Texas 2025 - 89th Regular

Texas Senate Bill SB1897 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4414 CS-F
2	2	By: Hughes S.B. No. 1897
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to advanced communications infrastructure security;
10	10	authorizing a fee; providing administrative penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 2, Utilities Code, is amended
13	13	by adding Chapter 67 to read as follows:
14	14	CHAPTER 67. ADVANCED COMMUNICATIONS INFRASTRUCTURE SECURITY
15	15	Sec. 67.001. DEFINITIONS. In this chapter:
16	16	(1) "Advanced communications infrastructure" means
17	17	physical infrastructure or equipment used to provide advanced
18	18	communications service.
19	19	(2) "Advanced communications service" means:
20	20	(A) advanced telecommunications capability, as
21	21	defined by 47 U.S.C. Section 1302; or
22	22	(B) any other telecommunications capability
23	23	that:
24	24	(i) permits end users to engage in
25	25	communications; and
26	26	(ii) is designated by the commission by
27	27	rule as an advanced communications service for the purposes of this
28	28	chapter.
29	29	(3) "Advanced communications service provider" means
30	30	a person who provides advanced communications service to customers
31	31	in this state.
32	32	(4) "Company" has the meaning assigned by Section
33	33	117.001, Business & Commerce Code.
34	34	(5) "Federally banned company" means a company that
35	35	produces or provides communications equipment or services listed as
36	36	of September 1, 2025, on the covered list published by the Public
37	37	Safety and Homeland Security Bureau of the Federal Communications
38	38	Commission, as required by 47 C.F.R. Section 1.50002.
39	39	Sec. 67.002. ADVANCED COMMUNICATIONS INFRASTRUCTURE. (a)
40	40	An advanced communications service provider may not construct
41	41	advanced communications infrastructure after August 31, 2025, that
42	42	includes any equipment produced or provided by a federally banned
43	43	company.
44	44	(b) An advanced communications service provider that
45	45	operates advanced communications infrastructure installed before
46	46	September 1, 2025, that was produced or provided by a federally
47	47	banned company shall disable and remove the infrastructure as soon
48	48	as possible after September 1, 2025. The advanced communications
49	49	service provider is not required to apply for any applicable state
50	50	or local permit to replace the removed advanced communications
51	51	infrastructure if:
52	52	(1) the provider notifies the relevant state agency or
53	53	local entity of the replacement; and
54	54	(2) the replacement infrastructure is similar to the
55	55	removed infrastructure.
56	56	Sec. 67.003. REGISTRATION WITH COMMISSION. (a) An
57	57	advanced communications service provider that uses advanced
58	58	communications infrastructure produced or provided by a federally
59	59	banned company shall register with the commission annually.
60	60	(b) Each registered advanced communications service
61	61	provider shall:
62	62	(1) pay to the commission an annual registration fee
63	63	prescribed by the commission in an amount sufficient to cover the
64	64	cost of administering the registration program; and
65	65	(2) maintain on file with the commission the following
66	66	information:
67	67	(A) the name, address, telephone number, and
68	68	e-mail address of an employee of the provider with managerial
69	69	responsibility for the provider's operations in this state;
70	70	(B) the geographic coordinates of the areas
71	71	served by any advanced communications infrastructure required to be
72	72	replaced by the provider under Section 67.002; and
73	73	(C) whether the advanced communications service
74	74	provider is a participant in the federal Secure and Trusted
75	75	Communications Networks Reimbursement Program.
76	76	Sec. 67.004. REQUIREMENTS FOR PARTICIPANT IN SECURE AND
77	77	TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM. An
78	78	advanced communications service provider that is a participant in
79	79	the federal Secure and Trusted Communications Networks
80	80	Reimbursement Program shall:
81	81	(1) report to the commission not later than January 1
82	82	of each year all communications equipment or services operated by
83	83	the provider eligible for replacement reimbursement from the
84	84	program and the geographic coordinates of the areas served by that
85	85	equipment or service; and
86	86	(2) submit a quarterly report to the commission on the
87	87	advanced communications service provider's compliance with the
88	88	requirements of the program.
89	89	Sec. 67.005. ENFORCEMENT. (a) The commission shall assess
90	90	an administrative penalty in the manner provided by Chapter 15 in an
91	91	amount of at least $5,000 and not more than $25,000 against an
92	92	advanced communications service provider for each violation of this
93	93	chapter. Each day a violation continues or occurs may be considered
94	94	a separate violation for purposes of imposing a penalty.
95	95	(b) The commission shall assess an administrative penalty
96	96	in the manner provided by Chapter 15 in an amount of at least
97	97	$10,000 and not more than $20,000 against an advanced
98	98	communications service provider that knowingly files a false
99	99	registration under Section 67.003. Each day a violation continues
100	100	or occurs may be considered a separate violation for purposes of
101	101	imposing a penalty.
102	102	(c) Notwithstanding any other law, an advanced
103	103	communications service provider that does not comply with this
104	104	chapter may not:
105	105	(1) receive state or local funds for the development
106	106	or maintenance of advanced communications infrastructure,
107	107	including disbursements from the state universal service fund
108	108	established under Section 56.021; or
109	109	(2) receive any federal funds that are subject to
110	110	distribution by state or local governments for the development or
111	111	maintenance of new or existing advanced communications
112	112	infrastructure.
113	113	Sec. 67.006. MAP. (a) The commission shall develop a map
114	114	of known advanced communications infrastructure installed in this
115	115	state that was produced or provided by a federally banned company.
116	116	(b) The map must include:
117	117	(1) the location of the advanced communications
118	118	infrastructure and the areas served by the infrastructure;
119	119	(2) the advanced communications service provider
120	120	responsible for the advanced communications infrastructure; and
121	121	(3) a description of the advanced communications
122	122	infrastructure, including the manufacturer and equipment type.
123	123	SECTION 2. Not later than January 1, 2026, an advanced
124	124	communications service provider to which Section 67.002(b),
125	125	Utilities Code, as added by this Act, applies shall, as applicable:
126	126	(1) register with the Public Utility Commission of
127	127	Texas as required by Section 67.003, Utilities Code, as added by
128	128	this Act; and
129	129	(2) submit to the Public Utility Commission of Texas
130	130	the first reports required by Section 67.004, Utilities Code, as
131	131	added by this Act.
132	132	SECTION 3. This Act takes effect September 1, 2025.