87R19753 CXP-F
By: Jetton, Guillen H.B. No. 3591
Substitute the following for H.B. No. 3591:
By: Dutton C.S.H.B. No. 3591
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a high-speed Internet access grant
program to facilitate instruction and learning for public school
students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Education Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. HIGH-SPEED INTERNET ACCESS GRANT PROGRAM
Sec. 32.321. ESTABLISHMENT OF PROGRAM. (a) The agency
shall establish a high-speed Internet access grant program to
provide grants to school districts and open-enrollment charter
schools to provide high-speed Internet to facilitate instruction
and learning for students enrolled in the district or school.
(b) The agency shall publish on the agency's Internet
website a list of providers of high-speed Internet services,
infrastructure, equipment, and devices approved for participation
in the grant program. Approval of providers must be based on:
(1) quality of the service or product;
(2) availability of the service or product;
(3) reasonableness of the rates or costs of the
service or product; and
(4) agreement by the provider to abide by grant
program requirements or separate requirements established by the
commissioner.
(c) The commissioner may negotiate with providers approved
under Subsection (b) to obtain rates and costs favorable to school
districts and open-enrollment charter schools in connection with
the grant program.
(d) A school district or an open-enrollment charter school
may apply to the commissioner to participate in the grant program.
In awarding grants under this subchapter for each school year, the
commissioner shall consider for each district or school that
applies:
(1) the availability of high-speed Internet access for
students at district or school facilities or at the residences of
the students enrolled in the district or school;
(2) other funding available to the district or school
to provide high-speed Internet access to students enrolled in the
district or school; and
(3) any budgeted plans for providing high-speed
Internet access to students enrolled in the district or school.
(e) The commissioner may determine the terms of a grant
awarded under this section, including limits on the amount of a
grant and the approved uses of grant funds.
(f) The agency may administer the grant program or contract
with a regional education service center to administer the grant
program.
(g) The commissioner may recover funds not used in
accordance with the terms of a grant by withholding amounts from any
state funds otherwise due to the school district or open-enrollment
charter school.
Sec. 32.322. FUNDING. (a) To establish the grant program
authorized under this subchapter, the commissioner shall use funds
appropriated for the purpose and may use other funds available for
the purpose.
(b) The commissioner may solicit and accept gifts, grants,
and donations from any public or private source, including the
federal government.
(c) Notwithstanding any other provision in this subchapter,
the commissioner is required to establish the grant program under
this subchapter only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the commissioner
may, but is not required to, establish the grant program under this
subchapter using other appropriations available for that purpose.
If funds are not appropriated and are not otherwise available for
the purpose of the grant program authorized under this subchapter,
the commissioner may:
(1) implement the grant program with funding obtained
under Subsection (b);
(2) implement and maintain the approved provider list
under Section 32.321(b) independently of the grant program; and
(3) negotiate on behalf of school districts and
open-enrollment charter schools with providers approved under
Section 32.321(b) independently of the grant program.
Sec. 32.323. RULES. The commissioner may adopt rules as
necessary to implement this subchapter.
SECTION 2. This Act applies beginning with the 2021-2022
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.