81R1675 CLG-F
By: Ellis S.B. No. 640
A BILL TO BE ENTITLED
AN ACT
relating to electronic technology infrastructure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2054, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. ELECTRONIC TECHNOLOGY INFRASTRUCTURE
Sec. 2054.501. DEFINITION. In this subchapter, "technology
infrastructure" means information resources technologies designed
for or used for the transmission, emission, or reception of signs,
signals, writings, images, or sounds of intelligence by wire,
radio, microwave, or other optical or electromagnetic systems and
any related hardware, software, or programming. The term includes
features, facilities, equipment, systems, functions, programming,
capabilities, and technical support related to or used in
providing:
(1) advanced services as defined by 47 C.F.R. Section
51.5;
(2) broadband Internet service;
(3) cable service as defined by 47 U.S.C. Section
522(6);
(4) information service as defined by 47 U.S.C.
Section 153(20);
(5) Internet protocol enabled services; and
(6) telecommunications service as defined by 47 U.S.C.
Section 153(46).
Sec. 2054.502. INNOVATION CENTER. The innovation center is
an office within the department and is primarily responsible for
encouraging the development and implementation of technology
infrastructure for public and private uses throughout the state.
Sec. 2054.503. GRANT PROGRAM. (a) The innovation center
shall create a grant program to award grants to a municipality, a
county, or an agency or instrumentality of a municipality or county
to improve technology infrastructure.
(b) The criteria for the awarding of a grant must include a
requirement that a grant recipient match the amount of the grant on
a dollar-for-dollar basis. A grant recipient may secure matching
contributions from any source, including private donations.
(c) In awarding a grant under the program, the innovation
center shall give preference to proposals for a municipality, a
county, or an agency or instrumentality of a municipality or county
to offer wireless Internet service.
Sec. 2054.504. TECHNICAL ASSISTANCE. (a) The innovation
center may provide to a state agency or local government technical
assistance, including consulting services, regarding the
development and improvement of technology infrastructure.
(b) The innovation center may charge a fee for consulting
services provided under this section.
Sec. 2054.505. GIFTS, GRANTS, AND ENDOWMENT. The
innovation center may solicit and accept an endowment of money to be
administered by the department outside the treasury or a gift,
grant, or donation:
(1) for the purposes of this subchapter; and
(2) under the directions, limitations, or other
provisions prescribed in writing by the donor that are not
inconsistent with state law and the purposes of this subchapter.
Sec. 2054.506. RULEMAKING AUTHORITY. The department shall
adopt rules to implement this subchapter.
SECTION 2. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.908 to read as follows:
Sec. 271.908. AUTHORITY AND COOPERATION REGARDING
TECHNOLOGY INFRASTRUCTURE. (a) In this section:
(1) "Information resources technologies" and "state
agency" have the meanings assigned by Section 2054.003, Government
Code.
(2) "Local government" means a county or municipality
or an agency or instrumentality of a county or municipality.
(3) "Technology infrastructure" has the meaning
assigned by Section 2054.501, Government Code.
(b) Except as provided by Section 54.202, Utilities Code, a
local government may:
(1) construct, own, and operate technology
infrastructure;
(2) enter into a contract or joint venture with a
business entity to construct, own, use, deliver, grant, operate,
maintain, sell, purchase, lease, or equip technology
infrastructure; or
(3) subject to Subsection (c), sell capacity in, or
grant other similar rights for a private entity to use, technology
infrastructure owned or operated by the local government.
(c) The authority granted to a local government under
Subsection (b)(3) may be exercised only by a written contract or
lease.
(d) A state agency shall cooperate with a local government
regarding a proposal for the local government to offer wireless
Internet service.
(e) A local government may issue revenue bonds to pay all or
part of the costs of technology infrastructure improvements.
SECTION 3. (a) In this section:
(1) "Information resources technologies" has the
meaning assigned by Section 2054.003, Government Code.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Local government" means a county or municipality
or an agency or instrumentality of a county or municipality.
(4) "Technology infrastructure" has the meaning
assigned by Section 2054.501, Government Code, as added by this
Act.
(b) The Department of Information Resources shall conduct a
study regarding the availability and level of technology
infrastructure in this state and compare the best practices of
developing and using existing technology infrastructure in this
state and other states in the United States.
(c) In conducting the study required by this section, the
department shall consider the resources and technical support
available through public and private entities and agencies,
including:
(1) institutions of higher education;
(2) commissions as defined by Section 391.002, Local
Government Code;
(3) high technology associations; and
(4) organizations that represent the interests of
businesses in this state.
(d) Not later than September 1, 2010, the department shall
prepare and make available to the public a report regarding the
findings of the study. The report must:
(1) address the current availability and need for
technology infrastructure in this state;
(2) develop and recommend options and strategies to
upgrade technology infrastructure throughout the state;
(3) include strategies that the department will employ
to encourage and foster the development of technology cooperation
and partnerships among the state, local governments, private
businesses, and institutions of higher education;
(4) address the projected level of technology
infrastructure in this state if the state does not support, through
funding, encouragement, or otherwise:
(A) the development of new or emerging technology
infrastructure;
(B) increased access to existing technology
infrastructure; and
(C) enhancements to existing technology
infrastructure; and
(5) make recommendations regarding the actions the
state must take to encourage public and private entities,
especially local governments, to improve access to and enhance
technology infrastructure.
(e) This section expires January 1, 2011.
SECTION 4. Not later than November 1, 2009, the Department
of Information Resources shall adopt rules to implement Subchapter
N, Chapter 2054, Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2009.