d) Not later than September 1, 2010, the department shall
119	119	prepare and make available to the public a report regarding the
120	120	findings of the study. The report must:
121	121	(1) address the current availability and need for
122	122	technology infrastructure in this state;
123	123	(2) develop and recommend options and strategies to
124	124	upgrade technology infrastructure throughout the state;
125	125	(3) include strategies that the department will employ
126	126	to encourage and foster the development of technology cooperation
127	127	and partnerships among the state, local governments, private
128	128	businesses, and institutions of higher education;
129	129	(4) address the projected level of technology
130	130	infrastructure in this state if the state does not support, through
131	131	funding, encouragement, or otherwise:
132	132	(A) the development of new or emerging technology
133	133	infrastructure;
134	134	(B) increased access to existing technology
135	135	infrastructure; and
136	136	(C) enhancements to existing technology
137	137	infrastructure; and
138	138	(5) make recommendations regarding the actions the
139	139	state must take to encourage public and private entities,
140	140	especially local governments, to improve access to and enhance
141	141	technology infrastructure.
142	142	(e) This section expires January 1, 2011.
143	143	SECTION 4. Not later than November 1, 2009, the Department
144	144	of Information Resources shall adopt rules to implement Subchapter
145	145	N, Chapter 2054, Government Code, as added by this Act.
146	146	SECTION 5. This Act takes effect September 1, 2009.