86R11518 JXC-D
By: Anderson H.B. No. 2423
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the broadband office within the Public
Utility Commission of Texas and the establishment of a broadband
investment grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Utilities Code, is amended
by adding Chapter 18 to read as follows:
CHAPTER 18. BROADBAND OFFICE
Sec. 18.0101. DEFINITIONS. In this chapter:
(1) "Account" means the broadband investment account.
(2) "Broadband" means a mass-market retail service by
wire or radio that provides the capability to transmit data to and
receive data from all or substantially all Internet endpoints,
including capabilities that are incidental to and enable the
operation of the service. The term includes a service that is
functionally equivalent to the service described by this
subdivision. The term does not include dial-up Internet access.
(3) "Grant program" means the program established by
the broadband office under Section 18.0104.
(4) "Rural community" means a municipality with a
population of less than 50,000 or a county with a population of less
than 200,000.
Sec. 18.0102. OFFICE. (a) The broadband office is an
office within the commission.
(b) The commission may employ additional employees
necessary for the discharge of the duties of the office.
Sec. 18.0103. POWERS AND DUTIES. The broadband office
shall:
(1) facilitate and coordinate the efforts of state
agencies and local units of government, including regional planning
commissions, in connection with the planning and deployment of
broadband projects;
(2) develop broadband investment and deployment
strategies for rural communities and other areas of this state that
are underserved and unserved with respect to broadband;
(3) promote and coordinate public sector and private
sector broadband solutions in support of statewide broadband
development goals;
(4) assist and promote local and regional broadband
planning;
(5) pursue and obtain federal sources of broadband
funding;
(6) develop a framework to measure broadband access in
and designate areas of this state that are underserved and unserved
with respect to broadband;
(7) develop statewide goals for broadband deployment
in rural communities and other underserved and unserved areas
designated under Subdivision (6);
(8) manage and award funds allocated to the broadband
office for broadband projects; and
(9) serve as an information clearinghouse in relation
to federal programs providing assistance to local entities with
respect to broadband.
Sec. 18.0104. GRANT PROGRAM FOR BROADBAND INVESTMENT
PROJECTS. (a) The broadband office shall establish a program to
provide grants to public or private entities for projects that
stimulate the installation and maintenance of broadband in rural
communities and other underserved or unserved areas of this state
with respect to broadband.
(b) The commission by rule shall adopt standards for a
project eligible to be awarded a grant by the broadband office under
this section. In awarding a grant, the office shall consider:
(1) the financial strength of the applicant;
(2) the applicant's business history;
(3) an analysis of the relevant business sector;
(4) whether there is public or private sector
financial support for the project; and
(5) whether there is local support for the project.
Sec. 18.0105. BROADBAND INVESTMENT ACCOUNT. (a) The
broadband investment account is an account in the general revenue
fund.
(b) The account consists of:
(1) appropriations of money to the account by the
legislature;
(2) gifts, grants, including federal grants, and other
donations received under Section 18.0106; and
(3) interest earned on the investment of money in the
account.
(c) Money in the account may be appropriated only to the
broadband office for purposes of the grant program.
(d) The account is exempt from the application of Section
404.071, Government Code.
Sec. 18.0106. GIFTS, GRANTS, AND DONATIONS. The broadband
office may accept gifts, grants, and donations from any source that
are made for the purposes of the grant program. The broadband
office shall deposit to the credit of the account money received
under this section.
Sec. 18.0107. RULEMAKING. The commission by rule shall
implement and administer the grant program.
SECTION 2. This Act takes effect September 1, 2019.