By: Bernal H.B. No. 258
A BILL TO BE ENTITLED
AN ACT
relating to certain contracting requirements for the provision of
broadband Internet access service to governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2252, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. CONTRACTS WITH CERTAIN INTERNET SERVICE PROVIDERS
Sec. 2252.221. DEFINITIONS. (a) In this subchapter:
(1) "Broadband Internet access service" means
service, other than dial-up Internet access service, that is:
(A) a mass-market retail Internet access service
provided by wire or radio that enables a person to transmit and
receive data between the person's customer premises equipment,
including mobile devices, and substantially all Internet
endpoints; or
(B) a service that is incidental to or that
enables the operation of the service described in Paragraph (A).
(2) "Broadband Internet access service provider"
means a person that provides broadband Internet access service.
(3) "Governmental entity" has the meaning assigned by
Section 2252.001.
(4) "Paid prioritization" means a broadband Internet
access service provider's management of its network to directly or
indirectly favor certain traffic over other traffic, including
through traffic shaping, prioritization, resource reservation, or
other forms of preferential traffic management, either in exchange
for consideration from a third party or to benefit an affiliated
entity.
(b) For the purposes of this subchapter, broadband Internet
access service includes the functional equivalent of a service
described by Subsection (a)(1)(A) as determined by the Department
of Information Resources.
Sec. 2252.222. MANAGEMENT. For purposes of Section
2252.223, an activity described by Section 2252.223(1) or (2) does
not include reasonable network management. A practice is considered
to be reasonable network management if the practice:
(1) has a technical network management justification;
(2) does not include other business practices; and
(3) is tailored to achieve a legitimate network
management purpose, taking into account the particular network
architecture and technology of the broadband Internet access
service.
Sec. 2252.223. REQUIREMENTS FOR CONTRACTS WITH PROVIDERS.
A governmental entity may not contract with a broadband Internet
access service provider unless the contract contains a written
verification from the provider that the provider does not:
(1) block lawful content, applications, or services or
the use of non-harmful devices;
(2) impair or degrade lawful Internet traffic for the
purpose of discriminating against or favoring certain Internet
content, applications, or services or the use of non-harmful
devices; or
(3) engage in paid prioritization.
Sec. 2252.224. ENFORCEMENT. The attorney general may bring
any action necessary to enforce this subchapter.
SECTION 2. The changes in law made by this Act apply only to
a contract entered into on or after the effective date of this Act.
A contract entered into before that date is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.