Texas 2023 - 88th Regular

Texas House Bill HB2662 Compare Versions

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1	1	88R19978 DIO-F
2	2	By: Ashby, Anderson, Rose, Bailes, Clardy, H.B. No. 2662
3	3	et al.
4	4	Substitute the following for H.B. No. 2662:
5	5	By: Anchía C.S.H.B. No. 2662
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to broadband development.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 490I.0101(a) and (b), Government Code,
13	13	are amended to read as follows:
14	14	(a) For purposes of this chapter, subject to Subsection (b),
15	15	"broadband service" means Internet service with the capability of
16	16	providing a:
17	17	(1) [a download] speed of not less than 25 megabits per
18	18	second for a download [or faster]; [and]
19	19	(2) [an upload] speed of not less than three megabits
20	20	per second for an upload; and
21	21	(3) network round-trip latency of less than or equal
22	22	to 100 milliseconds based on the 95th percentile of speed
23	23	measurements [or faster].
24	24	(b) If the Federal Communications Commission adopts
25	25	standards [upload or download threshold speeds] for advanced
26	26	telecommunications capability under 47 U.S.C. Section 1302 that are
27	27	different than those specified by Subsection (a), the comptroller
28	28	by rule may require Internet service to be capable of matching the
29	29	[providing download or upload speeds that match that] federal
30	30	standards [threshold] in order to qualify under this chapter as
31	31	"broadband service."
32	32	SECTION 2. Sections 490I.0105(a), (b), (c), (d), (f), (k),
33	33	(l), (n), (o), and (p), Government Code, are amended to read as
34	34	follows:
35	35	(a) The broadband development office shall create, update
36	36	annually, and publish on the comptroller's Internet website a map
37	37	classifying each broadband serviceable location [designated area]
38	38	in this state as:
39	39	(1) an unserved location [eligible area,] if[:
40	40	[(A) fewer than 80 percent of the addresses in]
41	41	the location does not [designated area] have access to reliable
42	42	broadband service capable of providing the speeds described by
43	43	Section 490I.0101(a); [and
44	44	[(B) the federal government has not awarded
45	45	funding under a competitive process to support the deployment of
46	46	broadband service to addresses in the designated area; or]
47	47	(2) an underserved location [ineligible area,] if the
48	48	location is not an unserved location but does not[:
49	49	[(A) 80 percent or more of the addresses in the
50	50	designated area] have access to reliable broadband service with the
51	51	capability of providing:
52	52	(A) a speed of not less than 100 megabits per
53	53	second for a download;
54	54	(B) a speed of not less than 20 megabits per
55	55	second for an upload; and
56	56	(C) a network round-trip latency of less than or
57	57	equal to 100 milliseconds based on the 95th percentile of speed
58	58	measurements; or
59	59	(3) a served location if the location is neither an
60	60	unserved nor an underserved location [(B) the federal government
61	61	has awarded funding under a competitive process to support the
62	62	deployment of broadband service to addresses in the designated
63	63	area].
64	64	(b) The comptroller by rule may establish new threshold
65	65	speeds for a location to qualify as an underserved location if the
66	66	comptroller has required Internet service to be capable of matching
67	67	federal standards to qualify as broadband service under Section
68	68	490I.0101(b) [determine the scope of a designated area under
69	69	Subsection (a)].
70	70	(c) After creation of the initial map described in
71	71	Subsection (a), the office may evaluate the usefulness of the
72	72	standards for unserved and underserved locations [eligible and
73	73	ineligible areas] outlined in Subsection (a) and, if appropriate,
74	74	make a recommendation to the legislature to revise the standards.
75	75	(d) The map required by Subsection (a) must organize
76	76	broadband serviceable locations into designated areas and display
77	77	for each area:
78	78	(1) the number of broadband service providers that
79	79	serve the [each designated] area;
80	80	(2) [for each eligible area,] an indication of whether
81	81	the area has access to Internet service that is not broadband
82	82	service, regardless of the technology used to provide the service;
83	83	[and]
84	84	(3) each public school campus [in this state] with an
85	85	indication of whether the public school campus has access to
86	86	broadband service; and
87	87	(4) the number and percentage of unserved,
88	88	underserved, and served locations within the area.
89	89	(f) Except as provided by Subsection (g), the office shall
90	90	use the best available data, including information available from
91	91	the Federal Communications Commission, to create or update the map.
92	92	(k) A person who contracts under Subsection (i) may not
93	93	provide services in this state to [for] a broadband provider [in
94	94	this state] before the second anniversary of the last day the
95	95	contract is in effect.
96	96	(l) The office shall establish criteria for determining
97	97	whether a broadband serviceable location [designated area] should
98	98	be reclassified as an unserved or underserved location [eligible
99	99	area or an ineligible area]. The criteria must include an
100	100	evaluation of Internet speed test and reliability data [and
101	101	information on end user addresses. The criteria may also include
102	102	community surveys regarding the reliability of Internet service,
103	103	where available].
104	104	(n) A broadband service provider or political subdivision
105	105	may petition the office to reclassify a broadband serviceable
106	106	location [designated area on the map as an eligible area or
107	107	ineligible area]. The office shall provide notice of each accepted
108	108	[the] petition to each affected broadband service provider and
109	109	political subdivision by posting [that provides broadband service
110	110	to the designated area and post] notice of the petition on the
111	111	comptroller's Internet website.
112	112	(o) Not later than the 45th day after the date that the
113	113	office posts [a broadband provider receives] notice under
114	114	Subsection (n), each affected broadband service [the] provider or
115	115	political subdivision may [shall] provide information to the office
116	116	showing whether the broadband serviceable location [designated
117	117	area] should or should not be reclassified.
118	118	(p) Not later than the 75th day after the date that the
119	119	office posts the [a broadband provider receives] notice under
120	120	Subsection (n), the office shall determine whether to reclassify
121	121	the broadband serviceable location [designated area] on the map and
122	122	update the map as necessary. A determination made by the office
123	123	under this subsection is not a contested case for purposes of
124	124	Chapter 2001.
125	125	SECTION 3. Section 490I.0106, Government Code, is amended
126	126	to read as follows:
127	127	Sec. 490I.0106. BROADBAND DEVELOPMENT PROGRAM. (a) The
128	128	broadband development office shall establish a program to award
129	129	grants, low-interest loans, and other financial incentives to
130	130	applicants for the purpose of expanding access to and adoption of
131	131	broadband service [in designated areas determined to be eligible
132	132	areas by the office under Section 490I.0105].
133	133	(a-1) The office may award grants, low-interest loans, and
134	134	other financial incentives to applicants for eligible broadband
135	135	infrastructure projects designed to provide qualifying broadband
136	136	service to unserved and underserved locations. For the purposes of
137	137	this subsection, an eligible broadband infrastructure project
138	138	includes a project in which not less than 80 percent of the
139	139	broadband serviceable locations to be served by the project are
140	140	unserved and underserved locations.
141	141	(a-2) The office may award grants, low-interest loans, and
142	142	other financial incentives to applicants for middle-mile broadband
143	143	infrastructure projects.
144	144	(a-3) The office may award grants, low-interest loans, and
145	145	other financial incentives to applicants for projects not involving
146	146	the deployment of broadband infrastructure that expand the
147	147	accessibility, affordability, or adoption of broadband service,
148	148	including education, training, community outreach, remote learning
149	149	or telehealth facilities, equipment purchases, or any other use
150	150	permitted by the applicable funding source.
151	151	(b) The office shall establish eligibility and award [and
152	152	publish] criteria for making awards under this chapter for each
153	153	applicable notice of funds availability. The comptroller by rule
154	154	may prescribe the manner in which the office shall provide notice to
155	155	applicants of the applicable criteria [Subsection (a)]. In
156	156	establishing eligibility and award criteria, the [The] office
157	157	shall:
158	158	(1) take into consideration grants and other financial
159	159	incentives awarded by the federal government for the deployment of
160	160	broadband service [in a designated area];
161	161	(2) prioritize the applications of applicants that
162	162	will expand access to and adoption of broadband service in
163	163	designated [eligible] areas in which the highest [lowest]
164	164	percentage of broadband serviceable locations are unserved or
165	165	underserved locations; [addresses have access to broadband
166	166	service; and]
167	167	(3) prioritize the applications of applicants that
168	168	will expand access to broadband service in public and private
169	169	primary and secondary schools and institutions of higher education;
170	170	(4) give preference to an applicant that provided the
171	171	information requested by the office under Section 490I.0105 or
172	172	490I.01061; and
173	173	(5) take into consideration whether an applicant has
174	174	forfeited federal funding for defaulting on a project to deploy
175	175	qualifying broadband service.
176	176	(c) Notwithstanding Subsection (b)(2), the office may
177	177	establish criteria that take into account a cost benefit analysis
178	178	for awarding money to the [eligible] areas described by that
179	179	subdivision.
180	180	(d) The office may not:
181	181	(1) favor a particular broadband technology in
182	182	awarding grants, loans, or other financial incentives;
183	183	(2) [award grants, loans, or other financial
184	184	incentives to a broadband provider that does not report information
185	185	requested by the office under Section 490I.0105;
186	186	[(3)] award a grant, loan, or other financial
187	187	incentive to a noncommercial provider of broadband service for a
188	188	broadband serviceable location [an eligible area] if an eligible
189	189	[a] commercial provider of broadband service has submitted an
190	190	application for the same location; [eligible area; or]
191	191	(3) [(4)] take into consideration distributions from
192	192	the state universal service fund established under Section 56.021,
193	193	Utilities Code, when deciding to award grants, loans, or other
194	194	financial incentives; or
195	195	(4) except as provided by Section 490I.01061, award a
196	196	grant, loan, or other financial incentive for deployment of
197	197	last-mile broadband service for a location that is subject to a
198	198	federal commitment to deploy qualifying broadband service on the
199	199	date the application is submitted or during the application
200	200	process.
201	201	(e) The office shall:
202	202	(1) post on the comptroller's Internet website
203	203	information about the application process and the receipt of awards
204	204	and shall update that information as necessary; and
205	205	(2) post on the comptroller's Internet website for at
206	206	least 30 days information from each accepted application, including
207	207	the applicant's name, the area targeted for expanded broadband
208	208	service access or adoption by the application, and any other
209	209	information the office considers relevant or necessary[, for a
210	210	period of at least 30 days before the office makes a decision on the
211	211	application].
212	212	(f) During the 30-day posting period described by
213	213	Subsection (e) for an application, the office shall accept from any
214	214	interested party, other than a broadband service provider that does
215	215	not report information requested by the office under Section
216	216	490I.0105 or 490I.01061, a written protest of the application
217	217	relating to whether the applicant or project is eligible for an
218	218	award or should not receive an award based on the criteria
219	219	prescribed by the office.
220	220	(g) Notwithstanding any deadline for submitting an
221	221	application, if the office upholds a protest submitted under
222	222	Subsection (f) on the grounds that one or more of the broadband
223	223	serviceable locations are not eligible to receive funding under
224	224	this chapter [addresses in an eligible area subject to the
225	225	application have access to broadband service], the applicant may
226	226	resubmit the application without the challenged locations
227	227	[addresses] not later than 30 days after the date that the office
228	228	upheld the protest.
229	229	(h) The office shall establish and publish criteria for
230	230	award recipients. The criteria must include requirements that
231	231	grants, loans, and other financial incentives awarded through the
232	232	program for the deployment of broadband infrastructure may be used
233	233	only for capital expenses, purchase or lease of property, and other
234	234	expenses, including backhaul and transport, that will facilitate
235	235	the provision or adoption of broadband service.
236	236	(i) An award granted under this section does not affect the
237	237	eligibility of a telecommunications provider to receive support
238	238	from the state universal service fund under Section 56.021,
239	239	Utilities Code.
240	240	SECTION 4. Chapter 490I, Government Code, is amended by
241	241	adding Section 490I.01061 to read as follows:
242	242	Sec. 490I.01061. EXISTING FEDERAL FUNDING; REPORTING
243	243	REQUIREMENTS. (a) The broadband development office may award a
244	244	grant, loan, or other financial incentive for deployment of
245	245	last-mile broadband service for a location that is subject to a
246	246	federal commitment to deploy qualifying broadband service if:
247	247	(1) federal funding is forfeited or the recipient of
248	248	the federal funding is disqualified from receiving the funding; and
249	249	(2) the location otherwise may receive funding under
250	250	the program.
251	251	(b) An applicant for an award under this chapter that has
252	252	been awarded federal funding directly and has entered into an
253	253	enforceable commitment to deploy broadband services in a location
254	254	shall provide to the office information the office may require
255	255	regarding:
256	256	(1) the existing enforceable commitment; and
257	257	(2) the proposed deployment of broadband.
258	258	SECTION 5. Section 490I.0107(b), Government Code, is
259	259	amended to read as follows:
260	260	(b) In developing the state broadband plan, the office
261	261	shall:
262	262	(1) to the extent possible, collaborate with state
263	263	agencies, political subdivisions, broadband industry stakeholders
264	264	and representatives, and community organizations that focus on
265	265	broadband services and technology access;
266	266	(2) [consider the policy recommendations of the
267	267	governor's broadband development council;
268	268	[(3)] favor policies that are technology-neutral and
269	269	protect all members of the public;
270	270	(3) [(4)] explore state and regional approaches to
271	271	broadband development; and
272	272	(4) [(5)] examine broadband service needs related
273	273	to:
274	274	(A) public safety, including the needs of state
275	275	agencies involved in the administration of criminal justice, as
276	276	that term is defined by Article 66.001, Code of Criminal Procedure;
277	277	(B) public education and state and local
278	278	education agencies, including any agency involved in the electronic
279	279	administration of an assessment instrument required under Section
280	280	39.023, Education Code; and
281	281	(C) public health, including the needs of state
282	282	agencies involved in the administration of public health
283	283	initiatives such as the Health and Human Services Commission and
284	284	the Department of State Health Services.
285	285	SECTION 6. Sections 490I.0110(b) and (h), Government Code,
286	286	are amended to read as follows:
287	287	(b) The broadband development office board of advisors is
288	288	composed of 10 members, appointed as follows:
289	289	(1) two members appointed by the governor, including:
290	290	(A) one member to represent the Texas Economic
291	291	Development and Tourism Office; and
292	292	(B) one member of the public with experience in
293	293	telecommunications or [to represent nonprofit corporations that
294	294	work on the expansion, adoption, affordability, and use of]
295	295	broadband service;
296	296	(2) three members appointed by the lieutenant
297	297	governor, including:
298	298	(A) one member who resides in an urban area;
299	299	(B) one member to represent the public primary
300	300	and secondary education community; and
301	301	(C) one member who resides in a county that:
302	302	(i) is adjacent to an international border;
303	303	(ii) is located not more than 150 miles from
304	304	the Gulf of Mexico; and
305	305	(iii) has a population of more than 60,000;
306	306	(3) three members appointed by the speaker of the
307	307	house of representatives, including:
308	308	(A) one member who resides in a rural area;
309	309	(B) one member to represent the health and
310	310	telemedicine industry; and
311	311	(C) one member to represent the public higher
312	312	education community;
313	313	(4) the comptroller or the comptroller's designee; and
314	314	(5) one nonvoting member appointed by the broadband
315	315	development office to represent the office.
316	316	(h) The [Beginning one year after the effective date of the
317	317	Act enacting this chapter, the] board of advisors shall meet at
318	318	least semiannually [once every other month] with representatives
319	319	from the broadband development office for the purpose of advising
320	320	the work of the office in implementing the provisions of this
321	321	chapter.
322	322	SECTION 7. The following provisions of the Government Code
323	323	are repealed:
324	324	(1) Section 490I.0101(c); and
325	325	(2) Section 490I.0105(m).
326	326	SECTION 8. This Act takes effect immediately if it receives
327	327	a vote of two-thirds of all the members elected to each house, as
328	328	provided by Section 39, Article III, Texas Constitution. If this
329	329	Act does not receive the vote necessary for immediate effect, this
330	330	Act takes effect September 1, 2023.