88R13431 DIO-F
By: Ashby H.B. No. 9
A BILL TO BE ENTITLED
AN ACT
relating to the development and funding of broadband and
telecommunications services; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 403, Government Code, is amended by
adding Subchapter T to read as follows:
SUBCHAPTER T. TEXAS BROADBAND INFRASTRUCTURE FUND
Sec. 403.601. DEFINITIONS. In this subchapter:
(1) "Broadband Equity, Access, and Deployment
Program" means the federal Broadband Equity, Access, and Deployment
Program established by the Infrastructure Investment and Jobs Act
(Pub. L. No. 117-58).
(2) "Commission" means the Public Utility Commission
of Texas.
(3) "Fund" means the broadband infrastructure fund
established under Section 49-d-16, Article III, Texas
Constitution.
(4) "Office" means the broadband development office
established under Section 490I.0102.
(5) "Universal service fund" means the fund
established under Section 56.021, Utilities Code.
Sec. 403.602. LEGISLATIVE FINDINGS; PUBLIC PURPOSE. The
legislature finds that:
(1) the creation of the fund will meet an imperative
public need and serve the economic, educational, and health care
needs of the state; and
(2) the use of the fund is in furtherance of the public
purpose of expanding and ensuring access to reliable, high-speed
broadband connectivity.
Sec. 403.603. BROADBAND INFRASTRUCTURE FUND. (a) The
broadband infrastructure fund is a special fund in the state
treasury outside the general revenue fund. The fund consists of:
(1) appropriations from the legislature for a purpose
of the fund;
(2) fees or other sources of revenue that the
legislature dedicates for deposit to the fund;
(3) interest earned on money credited to the fund;
(4) depository interest allocable to the fund; and
(5) money from gifts, grants, or donations to the
fund.
(b) The fund shall be administered by the comptroller who,
jointly with the commission, shall determine the use of the money
from the fund in accordance with Subsection (c).
(c) The fund may be used only to:
(1) create or update the map described by Section
490I.0105;
(2) administer the program described by Section
490I.0106;
(3) prepare or update the state broadband plan
described by Section 490I.0107;
(4) engage in outreach to communities regarding the
expansion, adoption, affordability, and use of broadband service
and the programs administered by the office and equipment;
(5) allocate money to fully fund the universal service
fund;
(6) fund the 9-1-1 and the next generation 9-1-1
services under Chapter 771, Health and Safety Code;
(7) deposit money to the credit of the next generation
9-1-1 service fund to be expended as provided by Section 771.0713,
Health and Safety Code;
(8) deposit money to the credit of the broadband pole
replacement fund for expenditure in accordance with Section
403.502, as added by Section 659 (H.B. 1505), Acts of the 87th
Legislature, Regular Session, 2021;
(9) provide matching funds for federal money provided
for the Broadband Equity, Access, and Deployment Program;
(10) support increased connectivity needs for
qualifying schools under the federal Schools and Libraries Program
("E-rate program") as provided by 47 C.F.R. Part 54, Subpart F, or
similar legislation providing federal funding for broadband and
telecommunications initiatives;
(11) improve public safety telecommunications
connectivity, including support for school safety; and
(12) administer and enforce this subchapter.
Sec. 403.604. RULEMAKING. The comptroller shall adopt
rules as necessary to administer this subchapter.
SECTION 2. Section 771.071, Health and Safety Code, is
amended by adding Subsection (h) to read as follows:
(h) Notwithstanding any other law, the commission shall
suspend the imposition of the fee under this section during the
period in which funding of the 9-1-1 emergency service is being
provided under Section 403.603, Government Code, from the broadband
infrastructure fund.
SECTION 3. Section 771.0711, Health and Safety Code, is
amended by adding Subsection (k) to read as follows:
(k) Notwithstanding any other law, the commission shall
suspend the imposition of the fee under this section during the
period in which funding for the automatic number identification and
automatic location identification of wireless 9-1-1 calls is being
provided under Section 403.603, Government Code, from the broadband
infrastructure fund.
SECTION 4. Section 771.0712, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) Notwithstanding any other law, the comptroller shall
suspend the imposition of the fee under this section during the
period in which funding for the prepaid wireless 9-1-1 emergency
service is being provided under Section 403.603, Government Code,
from the broadband infrastructure fund.
SECTION 5. Section 771.072, Health and Safety Code, is
amended by adding Subsection (h) to read as follows:
(h) Notwithstanding any other law, the commission shall
suspend the imposition of the surcharge under this section during
the period in which funding for the services described by Sections
771.071 and 771.0711 is being provided under Section 403.603,
Government Code, by the broadband infrastructure fund.
SECTION 6. Section 56.022, Utilities Code, is repealed.
SECTION 7. (a) On January 1, 2024, there is appropriated to
the comptroller of public accounts from the economic stabilization
fund the amount of $5 billion for the purpose of immediately
depositing that amount to the credit of the broadband
infrastructure fund.
(b) The comptroller of public accounts shall deposit the
money appropriated by Subsection (a) of this section not later than
the 30th day after the effective date of this Act.
SECTION 8. This Act takes effect January 1, 2024, if the
constitutional amendment proposed by the 88th Legislature, Regular
Session, 2023, creating the broadband infrastructure fund to assist
in the financing of broadband and telecommunications services
projects in the state takes effect. If that amendment is not
approved by the voters, this Act has no effect.