| 1 | 1 | | 88R9230 DIO-D |
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| 2 | 2 | | By: Guillen H.B. No. 2697 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of the funding resources awarded by the |
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| 8 | 8 | | broadband development office. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 490I.0103(c), Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) This chapter does not grant the comptroller authority to |
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| 13 | 13 | | regulate broadband services or broadband service providers or, |
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| 14 | 14 | | except as required of an applicant or recipient under Section |
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| 15 | 15 | | 490I.0106, to require broadband service providers to: |
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| 16 | 16 | | (1) submit information to the comptroller; or |
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| 17 | 17 | | (2) comply with best practices for broadband |
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| 18 | 18 | | development. |
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| 19 | 19 | | SECTION 2. Sections 490I.0106(b) and (h), Government Code, |
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| 20 | 20 | | are amended to read as follows: |
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| 21 | 21 | | (b) The office shall establish and publish criteria for |
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| 22 | 22 | | making awards under Subsection (a). The office shall: |
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| 23 | 23 | | (1) take into consideration grants and other financial |
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| 24 | 24 | | incentives awarded by the federal government for the deployment of |
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| 25 | 25 | | broadband service in a designated area; |
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| 26 | 26 | | (2) prioritize the applications of applicants that |
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| 27 | 27 | | will expand access to and adoption of broadband service in eligible |
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| 28 | 28 | | areas in which the lowest percentage of addresses have access to |
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| 29 | 29 | | broadband service; [and] |
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| 30 | 30 | | (3) prioritize the applications of applicants that |
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| 31 | 31 | | will expand access to broadband service in public and private |
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| 32 | 32 | | primary and secondary schools and institutions of higher education; |
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| 33 | 33 | | and |
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| 34 | 34 | | (4) develop best practices for broadband development |
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| 35 | 35 | | and provide the manner in which award recipients must comply with |
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| 36 | 36 | | those best practices. |
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| 37 | 37 | | (h) The office shall establish and publish criteria for |
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| 38 | 38 | | award recipients. The criteria must include requirements that |
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| 39 | 39 | | grants, loans, and other financial incentives awarded through the |
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| 40 | 40 | | program be used only: |
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| 41 | 41 | | (1) for capital expenses, purchase or lease of |
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| 42 | 42 | | property, and other expenses, including backhaul and transport, |
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| 43 | 43 | | that will facilitate the provision or adoption of broadband |
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| 44 | 44 | | service; and |
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| 45 | 45 | | (2) in the manner provided by the office for |
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| 46 | 46 | | compliance with the best practices for broadband development |
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| 47 | 47 | | developed under Subsection (b)(4). |
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| 48 | 48 | | SECTION 3. Section 490I.0106, Government Code, as amended |
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| 49 | 49 | | by this Act, applies only to an application submitted to the |
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| 50 | 50 | | broadband development office on or after the date the office |
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| 51 | 51 | | publishes the best practices for broadband development as provided |
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| 52 | 52 | | by that section. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2023. |
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