1 | 1 | | 86R11518 JXC-D |
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2 | 2 | | By: Perry S.B. No. 1103 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the broadband office within the Public |
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8 | 8 | | Utility Commission of Texas and the establishment of a broadband |
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9 | 9 | | investment grant program. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subtitle A, Title 2, Utilities Code, is amended |
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12 | 12 | | by adding Chapter 18 to read as follows: |
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13 | 13 | | CHAPTER 18. BROADBAND OFFICE |
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14 | 14 | | Sec. 18.0101. DEFINITIONS. In this chapter: |
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15 | 15 | | (1) "Account" means the broadband investment account. |
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16 | 16 | | (2) "Broadband" means a mass-market retail service by |
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17 | 17 | | wire or radio that provides the capability to transmit data to and |
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18 | 18 | | receive data from all or substantially all Internet endpoints, |
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19 | 19 | | including capabilities that are incidental to and enable the |
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20 | 20 | | operation of the service. The term includes a service that is |
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21 | 21 | | functionally equivalent to the service described by this |
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22 | 22 | | subdivision. The term does not include dial-up Internet access. |
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23 | 23 | | (3) "Grant program" means the program established by |
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24 | 24 | | the broadband office under Section 18.0104. |
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25 | 25 | | (4) "Rural community" means a municipality with a |
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26 | 26 | | population of less than 50,000 or a county with a population of less |
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27 | 27 | | than 200,000. |
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28 | 28 | | Sec. 18.0102. OFFICE. (a) The broadband office is an |
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29 | 29 | | office within the commission. |
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30 | 30 | | (b) The commission may employ additional employees |
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31 | 31 | | necessary for the discharge of the duties of the office. |
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32 | 32 | | Sec. 18.0103. POWERS AND DUTIES. The broadband office |
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33 | 33 | | shall: |
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34 | 34 | | (1) facilitate and coordinate the efforts of state |
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35 | 35 | | agencies and local units of government, including regional planning |
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36 | 36 | | commissions, in connection with the planning and deployment of |
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37 | 37 | | broadband projects; |
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38 | 38 | | (2) develop broadband investment and deployment |
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39 | 39 | | strategies for rural communities and other areas of this state that |
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40 | 40 | | are underserved and unserved with respect to broadband; |
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41 | 41 | | (3) promote and coordinate public sector and private |
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42 | 42 | | sector broadband solutions in support of statewide broadband |
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43 | 43 | | development goals; |
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44 | 44 | | (4) assist and promote local and regional broadband |
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45 | 45 | | planning; |
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46 | 46 | | (5) pursue and obtain federal sources of broadband |
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47 | 47 | | funding; |
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48 | 48 | | (6) develop a framework to measure broadband access in |
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49 | 49 | | and designate areas of this state that are underserved and unserved |
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50 | 50 | | with respect to broadband; |
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51 | 51 | | (7) develop statewide goals for broadband deployment |
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52 | 52 | | in rural communities and other underserved and unserved areas |
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53 | 53 | | designated under Subdivision (6); |
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54 | 54 | | (8) manage and award funds allocated to the broadband |
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55 | 55 | | office for broadband projects; and |
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56 | 56 | | (9) serve as an information clearinghouse in relation |
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57 | 57 | | to federal programs providing assistance to local entities with |
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58 | 58 | | respect to broadband. |
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59 | 59 | | Sec. 18.0104. GRANT PROGRAM FOR BROADBAND INVESTMENT |
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60 | 60 | | PROJECTS. (a) The broadband office shall establish a program to |
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61 | 61 | | provide grants to public or private entities for projects that |
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62 | 62 | | stimulate the installation and maintenance of broadband in rural |
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63 | 63 | | communities and other underserved or unserved areas of this state |
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64 | 64 | | with respect to broadband. |
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65 | 65 | | (b) The commission by rule shall adopt standards for a |
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66 | 66 | | project eligible to be awarded a grant by the broadband office under |
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67 | 67 | | this section. In awarding a grant, the office shall consider: |
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68 | 68 | | (1) the financial strength of the applicant; |
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69 | 69 | | (2) the applicant's business history; |
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70 | 70 | | (3) an analysis of the relevant business sector; |
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71 | 71 | | (4) whether there is public or private sector |
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72 | 72 | | financial support for the project; and |
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73 | 73 | | (5) whether there is local support for the project. |
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74 | 74 | | Sec. 18.0105. BROADBAND INVESTMENT ACCOUNT. (a) The |
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75 | 75 | | broadband investment account is an account in the general revenue |
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76 | 76 | | fund. |
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77 | 77 | | (b) The account consists of: |
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78 | 78 | | (1) appropriations of money to the account by the |
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79 | 79 | | legislature; |
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80 | 80 | | (2) gifts, grants, including federal grants, and other |
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81 | 81 | | donations received under Section 18.0106; and |
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82 | 82 | | (3) interest earned on the investment of money in the |
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83 | 83 | | account. |
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84 | 84 | | (c) Money in the account may be appropriated only to the |
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85 | 85 | | broadband office for purposes of the grant program. |
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86 | 86 | | (d) The account is exempt from the application of Section |
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87 | 87 | | 404.071, Government Code. |
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88 | 88 | | Sec. 18.0106. GIFTS, GRANTS, AND DONATIONS. The broadband |
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89 | 89 | | office may accept gifts, grants, and donations from any source that |
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90 | 90 | | are made for the purposes of the grant program. The broadband |
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91 | 91 | | office shall deposit to the credit of the account money received |
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92 | 92 | | under this section. |
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93 | 93 | | Sec. 18.0107. RULEMAKING. The commission by rule shall |
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94 | 94 | | implement and administer the grant program. |
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95 | 95 | | SECTION 2. This Act takes effect September 1, 2019. |
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