Bill Text: TX HB9 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R13431 DIO-F | ||
By: Ashby | H.B. No. 9 |
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relating to the development and funding of broadband and | ||
telecommunications services; making an appropriation. | ||
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) "Commission" means the Public Utility Commission | ||
of Texas. | ||
(3) "Fund" means the broadband infrastructure fund | ||
established under Section 49-d-16, Article III, Texas | ||
Constitution. | ||
(4) "Office" means the broadband development office | ||
established under Section 490I.0102. | ||
(5) "Universal service fund" means the fund | ||
established under Section 56.021, Utilities 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 the 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 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) appropriations from the legislature for a purpose | ||
of the fund; | ||
(2) fees or other sources of revenue that the | ||
legislature dedicates for deposit to the fund; | ||
(3) interest earned on money credited to the fund; | ||
(4) depository interest allocable to the fund; and | ||
(5) money from gifts, grants, or donations to the | ||
fund. | ||
(b) The fund shall be administered by the comptroller who, | ||
jointly with the commission, shall determine the use of the money | ||
from the fund in accordance with Subsection (c). | ||
(c) The fund may be used only to: | ||
(1) create or update the map described by Section | ||
490I.0105; | ||
(2) administer the program described by Section | ||
490I.0106; | ||
(3) prepare or update the state broadband plan | ||
described by Section 490I.0107; | ||
(4) engage in outreach to communities regarding the | ||
expansion, adoption, affordability, and use of broadband service | ||
and the programs administered by the office and equipment; | ||
(5) allocate money to fully fund the universal service | ||
fund; | ||
(6) fund the 9-1-1 and the next generation 9-1-1 | ||
services under Chapter 771, Health and Safety Code; | ||
(7) deposit money to the credit of the next generation | ||
9-1-1 service fund to be expended as provided by Section 771.0713, | ||
Health and Safety Code; | ||
(8) deposit money to the credit of the broadband pole | ||
replacement fund for expenditure in accordance with Section | ||
403.502, as added by Section 659 (H.B. 1505), Acts of the 87th | ||
Legislature, Regular Session, 2021; | ||
(9) provide matching funds for federal money provided | ||
for the Broadband Equity, Access, and Deployment Program; | ||
(10) support increased connectivity needs for | ||
qualifying schools under the federal Schools and Libraries Program | ||
("E-rate program") as provided by 47 C.F.R. Part 54, Subpart F, or | ||
similar legislation providing federal funding for broadband and | ||
telecommunications initiatives; | ||
(11) improve public safety telecommunications | ||
connectivity, including support for school safety; and | ||
(12) administer and enforce this subchapter. | ||
Sec. 403.604. RULEMAKING. The comptroller shall adopt | ||
rules as necessary to administer this subchapter. | ||
SECTION 2. Section 771.071, Health and Safety Code, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding any other law, the commission shall | ||
suspend the imposition of the fee under this section during the | ||
period in which funding of the 9-1-1 emergency service is being | ||
provided under Section 403.603, Government Code, from the broadband | ||
infrastructure fund. | ||
SECTION 3. Section 771.0711, Health and Safety Code, is | ||
amended by adding Subsection (k) to read as follows: | ||
(k) Notwithstanding any other law, the commission shall | ||
suspend the imposition of the fee under this section during the | ||
period in which funding for the automatic number identification and | ||
automatic location identification of wireless 9-1-1 calls is being | ||
provided under Section 403.603, Government Code, from the broadband | ||
infrastructure fund. | ||
SECTION 4. Section 771.0712, Health and Safety Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) Notwithstanding any other law, the comptroller shall | ||
suspend the imposition of the fee under this section during the | ||
period in which funding for the prepaid wireless 9-1-1 emergency | ||
service is being provided under Section 403.603, Government Code, | ||
from the broadband infrastructure fund. | ||
SECTION 5. Section 771.072, Health and Safety Code, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding any other law, the commission shall | ||
suspend the imposition of the surcharge under this section during | ||
the period in which funding for the services described by Sections | ||
771.071 and 771.0711 is being provided under Section 403.603, | ||
Government Code, by the broadband infrastructure fund. | ||
SECTION 6. Section 56.022, Utilities Code, is repealed. | ||
SECTION 7. (a) On January 1, 2024, there is appropriated to | ||
the comptroller of public accounts from the economic stabilization | ||
fund the amount of $5 billion for the purpose of immediately | ||
depositing that amount to the credit of the broadband | ||
infrastructure fund. | ||
(b) The comptroller of public accounts shall deposit the | ||
money appropriated by Subsection (a) of this section not later than | ||
the 30th day after the effective date of this Act. | ||
SECTION 8. 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 assist | ||
in the financing of broadband and telecommunications services | ||
projects in the state takes effect. If that amendment is not | ||
approved by the voters, this Act has no effect. |