Texas 2025 - 89th Regular

Texas House Bill HB2964 Compare Versions

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11 89R8611 CS-F
22 By: Landgraf H.B. No. 2964
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the provision of broadband service in certain rural
1010 counties.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 490I.0103(c), Government Code, is
1313 amended to read as follows:
1414 (c) This chapter does not grant the comptroller authority to
1515 regulate broadband services or broadband service providers or,
1616 except as required of an applicant or recipient under Section
1717 490I.0106 or 490I.01063, to require broadband service providers to
1818 submit information to the comptroller.
1919 SECTION 2. Section 490I.0106(b), Government Code, is
2020 amended to read as follows:
2121 (b) The office shall establish eligibility and award
2222 criteria for making awards under this section [chapter] for each
2323 applicable notice of funds availability. The comptroller by rule
2424 may prescribe the manner in which the office shall provide notice to
2525 applicants of the applicable criteria. In establishing eligibility
2626 and award criteria, the office shall:
2727 (1) take into consideration grants and other financial
2828 incentives awarded by the federal government for the deployment of
2929 broadband service;
3030 (2) prioritize the applications of applicants that
3131 will expand access to and adoption of broadband service in
3232 designated areas in which the highest percentage of broadband
3333 serviceable locations are unserved or underserved locations;
3434 (3) prioritize the applications of applicants that
3535 will expand access to broadband service in public and private
3636 primary and secondary schools and institutions of higher education;
3737 (4) give preference to an applicant that provided the
3838 information requested by the office under Section 490I.0105 or
3939 490I.01061; and
4040 (5) take into consideration whether an applicant has
4141 forfeited federal funding for defaulting on a project to deploy
4242 qualifying broadband service.
4343 SECTION 3. Chapter 490I, Government Code, is amended by
4444 adding Section 490I.01063 to read as follows:
4545 Sec. 490I.01063. FUNDING FOR CERTAIN RURAL COUNTIES. (a)
4646 In this section:
4747 (1) "Eligible county" means a county with a county
4848 seat that has a population of 5,000 or more but not more than 25,000
4949 that was not selected for the Bringing Online Opportunities to
5050 Texas II program by the broadband development office, and in which
5151 no broadband infrastructure development project has received state
5252 or federal funds.
5353 (2) "Fiber-to-the-premises" means the delivery of
5454 broadband services directly to an individual residential or
5555 commercial premises using fiber-optic cables.
5656 (b) The comptroller shall allocate an amount, not to exceed
5757 $750 million, in the broadband infrastructure fund to be used by the
5858 office to provide grants, low-interest loans, and other financial
5959 incentives for the planning, design, construction, and deployment
6060 of broadband networks in eligible counties to provide
6161 fiber-to-the-premises service to residential or commercial
6262 addresses that are not served by fiber-to-the-premises service
6363 according to the United States Federal Communications Commission's
6464 Broadband Serviceable Location Fabric Data.
6565 (c) The office shall establish guidelines for:
6666 (1) applying for funds;
6767 (2) project approval; and
6868 (3) monitoring broadband deployment.
6969 (d) The office shall prioritize projects that demonstrate:
7070 (1) a plan for providing reliable broadband service to
7171 underserved or unserved areas by deploying a fiber-optic network
7272 with gigabit passive optical network technology;
7373 (2) potential for collaborating with a local
7474 government or private entity that can expedite the construction
7575 process; or
7676 (3) a commitment from a county or private entity to
7777 provide financial or in-kind contributions for a project.
7878 (e) The office shall report to the legislature not later
7979 than December 31 each year:
8080 (1) the total amount of funds distributed under this
8181 section;
8282 (2) a list of eligible counties and projects funded;
8383 (3) the number of eligible addresses that have been
8484 provided fiber-to-the-premises service through funds awarded under
8585 this section; and
8686 (4) any challenges or delays in implementing the
8787 provisions of this section.
8888 (f) The office shall conduct a comprehensive review of the
8989 program established under this section not later than September 1,
9090 2030, to evaluate the program's effectiveness at closing the
9191 broadband access gap in rural counties.
9292 SECTION 4. Section 490I.0108(d), Government Code, is
9393 amended to read as follows:
9494 (d) Money in the account may be appropriated only to the
9595 broadband development office for purposes of:
9696 (1) creating or updating the map described by Section
9797 490I.0105;
9898 (2) administering a [the] broadband development
9999 program under Section 490I.0106 or 490I.01063;
100100 (3) creating or updating the state broadband plan
101101 under Section 490I.0107; or
102102 (4) engaging in outreach to communities regarding the
103103 expansion, adoption, affordability, and use of broadband service
104104 and the programs administered by the office and equipment.
105105 SECTION 5. Section 490I.0110(i), Government Code, is
106106 amended to read as follows:
107107 (i) A person who is professionally affiliated with a person
108108 serving as a member of the board of advisors is not eligible for
109109 funding from a [the] broadband development program under Section
110110 490I.0106 or 490I.01063 if the member is involved in decisions
111111 regarding the award of grants, loans, or other financial incentives
112112 under those sections [that section].
113113 SECTION 6. The broadband development office shall establish
114114 the guidelines required by Section 490I.01063, Government Code, as
115115 added by this Act, not later than April 1, 2026.
116116 SECTION 7. This Act takes effect September 1, 2025.