87R6584 BRG-D
By: Nichols S.B. No. 506
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 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
broadband development office.
SECTION 3. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490I to read as follows:
CHAPTER 490I. 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 broadband development
office is an office within the comptroller's office.
(b) The comptroller may employ additional employees
necessary for the discharge of the duties of the broadband
development office.
(c) The broadband development office:
(1) is under the direction and control of the
comptroller;
(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 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. BROADBAND DEVELOPMENT MAP. (a) The
broadband development office shall create, update annually, and
publish on the comptroller'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.
(b) 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.
(c) Except as provided by Subsection (d), the office shall
use information available from the Federal Communications
Commission to create or update the map.
(d) 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.
(e) Information a broadband service provider reports to the
office under Subsection (d) is confidential and not subject to
disclosure under Chapter 552. The office may not share information
reported under Subsection (d) with a third party or contract with a
third party to collect, analyze, or use information reported under
Subsection (d).
(f) 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 comptroller's Internet website.
(g) Not later than the 45th day after the date that a
broadband provider receives notice under Subsection (f), the
provider shall provide information to the office showing whether
the census block should or should not be redesignated.
(h) Not later than the 75th day after the date that a
broadband provider receives notice under Subsection (f), 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.
(i) 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 (a); and
(2) meets the requirements of Subsection (b).
Sec. 490I.0105. BROADBAND DEVELOPMENT PROGRAM. (a) The
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.0104.
(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.0104;
(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.0106. 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 federal law.
(d) Money in the account may be appropriated only to the
broadband development office for purposes of:
(1) administering the broadband development program;
or
(2) creating or updating the map described by Section
490I.0104.
(e) The account is exempt from the application of Section
404.071.
Sec. 490I.0107. RULEMAKING. The comptroller may adopt
rules as necessary to implement this chapter.
SECTION 4. (a) Not later than the first anniversary of the
effective date of this Act, the 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 5. (a) The broadband development office
established by Section 490I.0102, Government Code, as added by this
Act, shall publish the map required by Section 490I.0104,
Government Code, as added by this Act, on the comptroller's
Internet website not later than September 1, 2022.
(b) Not later than January 1, 2022, the office shall publish
on the comptroller'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.0105, 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.0104, Government Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2021.