Texas 2021 - 87th Regular

Texas Senate Bill SB618 Compare Versions

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

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1	1	By: Gutierrez S.B. No. 618
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Texas Telecommunications
7	7	Infrastructure Board.
8	8	Section 1. Subtitle C, Utilities Code, is amended by
9	9	addition new Chapter 67 to read as follows:
10	10	SUBCHAPTER A. GENERAL PROVISIONS
11	11	Sec. 67.001. DEFINITIONS. In this chapter:
12	12	(1) "Board" means the Texas Telecommunications
13	13	Infrastructure Development Board.
14	14	(2) "Executive administrator" means the executive
15	15	administrator of the board.
16	16	(3) "Commission" means the Public Utilities
17	17	Commission.
18	18	Sec. 67.002. SCOPE OF CHAPTER. The powers and duties
19	19	enumerated in this chapter are the general powers and duties of the
20	20	board and those incidental to the conduct of its business. The
21	21	board has other specific powers and duties as prescribed in other
22	22	sections of this code and other laws of this state.
23	23	SUBCHAPTER B. ORGANIZATION OF THE TEXAS TELECOMMUNICATIONS
24	24	INFRASTRUCTURE DEVELOPMENT BOARD
25	25	Sec. 67.011. BOARD AS AGENCY OF STATE. The board is the
26	26	state agency primarily responsible for telecommunications
27	27	infrastructure planning and for administering telecommunications
28	28	infrastructure financing for the state.
29	29	Sec. 67.012. GENERAL DUTIES AND RESPONSIBILITIES. (a) The
30	30	board has general jurisdiction over:
31	31	(1) the development and implementation of a statewide
32	32	telecommunications infrastructure plan;
33	33	(2) the administration of the state's various
34	34	telecommunication assistance and financing programs including
35	35	those created by the constitution;
36	36	(3) creating a complete data set of telecommunications
37	37	infrastructure, including mapping of middle-mile and dark fiber
38	38	infrastructure;
39	39	(4) other areas specifically assigned to the board by
40	40	this code or other law.
41	41	Sec. 67.013. SUNSET PROVISION. The Texas
42	42	Telecommunications Infrastructure Development Board is subject to
43	43	review under Chapter 325, Government Code (Texas Sunset Act), but
44	44	is not abolished under that chapter. The board shall be reviewed
45	45	during the period in which state agencies abolished in 2033 and
46	46	every 12th year after 2023 are reviewed.
47	47	Sec. 67.014. CONSTRUCTION OF TITLE. This title shall be
48	48	liberally construed to allow the board and the executive
49	49	administrator to carry out their powers and duties in an efficient
50	50	and effective manner.
51	51	SUBCHAPTER C. TEXAS TELECOMMUNICATIONS INFRASTRUCTURE DEVELOPMENT
52	52	BOARD
53	53	Sec. 67.051. STATE AGENCY. The Texas Telecommunications
54	54	Infrastructure Development Board is an agency of the state.
55	55	Sec. 67.052. MEMBERS OF THE BOARD; APPOINTMENT. (a) The
56	56	board is composed of three members who are appointed by the governor
57	57	with the advice and consent of the senate. One member must have
58	58	experience in the field of engineering, one member must have
59	59	experience in the field of public or private finance, and one member
60	60	must have experience in the field of law or business.
61	61	(b) The governor shall make the appointments in such a
62	62	manner that the members reflect the diverse geographic regions and
63	63	population groups of this state and do not have any conflicts of
64	64	interest prohibited by state or federal law.
65	65	(c) Appointments to the board shall be made without regard
66	66	to the race, color, disability, sex, religion, age, or national
67	67	origin of the appointees.
68	68	Sec. 67.053. ELIGIBILITY FOR MEMBERSHIP. (a) Members of
69	69	the board must be members of the general public.
70	70	(b) A person is not eligible for appointment to the board if
71	71	the person or the person's spouse:
72	72	(1) is employed by or participates in the management
73	73	of a business entity or other organization regulated by the board or
74	74	receiving funds from the board;
75	75	(2) owns, controls, or has, directly or indirectly,
76	76	more than a 10 percent interest in a business entity or other
77	77	organization regulated by the board or receiving funds from the
78	78	board; or
79	79	(3) uses or receives a substantial amount of tangible
80	80	goods, services, or funds from the board.
81	81	(c) Subsection (b)(1) does not apply to an employee of a
82	82	political subdivision of this state.
83	83	(d) A person is not eligible for appointment to the board if
84	84	the person served on the board on or before January 1, 2013.
85	85	Sec. 67.054. REMOVAL OF BOARD MEMBERS. (a) It is a ground
86	86	for removal from the board that a member:
87	87	(1) does not have at the time of taking office the
88	88	qualifications required for appointment to the board;
89	89	(2) does not maintain during service on the board the
90	90	qualifications required for appointment to the board;
91	91	(3) is ineligible for membership under Sections
92	92	67.053, 67.057, and 67.058;
93	93	(4) cannot, because of illness or disability,
94	94	discharge the member's duties for a substantial part of the member's
95	95	term; or
96	96	(5) is absent from more than half of the regularly
97	97	scheduled board meetings that the member is eligible to attend
98	98	during a calendar year without an excuse approved by a majority vote
99	99	of the board.
100	100	(b) The validity of an action of the board is not affected by
101	101	the fact that it is taken when a ground for removal of a board member
102	102	exists.
103	103	(c) If the executive administrator or a member has knowledge
104	104	that a potential ground for removal exists, the executive
105	105	administrator shall notify the chairman of the board of the
106	106	potential ground. The chairman of the board shall then notify the
107	107	governor and the attorney general that a potential ground for
108	108	removal exists. If the potential ground for removal includes the
109	109	chairman of the board, the executive administrator or another
110	110	member of the board shall notify the member of the board with the
111	111	most seniority, who shall then notify the governor and the attorney
112	112	general that a potential ground for removal exists.
113	113	(d) The governor, with the advice and consent of the senate,
114	114	may remove a board member from office as provided by Section 9,
115	115	Article XV, Texas Constitution.
116	116	Sec. 67.055. OFFICERS OF STATE; OATH. Each member of the
117	117	board is an officer of the state as that term is used in the
118	118	constitution, and each member shall qualify by taking the official
119	119	oath of office.
120	120	Sec. 67.0567. TERMS OF OFFICE. (a) The members of the board
121	121	hold office for staggered terms of six years, with the term of one
122	122	member expiring February 1 of each odd-numbered year. Each member
123	123	holds office until a successor is appointed and has qualified.
124	124	(b) A person appointed to the board may not serve for more
125	125	than two six-year terms.
126	126	Sec. 67.057. CONFLICT OF INTEREST. (a) In this section,
127	127	"Texas trade association" means a cooperative and voluntarily
128	128	joined association of business or professional competitors in this
129	129	state designed to assist its members and its industry or profession
130	130	in dealing with mutual business or professional problems and in
131	131	promoting their common interest.
132	132	(b) A person may not be a member of the board and may not be a
133	133	board employee employed in a "bona fide executive, administrative,
134	134	or professional capacity," as that phrase is used for purposes of
135	135	establishing an exemption to the overtime provisions of the federal
136	136	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
137	137	and its subsequent amendments, if:
138	138	(1) the person is an officer, employee, or paid
139	139	consultant of a Texas trade association in the field of
140	140	telecommunications infrastructure planning or telecommunications
141	141	infrastructure financing; or
142	142	(2) the person's spouse is an officer, employee, or
143	143	paid consultant of a Texas trade association in the field of
144	144	telecommunications infrastructure planning or telecommunications
145	145	infrastructure financing.
146	146	Sec. 67.058. LOBBYIST PROHIBITION. A person may not be a
147	147	member of the board or act as the general counsel to the board if the
148	148	person is required to register as a lobbyist under Chapter 305,
149	149	Government Code, because of the person's activities for
150	150	compensation on behalf of a profession related to the operation of
151	151	the board.
152	152	Sec. 67.059. CHAIRMAN OF THE BOARD. The governor shall
153	153	designate one member as chairman of the board to serve at the will
154	154	of the governor.
155	155	Sec. 67.0670. BOARD MEETINGS. (a) The board shall hold
156	156	regular meetings and all hearings at times specified by a board
157	157	order and entered in its minutes. The board may hold special
158	158	meetings at the times and places in this state that the board
159	159	decides are appropriate for the performance of its duties. The
160	160	chairman of the board or the board member acting for the chairman
161	161	shall give the other members reasonable notice before holding a
162	162	special meeting.
163	163	(b) The chairman shall preside at all meetings of the board.
164	164	The chairman may designate another board member to act for the
165	165	chairman in the chairman's absence.
166	166	(c) A majority of the members constitute a quorum to
167	167	transact business.
168	168	Sec. 67.06701. CONSULTATION REGARDING CERTAIN FINANCIAL
169	169	MATTERS; CLOSED MEETING. (a) The board may hold a closed meeting
170	170	to consider and discuss financial matters related to the investment
171	171	or potential investment of the board's funds.
172	172	(b) A final action, decision, or vote on a matter considered
173	173	or discussed in a closed meeting held under this section must be
174	174	made in an open meeting conducted in compliance with the notice
175	175	provisions of Chapter 551, Government Code.
176	176	Sec. 67.0671. FULL-TIME SERVICE. Each member of the board
177	177	shall serve on a full-time basis.
178	178	Sec. 67.0672. REQUIRED TRAINING FOR BOARD MEMBERS. (a) A
179	179	person who is appointed to and qualifies for office as a member of
180	180	the board may not vote, deliberate, or be counted as a member in
181	181	attendance at a meeting of the board until the person completes a
182	182	training program that complies with this section.
183	183	(b) The training program must provide the person with
184	184	information regarding:
185	185	(1) the legislation that created the board;
186	186	(2) the programs operated by the board;
187	187	(3) the role and functions of the board;
188	188	(4) the rules of the board, with an emphasis on the
189	189	rules that relate to disciplinary and investigatory authority;
190	190	(5) the current budget for the board;
191	191	(67) the results of the most recent formal audit of the
192	192	board;
193	193	(7) the requirements of:
194	194	(A) the open meetings law, Chapter 551,
195	195	Government Code;
196	196	(B) the public information law, Chapter 552,
197	197	Government Code;
198	198	(C) the administrative procedure law, Chapter
199	199	2001, Government Code; and
200	200	(D) other laws relating to public officials,
201	201	including conflict of interest laws; and
202	202	(8) any applicable ethics policies adopted by the
203	203	board or the Texas Ethics Commission.
204	204	(c) A person appointed to the board is entitled to
205	205	reimbursement, as provided by the General Appropriations Act, for
206	206	the travel expenses incurred in attending the training program
207	207	regardless of whether the attendance at the program occurs before
208	208	or after the person qualifies for office.
209	209	SUBCHAPTER D. GENERAL POWERS AND DUTIES OF THE BOARD
210	210	Sec. 67.101. RULES. (a) The board shall adopt rules
211	211	necessary to carry out the powers and duties of the board provided
212	212	by this code and other laws of this state.
213	213	(b) The executive administrator may recommend to the board
214	214	for its consideration rules that he considers necessary to carry
215	215	out the board's powers and duties.
216	216	(c) Rules shall be adopted in the manner provided by Chapter
217	217	2001, Government Code.
218	218	Sec. 67.1011. BUDGET APPROVAL. The board shall examine and
219	219	approve budget recommendations for the board that are to be
220	220	transmitted to the legislature.
221	221	Sec. 67.102. ADVISORY COUNCILS. The board may create and
222	222	consult with any advisory councils that the board considers
223	223	appropriate to carry out its powers and duties. The board shall
224	224	create an advisory on issues surrounding rural broadband service.
225	225	Sec. 67.103. EXECUTIVE ADMINISTRATOR. The board shall
226	226	appoint a person to be the executive administrator to serve at the
227	227	will of the board.
228	228	Sec. 67.104. MEMORANDA OF UNDERSTANDING. The board may
229	229	enter into a memorandum of understanding with any other state
230	230	agency and shall adopt by rule any memorandum of understanding
231	231	between the board and any other state agency.
232	232	Sec. 67.105. PUBLIC TESTIMONY POLICY. The board shall
233	233	develop and implement policies that will provide the public with a
234	234	reasonable opportunity to appear before the board and to speak on
235	235	any issue under the jurisdiction of the board.
236	236	Sec. 67.1067. STANDARDS OF CONDUCT. The executive
237	237	administrator or the executive administrator's designee shall
238	238	provide to members of the board and to agency employees, as often as
239	239	is necessary, information regarding the requirements for office or
240	240	employment under this code, including information regarding a
241	241	person's responsibilities under applicable laws relating to
242	242	standards of conduct for state officers or employees.
243	243	Sec. 67.108. POWER TO PURCHASE INSURANCE. The board may
244	244	purchase for its members, appointees, and employees and pay
245	245	premiums on liability insurance in any amounts and from any
246	246	insurers the board considers advisable.
247	247	Sec. 67.109. LIABILITY. Pursuant to the limited waiver of
248	248	governmental immunity of Chapter 101, Civil Practice and Remedies
249	249	Code (Texas Tort Claims Act), neither a member of the board nor any
250	250	employee of the board is personally liable in the person's private
251	251	capacity for any act performed or for any contract or other
252	252	obligation entered into or undertaken in an official capacity in
253	253	good faith and without intent to defraud, in connection with the
254	254	administration, management, or conduct of the board in its
255	255	business, programs, or other related affairs.
256	256	Sec. 67.111. SEPARATION OF RESPONSIBILITIES. The board
257	257	shall develop and implement policies that clearly separate the
258	258	policy-making responsibilities of the board and the management
259	259	responsibilities of the executive administrator and the staff of
260	260	the board.
261	261	Sec. 67.113. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
262	262	RESOLUTION. (a) The board shall develop and implement a policy to
263	263	encourage the use of:
264	264	(1) negotiated rulemaking procedures under Chapter
265	265	2008, Government Code, for the adoption of board rules; and
266	266	(2) appropriate alternative dispute resolution
267	267	procedures under Chapter 2009, Government Code, to assist in the
268	268	resolution of internal and external disputes under the board's
269	269	jurisdiction.
270	270	(b) The board's procedures relating to alternative dispute
271	271	resolution must conform, to the extent possible, to any model
272	272	guidelines issued by the State Office of Administrative Hearings
273	273	for the use of alternative dispute resolution by state agencies.
274	274	(c) The board shall:
275	275	(1) coordinate the implementation of the policy
276	276	adopted under Subsection (a);
277	277	(2) provide training as needed to implement the
278	278	procedures for negotiated rulemaking or alternative dispute
279	279	resolution; and
280	280	(3) collect data concerning the effectiveness of those
281	281	procedures.
282	282	Sec. 67.114. FINANCIAL ASSISTANCE PROGRAMS: DEFAULT,
283	283	REMEDIES, AND ENFORCEMENT. (a) In this section:
284	284	(1) "Default" means:
285	285	(A) default in payment of the principal of or
286	286	interest on bonds, securities, or other obligations purchased or
287	287	acquired by the board;
288	288	(B) failure to perform any covenant related to a
289	289	bond, security, or other obligation purchased or acquired by the
290	290	board;
291	291	(C) a failure to perform any of the terms of a
292	292	loan, grant, or other financing agreement; or
293	293	(D) any other failure to perform an obligation,
294	294	breach of a term of an agreement, or default as provided by any
295	295	proceeding or agreement evidencing an obligation or agreement of a
296	296	recipient, beneficiary, or guarantor of financial assistance
297	297	provided by the board.
298	298	(2) "Financial assistance program recipient" means a
299	299	recipient or beneficiary of funds administered by the board under
300	300	this code, including a borrower, grantee, guarantor, or other
301	301	beneficiary.
302	302	(b) In the event of a default and on request by the board,
303	303	the attorney general shall seek:
304	304	(1) a writ of mandamus to compel a financial
305	305	assistance program recipient or the financial assistance program
306	306	recipient's officers, agents, and employees to cure the default;
307	307	and
308	308	(2) any other legal or equitable remedy the board and
309	309	the attorney general consider necessary and appropriate.
310	310	(c) A proceeding authorized by this section shall be brought
311	311	and venue is in a district court in Travis County.
312	312	(d) In a proceeding under this section, the attorney general
313	313	may recover reasonable attorney's fees, investigative costs, and
314	314	court costs incurred on behalf of the state in the proceeding in the
315	315	same manner as provided by general law for a private litigant.
316	316	Sec. 67.115. RECEIVERSHIP. (a) In this section,
317	317	"financial assistance program recipient" has the meaning assigned
318	318	by Section 67.114.
319	319	(b) In addition to the remedies available under Section
320	320	67.114, at the request of the board, the attorney general shall
321	321	bring suit in a district court in Travis County for the appointment
322	322	of a receiver to collect the assets and carry on the business of a
323	323	financial assistance program recipient if:
324	324	(1) the action is necessary to cure a default by the
325	325	recipient; and
326	326	(2) the recipient is not:
327	327	(A) a municipality or county; or
328	328	(B) a district or authority created under Section
329	329	52, Article III, or Section 59, Article XVI, Texas Constitution.
330	330	(c) The court shall vest a receiver appointed by the court
331	331	with any power or duty the court finds necessary to cure the
332	332	default, including the power or duty to:
333	333	(1) perform audits;
334	334	(2) raise wholesale or retail telecommunications
335	335	infrastructure rates or other fees;
336	336	(3) fund reserve accounts;
337	337	(4) make payments of the principal of or interest on
338	338	bonds, securities, or other obligations purchased or acquired by
339	339	the board; and
340	340	(5) take any other action necessary to prevent or to
341	341	remedy the default.
342	342	(d) The receiver shall execute a bond in an amount to be set
343	343	by the court to ensure the proper performance of the receiver's
344	344	duties.
345	345	(e) After appointment and execution of bond, the receiver
346	346	shall take possession of the books, records, accounts, and assets
347	347	of the financial assistance program recipient specified by the
348	348	court. Until discharged by the court, the receiver shall perform
349	349	the duties that the court directs and shall strictly observe the
350	350	final order involved.
351	351	(f) On a showing of good cause by the financial assistance
352	352	program recipient, the court may dissolve the receivership.
353	353	SUBCHAPTER E. ADMINISTRATIVE PROVISIONS FOR THE BOARD
354	354	Sec. 67.151. AUDIT. The financial transactions of the
355	355	board are subject to audit by the state auditor in accordance with
356	356	Chapter 321, Government Code.
357	357	Sec. 67.152. PUBLIC INFORMATION RELATING TO BOARD. The
358	358	board shall prepare information of public interest describing the
359	359	functions of the board and describing the board's procedures by
360	360	which complaints are filed with and resolved by the board. The
361	361	board shall make the information available to the general public
362	362	and the appropriate state agencies.
363	363	Sec. 67.153. COPIES OF DOCUMENTS, PROCEEDINGS, ETC. (a)
364	364	Except as otherwise specifically provided in this code and subject
365	365	to the specific limitations provided in this code, on application
366	366	of any person, the board shall furnish certified or other copies of
367	367	any proceeding or other official record or of any map, paper, or
368	368	document filed with the board. A certified copy with the seal of
369	369	the board and the signature of the chairman of the board or the
370	370	executive administrator is admissible as evidence in any court or
371	371	administrative proceeding.
372	372	(b) The board shall provide in its rules the fees that will
373	373	be charged for copies and is authorized to furnish copies,
374	374	certified or otherwise, to a person without charge when the
375	375	furnishing of the copies serves a public purpose. Other statutes
376	376	concerning fees for copies of records do not apply to the board,
377	377	except that the fees set by the board for copies prepared by the
378	378	board shall not exceed those prescribed in Chapter 6703, Government
379	379	Code.
380	380	Sec. 67.154. COMPLAINT FILE. (a) The board shall maintain
381	381	a system to promptly and efficiently act on complaints filed with
382	382	the board. The board shall maintain information about parties to
383	383	the complaint, the subject matter of the complaint, a summary of the
384	384	results of the review or investigation of the complaint, and the
385	385	complaint's disposition.
386	386	(b) The board shall make information available describing
387	387	its procedures for complaint investigation and resolution.
388	388	Sec. 67.155. NOTICE OF COMPLAINT. The board shall
389	389	periodically notify the complaint parties of the status of the
390	390	complaint until final disposition.
391	391	Sec. 67.1555. REFERRAL FOR INVESTIGATION OR ENFORCEMENT
392	392	ACTION. (a) The board, as the result of a complaint filed with the
393	393	board or on the board's own motion, may refer an applicant for or
394	394	recipient of financial assistance from the board to the commission,
395	395	the state auditor's office, the Texas Rangers, or another state
396	396	agency, office, or division, as appropriate, for the investigation
397	397	of, or the initiation of an enforcement action against, the
398	398	applicant or recipient.
399	399	(b) The executive administrator shall transmit the referral
400	400	to the appropriate state agency, office, or division, monitor the
401	401	progress of the investigation or enforcement action, and report to
402	402	the board on a quarterly basis.
403	403	Sec. 67.1567. REPORTS TO GOVERNOR. (a) The board shall
404	404	make biennial reports in writing to the governor and the members of
405	405	the legislature. Each report shall include a statement of the
406	406	activities of the board and its recommendations for necessary and
407	407	desirable legislation.
408	408	(b) The initial report to the Governor must make
409	409	recommendations concerning:
410	410	(1) necessary rural broadband infrastructure;
411	411	(2) an analysis of "back-haul" or "middle-mile" issues
412	412	in rural broadband delivery;
413	413	(3) a model or map of existing middle-mile
414	414	infrastructure;
415	415	(4) an analysis of statewide coordination of
416	416	telecommunications infrastructure; and
417	417	(5) a plan to increase rural adoption and utilization
418	418	of available and future broadband service.
419	419	Sec. 67.157. SEAL. The board shall have a seal bearing the
420	420	words "Texas Telecommunications Infrastructure Development Board"
421	421	encircling the oak and olive branches common to other official
422	422	seals.
423	423	SUBCHAPTER F. EXECUTIVE ADMINISTRATOR
424	424	Sec. 67.181. GENERAL RESPONSIBILITIES. The executive
425	425	administrator shall manage the administrative affairs of the board
426	426	subject to this code and other laws and under the general
427	427	supervision and direction of the board.
428	428	Sec. 67.183. EMPLOYMENT OF PERSONNEL. The executive
429	429	administrator shall employ necessary personnel for the board. The
430	430	executive administrator may delegate powers and duties to deputy
431	431	executive administrators.
432	432	Sec. 67.184. ADMINISTRATIVE ORGANIZATION. The executive
433	433	administrator, with the approval of the board, may organize and
434	434	reorganize the administrative sections and divisions of the board
435	435	in a form and manner that will achieve the greatest efficiency and
436	436	effectiveness.
437	437	Sec. 67.185. INFORMATION REQUEST TO COMMISSION. (a) With
438	438	regard to any matter pending before the board, the executive
439	439	administrator may obtain from the commission information relating
440	440	to that matter.
441	441	(b) On receiving a request from the executive
442	442	administrator, the commission should make the requested
443	443	information available within 30 days after the information is
444	444	requested and shall make the requested information available not
445	445	later than 90 days after the information is requested.
446	446	Sec. 67.1867. CAREER LADDER PROGRAM. The executive
447	447	administrator or his designee shall develop an intra-agency career
448	448	ladder program, one part of which shall require the intra-agency
449	449	posting of all non-entry level positions concurrently with any
450	450	public posting.
451	451	Sec. 67.187. MERIT PAY. The executive administrator or his
452	452	designee shall develop a system of annual performance evaluations
453	453	based on measurable job tasks. All merit pay for board employees
454	454	must be based on the system established under this section.
455	455	Sec. 67.188. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
456	456	executive administrator or the executive administrator's designee
457	457	shall prepare and maintain a written policy statement that
458	458	implements a program of equal employment opportunity to ensure that
459	459	all personnel decisions are made without regard to race, color,
460	460	disability, sex, religion, age, or national origin.
461	461	(b) The policy statement must include:
462	462	(1) personnel policies, including policies relating
463	463	to recruitment, evaluation, selection, training, and promotion of
464	464	personnel, that show the intent of the board to avoid the unlawful
465	465	employment practices described by Chapter 21, Labor Code; and
466	466	(2) an analysis of the extent to which the composition
467	467	of the board's personnel is in accordance with state and federal law
468	468	and a description of reasonable methods to achieve compliance with
469	469	state and federal law.
470	470	(c) The policy statement must:
471	471	(1) be updated annually;
472	472	(2) be reviewed by the state Commission on Human
473	473	Rights for compliance with Subsection (b)(1); and
474	474	(3) be filed with the governor's office.
475	475	Sec. 67.189. APPEARANCES AT HEARINGS. The position of and
476	476	information developed by the board may be presented by the
477	477	executive administrator or his designated representative at
478	478	hearings of the board and commission and at hearings held by
479	479	federal, state, and local agencies on matters affecting the
480	480	public's interest in the state's telecommunications infrastructure
481	481	resources, including matters that have been determined to be
482	482	policies of the state. The board shall be named a party in any
483	483	hearing before the commission in which the board requests party
484	484	status. The board may appeal any ruling, decision, or other act of
485	485	the commission.
486	486	Sec. 67.190. CONTRACTS. (a) The executive administrator,
487	487	on behalf of the board, may negotiate with and, with the consent of
488	488	the board, may enter into contracts with the United States or any of
489	489	its agencies for the purpose of carrying out the powers, duties, and
490	490	responsibilities of the board.
491	491	(b) The executive administrator, on behalf of the board, may
492	492	negotiate with and, with the consent of the board, may enter into
493	493	contracts or other agreements with states and political
494	494	subdivisions of this state or other entity for the purpose of
495	495	carrying out the powers, duties, and responsibilities of the board.
496	496	(c) The executive administrator, on behalf of the board,
497	497	shall obtain the approval of the attorney general as to the legality
498	498	of a resolution of the board authorizing state ownership in a
499	499	project.
500	500	Sec. 67.191. TRAVEL EXPENSES. The executive administrator
501	501	is entitled to receive actual and necessary travel expenses. Other
502	502	employees of the board are entitled to receive travel expenses as
503	503	provided by the General Appropriations Act.
504	504	Sec. 67.192. GIFTS AND GRANTS. The executive administrator
505	505	may apply for, request, solicit, contract for, receive, and accept
506	506	money and other assistance from any source to carry out the powers
507	507	and duties provided by this code.
508	508	Sec. 67.193. EMPLOYEE MOVING EXPENSES. If provided by
509	509	legislative appropriation, the board may pay the costs of
510	510	transporting and delivering household goods and effects of
511	511	employees transferred by the executive administrator from one
512	512	permanent station to another when, in the judgment of the executive
513	513	administrator, the transfer will serve the best interest of the
514	514	state.
515	515	Sec. 67.194. APPLICATIONS AND OTHER DOCUMENTS. (a) An
516	516	application, petition, or other document requiring action of the
517	517	board shall be presented to the executive administrator and handled
518	518	as provided by this code and in the rules of the board.
519	519	(b) After an application, petition, or other document
520	520	requiring action of the board is processed, it shall be presented to
521	521	the board for action as required by law and the rules of the board.
522	522	Sec. 67.195. NOTICE OF APPLICATION. (a) At the time an
523	523	application requiring action of the board is filed and is
524	524	administratively complete, the board shall give notice of the
525	525	application to any person who may be affected by the granting of the
526	526	application.
527	527	(b) The board shall adopt rules for the notice required by
528	528	this section.
529	529	(c) The notice must state:
530	530	(1) the identifying number given the application by
531	531	the board;
532	532	(2) the name and address of the applicant;
533	533	(3) the date on which the application was submitted;
534	534	and
535	535	(4) a brief summary of the information included in the
536	536	application.
537	537	Sec. 677.197. INTELLECTUAL PROPERTY OF BOARD. The
538	538	executive administrator, with the approval of the board and on the
539	539	board's behalf, may:
540	540	(1) acquire, apply for, register, secure, hold,
541	541	protect, and renew under the laws of this state, another state, the
542	542	United States, or any other nation:
543	543	(A) a patent for the invention or discovery of:
544	544	(i) any new and useful process, machine,
545	545	manufacture, composition of matter, art, or method;
546	546	(ii) any new use of a known process,
547	547	machine, manufacture, composition of matter, art, or method; or
548	548	(iii) any new and useful improvement on a
549	549	known process, machine, manufacture, composition of matter, art, or
550	550	method;
551	551	(B) a copyright for an original work of
552	552	authorship fixed in any tangible medium of expression, now known or
553	553	later developed, from which the work may be perceived, reproduced,
554	554	or otherwise communicated, either directly or with the aid of a
555	555	machine or device;
556	556	(C) a trademark, service mark, collective mark,
557	557	or certification mark for a word, name, symbol, device, or slogan
558	558	that the board uses to identify and distinguish the board's goods
559	559	and services from other goods and services; or
560	560	(D) other evidence of protection or exclusivity
561	561	issued for intellectual property;
562	562	(2) contract with a person for the reproduction,
563	563	public performance, display, advertising, marketing, lease,
564	564	licensing, sale, use, or other distribution of the board's
565	565	intellectual property;
566	566	(3) obtain under a contract described by Subdivision
567	567	(2) a royalty, license right, or other appropriate means of
568	568	securing reasonable compensation or thing of nonmonetary value for
569	569	the exercise of rights with respect to the board's intellectual
570	570	property;
571	571	(4) waive, increase, or reduce the amount of
572	572	compensation or thing of nonmonetary value secured by a contract
573	573	under Subdivision (3) if the executive administrator, with the
574	574	approval of the board, determines that the waiver, increase, or
575	575	reduction will:
576	576	(A) further a goal or mission of the board; and
577	577	(B) result in a net benefit to this state; and
578	578	(5) enforce rules adopted to implement this section.
579	579	Sec. 67.198. PURCHASE, DONATION, AND SALE OF PROMOTIONAL
580	580	ITEMS. (a) The executive administrator, with the approval of the
581	581	board and on the board's behalf, may purchase, donate, sell, or
582	582	contract for the sale of items to promote the programs of the board,
583	583	including:
584	584	(1) caps or other clothing;
585	585	(2) posters;
586	586	(3) banners;
587	587	(4) calendars;
588	588	(5) books;
589	589	(67) prints; and
590	590	(7) other items as determined by the board.
591	591	(b) The board may use its Internet website to advertise and
592	592	sell the items described by Subsection (a).
593	593	(c) Money received from the sale of a promotional item under
594	594	this section shall be deposited in the general revenue fund and may
595	595	be used only by the board to further the purposes and programs of
596	596	the board.
597	597	(d) Section 403.095, Government Code, does not apply to
598	598	money deposited in the general revenue fund under this section.
599	599	SUBCHAPTER G. JUDICIAL REVIEW
600	600	Sec. 67.241. JUDICIAL REVIEW OF ACTS. (a) A person
601	601	affected by a ruling, order, decision, or other act of the board may
602	602	file a petition to review, set aside, modify, or suspend the act of
603	603	the board.
604	604	(b) A person affected by a ruling, order, or decision of the
605	605	board must file his petition within 30 days after the effective date
606	606	of the ruling, order, or decision. A person affected by an act
607	607	other than a ruling, order, or decision must file his petition
608	608	within 30 days after the date the board performed the act.
609	609	Sec. 67.242. REMEDY FOR BOARD OR EXECUTIVE ADMINISTRATOR
610	610	INACTION. A person affected by the failure of the board or the
611	611	executive administrator to act in a reasonable time on an
612	612	application or to perform any other duty with reasonable promptness
613	613	may file a petition to compel the board or the executive
614	614	administrator to show cause why it should not be directed by the
615	615	court to take immediate action.
616	616	Sec. 67.243. DILIGENT PROSECUTION OF SUIT. The plaintiff
617	617	shall prosecute with reasonable diligence any suit brought under
618	618	Section 67.241 or 67.242 of this code. If the plaintiff does not
619	619	secure proper service of process or does not prosecute his suit
620	620	within one year after it is filed, the court shall presume that the
621	621	suit has been abandoned. The court shall dismiss the suit on a
622	622	motion for dismissal made by the attorney general unless the
623	623	plaintiff after receiving due notice can show good and sufficient
624	624	cause for the delay.
625	625	Sec. 67.244. VENUE. A suit instituted under Section 67.241
626	626	or 67.242 of this code must be brought in a district court in Travis
627	627	County.
628	628	Sec. 67.245. APPEAL OF DISTRICT COURT JUDGMENT. A judgment
629	629	or order of a district court in a suit brought for or against the
630	630	board or the executive administrator is appealable as are other
631	631	civil cases in which the district court has original jurisdiction.
632	632	Sec. 67.2467. APPEAL BY EXECUTIVE ADMINISTRATOR PRECLUDED.
633	633	A ruling, order, decision, or other act of the board may not be
634	634	appealed by the executive administrator.
635	635	Sec. 67.247. LAW SUITS; CITATION. Law suits filed by and
636	636	against the board or the executive administrator shall be in the
637	637	name of the board. In suits against the board or the executive
638	638	administrator, citation may be served on the executive
639	639	administrator.
640	640	Section 2. This Act takes effect September 1, 2021.