Texas 2021 - 87th Regular

Texas House Bill HB5 Compare Versions

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1		-	H.B. No. 5
	1	+	By: Ashby, et al. (Senate Sponsor - Nichols) H.B. No. 5
	2	+	(In the Senate - Received from the House April 12, 2021;
	3	+	April 15, 2021, read first time and referred to Committee on
	4	+	Transportation; April 26, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	April 26, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 5 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the expansion of broadband services to certain areas.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Section 490H.002, Government Code, is amended to
8	16		read as follows:
9	17		Sec. 490H.002. COMPOSITION. (a) The council is composed of
10	18		one nonvoting member appointed by the broadband development office
11	19		and the following [17] voting members appointed by the governor:
12	20		(1) two representatives of separate Internet service
13	21		provider industry associations, including at least one
14	22		representative of an association that primarily represents small
15	23		providers, as defined by Section 56.032, Utilities Code[, appointed
16	24		by the governor];
17	25		(2) one representative of the health information
18	26		technology industry[, appointed by the governor];
19	27		(3) two representatives of unaffiliated nonprofit
20	28		organizations that advocate for elderly persons statewide[,
21	29		appointed by the governor];
22	30		(4) two representatives of unaffiliated nonprofit
23	31		organizations that have a demonstrated history of working with the
24	32		legislature and the public to identify solutions for expanding
25	33		broadband to rural, unserved areas of this state[, appointed by the
26	34		governor];
27	35		(5) one representative of an agricultural advocacy
28	36		organization in this state[, appointed by the governor];
29	37		(6) one representative of a hospital advocacy
30	38		organization in this state[, appointed by the governor];
31	39		(7) one representative of a medical advocacy
32	40		organization in this state[, appointed by the governor];
33	41		(8) one county official who serves in an elected
34	42		office of a county with a population of less than 35,000[, appointed
35	43		by the governor];
36	44		(8-a) one county clerk of a county with a population of
37	45		less than 60,000;
38	46		(8-b) one sheriff of a county with a population of less
39	47		than 60,000;
40	48		(9) one municipal official who serves in an elected
41	49		office of a municipality with a population of less than 20,000
42	50		located in a county with a population of less than 60,000[,
43	51		appointed by the governor];
44	52		(10) one representative of an institution of higher
45	53		education that has its main campus in a county with a population of
46	54		less than 60,000[, appointed by the governor];
47	55		(11) one representative of a school district with a
48	56		territory that includes only counties with a population of less
49	57		than 60,000[, appointed by the governor];
50	58		(12) one representative from a library association[,
51	59		appointed by the governor];
52	60		(13) one hospital administrator employed by a licensed
53	61		hospital located in a county with a population of less than 60,000
54	62		[member of the house of representatives, appointed by the speaker
55	63		of the house of representatives]; [and]
56	64		(14) one representative from an electric cooperative
57		-	providing broadband;
	65	+	providing broadband [state senator, appointed by the lieutenant
	66	+	governor];
58	67		(15) one representative of a school district with a
59	68		territory that includes all or part of a county with a population of
60	69		more than 500,000; and
61	70		(16) one representative of a nonprofit organization
62	71		that has a demonstrated history of facilitating broadband adoption
63	72		by offering digital literacy training or providing access to
64		-	broadband technology [state senator, appointed by the lieutenant
65		-	governor].
66		-	(b) The governor shall, to the greatest extent practicable,
67		-	make appointments to the council that ensure that the composition
68		-	of the council reflects the racial and ethnic composition of the
69		-	state.
	73	+	broadband technology.
	74	+	(b) The entities making appointments under Subsection (a)
	75	+	shall, to the greatest extent practicable, ensure that the
	76	+	composition of the council reflects the racial and ethnic
	77	+	composition of the state.
70	78		(c) [(b)] A member of the council appointed under
71	79		Subsection (a) serves for a five-year term.
72	80		(d) [(c)] A vacancy on the council is filled in the same
73	81		manner as the original appointment.
74	82		SECTION 2. Section 490H.003, Government Code, is amended to
75	83		read as follows:
76	84		Sec. 490H.003. COUNCIL OFFICERS; COMMITTEES [PRESIDING
77	85		OFFICER]. (a) The governor shall designate from the members of the
78	86		council a chair and vice chair [the presiding officer] of the
79	87		council for two-year terms.
80		-	(b) When designating a chair or vice chair, the governor
	88	+	(b) The chair and the vice chair each must reside in a county
	89	+	with a population of:
	90	+	(1) less than 100,000; or
	91	+	(2) more than 250,000.
	92	+	(c) When designating a chair or vice chair, the governor
81	93		shall ensure that:
82	94		(1) during a term when the chair resides in a county
83		-	with a population of ~~100~~,000 ~~or more~~, the vice chair resides in a
	95	+	with a population of more than 250,000, the vice chair resides in a
84	96		county with a population of less than 100,000;
85	97		(2) during a term when the chair resides in a county
86	98		with a population of less than 100,000, the vice chair resides in a
87		-	county with a population of ~~100~~,000 ~~or more~~;
	99	+	county with a population of more than 250,000;
88	100		(3) persons described by Subdivision (1) are
89	101		immediately succeeded by persons described by Subdivision (2); and
90	102		(4) persons described by Subdivision (2) are
91	103		immediately succeeded by persons described by Subdivision (1).
92		-	(c) The chair may appoint subcommittees and technical
	104	+	(d) The chair may appoint subcommittees and technical
93	105		advisory committees to assist with the duties of the council.
94	106		SECTION 3. Section 490H.004, Government Code, is amended by
95	107		amending Subsection (b) and adding Subsections (c) and (d) to read
96	108		as follows:
97	109		(b) The council shall convene at the call of the chair or, if
98	110		the chair is unable to call a meeting or does not call at least one
99	111		meeting to meet the requirements of Subsection (a), at the call of
100	112		the vice chair [presiding officer].
101	113		(c) The council shall:
102	114		(1) post the agenda for each council meeting on the
103	115		council's Internet website at least 48 hours before the meeting;
104	116		and
105	117		(2) not later than the 14th day after the date of each
106	118		meeting, post on the council's Internet website the minutes or
107	119		recording of the meeting required under Section 551.021.
108	120		(d) As an exception to Chapter 551 and other law, the
109	121		council may meet by use of video conference call. This subsection
110	122		applies for purposes of constituting a quorum, for purposes of
111	123		voting, and for any other purpose allowing a member of the council
112	124		to fully participate in any meeting of the council. A meeting held
113	125		by use of video conference call:
114	126		(1) must be open to the public, which includes a video
115	127		broadcast of the meeting in real time through the council's
116	128		Internet website;
117	129		(2) must specify in the meeting notice the link to the
118	130		video broadcast described by Subdivision (1); and
119	131		(3) must provide two-way video communication between
120	132		all council members attending the meeting.
121	133		SECTION 4. Sections 490H.006(a) and (b), Government Code,
122	134		are amended to read as follows:
123	135		(a) The council shall:
124		-	(1) research ~~and monitor~~ the progress of:
	136	+	(1) research the progress of:
125	137		(A) broadband development in unserved areas;
126	138		(B) deployment of broadband statewide;
127	139		(C) purchase of broadband by residential and
128	140		commercial customers; and
129	141		(D) patterns and discrepancies in access to
130	142		broadband;
131	143		(2) identify barriers to residential and commercial
132	144		broadband deployment in unserved areas;
133	145		(3) study:
134	146		(A) technology-neutral solutions to overcome
135		-	barriers identified under Subdivision (2);
	147	+	barriers identified under Subdivision (2); and
136	148		(B) industry and technology trends in broadband;
137	149		and
138		-	(C) the detrimental impact of pornographic or
139		-	other obscene materials on residents of this state and the
140		-	feasibility of limiting access to those materials; and
141	150		(4) analyze how statewide access to broadband would
142	151		benefit:
143	152		(A) economic development;
144	153		(B) the delivery of educational opportunities in
145	154		higher education and public education;
146	155		(C) state and local law enforcement;
147	156		(D) state emergency preparedness; and
148	157		(E) the delivery of health care services,
149	158		including telemedicine and telehealth.
150	159		(b) The council may research another matter related to
151	160		broadband [only if a majority of the council approves researching
152	161		the matter].
153	162		SECTION 5. Subtitle F, Title 4, Government Code, is amended
154	163		by adding Chapter 490I to read as follows:
155	164		CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE
156	165		Sec. 490I.0101. THRESHOLD SPEED FOR BROADBAND SERVICE. (a)
157	166		For purposes of this chapter, subject to Subsection (b), "broadband
158	167		service" means Internet service with the capability of providing:
159	168		(1) a download speed of 25 megabits per second or
160	169		faster; and
161	170		(2) an upload speed of three megabits per second or
162	171		faster.
163	172		(b) If the Federal Communications Commission adopts upload
164	173		or download threshold speeds for advanced telecommunications
165	174		capability under 47 U.S.C. Section 1302 that are different than
166	175		those specified by Subsection (a), the comptroller may require
167	176		Internet service to be capable of providing download or upload
168	177		speeds that match that federal threshold in order to qualify under
169	178		this chapter as "broadband service."
170	179		(c) Not later than the 60th day after the date the
171	180		comptroller adjusts the minimum download or upload speeds required
172	181		for Internet service to qualify as "broadband service," the
173	182		broadband development office shall publish on the comptroller's
174	183		Internet website the adjusted minimum download and upload speeds.
175	184		Sec. 490I.0102. OFFICE. (a) The broadband development
176	185		office is an office within the comptroller's office.
177	186		(b) The comptroller may employ additional employees
178	187		necessary for the discharge of the duties of the broadband
179	188		development office.
180	189		(c) The broadband development office:
181	190		(1) is under the direction and control of the
182	191		comptroller;
183	192		(2) shall promote the policies enumerated in this
184	193		chapter; and
185	194		(3) may perform any action authorized by state or
186	195		federal law.
187	196		Sec. 490I.0103. POWERS AND DUTIES. (a) The broadband
188	197		development office shall:
189	198		(1) serve as a resource for information regarding
190	199		broadband service and digital connectivity in this state;
191	200		(2) engage in outreach to communities regarding the
192	201		expansion, adoption, affordability, and use of broadband service
193	202		and the programs administered by the office; and
194	203		(3) serve as an information clearinghouse in relation
195	204		to:
196	205		(A) federal programs providing assistance to
197	206		local entities with respect to broadband service; and
198	207		(B) addressing barriers to digital connectivity.
199	208		(b) The office has the powers necessary to carry out the
200	209		duties of the office under this chapter, including the power to
201	210		enter into contracts and other necessary instruments.
202	211		(c) This chapter does not grant the comptroller authority to
203	212		regulate broadband services or broadband service providers or,
204	213		except as required of an applicant or recipient under Section
205	214		490I.0106, to require broadband service providers to submit
206	215		information to the comptroller.
207	216		(d) For the purpose of carrying out a duty or power of the
208	217		office under this chapter, the office may:
209	218		(1) advertise in any available media; and
210	219		(2) promote the office's programs and functions.
211		-	Sec. 490I.0104. PARTICIPATION IN PROCEEDINGS OF FEDERAL
	220	+	Sec. 490I.0104. PARTICIPATION IN PROCEEDINGS OF THE FEDERAL
212	221		COMMUNICATIONS COMMISSION. (a) The broadband development office
213	222		may monitor, participate in, and provide input in proceedings of
214	223		the Federal Communications Commission related to the geographic
215	224		availability and deployment of broadband service in this state to
216	225		ensure that:
217		-	(1) the information available to the commission
218		-	reflects the current status of geographic availability and
219		-	deployment of broadband service in this state; and
	226	+	(1) the information available to the Federal
	227	+	Communications Commission reflects the current status of
	228	+	geographic availability and deployment of broadband service in this
	229	+	state; and
220	230		(2) this state is best positioned to benefit from
221	231		broadband service deployment programs administered by federal
222	232		agencies.
223	233		(b) The office may participate in a process established by
224	234		the Federal Communications Commission allowing governmental
225	235		entities to challenge the accuracy of the commission's information
226	236		regarding the geographic availability and deployment of broadband
227	237		service.
228	238		(c) The office shall establish procedures and a data
229	239		collection process in accordance with rules established by the
230		-	Federal Communications Commission that will enable the office to
231		-	participate in the process described by Subsection (b).
	240	+	Federal Communications Commission for the Digital Opportunity Data
	241	+	Collection that will enable the office to participate in the
	242	+	process described by Subsection (b).
232	243		Sec. 490I.0105. BROADBAND DEVELOPMENT MAP. (a) The
233	244		broadband development office shall create, update annually, and
234	245		publish on the comptroller's Internet website a map classifying
235	246		each designated area in this state as:
236		-	(1) an eligible area, if:
237		-	(A) fewer than 80 percent of the addresses in the
238		-	designated area have access to broadband service; and
239		-	(B) the federal government has not awarded
240		-	funding under a competitive process to support the deployment of
241		-	broadband service to addresses in the designated area; or
242		-	(2) an ineligible area, if:
243		-	(A) 80 percent or more of the addresses in the
244		-	designated area have access to broadband service; or
245		-	(B) the federal government has awarded funding
246		-	under a competitive process to support the deployment of broadband
247		-	service to addresses in the designated area.
	247	+	(1) an eligible area, if fewer than 80 percent of the
	248	+	addresses in the designated area have access to broadband service;
	249	+	or
	250	+	(2) an ineligible area, if 80 percent or more of the
	251	+	addresses in the designated area have access to broadband service.
248	252		(b) The comptroller by rule may determine the scope of a
249	253		designated area under Subsection (a).
250		-	(c) After creation of the initial map described in
251		-	Subsection (a), the office may evaluate the usefulness of the
252		-	standards for eligible and ineligible areas outlined in Subsection
253		-	(a) and, if appropriate, make a recommendation to the legislature
254		-	to revise the standards.
255		-	(d) The map required by Subsection (a) must display:
	254	+	(c) The map required by Subsection (a) must display:
256	255		(1) the number of broadband service providers that
257	256		serve each designated area;
258	257		(2) for each eligible area, an indication of whether
259	258		the area has access to Internet service that is not broadband
260	259		service, regardless of the technology used to provide the service;
261	260		and
262		-	(3) each public ~~school campus in this state with an~~
263		-	indication of whether the ~~public~~ school ~~campus~~ has ~~access to~~
264		-	broadband service.
265		-	(e) The office must create, update, and publish the map in a
	261	+	(3) each public preschool or primary or secondary
	262	+	school in this state and an indication of whether the school has
	263	+	access to broadband service.
	264	+	(d) The office must create, update, and publish the map in a
266	265		manner consistent with the most current mapping methodology adopted
267	266		by the Federal Communications Commission.
268		-	(f) Except as provided by Subsection (g), the office shall
	267	+	(e) Except as provided by Subsection (c), the office shall
269	268		use information available from the Federal Communications
270	269		Commission to create or update the map.
271		-	(g) If information from the Federal Communications
	270	+	(f) If information from the Federal Communications
272	271		Commission is not available or not sufficient for the office to
273	272		create or update the map, the office may request the necessary
274	273		information from a political subdivision or broadband service
275	274		provider, and the subdivision or provider may report the
276	275		information to the office. The office may not require a subdivision
277	276		or provider to report information in a format different from the
278	277		format required by the most current mapping methodology adopted by
279	278		the Federal Communications Commission.
280		-	(h) Information a broadband service provider reports to the
281		-	office under Subsection (g) and information provided by the Federal
	279	+	(g) Information a broadband service provider reports to the
	280	+	office under Subsection (f) and information provided by the Federal
282	281		Communications Commission, if not publicly available, is
283	282		confidential and not subject to disclosure under Chapter 552.
284		-	(i) The office may contract with a private consultant or
	283	+	(h) The office may contract with a private consultant or
285	284		other appropriate person who is not associated or affiliated with a
286	285		commercial broadband provider, including a local governmental
287	286		entity, to provide technical or administrative assistance to the
288	287		office for the purpose of creating or updating the map.
289		-	(j) The office may release information reported under
290		-	Subsection (g) to a contractor providing services under Subsection
291		-	(i). The contractor shall:
	288	+	(i) The office may release information reported under
	289	+	Subsection (f) to a contractor providing services under Subsection
	290	+	(h). The contractor shall:
292	291		(1) keep the information confidential; and
293	292		(2) return the information to the office on the
294	293		earliest of the following dates:
295	294		(A) the date the contract expires;
296	295		(B) the date the contract is terminated; or
297	296		(C) the date the mapping project for which the
298	297		contractor is providing services is complete.
299		-	(k) A person who contracts under Subsection (i) may not
	298	+	(j) A person who contracts under Subsection (h) may not
300	299		provide services for a broadband provider in this state before the
301		-	second anniversary of the last day the contract is in effect.
302		-	(l) The office shall establish criteria for determining
	300	+	second anniversary of the last day the person was under the
	301	+	contract.
	302	+	(k) The office shall establish criteria for determining
303	303		whether a designated area should be reclassified as an eligible
304	304		area or an ineligible area. The criteria must include an evaluation
305	305		of Internet speed test data and information on end user addresses.
306		-	The criteria may also include community surveys regarding the
307		-	reliability of Internet service, where available.
308		-	(m) A designated area that is classified as an ineligible
309		-	area on account of the existence of federal funding to support
310		-	broadband service deployment in the area may be reclassified as an
311		-	eligible area if:
312		-	(1) funding from the federal government is forfeited
313		-	or the recipient of the funding is disqualified from receiving the
314		-	funding; and
315		-	(2) the designated area otherwise meets the
316		-	qualifications of an eligible area.
317		-	(n) A broadband service provider or political subdivision
	306	+	(l) A broadband service provider or political subdivision
318	307		may petition the office to reclassify a designated area on the map
319	308		as an eligible area or ineligible area. The office shall provide
320	309		notice of the petition to each broadband service provider that
321	310		provides broadband service to the designated area and post notice
322	311		of the petition on the comptroller's Internet website.
323		-	(o) Not later than the 45th day after the date that a
324		-	broadband provider receives notice under Subsection (n), the
	312	+	(m) Not later than the 45th day after the date that a
	313	+	broadband provider receives notice under Subsection (l), the
325	314		provider shall provide information to the office showing whether
326	315		the designated area should or should not be reclassified.
327		-	(p) Not later than the 75th day after the date that a
328		-	broadband provider receives notice under Subsection (n), the office
	316	+	(n) Not later than the 75th day after the date that a
	317	+	broadband provider receives notice under Subsection (l), the office
329	318		shall determine whether to reclassify the designated area on the
330	319		map and update the map as necessary. A determination made by the
331	320		office under this subsection is not a contested case for purposes of
332	321		Chapter 2001.
333		-	(q) The office is not required to create, update, or publish
	322	+	(o) The office is not required to create, update, or publish
334	323		a map under this section if the Federal Communications Commission
335	324		produces a map that:
336	325		(1) enables the office to identify eligible and
337	326		ineligible areas, as described by Subsection (a); and
338		-	(2) meets the requirements of Subsection (d).
	327	+	(2) meets the requirements of Subsection (c).
339	328		Sec. 490I.0106. BROADBAND DEVELOPMENT PROGRAM. (a) The
340	329		broadband development office shall establish a program to award
341	330		grants, low-interest loans, and other financial incentives to
342	331		applicants for the purpose of expanding access to and adoption of
343	332		broadband service in designated areas determined to be eligible
344	333		areas by the office under Section 490I.0105.
345	334		(b) The office shall establish and publish criteria for
346	335		making awards under Subsection (a). The office shall:
347	336		(1) take into consideration grants and other financial
348	337		incentives awarded by the federal government for the deployment of
349	338		broadband service in a designated area;
350	339		(2) prioritize the applications of applicants that
351	340		will expand access to and adoption of broadband service in eligible
352	341		areas in which the lowest percentage of addresses have access to
353		-	broadband service; and
354		-	(3) prioritize the applications of applicants that
	342	+	broadband service;
	343	+	(3) prioritize an applicant that the broadband
	344	+	provided by the applicant will maintain a program to, by default,
	345	+	block access to pornographic or other obscene materials; and
	346	+	(4) prioritize the applications of applicants that
355	347		will expand access to broadband service in public and private
356	348		primary and secondary schools and institutions of higher education.
357		-	(c) Notwithstanding Subsection (b)(2), the office may
358		-	establish criteria that take into account a cost benefit analysis
359		-	for awarding money to the eligible areas described by that
360		-	subdivision.
361		-	(d) The office may not:
	349	+	(c) The office may not:
362	350		(1) favor a particular broadband technology in
363	351		awarding grants, loans, or other financial incentives;
364	352		(2) award grants, loans, or other financial incentives
365	353		to a broadband provider that does not report information requested
366	354		by the office under Section 490I.0105;
367	355		(3) award a grant, loan, or other financial incentive
368	356		to a noncommercial provider of broadband service for an eligible
369	357		area if a commercial provider of broadband service has submitted an
370	358		application for the eligible area; or
371	359		(4) take into consideration distributions from the
372	360		state universal service fund established under Section 56.021,
373	361		Utilities Code, when deciding to award grants, loans, or other
374	362		financial incentives.
375		-	(e) The office shall:
	363	+	(d) The office shall:
376	364		(1) post on the comptroller's Internet website
377	365		information about the application process and the receipt of awards
378	366		and shall update that information as necessary; and
379	367		(2) post on the comptroller's Internet website
380	368		information from each application, including the applicant's name,
381	369		the area targeted for expanded broadband service access or adoption
382	370		by the application, and any other information the office considers
383	371		relevant or necessary, for a period of at least 30 days before the
384	372		office makes a decision on the application.
385		-	(f) During the 30-day posting period described by
386		-	Subsection (e) for an application, the office shall accept from any
	373	+	(e) During the 30-day posting period described by
	374	+	Subsection (d) for an application, the office shall accept from any
387	375		interested party a written protest of the application relating to
388	376		whether the applicant or project is eligible for an award or should
389	377		not receive an award based on the criteria prescribed by the office.
390		-	(g) Notwithstanding any deadline for submitting an
	378	+	(f) Notwithstanding any deadline for submitting an
391	379		application, if the office upholds a protest submitted under
392		-	Subsection (f) on the grounds that one or more of the addresses in
	380	+	Subsection (e) on the grounds that one or more of the addresses in
393	381		an eligible area subject to the application have access to
394	382		broadband service, the applicant may resubmit the application
395	383		without the challenged addresses not later than 30 days after the
396	384		date that the office upheld the protest.
397		-	(h) The office shall establish and publish criteria for
	385	+	(g) The office shall establish and publish criteria for
398	386		award recipients. The criteria must include requirements that
399	387		grants, loans, and other financial incentives awarded through the
400	388		program be used only for capital expenses, purchase or lease of
401	389		property, and other expenses, including backhaul and transport,
402	390		that will facilitate the provision or adoption of broadband
403	391		service.
404		-	(i) An award granted under this section does not affect the
	392	+	(h) An award granted under this section does not affect the
405	393		eligibility of a telecommunications provider to receive support
406	394		from the state universal service fund under Section 56.021,
407	395		Utilities Code.
408	396		Sec. 490I.0107. STATE BROADBAND PLAN. (a) The broadband
409	397		development office shall prepare, update, and publish on the
410	398		comptroller's Internet website a state broadband plan that
411	399		establishes long-term goals for greater access to and adoption,
412	400		affordability, and use of broadband service in this state.
413	401		(b) In developing the state broadband plan, the office
414	402		shall:
415	403		(1) to the extent possible, collaborate with state
416	404		agencies, political subdivisions, broadband industry stakeholders
417	405		and representatives, and community organizations that focus on
418	406		broadband services and technology access;
419	407		(2) consider the policy recommendations of the
420	408		governor's broadband development council;
421	409		(3) favor policies that are technology-neutral and
422	410		protect all members of the public;
423	411		(4) explore state and regional approaches to broadband
424	412		development; and
425	413		(5) examine broadband service needs related to:
426	414		(A) public safety, including the needs of state
427	415		agencies involved in the administration of criminal justice, as
428	416		that term is defined by Article 66.001, Code of Criminal Procedure;
429	417		(B) public education and state and local
430	418		education agencies, including any agency involved in the electronic
431	419		administration of an assessment instrument required under Section
432	420		39.023, Education Code; and
433	421		(C) public health, including the needs of state
434	422		agencies involved in the administration of public health
435	423		initiatives such as the Health and Human Services Commission and
436	424		the Department of State Health Services.
437	425		Sec. 490I.0108. BROADBAND DEVELOPMENT ACCOUNT. (a) The
438	426		broadband development account is an account in the general revenue
439	427		fund.
440	428		(b) The account consists of:
441	429		(1) appropriations of money to the account by the
442	430		legislature;
443	431		(2) gifts, donations, and grants, including federal
444	432		grants; and
445	433		(3) interest earned on the investment of the money in
446	434		the account.
447	435		(c) The comptroller shall deposit to the credit of the
448	436		account federal money received by the state for the purpose of
449	437		broadband development, to the extent permitted by federal law.
450	438		(d) Money in the account may be appropriated only to the
451	439		broadband development office for purposes of:
452	440		(1) creating or updating the map described by Section
453	441		490I.0105;
454	442		(2) administering the broadband development program
455	443		under Section 490I.0106;
456	444		(3) creating or updating the state broadband plan
457	445		under Section 490I.0107; or
458	446		(4) engaging in outreach to communities regarding the
459	447		expansion, adoption, affordability, and use of broadband service
460		-	and the programs administered by the office ~~and equipment~~.
	448	+	and the programs administered by the office.
461	449		(e) The account is exempt from the application of Sections
462	450		403.095, 403.0956, and 404.071.
463	451		Sec. 490I.0109. RULEMAKING. The comptroller may adopt
464	452		rules as necessary to implement this chapter.
465		-	Sec. 490I.0110. BOARD OF ADVISORS. (a) In this section:
466		-	(1) "Rural area" means a county with a population of
467		-	less than 100,000 that is not adjacent to a county with a population
468		-	of more than 350,000.
469		-	(2) "Urban area" means a county with a population of
470		-	more than one million.
471		-	(b) The broadband development office board of advisors is
472		-	composed of 10 members, appointed as follows:
473		-	(1) two members appointed by the governor, including:
474		-	(A) one member to represent the Texas Economic
475		-	Development and Tourism Office; and
476		-	(B) one member to represent nonprofit
477		-	corporations that work on the expansion, adoption, affordability,
478		-	and use of broadband service;
479		-	(2) three members appointed by the lieutenant
480		-	governor, including:
481		-	(A) one member who resides in an urban area;
482		-	(B) one member to represent the public primary
483		-	and secondary education community; and
484		-	(C) one member who resides in a county that:
485		-	(i) is adjacent to an international border;
486		-	(ii) is located not more than 150 miles from
487		-	the Gulf of Mexico; and
488		-	(iii) has a population of more than 60,000;
489		-	(3) three members appointed by the speaker of the
490		-	house of representatives, including:
491		-	(A) one member who resides in a rural area;
492		-	(B) one member to represent the health and
493		-	telemedicine industry; and
494		-	(C) one member to represent the public higher
495		-	education community;
496		-	(4) the comptroller or the comptroller's designee; and
497		-	(5) one nonvoting member appointed by the broadband
498		-	development office to represent the office.
499		-	(c) The comptroller or the comptroller's designee serves as
500		-	the presiding officer of the board of advisors.
501		-	(d) Members of the board of advisors serve at the pleasure
502		-	of the appointing authority for staggered two-year terms, with the
503		-	terms of the members described by Subsections (b)(1) and (2)
504		-	expiring February 1 of each odd-numbered year and the terms of the
505		-	members described by Subsections (b)(3), (4), and (5) expiring
506		-	February 1 of each even-numbered year. A member may serve more than
507		-	one term.
508		-	(e) Not later than the 30th day after the date a member's
509		-	term expires, the appropriate appointing authority shall appoint a
510		-	replacement in the same manner as the original appointment.
511		-	(f) If a vacancy occurs on the board of advisors, the
512		-	appropriate appointing authority shall appoint a successor in the
513		-	same manner as the original appointment to serve for the remainder
514		-	of the unexpired term. The appropriate appointing authority shall
515		-	appoint the successor not later than the 30th day after the date the
516		-	vacancy occurs.
517		-	(g) The board of advisors shall provide guidance to the
518		-	broadband development office regarding the expansion, adoption,
519		-	affordability, and use of broadband service and the programs
520		-	administered by the office.
521		-	(h) Beginning one year after the effective date of the Act
522		-	enacting this chapter, the board of advisors shall meet at least
523		-	once every other month with representatives from the broadband
524		-	development office for the purpose of advising the work of the
525		-	office in implementing the provisions of this chapter.
526		-	(i) A person who is professionally affiliated with a person
527		-	serving as a member of the board of advisors is not eligible for
528		-	funding from the broadband development program under Section
529		-	490I.0106.
530		-	(j) The board of advisors may consult with stakeholders with
531		-	technical expertise in the area of broadband and telecommunication
532		-	technology.
533		-	(k) Meetings of the board of advisors are subject to Chapter
534		-	551.
535	453		SECTION 6. (a) The broadband development office
536	454		established by Section 490I.0102, Government Code, as added by this
537	455		Act, shall publish the map required by Section 490I.0105,
538	456		Government Code, as added by this Act, on the comptroller's
539		-	Internet website not later than ~~January~~ 1, ~~2023~~.
540		-	(b) Not later than ~~September~~ 1, 2022, the office shall
541		-	~~publish~~ on the comptroller's Internet website:
	457	+	Internet website not later than September 1, 2022.
	458	+	(b) Not later than January 1, 2022, the office shall publish
	459	+	on the comptroller's Internet website:
542	460		(1) a map created by the Federal Communications
543	461		Commission that displays the number of broadband service providers
544	462		that serve each designated area; or
545	463		(2) a link to a map described by Subdivision (1) of
546	464		this subsection.
547	465		(c) For the purpose of administering the broadband
548	466		development program established by Section 490I.0106, Government
549	467		Code, as added by this Act, the office shall use a map described by
550	468		Subsection (b) of this section to determine whether an area is
551	469		eligible until the office publishes the map required by Section
552	470		490I.0105, Government Code, as added by this Act.
553	471		SECTION 7. The broadband development office established by
554	472		Section 490I.0102, Government Code, as added by this Act, shall
555	473		prepare the initial state broadband plan required by Section
556		-	490I.0107, Government Code, as added by this Act, not later than the
557		-	first anniversary of the effective date of this Act.
558		-	SECTION 8. (a) Not later than November 1, 2021, each
559		-	appointing authority shall appoint the members of the broadband
560		-	development office board of advisors as required by Section
561		-	490I.0110, Government Code, as added by this Act. The board of
562		-	advisors may not take action until a majority of the members have
563		-	taken office.
564		-	(b) Before the expiration of one year after the effective
565		-	date of this Act, the broadband development office board of
566		-	advisors established under Section 490I.0110, Government Code, as
567		-	added by this Act, shall meet at least once every month with
568		-	representatives from the broadband development office established
569		-	by Section 490I.0102, Government Code, as added by this Act, for the
570		-	purpose of advising the work of the office in implementing the
571		-	provisions of Chapter 490I, Government Code, as added by this Act.
572		-	SECTION 9. This Act takes effect immediately if it receives
573		-	a vote of two-thirds of all the members elected to each house, as
574		-	provided by Section 39, Article III, Texas Constitution. If this
575		-	Act does not receive the vote necessary for immediate effect, this
576		-	Act takes effect September 1, 2021.
577		-	______________________________ ______________________________
578		-	President of the Senate Speaker of the House
579		-	I certify that H.B. No. 5 was passed by the House on April 9,
580		-	2021, by the following vote: Yeas 146, Nays 0, 0 present, not
581		-	voting; that the House refused to concur in Senate amendments to
582		-	H.B. No. 5 on May 3, 2021, and requested the appointment of a
583		-	conference committee to consider the differences between the two
584		-	houses; and that the House adopted the conference committee report
585		-	on H.B. No. 5 on May 28, 2021, by the following vote: Yeas 133,
586		-	Nays 13, 2 present, not voting.
587		-	______________________________
588		-	Chief Clerk of the House
589		-	I certify that H.B. No. 5 was passed by the Senate, with
590		-	amendments, on April 29, 2021, by the following vote: Yeas 31,
591		-	Nays 0; at the request of the House, the Senate appointed a
592		-	conference committee to consider the differences between the two
593		-	houses; and that the Senate adopted the conference committee report
594		-	on H.B. No. 5 on May 28, 2021, by the following vote: Yeas 31, Nays
595		-	0.
596		-	______________________________
597		-	Secretary of the Senate
598		-	APPROVED: __________________
599		-	Date
600		-	__________________
601		-	Governor
	474	+	490I.0107, Government Code, as added by this Act, not later than
	475	+	September 1, 2022.
	476	+	SECTION 8. This Act takes effect September 1, 2021.
	477	+	* * * * *