Texas 2021 - 87th Regular

Texas House Bill HB4375 Compare Versions

Only one version of the bill is available at this time.

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1	1	87R14160 BRG-D
2	2	By: Rodriguez H.B. No. 4375
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expansion of broadband services to certain areas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 490H.002(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) The council is composed of one nonvoting member
12	12	appointed by the broadband development office and the following
13	13	[17] voting members:
14	14	(1) two representatives of separate Internet service
15	15	provider industry associations, including at least one
16	16	representative of an association that primarily represents small
17	17	providers, as defined by Section 56.032, Utilities Code, appointed
18	18	by the governor;
19	19	(2) one representative of the health information
20	20	technology industry, appointed by the governor;
21	21	(3) two representatives of unaffiliated nonprofit
22	22	organizations that advocate for elderly persons statewide,
23	23	appointed by the governor;
24	24	(4) two representatives of unaffiliated nonprofit
25	25	organizations that have a demonstrated history of working with the
26	26	legislature and the public to identify solutions for expanding
27	27	broadband to rural, unserved areas of this state, appointed by the
28	28	governor;
29	29	(5) one representative of an agricultural advocacy
30	30	organization in this state, appointed by the governor;
31	31	(6) one representative of a hospital advocacy
32	32	organization in this state, appointed by the governor;
33	33	(7) one representative of a medical advocacy
34	34	organization in this state, appointed by the governor;
35	35	(8) one county official who serves in an elected
36	36	office of a county with a population of less than 35,000, appointed
37	37	by the governor;
38	38	(9) one municipal official who serves in an elected
39	39	office of a municipality with a population of less than 20,000
40	40	located in a county with a population of less than 60,000, appointed
41	41	by the governor;
42	42	(10) one representative of an institution of higher
43	43	education that has its main campus in a county with a population of
44	44	less than 60,000, appointed by the governor;
45	45	(11) one representative of a school district with a
46	46	territory that includes only counties with a population of less
47	47	than 60,000, appointed by the governor;
48	48	(12) one representative from a library association,
49	49	appointed by the governor;
50	50	(13) one member of the house of representatives,
51	51	appointed by the speaker of the house of representatives; [and]
52	52	(14) one state senator, appointed by the lieutenant
53	53	governor;
54	54	(15) one representative from an electric cooperative
55	55	providing broadband, appointed by the governor; and
56	56	(16) one representative of a nonprofit organization
57	57	that has a demonstrated history of facilitating broadband adoption
58	58	by offering digital literacy training or providing access to
59	59	broadband technology, appointed by the governor.
60	60	SECTION 2. Section 490H.006(a), Government Code, is amended
61	61	to read as follows:
62	62	(a) The council shall:
63	63	(1) research the progress of:
64	64	(A) broadband development in unserved areas;
65	65	(B) deployment of broadband statewide; and
66	66	(C) purchase of broadband by residential and
67	67	commercial customers;
68	68	(2) identify barriers to residential and commercial
69	69	broadband deployment in unserved areas;
70	70	(3) study:
71	71	(A) technology-neutral solutions to overcome
72	72	barriers identified under Subdivision (2); and
73	73	(B) industry and technology trends in broadband;
74	74	and
75	75	(4) analyze how statewide access to broadband would
76	76	benefit:
77	77	(A) economic development;
78	78	(B) the delivery of educational opportunities in
79	79	higher education and public education;
80	80	(C) state and local law enforcement;
81	81	(D) state emergency preparedness; and
82	82	(E) the delivery of health care services,
83	83	including telemedicine and telehealth.
84	84	SECTION 3. Subtitle F, Title 4, Government Code, is amended
85	85	by adding Chapter 490I to read as follows:
86	86	CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE
87	87	Sec. 490I.0101. THRESHOLD SPEED FOR BROADBAND SERVICE. (a)
88	88	For purposes of this chapter, subject to Subsection (b), "broadband
89	89	service" means Internet service with the capability of providing:
90	90	(1) a download speed of 25 megabits per second or
91	91	faster; and
92	92	(2) an upload speed of three megabits per second or
93	93	faster.
94	94	(b) If the Federal Communications Commission adopts upload
95	95	or download threshold speeds for advanced telecommunications
96	96	capability under 47 U.S.C. Section 1302 that are different than
97	97	those specified by Subsection (a), the governor by rule may require
98	98	Internet service to be capable of providing download or upload
99	99	speeds that match or exceed that federal threshold in order to
100	100	qualify under this chapter as "broadband service."
101	101	(c) Not later than the 60th day after the date the governor
102	102	adjusts the minimum download or upload speeds required for Internet
103	103	service to qualify as "broadband service," the broadband
104	104	development office shall publish on the governor's Internet website
105	105	the adjusted minimum download and upload speeds.
106	106	Sec. 490I.0102. OFFICE. (a) The broadband development
107	107	office is an office within the governor's office.
108	108	(b) The governor may employ additional employees necessary
109	109	for the discharge of the duties of the broadband development
110	110	office.
111	111	(c) The broadband development office:
112	112	(1) is under the direction and control of the
113	113	governor;
114	114	(2) shall promote the policies enumerated in this
115	115	chapter; and
116	116	(3) may perform any action authorized by state or
117	117	federal law.
118	118	Sec. 490I.0103. POWERS AND DUTIES. (a) The broadband
119	119	development office shall:
120	120	(1) serve as a resource for information regarding
121	121	broadband service in this state;
122	122	(2) engage in outreach to communities regarding the
123	123	expansion and adoption of broadband service and the programs
124	124	administered by the office; and
125	125	(3) serve as an information clearinghouse in relation
126	126	to federal programs providing assistance to local entities with
127	127	respect to broadband service.
128	128	(b) The office has the powers necessary to carry out the
129	129	duties of the office under this chapter, including the power to
130	130	enter into contracts and other necessary instruments.
131	131	(c) This chapter does not grant the governor authority to
132	132	regulate broadband services or broadband service providers or,
133	133	except as required of an applicant or recipient under Section
134	134	490I.0106, to require broadband service providers to submit
135	135	information to the governor.
136	136	Sec. 490I.0104. PARTICIPATION IN PROCEEDINGS OF THE FEDERAL
137	137	COMMUNICATIONS COMMISSION. (a) The broadband development office
138	138	may monitor, participate in, and provide input in proceedings of
139	139	the Federal Communications Commission related to the geographic
140	140	availability and deployment of broadband service in this state to
141	141	ensure that:
142	142	(1) the information available to the Federal
143	143	Communications Commission reflects the current status of
144	144	geographic availability and deployment of broadband service in this
145	145	state; and
146	146	(2) this state is best positioned to benefit from
147	147	broadband service deployment programs administered by federal
148	148	agencies.
149	149	(b) The office may participate in a process established by
150	150	the Federal Communications Commission allowing governmental
151	151	entities to challenge the accuracy of the commission's information
152	152	regarding the geographic availability and deployment of broadband
153	153	service.
154	154	(c) The office shall establish procedures and a data
155	155	collection process in accordance with rules established by the
156	156	Federal Communications Commission for the Digital Opportunity Data
157	157	Collection that will enable the office to participate in the
158	158	process described by Subsection (b).
159	159	Sec. 490I.0105. BROADBAND DEVELOPMENT MAP. (a) The
160	160	broadband development office shall create, update annually, and
161	161	publish on the governor's Internet website a map classifying each
162	162	designated area in this state as:
163	163	(1) an eligible area, if fewer than 80 percent of the
164	164	addresses in the designated area have access to broadband service;
165	165	or
166	166	(2) an ineligible area, if 80 percent or more of the
167	167	addresses in the designated area have access to broadband service.
168	168	(b) The governor by rule may determine the scope of a
169	169	designated area under Subsection (a).
170	170	(c) The map required by Subsection (a) must display:
171	171	(1) the number of broadband service providers that
172	172	serve each designated area;
173	173	(2) for each eligible area, an indication of whether
174	174	the area has access to Internet service that is not broadband
175	175	service, regardless of the technology used to provide the service;
176	176	and
177	177	(3) each public school in this state and an indication
178	178	of whether the public school has access to broadband service.
179	179	(d) The office must create, update, and publish the map in a
180	180	manner consistent with the most current mapping methodology adopted
181	181	by the Federal Communications Commission.
182	182	(e) Except as provided by Subsection (c), the office shall
183	183	use information available from the Federal Communications
184	184	Commission to create or update the map.
185	185	(f) If information from the Federal Communications
186	186	Commission is not available or not sufficient for the office to
187	187	create or update the map, the office may request the necessary
188	188	information from a political subdivision or broadband service
189	189	provider, and the subdivision or provider may report the
190	190	information to the office. The office may not require a subdivision
191	191	or provider to report information in a format different from the
192	192	format required by the most current mapping methodology adopted by
193	193	the Federal Communications Commission.
194	194	(g) Information a broadband service provider reports to the
195	195	office under Subsection (f) and information provided by the Federal
196	196	Communications Commission, if not publicly available, is
197	197	confidential and not subject to disclosure under Chapter 552.
198	198	(h) The office may contract with a private consultant or
199	199	other appropriate person who is not associated or affiliated with a
200	200	commercial broadband provider, including a local governmental
201	201	entity, to provide technical or administrative assistance to the
202	202	office for the purpose of creating or updating the map.
203	203	(i) The office may release information reported under
204	204	Subsection (f) to a contractor providing services under Subsection
205	205	(h). The contractor shall:
206	206	(1) keep the information confidential; and
207	207	(2) return the information to the office on the
208	208	earliest of the following dates:
209	209	(A) the date the contract expires;
210	210	(B) the date the contract is terminated; or
211	211	(C) the date the mapping project for which the
212	212	contractor is providing services is complete.
213	213	(j) A person who contracts under Subsection (h) may not
214	214	provide services for a broadband provider in this state before the
215	215	second anniversary of the last day the person was under the
216	216	contract.
217	217	(k) The office shall establish criteria for determining
218	218	whether a designated area should be reclassified as an eligible
219	219	area or an ineligible area. The criteria must include an evaluation
220	220	of Internet speed test data and information on end user addresses.
221	221	(l) A broadband service provider or political subdivision
222	222	may petition the office to reclassify a designated area on the map
223	223	as an eligible area or ineligible area. The office shall provide
224	224	notice of the petition to each broadband service provider that
225	225	provides broadband service to the designated area and post notice
226	226	of the petition on the governor's Internet website.
227	227	(m) Not later than the 45th day after the date that a
228	228	broadband provider receives notice under Subsection (l), the
229	229	provider shall provide information to the office showing whether
230	230	the designated area should or should not be reclassified.
231	231	(n) Not later than the 75th day after the date that a
232	232	broadband provider receives notice under Subsection (l), the office
233	233	shall determine whether to reclassify the designated area on the
234	234	map and update the map as necessary. A determination made by the
235	235	office under this subsection is not a contested case for purposes of
236	236	Chapter 2001.
237	237	(o) The office is not required to create, update, or publish
238	238	a map under this section if the Federal Communications Commission
239	239	produces a map that:
240	240	(1) enables the office to identify eligible and
241	241	ineligible areas, as described by Subsection (a); and
242	242	(2) meets the requirements of Subsection (c).
243	243	Sec. 490I.0106. BROADBAND DEVELOPMENT PROGRAM. (a) The
244	244	broadband development office shall establish a program to award
245	245	grants, low-interest loans, and other financial incentives to
246	246	applicants for the purpose of expanding access to and adoption of
247	247	broadband service in designated areas determined to be eligible
248	248	areas by the office under Section 490I.0105.
249	249	(b) The office shall establish and publish criteria for
250	250	making awards under Subsection (a). The office shall take into
251	251	consideration grants and other financial incentives received by an
252	252	applicant for the deployment of broadband service in a designated
253	253	area.
254	254	(c) The office may not:
255	255	(1) favor a particular broadband technology in
256	256	awarding grants, loans, or other financial incentives; or
257	257	(2) award grants, loans, or other financial incentives
258	258	to a broadband provider that does not report information requested
259	259	by the office under Section 490I.0105.
260	260	(d) The office shall:
261	261	(1) post on the governor's Internet website
262	262	information about the application process and the receipt of awards
263	263	and shall update that information as necessary; and
264	264	(2) make each application available on the governor's
265	265	Internet website for a period of at least 30 days before the office
266	266	makes a decision on the application.
267	267	(e) During the 30-day posting period described by
268	268	Subsection (d) for an application, the office shall accept from any
269	269	interested party a written protest of the application relating to
270	270	whether the applicant or project is eligible for an award or should
271	271	not receive an award based on the criteria prescribed by the office.
272	272	(f) The office shall establish and publish criteria for
273	273	award recipients. The criteria must include requirements that:
274	274	(1) grants, loans, and other financial incentives
275	275	awarded through the program be used only for capital expenses,
276	276	purchase or lease of property, and other expenses, including
277	277	backhaul and transport, that will facilitate the provision or
278	278	adoption of broadband service; and
279	279	(2) an award recipient, when using grants, loans, and
280	280	other financial incentives awarded through the program, prioritize
281	281	eligible areas in which the lowest percentage of addresses have
282	282	access to broadband service.
283	283	(g) An award granted under this section does not affect the
284	284	eligibility of a telecommunications provider to receive support
285	285	from the state universal service fund under Section 56.021,
286	286	Utilities Code.
287	287	Sec. 490I.0107. STATE BROADBAND PLAN. (a) The broadband
288	288	development office shall prepare, update, and publish on the
289	289	governor's Internet website a state broadband plan that establishes
290	290	long-term goals for greater access to and adoption of broadband
291	291	service in this state.
292	292	(b) In developing the state broadband plan, the office
293	293	shall:
294	294	(1) to the extent possible, collaborate with state
295	295	agencies, political subdivisions, broadband industry stakeholders
296	296	and representatives, and community organizations that focus on
297	297	broadband services;
298	298	(2) consider the policy recommendations of the
299	299	governor's broadband development council;
300	300	(3) favor policies that are technology-neutral and
301	301	protect all members of the public; and
302	302	(4) explore state and regional approaches to broadband
303	303	development.
304	304	Sec. 490I.0108. BROADBAND DEVELOPMENT ACCOUNT. (a) The
305	305	broadband development account is an account in the general revenue
306	306	fund.
307	307	(b) The account consists of:
308	308	(1) appropriations of money to the account by the
309	309	legislature;
310	310	(2) gifts, donations, and grants, including federal
311	311	grants; and
312	312	(3) interest earned on the investment of the money in
313	313	the account.
314	314	(c) The comptroller shall deposit to the credit of the
315	315	account federal money received by the state for the purpose of
316	316	broadband development, to the extent permitted by federal law.
317	317	(d) Money in the account may be appropriated only to the
318	318	broadband development office for purposes of:
319	319	(1) creating or updating the map described by Section
320	320	490I.0105;
321	321	(2) administering the broadband development program
322	322	under Section 490I.0106;
323	323	(3) creating or updating the state broadband plan
324	324	under Section 490I.0107; or
325	325	(4) engaging in outreach to communities regarding the
326	326	expansion and adoption of broadband service and the programs
327	327	administered by the office.
328	328	(e) The account is exempt from the application of Sections
329	329	403.095, 403.0956, and 404.071.
330	330	Sec. 490I.0109. RULEMAKING. The governor may adopt rules
331	331	as necessary to implement this chapter.
332	332	SECTION 4. (a) The broadband development office
333	333	established by Section 490I.0102, Government Code, as added by this
334	334	Act, shall publish the map required by Section 490I.0105,
335	335	Government Code, as added by this Act, on the governor's Internet
336	336	website not later than September 1, 2022.
337	337	(b) Not later than January 1, 2022, the office shall publish
338	338	on the governor's Internet website:
339	339	(1) a map created by the Federal Communications
340	340	Commission that displays the number of broadband service providers
341	341	that serve each census block; or
342	342	(2) a link to a map described by Subdivision (1) of
343	343	this subsection.
344	344	(c) For the purpose of administering the broadband
345	345	development program established by Section 490I.0106, Government
346	346	Code, as added by this Act, the office shall use a map described by
347	347	Subsection (b) of this section to determine whether an area is
348	348	eligible until the office publishes the map required by Section
349	349	490I.0105, Government Code, as added by this Act.
350	350	SECTION 5. The broadband development office established by
351	351	Section 490I.0102, Government Code, as added by this Act, shall
352	352	prepare the initial state broadband plan required by Section
353	353	490I.0107, Government Code, as added by this Act, not later than
354	354	September 1, 2022.
355	355	SECTION 6. This Act takes effect September 1, 2021.