| 4 | 6 | | AN ACT |
|---|
| 5 | 7 | | relating to provision of broadband infrastructure and connectivity |
|---|
| 6 | 8 | | by the Lower Colorado River Authority. |
|---|
| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 10 | | SECTION 1. Chapter 8503, Special District Local Laws Code, |
|---|
| 9 | 11 | | is amended by adding Section 8503.032 to read as follows: |
|---|
| 10 | 12 | | Sec. 8503.032. BROADBAND SERVICE INFRASTRUCTURE AND |
|---|
| 11 | 13 | | CONNECTIVITY. (a) In this section, "broadband service" means |
|---|
| 12 | 14 | | advanced telecommunications capability and Internet access. |
|---|
| 13 | 15 | | (b) The authority may provide fiber capacity or facilities |
|---|
| 14 | 16 | | for the purpose of facilitating broadband service connectivity. |
|---|
| 15 | 17 | | (c) The authority may not provide broadband service to a |
|---|
| 16 | 18 | | retail customer. |
|---|
| 17 | 19 | | (d) Notwithstanding any other law, Subtitle C, Title 2, |
|---|
| 18 | 20 | | Utilities Code, does not apply to the authority. |
|---|
| 19 | 21 | | (e) The authority may provide fiber capacity or facilities |
|---|
| 20 | 22 | | only on reasonable and nondiscriminatory terms and conditions. |
|---|
| 21 | 23 | | (f) The authority may not agree to lease fiber capacity or |
|---|
| 22 | 24 | | facilities to a municipality for the purpose of facilitating |
|---|
| 23 | 25 | | broadband service connectivity, other than for communications |
|---|
| 24 | 26 | | regarding utility operations, unless the authority: |
|---|
| 25 | 27 | | (1) posts on the authority's Internet website |
|---|
| 26 | 28 | | information concerning the proposal to lease the capacity or |
|---|
| 27 | 29 | | facilities to the municipality not less than 90 days before |
|---|
| 28 | 30 | | entering into the lease agreement with the municipality; and |
|---|
| 29 | 31 | | (2) for the 90-day period beginning on the date that |
|---|
| 30 | 32 | | the authority posts information under Subdivision (1), makes the |
|---|
| 31 | 33 | | capacity or facilities available for lease to any commercial |
|---|
| 32 | 34 | | broadband provider that provides broadband services in the |
|---|
| 33 | 35 | | municipality, on the authority's standard terms and conditions. |
|---|
| 34 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 35 | 37 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 36 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 37 | 39 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 38 | 40 | | Act takes effect September 1, 2021. |
|---|
| 39 | | - | ______________________________ ______________________________ |
|---|
| 40 | | - | President of the Senate Speaker of the House |
|---|
| 41 | | - | I hereby certify that S.B. No. 632 passed the Senate on |
|---|
| 42 | | - | April 6, 2021, by the following vote: Yeas 31, Nays 0. |
|---|
| 43 | | - | ______________________________ |
|---|
| 44 | | - | Secretary of the Senate |
|---|
| 45 | | - | I hereby certify that S.B. No. 632 passed the House on |
|---|
| 46 | | - | April 15, 2021, by the following vote: Yeas 144, Nays 0, one |
|---|
| 47 | | - | present not voting. |
|---|
| 48 | | - | ______________________________ |
|---|
| 49 | | - | Chief Clerk of the House |
|---|
| 50 | | - | Approved: |
|---|
| 51 | | - | ______________________________ |
|---|
| 52 | | - | Date |
|---|
| 53 | | - | ______________________________ |
|---|
| 54 | | - | Governor |
|---|