87R10078 CXP-D
By: Nichols, et al. S.B. No. 5
A BILL TO BE ENTITLED
AN ACT
relating to the expansion of broadband services to certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 490H.002(a), Government Code, is amended
to read as follows:
(a) The council is composed of one nonvoting member
appointed by the state broadband development office and the
following 17 voting members:
(1) two representatives of separate Internet service
provider industry associations, including at least one
representative of an association that primarily represents small
providers, as defined by Section 56.032, Utilities Code, appointed
by the governor;
(2) one representative of the health information
technology industry, appointed by the governor;
(3) two representatives of unaffiliated nonprofit
organizations that advocate for elderly persons statewide,
appointed by the governor;
(4) two representatives of unaffiliated nonprofit
organizations that have a demonstrated history of working with the
legislature and the public to identify solutions for expanding
broadband to rural, unserved areas of this state, appointed by the
governor;
(5) one representative of an agricultural advocacy
organization in this state, appointed by the governor;
(6) one representative of a hospital advocacy
organization in this state, appointed by the governor;
(7) one representative of a medical advocacy
organization in this state, appointed by the governor;
(8) one county official who serves in an elected
office of a county with a population of less than 35,000, appointed
by the governor;
(9) one municipal official who serves in an elected
office of a municipality with a population of less than 20,000
located in a county with a population of less than 60,000, appointed
by the governor;
(10) one representative of an institution of higher
education that has its main campus in a county with a population of
less than 60,000, appointed by the governor;
(11) one representative of a school district with a
territory that includes only counties with a population of less
than 60,000, appointed by the governor;
(12) one representative from a library association,
appointed by the governor;
(13) one member of the house of representatives,
appointed by the speaker of the house of representatives; and
(14) one state senator, appointed by the lieutenant
governor.
SECTION 2. Section 490H.006(a), Government Code, is amended
to read as follows:
(a) The council shall:
(1) research the progress of:
(A) broadband development in unserved areas; and
(B) deployment of broadband services statewide;
(2) identify barriers to residential and commercial
broadband deployment in unserved areas;
(3) study:
(A) technology-neutral solutions to overcome
barriers identified under Subdivision (2); and
(B) industry and technology trends in broadband
services;
(4) analyze how statewide access to broadband would
benefit:
(A) economic development;
(B) the delivery of educational opportunities in
higher education and public education;
(C) state and local law enforcement;
(D) state emergency preparedness; and
(E) the delivery of health care services,
including telemedicine and telehealth; and
(5) study the outcomes of programs administered by the
state broadband development office.
SECTION 3. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490I to read as follows:
CHAPTER 490I. STATE BROADBAND DEVELOPMENT OFFICE
Sec. 490I.0101. DEFINITION. In this chapter, "broadband
service" means Internet service provided directly to end user
retail customers and capable of providing:
(1) a download speed of 25 megabits per second or
faster; and
(2) an upload speed of 3 megabits per second or faster.
Sec. 490I.0102. OFFICE. (a) The state broadband
development office is established to promote the expansion of
access to broadband service in this state.
(b) The state broadband development office is
administratively attached to The University of Texas System. The
system may employ additional employees necessary for the discharge
of the duties of the office.
(c) The state broadband development office:
(1) is under the direction and control of the board of
advisors established by Section 490I.0104;
(2) shall promote the policies enumerated in this
chapter; and
(3) may perform any action authorized by state or
federal law.
Sec. 490I.0103. POWERS AND DUTIES. The state broadband
development office shall:
(1) serve as a resource for information regarding
broadband service in this state; and
(2) engage in outreach to communities regarding the
expansion and adoption of broadband service and the programs
administered by the office.
Sec. 490I.0104. BOARD OF ADVISORS. (a) In this section, a
"rural area" means a county with a population of less than 100,000
that is not adjacent to a county with a population of more than
300,000.
(b) The state broadband development office board of
advisors is composed of 11 members, appointed as follows:
(1) three members appointed by the lieutenant
governor, including one member who resides in a rural area and one
member representing the education community;
(2) three members appointed by the speaker of the
house of representatives, including one member who resides in a
rural area and one member representing the health and telemedicine
industry;
(3) one member appointed by the governor;
(4) one member appointed by the board of regents of the
University of Houston System;
(5) one member appointed by the board of regents of The
Texas A&M University System;
(6) one member appointed by the board of regents of the
Texas Tech University System; and
(7) one member appointed by the board of regents of The
University of Texas System.
(c) Members of the board of advisors serve at the pleasure
of the appointing authority for staggered two-year terms, with the
terms of the members described by Subsections (b)(1) and (2)
expiring February 1 of each odd-numbered year and the terms of the
members described by Subsections (b)(3), (4), (5), (6), and (7)
expiring February 1 of each even-numbered year. A member may serve
more than one term.
(d) Not later than the 30th day after the date a member's
term expires, the appropriate appointing authority shall appoint a
replacement in the same manner as the original appointment.
(e) If a vacancy occurs on the board of advisors, the
appropriate appointing authority shall appoint a successor in the
same manner as the original appointment to serve for the remainder
of the unexpired term. The appropriate appointing authority shall
appoint the successor not later than the 30th day after the date the
vacancy occurs.
(f) The board of advisors shall meet at least once per month
with representatives from the state broadband development office
for the purpose of directing and overseeing the work of the office
in implementing the provisions of this chapter.
(g) Meetings of the board of advisors are subject to Chapter
551.
Sec. 490I.0105. BROADBAND DEVELOPMENT MAP. (a) The state
broadband development office shall develop and maintain a public
Internet website.
(b) The office shall create, update annually, and publish on
the office's Internet website a map designating each census block
in this state as:
(1) an eligible area, if fewer than 80 percent of the
addresses in the block have access to broadband service; or
(2) an ineligible area, if 80 percent or more of the
addresses in the block have access to broadband service.
(c) The map must display:
(1) the number of broadband service providers that
serve each census block; and
(2) for each eligible area, an indication of whether
the area has access to Internet service that is not broadband
service, regardless of the technology used to provide the service.
(d) Except as provided by Subsection (e), the office shall
use information available from the Federal Communications
Commission to create or update the map.
(e) If information from the Federal Communications
Commission is not sufficient for the office to create or update the
map, the office may request the necessary information from a
political subdivision or broadband service provider, and the
subdivision or provider shall report the information to the office.
The office may not require a subdivision or provider to report
information in a format that is substantially different from the
format required by the Federal Communications Commission.
(f) Information a broadband service provider reports to the
office under Subsection (e) is confidential and not subject to
disclosure under Chapter 552. The office may not share information
reported under Subsection (e) with a third party or contract with a
third party to collect, analyze, or use information reported under
Subsection (e).
(g) A broadband service provider or political subdivision
may petition the office to redesignate a census block on the map as
an eligible area or ineligible area. The office shall provide
notice of the petition to each broadband service provider that
provides broadband service to the census block and post notice of
the petition on the office's Internet website.
(h) Not later than the 45th day after the date that a
broadband provider receives notice under Subsection (g), the
provider shall provide information to the office showing whether
the census block should or should not be redesignated.
(i) Not later than the 75th day after the date that a
broadband provider receives notice under Subsection (g), the office
shall determine whether to redesignate the census block on the map
and update the map as necessary. A determination made by the office
under this subsection is not a contested case for purposes of
Chapter 2001.
(j) The office is not required to create, update, or publish
a map under this section if the Federal Communications Commission
produces a map that:
(1) enables the office to identify eligible and
ineligible areas, as described by Subsection (b); and
(2) meets the requirements of Subsection (c).
Sec. 490I.0106. BROADBAND DEVELOPMENT PROGRAM. (a) The
state broadband development office shall establish a program to
award grants, low-interest loans, and other financial incentives to
applicants for the purpose of expanding access to and adoption of
broadband service in census blocks determined to be eligible areas
by the office under Section 490I.0105.
(b) The office shall establish and publish eligibility
criteria for award recipients. The criteria must require that
grants, loans, and other financial incentives awarded through the
program be used only for capital expenses, purchase or lease of
property, and other expenses, including backhaul and transport,
that will facilitate the provision or adoption of broadband
service.
(c) The office may not:
(1) favor a particular broadband technology in
awarding grants, loans, or other financial incentives;
(2) award grants, loans, or other financial incentives
to a broadband provider that does not report information requested
by the office under Section 490I.0105;
(3) award a grant, loan, or other financial incentive
to a noncommercial provider of broadband service for an eligible
area if a commercial provider of broadband service has submitted an
application for the eligible area; or
(4) take into consideration distributions from the
state universal service fund established under Chapter 56,
Utilities Code, when deciding to award grants, loans, or other
financial incentives.
(d) An award granted under this section does not affect
distributions received by a broadband provider from the state
universal service fund established under Chapter 56, Utilities
Code.
Sec. 490I.0107. BROADBAND DEVELOPMENT ACCOUNT. (a) The
broadband development account is an account in the general revenue
fund.
(b) The account consists of:
(1) appropriations of money to the account by the
legislature;
(2) gifts, donations, and grants, including federal
grants; and
(3) interest earned on the investment of the money in
the account.
(c) The comptroller shall deposit to the credit of the
account federal money received by the state for the purpose of
broadband development, to the extent permitted by state and federal
law.
(d) Money in the account may be appropriated only to the
state broadband development office for purposes of:
(1) administering the broadband development program;
or
(2) creating or updating the map described by Section
490I.0105.
(e) The account is exempt from the application of Section
404.071.
Sec. 490I.0108. RULEMAKING. The state broadband
development office may adopt rules necessary to implement this
chapter. Rules must be:
(1) proposed and adopted according to Chapter 2001;
and
(2) approved by a majority vote of the board of
advisors.
SECTION 4. Not later than November 1, 2021, each appointing
authority shall appoint the members of the state broadband
development office board of advisors as required by Section
490I.0104, Government Code, as added by this Act. The board of
advisors may not take action until a majority of the members have
taken office.
SECTION 5. (a) Not later than the first anniversary of the
effective date of this Act, the state broadband development office
established by Section 490I.0102, Government Code, as added by this
Act, shall prepare a state broadband plan that establishes
long-term goals for greater access to and adoption of broadband
service in this state.
(b) In developing the state broadband plan, the office
shall:
(1) collaborate, to the extent possible, with state
agencies, political subdivisions, broadband industry stakeholders
and representatives, and community organizations that focus on
broadband services;
(2) incorporate the policy recommendations of the
governor's broadband development council;
(3) favor policies that are technology-neutral and
protect all members of the public; and
(4) explore state and regional approaches to broadband
development.
SECTION 6. (a) The state broadband development office
established by Section 490I.0102, Government Code, as added by this
Act, shall publish the map required by Section 490I.0105,
Government Code, as added by this Act, on the office's Internet
website not later than September 1, 2022.
(b) Not later than January 1, 2022, the office shall publish
on the office's Internet website:
(1) a map created by the Federal Communications
Commission that displays the number of broadband service providers
that serve each census block; or
(2) a link to a map described by Subdivision (1) of
this subsection.
(c) For the purpose of administering the broadband
development program established by Section 490I.0106, Government
Code, as added by this Act, the office shall use a map described by
Subsection (b) of this section to determine whether an area is
eligible until the office publishes the map required by Section
490I.0105, Government Code, as added by this Act.
SECTION 7. 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.