89R4414 CS-F
By: Hughes S.B. No. 1897
A BILL TO BE ENTITLED
AN ACT
relating to advanced communications infrastructure security;
authorizing a fee; providing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Utilities Code, is amended
by adding Chapter 67 to read as follows:
CHAPTER 67. ADVANCED COMMUNICATIONS INFRASTRUCTURE SECURITY
Sec. 67.001. DEFINITIONS. In this chapter:
(1) "Advanced communications infrastructure" means
physical infrastructure or equipment used to provide advanced
communications service.
(2) "Advanced communications service" means:
(A) advanced telecommunications capability, as
defined by 47 U.S.C. Section 1302; or
(B) any other telecommunications capability
that:
(i) permits end users to engage in
communications; and
(ii) is designated by the commission by
rule as an advanced communications service for the purposes of this
chapter.
(3) "Advanced communications service provider" means
a person who provides advanced communications service to customers
in this state.
(4) "Company" has the meaning assigned by Section
117.001, Business & Commerce Code.
(5) "Federally banned company" means a company that
produces or provides communications equipment or services listed as
of September 1, 2025, on the covered list published by the Public
Safety and Homeland Security Bureau of the Federal Communications
Commission, as required by 47 C.F.R. Section 1.50002.
Sec. 67.002. ADVANCED COMMUNICATIONS INFRASTRUCTURE. (a)
An advanced communications service provider may not construct
advanced communications infrastructure after August 31, 2025, that
includes any equipment produced or provided by a federally banned
company.
(b) An advanced communications service provider that
operates advanced communications infrastructure installed before
September 1, 2025, that was produced or provided by a federally
banned company shall disable and remove the infrastructure as soon
as possible after September 1, 2025. The advanced communications
service provider is not required to apply for any applicable state
or local permit to replace the removed advanced communications
infrastructure if:
(1) the provider notifies the relevant state agency or
local entity of the replacement; and
(2) the replacement infrastructure is similar to the
removed infrastructure.
Sec. 67.003. REGISTRATION WITH COMMISSION. (a) An
advanced communications service provider that uses advanced
communications infrastructure produced or provided by a federally
banned company shall register with the commission annually.
(b) Each registered advanced communications service
provider shall:
(1) pay to the commission an annual registration fee
prescribed by the commission in an amount sufficient to cover the
cost of administering the registration program; and
(2) maintain on file with the commission the following
information:
(A) the name, address, telephone number, and
e-mail address of an employee of the provider with managerial
responsibility for the provider's operations in this state;
(B) the geographic coordinates of the areas
served by any advanced communications infrastructure required to be
replaced by the provider under Section 67.002; and
(C) whether the advanced communications service
provider is a participant in the federal Secure and Trusted
Communications Networks Reimbursement Program.
Sec. 67.004. REQUIREMENTS FOR PARTICIPANT IN SECURE AND
TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM. An
advanced communications service provider that is a participant in
the federal Secure and Trusted Communications Networks
Reimbursement Program shall:
(1) report to the commission not later than January 1
of each year all communications equipment or services operated by
the provider eligible for replacement reimbursement from the
program and the geographic coordinates of the areas served by that
equipment or service; and
(2) submit a quarterly report to the commission on the
advanced communications service provider's compliance with the
requirements of the program.
Sec. 67.005. ENFORCEMENT. (a) The commission shall assess
an administrative penalty in the manner provided by Chapter 15 in an
amount of at least $5,000 and not more than $25,000 against an
advanced communications service provider for each violation of this
chapter. Each day a violation continues or occurs may be considered
a separate violation for purposes of imposing a penalty.
(b) The commission shall assess an administrative penalty
in the manner provided by Chapter 15 in an amount of at least
$10,000 and not more than $20,000 against an advanced
communications service provider that knowingly files a false
registration under Section 67.003. Each day a violation continues
or occurs may be considered a separate violation for purposes of
imposing a penalty.
(c) Notwithstanding any other law, an advanced
communications service provider that does not comply with this
chapter may not:
(1) receive state or local funds for the development
or maintenance of advanced communications infrastructure,
including disbursements from the state universal service fund
established under Section 56.021; or
(2) receive any federal funds that are subject to
distribution by state or local governments for the development or
maintenance of new or existing advanced communications
infrastructure.
Sec. 67.006. MAP. (a) The commission shall develop a map
of known advanced communications infrastructure installed in this
state that was produced or provided by a federally banned company.
(b) The map must include:
(1) the location of the advanced communications
infrastructure and the areas served by the infrastructure;
(2) the advanced communications service provider
responsible for the advanced communications infrastructure; and
(3) a description of the advanced communications
infrastructure, including the manufacturer and equipment type.
SECTION 2. Not later than January 1, 2026, an advanced
communications service provider to which Section 67.002(b),
Utilities Code, as added by this Act, applies shall, as applicable:
(1) register with the Public Utility Commission of
Texas as required by Section 67.003, Utilities Code, as added by
this Act; and
(2) submit to the Public Utility Commission of Texas
the first reports required by Section 67.004, Utilities Code, as
added by this Act.
SECTION 3. This Act takes effect September 1, 2025.