Texas 2019 - 86th Regular

Texas Senate Bill SB1103 Compare Versions

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11 86R11518 JXC-D
22 By: Perry S.B. No. 1103
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the broadband office within the Public
88 Utility Commission of Texas and the establishment of a broadband
99 investment grant program.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle A, Title 2, Utilities Code, is amended
1212 by adding Chapter 18 to read as follows:
1313 CHAPTER 18. BROADBAND OFFICE
1414 Sec. 18.0101. DEFINITIONS. In this chapter:
1515 (1) "Account" means the broadband investment account.
1616 (2) "Broadband" means a mass-market retail service by
1717 wire or radio that provides the capability to transmit data to and
1818 receive data from all or substantially all Internet endpoints,
1919 including capabilities that are incidental to and enable the
2020 operation of the service. The term includes a service that is
2121 functionally equivalent to the service described by this
2222 subdivision. The term does not include dial-up Internet access.
2323 (3) "Grant program" means the program established by
2424 the broadband office under Section 18.0104.
2525 (4) "Rural community" means a municipality with a
2626 population of less than 50,000 or a county with a population of less
2727 than 200,000.
2828 Sec. 18.0102. OFFICE. (a) The broadband office is an
2929 office within the commission.
3030 (b) The commission may employ additional employees
3131 necessary for the discharge of the duties of the office.
3232 Sec. 18.0103. POWERS AND DUTIES. The broadband office
3333 shall:
3434 (1) facilitate and coordinate the efforts of state
3535 agencies and local units of government, including regional planning
3636 commissions, in connection with the planning and deployment of
3737 broadband projects;
3838 (2) develop broadband investment and deployment
3939 strategies for rural communities and other areas of this state that
4040 are underserved and unserved with respect to broadband;
4141 (3) promote and coordinate public sector and private
4242 sector broadband solutions in support of statewide broadband
4343 development goals;
4444 (4) assist and promote local and regional broadband
4545 planning;
4646 (5) pursue and obtain federal sources of broadband
4747 funding;
4848 (6) develop a framework to measure broadband access in
4949 and designate areas of this state that are underserved and unserved
5050 with respect to broadband;
5151 (7) develop statewide goals for broadband deployment
5252 in rural communities and other underserved and unserved areas
5353 designated under Subdivision (6);
5454 (8) manage and award funds allocated to the broadband
5555 office for broadband projects; and
5656 (9) serve as an information clearinghouse in relation
5757 to federal programs providing assistance to local entities with
5858 respect to broadband.
5959 Sec. 18.0104. GRANT PROGRAM FOR BROADBAND INVESTMENT
6060 PROJECTS. (a) The broadband office shall establish a program to
6161 provide grants to public or private entities for projects that
6262 stimulate the installation and maintenance of broadband in rural
6363 communities and other underserved or unserved areas of this state
6464 with respect to broadband.
6565 (b) The commission by rule shall adopt standards for a
6666 project eligible to be awarded a grant by the broadband office under
6767 this section. In awarding a grant, the office shall consider:
6868 (1) the financial strength of the applicant;
6969 (2) the applicant's business history;
7070 (3) an analysis of the relevant business sector;
7171 (4) whether there is public or private sector
7272 financial support for the project; and
7373 (5) whether there is local support for the project.
7474 Sec. 18.0105. BROADBAND INVESTMENT ACCOUNT. (a) The
7575 broadband investment account is an account in the general revenue
7676 fund.
7777 (b) The account consists of:
7878 (1) appropriations of money to the account by the
7979 legislature;
8080 (2) gifts, grants, including federal grants, and other
8181 donations received under Section 18.0106; and
8282 (3) interest earned on the investment of money in the
8383 account.
8484 (c) Money in the account may be appropriated only to the
8585 broadband office for purposes of the grant program.
8686 (d) The account is exempt from the application of Section
8787 404.071, Government Code.
8888 Sec. 18.0106. GIFTS, GRANTS, AND DONATIONS. The broadband
8989 office may accept gifts, grants, and donations from any source that
9090 are made for the purposes of the grant program. The broadband
9191 office shall deposit to the credit of the account money received
9292 under this section.
9393 Sec. 18.0107. RULEMAKING. The commission by rule shall
9494 implement and administer the grant program.
9595 SECTION 2. This Act takes effect September 1, 2019.