1 | 1 | | 89R8611 CS-F |
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2 | 2 | | By: Landgraf H.B. No. 2964 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of broadband service in certain rural |
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10 | 10 | | counties. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 490I.0103(c), Government Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (c) This chapter does not grant the comptroller authority to |
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15 | 15 | | regulate broadband services or broadband service providers or, |
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16 | 16 | | except as required of an applicant or recipient under Section |
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17 | 17 | | 490I.0106 or 490I.01063, to require broadband service providers to |
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18 | 18 | | submit information to the comptroller. |
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19 | 19 | | SECTION 2. Section 490I.0106(b), Government Code, is |
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20 | 20 | | amended to read as follows: |
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21 | 21 | | (b) The office shall establish eligibility and award |
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22 | 22 | | criteria for making awards under this section [chapter] for each |
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23 | 23 | | applicable notice of funds availability. The comptroller by rule |
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24 | 24 | | may prescribe the manner in which the office shall provide notice to |
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25 | 25 | | applicants of the applicable criteria. In establishing eligibility |
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26 | 26 | | and award criteria, the office shall: |
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27 | 27 | | (1) take into consideration grants and other financial |
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28 | 28 | | incentives awarded by the federal government for the deployment of |
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29 | 29 | | broadband service; |
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30 | 30 | | (2) prioritize the applications of applicants that |
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31 | 31 | | will expand access to and adoption of broadband service in |
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32 | 32 | | designated areas in which the highest percentage of broadband |
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33 | 33 | | serviceable locations are unserved or underserved locations; |
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34 | 34 | | (3) prioritize the applications of applicants that |
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35 | 35 | | will expand access to broadband service in public and private |
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36 | 36 | | primary and secondary schools and institutions of higher education; |
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37 | 37 | | (4) give preference to an applicant that provided the |
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38 | 38 | | information requested by the office under Section 490I.0105 or |
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39 | 39 | | 490I.01061; and |
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40 | 40 | | (5) take into consideration whether an applicant has |
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41 | 41 | | forfeited federal funding for defaulting on a project to deploy |
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42 | 42 | | qualifying broadband service. |
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43 | 43 | | SECTION 3. Chapter 490I, Government Code, is amended by |
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44 | 44 | | adding Section 490I.01063 to read as follows: |
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45 | 45 | | Sec. 490I.01063. FUNDING FOR CERTAIN RURAL COUNTIES. (a) |
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46 | 46 | | In this section: |
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47 | 47 | | (1) "Eligible county" means a county with a county |
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48 | 48 | | seat that has a population of 5,000 or more but not more than 25,000 |
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49 | 49 | | that was not selected for the Bringing Online Opportunities to |
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50 | 50 | | Texas II program by the broadband development office, and in which |
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51 | 51 | | no broadband infrastructure development project has received state |
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52 | 52 | | or federal funds. |
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53 | 53 | | (2) "Fiber-to-the-premises" means the delivery of |
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54 | 54 | | broadband services directly to an individual residential or |
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55 | 55 | | commercial premises using fiber-optic cables. |
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56 | 56 | | (b) The comptroller shall allocate an amount, not to exceed |
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57 | 57 | | $750 million, in the broadband infrastructure fund to be used by the |
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58 | 58 | | office to provide grants, low-interest loans, and other financial |
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59 | 59 | | incentives for the planning, design, construction, and deployment |
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60 | 60 | | of broadband networks in eligible counties to provide |
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61 | 61 | | fiber-to-the-premises service to residential or commercial |
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62 | 62 | | addresses that are not served by fiber-to-the-premises service |
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63 | 63 | | according to the United States Federal Communications Commission's |
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64 | 64 | | Broadband Serviceable Location Fabric Data. |
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65 | 65 | | (c) The office shall establish guidelines for: |
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66 | 66 | | (1) applying for funds; |
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67 | 67 | | (2) project approval; and |
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68 | 68 | | (3) monitoring broadband deployment. |
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69 | 69 | | (d) The office shall prioritize projects that demonstrate: |
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70 | 70 | | (1) a plan for providing reliable broadband service to |
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71 | 71 | | underserved or unserved areas by deploying a fiber-optic network |
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72 | 72 | | with gigabit passive optical network technology; |
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73 | 73 | | (2) potential for collaborating with a local |
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74 | 74 | | government or private entity that can expedite the construction |
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75 | 75 | | process; or |
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76 | 76 | | (3) a commitment from a county or private entity to |
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77 | 77 | | provide financial or in-kind contributions for a project. |
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78 | 78 | | (e) The office shall report to the legislature not later |
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79 | 79 | | than December 31 each year: |
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80 | 80 | | (1) the total amount of funds distributed under this |
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81 | 81 | | section; |
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82 | 82 | | (2) a list of eligible counties and projects funded; |
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83 | 83 | | (3) the number of eligible addresses that have been |
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84 | 84 | | provided fiber-to-the-premises service through funds awarded under |
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85 | 85 | | this section; and |
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86 | 86 | | (4) any challenges or delays in implementing the |
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87 | 87 | | provisions of this section. |
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88 | 88 | | (f) The office shall conduct a comprehensive review of the |
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89 | 89 | | program established under this section not later than September 1, |
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90 | 90 | | 2030, to evaluate the program's effectiveness at closing the |
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91 | 91 | | broadband access gap in rural counties. |
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92 | 92 | | SECTION 4. Section 490I.0108(d), Government Code, is |
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93 | 93 | | amended to read as follows: |
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94 | 94 | | (d) Money in the account may be appropriated only to the |
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95 | 95 | | broadband development office for purposes of: |
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96 | 96 | | (1) creating or updating the map described by Section |
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97 | 97 | | 490I.0105; |
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98 | 98 | | (2) administering a [the] broadband development |
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99 | 99 | | program under Section 490I.0106 or 490I.01063; |
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100 | 100 | | (3) creating or updating the state broadband plan |
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101 | 101 | | under Section 490I.0107; or |
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102 | 102 | | (4) engaging in outreach to communities regarding the |
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103 | 103 | | expansion, adoption, affordability, and use of broadband service |
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104 | 104 | | and the programs administered by the office and equipment. |
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105 | 105 | | SECTION 5. Section 490I.0110(i), Government Code, is |
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106 | 106 | | amended to read as follows: |
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107 | 107 | | (i) A person who is professionally affiliated with a person |
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108 | 108 | | serving as a member of the board of advisors is not eligible for |
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109 | 109 | | funding from a [the] broadband development program under Section |
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110 | 110 | | 490I.0106 or 490I.01063 if the member is involved in decisions |
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111 | 111 | | regarding the award of grants, loans, or other financial incentives |
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112 | 112 | | under those sections [that section]. |
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113 | 113 | | SECTION 6. The broadband development office shall establish |
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114 | 114 | | the guidelines required by Section 490I.01063, Government Code, as |
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115 | 115 | | added by this Act, not later than April 1, 2026. |
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116 | 116 | | SECTION 7. This Act takes effect September 1, 2025. |
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