Texas 2021 - 87th Regular

Texas Senate Bill SB506 Compare Versions

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

Old	New	Differences
1	1	87R6584 BRG-D
2	2	By: Nichols S.B. No. 506
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 17
13	13	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	SECTION 2. Section 490H.006(a), Government Code, is amended
55	55	to read as follows:
56	56	(a) The council shall:
57	57	(1) research the progress of:
58	58	(A) broadband development in unserved areas; and
59	59	(B) deployment of broadband services statewide;
60	60	(2) identify barriers to residential and commercial
61	61	broadband deployment in unserved areas;
62	62	(3) study:
63	63	(A) technology-neutral solutions to overcome
64	64	barriers identified under Subdivision (2); and
65	65	(B) industry and technology trends in broadband
66	66	services;
67	67	(4) analyze how statewide access to broadband would
68	68	benefit:
69	69	(A) economic development;
70	70	(B) the delivery of educational opportunities in
71	71	higher education and public education;
72	72	(C) state and local law enforcement;
73	73	(D) state emergency preparedness; and
74	74	(E) the delivery of health care services,
75	75	including telemedicine and telehealth; and
76	76	(5) study the outcomes of programs administered by the
77	77	broadband development office.
78	78	SECTION 3. Subtitle F, Title 4, Government Code, is amended
79	79	by adding Chapter 490I to read as follows:
80	80	CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE
81	81	Sec. 490I.0101. DEFINITION. In this chapter, "broadband
82	82	service" means Internet service provided directly to end user
83	83	retail customers and capable of providing:
84	84	(1) a download speed of 25 megabits per second or
85	85	faster; and
86	86	(2) an upload speed of 3 megabits per second or faster.
87	87	Sec. 490I.0102. OFFICE. (a) The broadband development
88	88	office is an office within the comptroller's office.
89	89	(b) The comptroller may employ additional employees
90	90	necessary for the discharge of the duties of the broadband
91	91	development office.
92	92	(c) The broadband development office:
93	93	(1) is under the direction and control of the
94	94	comptroller;
95	95	(2) shall promote the policies enumerated in this
96	96	chapter; and
97	97	(3) may perform any action authorized by state or
98	98	federal law.
99	99	Sec. 490I.0103. POWERS AND DUTIES. The broadband
100	100	development office shall:
101	101	(1) serve as a resource for information regarding
102	102	broadband service in this state; and
103	103	(2) engage in outreach to communities regarding the
104	104	expansion and adoption of broadband service and the programs
105	105	administered by the office.
106	106	Sec. 490I.0104. BROADBAND DEVELOPMENT MAP. (a) The
107	107	broadband development office shall create, update annually, and
108	108	publish on the comptroller's Internet website a map designating
109	109	each census block in this state as:
110	110	(1) an eligible area, if fewer than 80 percent of the
111	111	addresses in the block have access to broadband service; or
112	112	(2) an ineligible area, if 80 percent or more of the
113	113	addresses in the block have access to broadband service.
114	114	(b) The map must display:
115	115	(1) the number of broadband service providers that
116	116	serve each census block; and
117	117	(2) for each eligible area, an indication of whether
118	118	the area has access to Internet service that is not broadband
119	119	service, regardless of the technology used to provide the service.
120	120	(c) Except as provided by Subsection (d), the office shall
121	121	use information available from the Federal Communications
122	122	Commission to create or update the map.
123	123	(d) If information from the Federal Communications
124	124	Commission is not sufficient for the office to create or update the
125	125	map, the office may request the necessary information from a
126	126	political subdivision or broadband service provider, and the
127	127	subdivision or provider shall report the information to the office.
128	128	The office may not require a subdivision or provider to report
129	129	information in a format that is substantially different from the
130	130	format required by the Federal Communications Commission.
131	131	(e) Information a broadband service provider reports to the
132	132	office under Subsection (d) is confidential and not subject to
133	133	disclosure under Chapter 552. The office may not share information
134	134	reported under Subsection (d) with a third party or contract with a
135	135	third party to collect, analyze, or use information reported under
136	136	Subsection (d).
137	137	(f) A broadband service provider or political subdivision
138	138	may petition the office to redesignate a census block on the map as
139	139	an eligible area or ineligible area. The office shall provide
140	140	notice of the petition to each broadband service provider that
141	141	provides broadband service to the census block and post notice of
142	142	the petition on the comptroller's Internet website.
143	143	(g) Not later than the 45th day after the date that a
144	144	broadband provider receives notice under Subsection (f), the
145	145	provider shall provide information to the office showing whether
146	146	the census block should or should not be redesignated.
147	147	(h) Not later than the 75th day after the date that a
148	148	broadband provider receives notice under Subsection (f), the office
149	149	shall determine whether to redesignate the census block on the map
150	150	and update the map as necessary. A determination made by the office
151	151	under this subsection is not a contested case for purposes of
152	152	Chapter 2001.
153	153	(i) The office is not required to create, update, or publish
154	154	a map under this section if the Federal Communications Commission
155	155	produces a map that:
156	156	(1) enables the office to identify eligible and
157	157	ineligible areas, as described by Subsection (a); and
158	158	(2) meets the requirements of Subsection (b).
159	159	Sec. 490I.0105. BROADBAND DEVELOPMENT PROGRAM. (a) The
160	160	broadband development office shall establish a program to award
161	161	grants, low-interest loans, and other financial incentives to
162	162	applicants for the purpose of expanding access to and adoption of
163	163	broadband service in census blocks determined to be eligible areas
164	164	by the office under Section 490I.0104.
165	165	(b) The office shall establish and publish eligibility
166	166	criteria for award recipients. The criteria must require that
167	167	grants, loans, and other financial incentives awarded through the
168	168	program be used only for capital expenses, purchase or lease of
169	169	property, and other expenses, including backhaul and transport,
170	170	that will facilitate the provision or adoption of broadband
171	171	service.
172	172	(c) The office may not:
173	173	(1) favor a particular broadband technology in
174	174	awarding grants, loans, or other financial incentives;
175	175	(2) award grants, loans, or other financial incentives
176	176	to a broadband provider that does not report information requested
177	177	by the office under Section 490I.0104;
178	178	(3) award a grant, loan, or other financial incentive
179	179	to a noncommercial provider of broadband service for an eligible
180	180	area if a commercial provider of broadband service has submitted an
181	181	application for the eligible area; or
182	182	(4) take into consideration distributions from the
183	183	state universal service fund established under Chapter 56,
184	184	Utilities Code, when deciding to award grants, loans, or other
185	185	financial incentives.
186	186	(d) An award granted under this section does not affect
187	187	distributions received by a broadband provider from the state
188	188	universal service fund established under Chapter 56, Utilities
189	189	Code.
190	190	Sec. 490I.0106. BROADBAND DEVELOPMENT ACCOUNT. (a) The
191	191	broadband development account is an account in the general revenue
192	192	fund.
193	193	(b) The account consists of:
194	194	(1) appropriations of money to the account by the
195	195	legislature;
196	196	(2) gifts, donations, and grants, including federal
197	197	grants; and
198	198	(3) interest earned on the investment of the money in
199	199	the account.
200	200	(c) The comptroller shall deposit to the credit of the
201	201	account federal money received by the state for the purpose of
202	202	broadband development, to the extent permitted by federal law.
203	203	(d) Money in the account may be appropriated only to the
204	204	broadband development office for purposes of:
205	205	(1) administering the broadband development program;
206	206	or
207	207	(2) creating or updating the map described by Section
208	208	490I.0104.
209	209	(e) The account is exempt from the application of Section
210	210	404.071.
211	211	Sec. 490I.0107. RULEMAKING. The comptroller may adopt
212	212	rules as necessary to implement this chapter.
213	213	SECTION 4. (a) Not later than the first anniversary of the
214	214	effective date of this Act, the broadband development office
215	215	established by Section 490I.0102, Government Code, as added by this
216	216	Act, shall prepare a state broadband plan that establishes
217	217	long-term goals for greater access to and adoption of broadband
218	218	service in this state.
219	219	(b) In developing the state broadband plan, the office
220	220	shall:
221	221	(1) collaborate, to the extent possible, with state
222	222	agencies, political subdivisions, broadband industry stakeholders
223	223	and representatives, and community organizations that focus on
224	224	broadband services;
225	225	(2) incorporate the policy recommendations of the
226	226	governor's broadband development council;
227	227	(3) favor policies that are technology-neutral and
228	228	protect all members of the public; and
229	229	(4) explore state and regional approaches to broadband
230	230	development.
231	231	SECTION 5. (a) The broadband development office
232	232	established by Section 490I.0102, Government Code, as added by this
233	233	Act, shall publish the map required by Section 490I.0104,
234	234	Government Code, as added by this Act, on the comptroller's
235	235	Internet website not later than September 1, 2022.
236	236	(b) Not later than January 1, 2022, the office shall publish
237	237	on the comptroller's Internet website:
238	238	(1) a map created by the Federal Communications
239	239	Commission that displays the number of broadband service providers
240	240	that serve each census block; or
241	241	(2) a link to a map described by Subdivision (1) of
242	242	this subsection.
243	243	(c) For the purpose of administering the broadband
244	244	development program established by Section 490I.0105, Government
245	245	Code, as added by this Act, the office shall use a map described by
246	246	Subsection (b) of this section to determine whether an area is
247	247	eligible until the office publishes the map required by Section
248	248	490I.0104, Government Code, as added by this Act.
249	249	SECTION 6. This Act takes effect September 1, 2021.