Bill Text: TX HB9 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the development and funding of broadband and telecommunications services.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - See remarks for effective date [HB9 Detail]
Download: Texas-2023-HB9-Enrolled.html
H.B. No. 9 |
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relating to the development and funding of broadband and | ||
telecommunications services. | ||
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) "Fund" means the broadband infrastructure fund | ||
established under Section 49-d-16, Article III, Texas | ||
Constitution. | ||
(3) "Next generation 9-1-1 service fund" means the | ||
fund established under Section 771.0713, Health and Safety 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 this 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 and telecommunications 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) money transferred or deposited to the credit of | ||
the fund by the constitution, general law, or the General | ||
Appropriations Act; | ||
(2) revenue that the legislature by general law | ||
dedicates for deposit to the credit of the fund; | ||
(3) investment earnings and interest earned on money | ||
in the fund; and | ||
(4) gifts, grants, and donations to the fund. | ||
(b) The fund shall be administered by the comptroller who | ||
may use money from the fund for any purpose authorized by Subsection | ||
(c). | ||
(c) The fund may be used only for: | ||
(1) a purpose described by Chapter 490I; | ||
(2) providing funding for 9-1-1 and next generation | ||
9-1-1 services under Chapter 771, Health and Safety Code; | ||
(3) supporting the deployment of next generation 9-1-1 | ||
service, including its costs of equipment, operations, and | ||
administration, as provided by Section 771.0713, Health and Safety | ||
Code; | ||
(4) supporting the Texas Broadband Pole Replacement | ||
Program established under Section 403.503, as added by Chapter 659 | ||
(H.B. 1505), Acts of the 87th Legislature, Regular Session, 2021; | ||
(5) providing matching funds for federal money | ||
provided for the Broadband Equity, Access, and Deployment Program; | ||
(6) expanding access to broadband service in | ||
economically distressed communities to support increased | ||
connectivity needs in those areas; and | ||
(7) administering and enforcing this subchapter. | ||
(d) For the purposes of Subsection (c)(5), the comptroller: | ||
(1) shall consider an applicant's potential | ||
contribution toward matching the funds for federal money provided | ||
for the Broadband Equity, Access, and Deployment Program; and | ||
(2) may only provide state matching funds if a state | ||
contribution is necessary for the economic feasibility of a | ||
proposed project. | ||
Sec. 403.604. MANAGEMENT AND INVESTMENT OF FUND. (a) In | ||
this section, "trust company" means the Texas Treasury Safekeeping | ||
Trust Company. | ||
(b) The trust company shall hold and invest the fund, and | ||
any accounts established in the fund, for the comptroller, taking | ||
into account the purposes for which money in the fund may be used. | ||
The fund may be invested with the state treasury pool and may be | ||
pooled with other state assets for purposes of investment. | ||
(c) The overall objective for the investment of the fund is | ||
to maintain sufficient liquidity to meet the needs of the fund while | ||
striving to preserve the purchasing power of the fund over a full | ||
economic cycle. | ||
(d) In managing the assets of the fund, the trust company | ||
may acquire, exchange, sell, supervise, manage, or retain any kind | ||
of investment that a prudent investor, exercising reasonable care, | ||
skill, and caution, would acquire or retain in light of the | ||
purposes, terms, distribution requirements, and other | ||
circumstances of the fund then prevailing, taking into | ||
consideration the investment of all the assets of the fund rather | ||
than a single investment. | ||
(e) The trust company shall recover the costs incurred in | ||
managing and investing the fund only from the fund. | ||
(f) The trust company annually shall provide a written | ||
report to the comptroller with respect to the investments of the | ||
fund. | ||
(g) The trust company shall adopt a written investment | ||
policy that is appropriate for the fund. The trust company shall | ||
present the investment policy to the investment advisory board | ||
established under Section 404.028. The investment advisory board | ||
shall submit to the trust company recommendations regarding the | ||
policy. | ||
(h) The comptroller annually shall provide to the trust | ||
company a forecast of the cash flows into and out of the fund. The | ||
comptroller shall provide updates to the forecasts as appropriate | ||
to ensure that the trust company is able to achieve the fund's | ||
objective specified by Subsection (c). | ||
(i) The trust company shall disburse money from the fund as | ||
directed by the comptroller. | ||
Sec. 403.605. RULEMAKING. The comptroller may adopt rules | ||
as necessary to administer this subchapter. | ||
SECTION 2. Section 403.502, Government Code, as added by | ||
Chapter 659 (H.B. 1505), Acts of the 87th Legislature, Regular | ||
Session, 2021, is amended by adding Subsection (b-1) to read as | ||
follows: | ||
(b-1) In addition to the money transferred under Subsection | ||
(b), the comptroller may transfer to the credit of the pole | ||
replacement fund an available amount from the broadband | ||
infrastructure fund established under Section 49-d-16, Article | ||
III, Texas Constitution. | ||
SECTION 3. (a) The comptroller of public accounts shall | ||
make a one-time transfer in the amount of $155,200,000 from the | ||
broadband infrastructure fund established under Section 49-d-16, | ||
Article III, Texas Constitution, to the next generation 9-1-1 | ||
service fund established under Section 771.0713, Health and Safety | ||
Code. | ||
(b) The comptroller of public accounts shall make a one-time | ||
transfer in the amount of $75 million from the broadband | ||
infrastructure fund established under Section 49-d-16, Article | ||
III, Texas Constitution, to the broadband pole replacement fund | ||
established under Section 403.502, Government Code, as added by | ||
Chapter 659 (H.B. 1505), Acts of the 87th Legislature, Regular | ||
Session, 2021. | ||
(c) Notwithstanding Section 5, Chapter 10 (S.B. 8), Acts of | ||
the 87th Legislature, 3rd Called Session, 2021, the comptroller of | ||
public accounts may not use funds appropriated under that section | ||
to support the Texas Broadband Pole Replacement Program established | ||
under Section 403.503, Government Code, as added by Chapter 659 | ||
(H.B. 1505), Acts of the 87th Legislature, Regular Session, 2021, | ||
after the effective date of this Act. | ||
(d) The comptroller of public accounts shall transfer the | ||
amounts described by Subsections (a) and (b) of this section not | ||
later than September 15, 2024. | ||
SECTION 4. 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 expand | ||
high-speed broadband access and assist in the financing of | ||
connectivity projects in the state takes effect. If that amendment | ||
is not approved by the voters, this Act has no effect. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 9 was passed by the House on April 27, | ||
2023, by the following vote: Yeas 140, Nays 8, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 9 on May 23, 2023, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 9 on May 28, 2023, by the following vote: Yeas 134, | ||
Nays 8, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 9 was passed by the Senate, with | ||
amendments, on May 18, 2023, by the following vote: Yeas 30, Nays | ||
1; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
9 on May 28, 2023, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |