Texas 2021 - 87th Regular

Texas Senate Bill SB5 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Nichols, et al. S.B. No. 5
	2	+	(In the Senate - Filed February 26, 2021; March 3, 2021,
	3	+	read first time and referred to Committee on Transportation;
	4	+	March 29, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; March 29, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 5 By: Nichols
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the expansion of broadband services to certain areas.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 490H.002(a), Government Code, is amended
9	16		to read as follows:
10	17		(a) The council is composed of one nonvoting member
11	18		appointed by the state broadband development office and the
12	19		following 17 voting members:
13	20		(1) two representatives of separate Internet service
14	21		provider industry associations, including at least one
15	22		representative of an association that primarily represents
16	23		regulated small providers, as defined by Section 56.032, Utilities
17	24		Code, appointed by the governor;
18	25		(2) one representative of the health information
19	26		technology industry, appointed by the governor;
20	27		(3) two representatives of unaffiliated nonprofit
21	28		organizations that advocate for elderly persons statewide,
22	29		appointed by the governor;
23	30		(4) two representatives of unaffiliated nonprofit
24	31		organizations that have a demonstrated history of working with the
25	32		legislature and the public to identify solutions for expanding
26	33		broadband to rural, unserved areas of this state, appointed by the
27	34		governor;
28	35		(5) one representative of an agricultural advocacy
29	36		organization in this state, appointed by the governor;
30	37		(6) one representative of a hospital advocacy
31	38		organization in this state, appointed by the governor;
32	39		(7) one representative of a medical advocacy
33	40		organization in this state, appointed by the governor;
34	41		(8) one county official who serves in an elected
35	42		office of a county with a population of less than 35,000, appointed
36	43		by the governor;
37	44		(9) one municipal official who serves in an elected
38	45		office of a municipality with a population of less than 20,000
39	46		located in a county with a population of less than 60,000, appointed
40	47		by the governor;
41	48		(10) one representative of an institution of higher
42	49		education that has its main campus in a county with a population of
43	50		less than 60,000, appointed by the governor;
44	51		(11) one representative of a school district with a
45	52		territory that includes only counties with a population of less
46	53		than 60,000, appointed by the governor;
47	54		(12) one representative from a library association,
48	55		appointed by the governor;
49	56		(13) one member of the house of representatives,
50	57		appointed by the speaker of the house of representatives; and
51	58		(14) one state senator, appointed by the lieutenant
52	59		governor.
53	60		SECTION 2. Section 490H.006(a), Government Code, is amended
54	61		to read as follows:
55	62		(a) The council shall:
56	63		(1) research and monitor the progress of:
57	64		(A) broadband development in unserved areas;
58	65		(B) deployment of broadband services statewide;
59	66		and
60	67		(C) purchase of broadband by residential and
61	68		commercial customers;
62	69		(2) identify barriers to residential and commercial
63	70		broadband deployment in unserved areas;
64	71		(3) study:
65	72		(A) technology-neutral solutions to overcome
66	73		barriers identified under Subdivision (2); and
67	74		(B) industry and technology trends in broadband
68	75		services; and
69	76		(4) analyze how statewide access to broadband would
70	77		benefit:
71	78		(A) economic development;
72	79		(B) the delivery of educational opportunities in
73	80		higher education and public education;
74	81		(C) state and local law enforcement;
75	82		(D) state emergency preparedness; and
76	83		(E) the delivery of health care services,
77	84		including telemedicine and telehealth.
78	85		SECTION 3. Subtitle F, Title 4, Government Code, is amended
79	86		by adding Chapter 490I to read as follows:
80	87		CHAPTER 490I. STATE BROADBAND DEVELOPMENT OFFICE
81	88		Sec. 490I.0101. OFFICE. (a) The state broadband
82	89		development office is established to promote the expansion of
83	90		access to broadband service in this state.
84	91		(b) The state broadband development office is
85	92		administratively attached to The University of Texas System. The
86	93		system may employ additional employees necessary for the discharge
87	94		of the duties of the office.
88	95		(c) The state broadband development office:
89	96		(1) is under the direction and control of the board of
90	97		advisors established by Section 490I.0104;
91	98		(2) shall promote the policies enumerated in this
92	99		chapter; and
93	100		(3) may perform any action authorized by state or
94	101		federal law.
95	102		Sec. 490I.0102. POWERS AND DUTIES. (a) The state broadband
96	103		development office shall:
97	104		(1) serve as a resource for information regarding
98	105		broadband service in this state;
99	106		(2) engage in outreach to communities regarding the
100	107		expansion, adoption, and affordability of broadband service and the
101	108		programs administered by the office; and
102	109		(3) serve as an information clearinghouse regarding
103	110		federal programs that provide assistance to local entities with
104	111		respect to broadband service.
105	112		(b) The office has the powers necessary to carry out the
106	113		duties of the office under this chapter, including the power to
107	114		enter into contracts and other necessary instruments.
108	115		(c) This chapter does not grant the office authority to
109	116		regulate broadband services or broadband service providers or,
110	117		except as provided by Section 490I.0107, to require broadband
111	118		service providers to submit information to the office.
112	119		Sec. 490I.0103. THRESHOLD SPEED FOR BROADBAND SERVICE. (a)
113	120		For the purposes of this chapter and subject to Subsection (b),
114	121		"broadband service" means Internet service with the capability of
115	122		providing:
116	123		(1) a download speed of 25 megabits per second or
117	124		faster; and
118	125		(2) an upload speed of 3 megabits per second or faster.
119	126		(b) If the Federal Communications Commission adopts
120	127		download or upload threshold speeds for advanced
121	128		telecommunications capability under 47 U.S.C. Section 1302 that are
122	129		higher than those specified by Subsection (a), the state broadband
123	130		development office by rule may require Internet service to be
124	131		capable of providing download and upload speeds that match those
125	132		federal threshold speeds in order to qualify as broadband service
126	133		under this chapter.
127	134		(c) Not later than the 60th day after the date the state
128	135		broadband development office adjusts the minimum download or upload
129	136		speeds required for Internet service to qualify as broadband
130	137		service under this chapter, the office shall publish the adjusted
131	138		minimum download and upload speeds on the comptroller's Internet
132	139		website.
133	140		Sec. 490I.0104. BOARD OF ADVISORS. (a) In this section:
134	141		(1) "Rural area" means a county with a population of
135	142		less than 100,000 that is not adjacent to a county with a population
136	143		of more than 350,000.
137	144		(2) "Urban area" means:
138	145		(A) a municipality with a population of more than
139	146		500,000; or
140	147		(B) a county with a population of more than 1
141	148		million.
142	149		(b) The state broadband development office board of
143	150		advisors is composed of 12 members, appointed as follows:
144	151		(1) three members appointed by the governor,
145	152		including:
146	153		(A) one member to represent the Texas Economic
147	154		Development and Tourism Office; and
148	155		(B) two members to represent nonprofit
149	156		corporations that work on broadband connectivity, broadband
150	157		adoption, and digital literacy;
151	158		(2) three members appointed by the lieutenant
152	159		governor, including:
153	160		(A) one member who resides in a rural area;
154	161		(B) one member who resides in an urban area; and
155	162		(C) one member to represent the public education
156	163		community;
157	164		(3) three members appointed by the speaker of the
158	165		house of representatives, including:
159	166		(A) one member who resides in a rural area;
160	167		(B) one member who resides in a county that:
161	168		(i) is adjacent to an international border;
162	169		(ii) is located not more than 150 miles from
163	170		the Gulf of Mexico; and
164	171		(iii) has a population of more than 60,000;
165	172		and
166	173		(C) one member to represent the health and
167	174		telemedicine industry;
168	175		(4) one member appointed by the board of regents of The
169	176		University of Texas System;
170	177		(5) one member appointed by the board of regents of the
171	178		Texas Tech University System; and
172	179		(6) one nonvoting member appointed by the state
173	180		broadband development office to represent the office.
174	181		(c) Members of the board of advisors serve at the pleasure
175	182		of the appointing authority for staggered two-year terms, with the
176	183		terms of the members described by Subsections (b)(1) and (2)
177	184		expiring February 1 of each odd-numbered year and the terms of the
178	185		members described by Subsections (b)(3), (4), (5), and (6) expiring
179	186		February 1 of each even-numbered year. A member may serve more than
180	187		one term.
181	188		(d) Not later than the 30th day after the date a member's
182	189		term expires, the appropriate appointing authority shall appoint a
183	190		replacement in the same manner as the original appointment.
184	191		(e) If a vacancy occurs on the board of advisors, the
185	192		appropriate appointing authority shall appoint a successor in the
186	193		same manner as the original appointment to serve for the remainder
187	194		of the unexpired term. The appropriate appointing authority shall
188	195		appoint the successor not later than the 30th day after the date the
189	196		vacancy occurs.
190	197		(f) The board of advisors shall meet at least once per month
191	198		with representatives from the state broadband development office
192	199		for the purpose of directing and overseeing the work of the office
193	200		in implementing the provisions of this chapter.
194	201		(g) The board of advisors may retain employees to discharge
195	202		the duties of the office.
196	203		(h) A person who is professionally affiliated with a person
197	204		serving as a member of the board of advisors is not eligible for
198	205		funding from the broadband development program established under
199	206		Section 490I.0107.
200	207		(i) The board of advisors may consult with stakeholders with
201	208		technical expertise in the area of broadband and telecommunication
202	209		technology.
203	210		(j) Meetings of the board of advisors are subject to Chapter
204	211		551.
205	212		Sec. 490I.0105. PARTICIPATION IN PROCEEDINGS OF FEDERAL
206	213		COMMUNICATIONS COMMISSION. (a) The state broadband development
207	214		office may monitor, participate in, and provide input in
208	215		proceedings of the Federal Communications Commission related to the
209	216		geographic availability and deployment of broadband service in this
210	217		state to ensure that:
211	218		(1) the information available to the commission
212	219		reflects the current status of geographic availability and
213	220		deployment of broadband service in this state; and
214	221		(2) this state is best positioned to benefit from
215	222		broadband service deployment programs administered by federal
216	223		agencies.
217	224		(b) The office may participate in a process established by
218	225		the Federal Communications Commission allowing governmental
219	226		entities to challenge the accuracy of the commission's information
220	227		regarding the geographic availability and deployment of broadband
221	228		service.
222	229		(c) The office shall establish procedures and a data
223	230		collection process in accordance with rules established by the
224	231		Federal Communications Commission that will enable the office to
225	232		participate in the process described by Subsection (b).
226	233		Sec. 490I.0106. BROADBAND DEVELOPMENT MAP. (a) The state
227	234		broadband development office shall develop and maintain a public
228	235		Internet website.
229	236		(b) The office shall create, update annually, and publish on
230	237		the office's Internet website a map classifying each designated
231	238		area in this state as:
232	239		(1) an eligible area, if fewer than 80 percent of the
233	240		addresses in the designated area have access to broadband service;
234	241		or
235	242		(2) an ineligible area, if 80 percent or more of the
236	243		addresses in the designated area have access to broadband service.
237	244		(c) The office by rule may determine the scope of a
238	245		designated area under Subsection (b).
239	246		(d) After creation of the initial map described in
240	247		Subsection (b), the office may evaluate the usefulness of the
241	248		standards for eligible and ineligible areas outlined in Subsection
242	249		(b) and, if appropriate, make a recommendation to the legislature
243	250		to revise the standards.
244	251		(e) The map must display:
245	252		(1) the number of broadband service providers that
246	253		serve each eligible area;
247	254		(2) for each eligible area, an indication of whether
248	255		the area has access to Internet service that is not broadband
249	256		service, regardless of the technology used to provide the service;
250	257		and
251	258		(3) each public school campus in this state with an
252	259		indication of whether the public school campus has access to
253	260		broadband service.
254	261		(f) The office must create, update, and publish the map in a
255	262		manner consistent with the Federal Communications Commission
256	263		mapping methodology prescribed under the Broadband DATA Act (Pub.
257	264		L. No. 116-130).
258	265		(g) Except as provided by Subsection (h), the office shall
259	266		use information available from the Federal Communications
260	267		Commission to create or update the map.
261	268		(h) If information from the Federal Communications
262	269		Commission is not sufficient for the office to create or update the
263	270		map, the office may request the necessary information from a
264	271		political subdivision or broadband service provider, and the
265	272		subdivision or provider may report the information to the office.
266	273		The office may not require a subdivision or provider to report
267	274		information in a format different from the format required by the
268	275		Federal Communications Commission mapping methodology prescribed
269	276		under the Broadband DATA Act (Pub. L. No. 116-130).
270	277		(i) Information a broadband service provider reports to the
271	278		office under Subsection (h) and information provided by the Federal
272	279		Communications Commission, if not publicly available, is
273	280		confidential and not subject to disclosure under Chapter 552.
274	281		(j) The office may contract with a private consultant or
275	282		other appropriate person who is not associated or affiliated with a
276	283		commercial broadband provider, including a local governmental
277	284		entity, to provide technical or administrative assistance to the
278	285		office for the purpose of creating or updating the map.
279	286		(k) The office may release information reported under
280	287		Subsection (h) to a contractor providing services under Subsection
281	288		(j). The contractor shall:
282	289		(1) keep the information confidential; and
283	290		(2) return the information to the office on the
284	291		earliest of the following dates:
285	292		(A) the date the contract expires;
286	293		(B) the date the contract is terminated; or
287	294		(C) the date the mapping project for which the
288	295		contractor is providing services is complete.
289	296		(l) A person who contracts under Subsection (j) may not
290	297		provide services for a broadband provider in this state before the
291	298		second anniversary of the last day the contract is in effect.
292	299		(m) The office shall establish criteria for determining
293	300		whether a designated area should be reclassified as an eligible
294	301		area or an ineligible area. The criteria must include an evaluation
295	302		of Internet speed test data and information on end user addresses.
296	303		The criteria may also include community surveys regarding the
297	304		reliability of Internet service, where available.
298	305		(n) A broadband service provider or political subdivision
299	306		may petition the office to reclassify a designated area on the map
300	307		as an eligible area or ineligible area. The office shall provide
301	308		notice of the petition to each broadband service provider that
302	309		provides broadband service to the designated area and post notice
303	310		of the petition on the office's Internet website.
304	311		(o) Not later than the 45th day after the date that a
305	312		broadband provider receives notice under Subsection (n), the
306	313		provider shall provide information to the office showing whether
307	314		the designated area should or should not be reclassified.
308	315		(p) Not later than the 75th day after the date that a
309	316		broadband provider receives notice under Subsection (n), the office
310	317		shall determine whether to reclassify the designated area on the
311	318		map and update the map as necessary. A determination made by the
312	319		office under this subsection is not a contested case for purposes of
313	320		Chapter 2001.
314	321		(q) The office is not required to create, update, or publish
315	322		a map under this section if the Federal Communications Commission
316	323		produces a map that:
317	324		(1) enables the office to identify eligible and
318	325		ineligible areas, as described by Subsection (b); and
319	326		(2) meets the requirements of Subsection (f).
320	327		Sec. 490I.0107. BROADBAND DEVELOPMENT PROGRAM. (a) The
321	328		state broadband development office shall establish a program to
322	329		award grants, low-interest loans, and other financial incentives to
323	330		applicants for the purpose of expanding access to and adoption of
324	331		broadband service in designated areas determined to be eligible
325	332		areas by the office under Section 490I.0106.
326	333		(b) The office shall establish and publish eligibility
327	334		criteria for award recipients. The criteria must:
328	335		(1) include consideration of grants and other
329	336		financial incentives awarded from the federal government for the
330	337		deployment of broadband service in a designated area;
331	338		(2) require that grants, loans, and other financial
332	339		incentives awarded through the program be used only for capital
333	340		expenses, purchase or lease of property, and other expenses,
334	341		including backhaul and transport, that will facilitate the
335	342		provision or adoption of broadband service; and
336	343		(3) prioritize eligible areas in which the lowest
337	344		percentage of addresses have access to broadband service.
338	345		(c) Notwithstanding Subsection (b)(3), the office may
339	346		establish eligibility criteria that take into account a cost
340	347		benefit analysis for awarding money to the eligible areas described
341	348		by that subdivision.
342	349		(d) The office may not:
343	350		(1) favor a particular broadband technology in
344	351		awarding grants, loans, or other financial incentives;
345	352		(2) award grants, loans, or other financial incentives
346	353		to a broadband provider that does not report information requested
347	354		by the office under Section 490I.0106;
348	355		(3) award a grant, loan, or other financial incentive
349	356		to a noncommercial provider of broadband service for an eligible
350	357		area if a commercial provider of broadband service has submitted an
351	358		application for the eligible area; or
352	359		(4) take into consideration distributions from the
353	360		state universal service fund established under Section 56.021,
354	361		Utilities Code, when deciding to award grants, loans, or other
355	362		financial incentives.
356	363		(e) An award granted under this section does not affect
357	364		distributions received by a broadband provider from the state
358	365		universal service fund established under Section 56.021, Utilities
359	366		Code.
360	367		Sec. 490I.0108. BROADBAND DEVELOPMENT FUND. (a) The
361	368		broadband development fund is a special fund in the state treasury
362	369		outside of the general revenue fund.
363	370		(b) The fund consists of:
364	371		(1) appropriations of money to the fund by the
365	372		legislature;
366	373		(2) gifts, donations, and grants, including federal
367	374		grants; and
368	375		(3) interest earned on the investment of the money in
369	376		the fund.
370	377		(c) The comptroller shall deposit to the credit of the fund
371	378		federal money received by the state for the purpose of broadband
372	379		development, to the extent permitted by state and federal law.
373	380		(d) Money in the fund may be appropriated only to the state
374	381		broadband development office for purposes of:
375	382		(1) administering the broadband development program;
376	383		(2) creating or updating the map described by Section
377	384		490I.0106;
378	385		(3) creating or updating the state broadband plan
379	386		under Section 490I.0109; or
380	387		(4) engaging in outreach to communities regarding the
381	388		programs administered by the office and the expansion, adoption,
382	389		and affordability of broadband services and equipment.
383	390		(e) The fund is exempt from the application of Section
384	391		404.071.
385	392		Sec. 490I.0109. STATE BROADBAND PLAN. (a) The state
386	393		broadband development office shall prepare a state broadband plan
387	394		that establishes long-term goals for greater access to and
388	395		affordability and adoption of broadband service in this state.
389	396		(b) In developing the state broadband plan, the office
390	397		shall:
391	398		(1) collaborate, to the extent possible, with state
392	399		agencies, political subdivisions, broadband industry stakeholders
393	400		and representatives, and community organizations that focus on
394	401		broadband services and technology access;
395	402		(2) give consideration to the policy recommendations
396	403		of the governor's broadband development council;
397	404		(3) favor policies that are technology-neutral and
398	405		protect all members of the public;
399	406		(4) explore state and regional approaches to broadband
400	407		development; and
401	408		(5) prioritize broadband needs related to public
402	409		education and state and local education agencies, including
403	410		agencies involved in the electronic administration of all
404	411		assessment instruments required under Section 39.023, Education
405	412		Code.
406	413		Sec. 490I.0110. RULEMAKING. The state broadband
407	414		development office may adopt rules necessary to implement this
408	415		chapter. Rules must be:
409	416		(1) proposed and adopted according to Chapter 2001;
410	417		and
411	418		(2) approved by a majority vote of the board of
412	419		advisors.
413	420		SECTION 4. Not later than November 1, 2021, each appointing
414	421		authority shall appoint the members of the state broadband
415	422		development office board of advisors as required by Section
416	423		490I.0104, Government Code, as added by this Act. The board of
417	424		advisors may not take action until a majority of the members have
418	425		taken office.
419	426		SECTION 5. Not later than the first anniversary of the
420	427		effective date of this Act, the state broadband development office
421	428		established by Section 490I.0101, Government Code, as added by this
422	429		Act, shall prepare the initial state broadband plan required by
423	430		Section 490I.0109, Government Code, as added by this Act.
424	431		SECTION 6. (a) The state broadband development office
425	432		established by Section 490I.0101, Government Code, as added by this
426	433		Act, shall publish the map required by Section 490I.0106,
427	434		Government Code, as added by this Act, on the office's Internet
428		-	website not later than ~~January~~ 1, ~~2023~~.
429		-	(b) Not later than ~~September~~ 1, ~~2022~~, the office shall
430		-	~~publish~~ on the office's Internet website:
	435	+	website not later than September 1, 2022.
	436	+	(b) Not later than January 1, 2023, the office shall publish
	437	+	on the office's Internet website:
431	438		(1) a map created by the Federal Communications
432	439		Commission that displays the number of broadband service providers
433	440		that serve each designated area; or
434	441		(2) a link to a map described by Subdivision (1) of
435	442		this subsection.
436	443		(c) For the purpose of administering the broadband
437	444		development program established by Section 490I.0107, Government
438	445		Code, as added by this Act, the office shall use a map described by
439	446		Subsection (b) of this section to determine whether an area is
440	447		eligible until the office publishes the map required by Section
441	448		490I.0106, Government Code, as added by this Act.
442	449		SECTION 7. This Act takes effect immediately if it receives
443	450		a vote of two-thirds of all the members elected to each house, as
444	451		provided by Section 39, Article III, Texas Constitution. If this
445	452		Act does not receive the vote necessary for immediate effect, this
446	453		Act takes effect September 1, 2021.
	454	+	* * * * *