Bill Text: TX HB1446 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the expansion of broadband services to certain areas.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to State Affairs [HB1446 Detail]
Download: Texas-2021-HB1446-Introduced.html
87R6584 BRG-D | ||
By: Ashby | H.B. No. 1446 |
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relating to the expansion of broadband services to certain areas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 490H.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) The council is composed of one nonvoting member | ||
appointed by the broadband development office and the following 17 | ||
voting members: | ||
(1) two representatives of separate Internet service | ||
provider industry associations, including at least one | ||
representative of an association that primarily represents small | ||
providers, as defined by Section 56.032, Utilities Code, appointed | ||
by the governor; | ||
(2) one representative of the health information | ||
technology industry, appointed by the governor; | ||
(3) two representatives of unaffiliated nonprofit | ||
organizations that advocate for elderly persons statewide, | ||
appointed by the governor; | ||
(4) two representatives of unaffiliated nonprofit | ||
organizations that have a demonstrated history of working with the | ||
legislature and the public to identify solutions for expanding | ||
broadband to rural, unserved areas of this state, appointed by the | ||
governor; | ||
(5) one representative of an agricultural advocacy | ||
organization in this state, appointed by the governor; | ||
(6) one representative of a hospital advocacy | ||
organization in this state, appointed by the governor; | ||
(7) one representative of a medical advocacy | ||
organization in this state, appointed by the governor; | ||
(8) one county official who serves in an elected | ||
office of a county with a population of less than 35,000, appointed | ||
by the governor; | ||
(9) one municipal official who serves in an elected | ||
office of a municipality with a population of less than 20,000 | ||
located in a county with a population of less than 60,000, appointed | ||
by the governor; | ||
(10) one representative of an institution of higher | ||
education that has its main campus in a county with a population of | ||
less than 60,000, appointed by the governor; | ||
(11) one representative of a school district with a | ||
territory that includes only counties with a population of less | ||
than 60,000, appointed by the governor; | ||
(12) one representative from a library association, | ||
appointed by the governor; | ||
(13) one member of the house of representatives, | ||
appointed by the speaker of the house of representatives; and | ||
(14) one state senator, appointed by the lieutenant | ||
governor. | ||
SECTION 2. Section 490H.006(a), Government Code, is amended | ||
to read as follows: | ||
(a) The council shall: | ||
(1) research the progress of: | ||
(A) broadband development in unserved areas; and | ||
(B) deployment of broadband services statewide; | ||
(2) identify barriers to residential and commercial | ||
broadband deployment in unserved areas; | ||
(3) study: | ||
(A) technology-neutral solutions to overcome | ||
barriers identified under Subdivision (2); and | ||
(B) industry and technology trends in broadband | ||
services; | ||
(4) analyze how statewide access to broadband would | ||
benefit: | ||
(A) economic development; | ||
(B) the delivery of educational opportunities in | ||
higher education and public education; | ||
(C) state and local law enforcement; | ||
(D) state emergency preparedness; and | ||
(E) the delivery of health care services, | ||
including telemedicine and telehealth; and | ||
(5) study the outcomes of programs administered by the | ||
broadband development office. | ||
SECTION 3. Subtitle F, Title 4, Government Code, is amended | ||
by adding Chapter 490I to read as follows: | ||
CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE | ||
Sec. 490I.0101. DEFINITION. In this chapter, "broadband | ||
service" means Internet service provided directly to end user | ||
retail customers and capable of providing: | ||
(1) a download speed of 25 megabits per second or | ||
faster; and | ||
(2) an upload speed of 3 megabits per second or faster. | ||
Sec. 490I.0102. OFFICE. (a) The broadband development | ||
office is an office within the comptroller's office. | ||
(b) The comptroller may employ additional employees | ||
necessary for the discharge of the duties of the broadband | ||
development office. | ||
(c) The broadband development office: | ||
(1) is under the direction and control of the | ||
comptroller; | ||
(2) shall promote the policies enumerated in this | ||
chapter; and | ||
(3) may perform any action authorized by state or | ||
federal law. | ||
Sec. 490I.0103. POWERS AND DUTIES. The broadband | ||
development office shall: | ||
(1) serve as a resource for information regarding | ||
broadband service in this state; and | ||
(2) engage in outreach to communities regarding the | ||
expansion and adoption of broadband service and the programs | ||
administered by the office. | ||
Sec. 490I.0104. BROADBAND DEVELOPMENT MAP. (a) The | ||
broadband development office shall create, update annually, and | ||
publish on the comptroller's Internet website a map designating | ||
each census block in this state as: | ||
(1) an eligible area, if fewer than 80 percent of the | ||
addresses in the block have access to broadband service; or | ||
(2) an ineligible area, if 80 percent or more of the | ||
addresses in the block have access to broadband service. | ||
(b) The map must display: | ||
(1) the number of broadband service providers that | ||
serve each census block; and | ||
(2) for each eligible area, an indication of whether | ||
the area has access to Internet service that is not broadband | ||
service, regardless of the technology used to provide the service. | ||
(c) Except as provided by Subsection (d), the office shall | ||
use information available from the Federal Communications | ||
Commission to create or update the map. | ||
(d) If information from the Federal Communications | ||
Commission is not sufficient for the office to create or update the | ||
map, the office may request the necessary information from a | ||
political subdivision or broadband service provider, and the | ||
subdivision or provider shall report the information to the office. | ||
The office may not require a subdivision or provider to report | ||
information in a format that is substantially different from the | ||
format required by the Federal Communications Commission. | ||
(e) Information a broadband service provider reports to the | ||
office under Subsection (d) is confidential and not subject to | ||
disclosure under Chapter 552. The office may not share information | ||
reported under Subsection (d) with a third party or contract with a | ||
third party to collect, analyze, or use information reported under | ||
Subsection (d). | ||
(f) A broadband service provider or political subdivision | ||
may petition the office to redesignate a census block on the map as | ||
an eligible area or ineligible area. The office shall provide | ||
notice of the petition to each broadband service provider that | ||
provides broadband service to the census block and post notice of | ||
the petition on the comptroller's Internet website. | ||
(g) Not later than the 45th day after the date that a | ||
broadband provider receives notice under Subsection (f), the | ||
provider shall provide information to the office showing whether | ||
the census block should or should not be redesignated. | ||
(h) Not later than the 75th day after the date that a | ||
broadband provider receives notice under Subsection (f), the office | ||
shall determine whether to redesignate the census block on the map | ||
and update the map as necessary. A determination made by the office | ||
under this subsection is not a contested case for purposes of | ||
Chapter 2001. | ||
(i) The office is not required to create, update, or publish | ||
a map under this section if the Federal Communications Commission | ||
produces a map that: | ||
(1) enables the office to identify eligible and | ||
ineligible areas, as described by Subsection (a); and | ||
(2) meets the requirements of Subsection (b). | ||
Sec. 490I.0105. BROADBAND DEVELOPMENT PROGRAM. (a) The | ||
broadband development office shall establish a program to award | ||
grants, low-interest loans, and other financial incentives to | ||
applicants for the purpose of expanding access to and adoption of | ||
broadband service in census blocks determined to be eligible areas | ||
by the office under Section 490I.0104. | ||
(b) The office shall establish and publish eligibility | ||
criteria for award recipients. The criteria must require that | ||
grants, loans, and other financial incentives awarded through the | ||
program be used only for capital expenses, purchase or lease of | ||
property, and other expenses, including backhaul and transport, | ||
that will facilitate the provision or adoption of broadband | ||
service. | ||
(c) The office may not: | ||
(1) favor a particular broadband technology in | ||
awarding grants, loans, or other financial incentives; | ||
(2) award grants, loans, or other financial incentives | ||
to a broadband provider that does not report information requested | ||
by the office under Section 490I.0104; | ||
(3) award a grant, loan, or other financial incentive | ||
to a noncommercial provider of broadband service for an eligible | ||
area if a commercial provider of broadband service has submitted an | ||
application for the eligible area; or | ||
(4) take into consideration distributions from the | ||
state universal service fund established under Chapter 56, | ||
Utilities Code, when deciding to award grants, loans, or other | ||
financial incentives. | ||
(d) An award granted under this section does not affect | ||
distributions received by a broadband provider from the state | ||
universal service fund established under Chapter 56, Utilities | ||
Code. | ||
Sec. 490I.0106. BROADBAND DEVELOPMENT ACCOUNT. (a) The | ||
broadband development account is an account in the general revenue | ||
fund. | ||
(b) The account consists of: | ||
(1) appropriations of money to the account by the | ||
legislature; | ||
(2) gifts, donations, and grants, including federal | ||
grants; and | ||
(3) interest earned on the investment of the money in | ||
the account. | ||
(c) The comptroller shall deposit to the credit of the | ||
account federal money received by the state for the purpose of | ||
broadband development, to the extent permitted by federal law. | ||
(d) Money in the account may be appropriated only to the | ||
broadband development office for purposes of: | ||
(1) administering the broadband development program; | ||
or | ||
(2) creating or updating the map described by Section | ||
490I.0104. | ||
(e) The account is exempt from the application of Section | ||
404.071. | ||
Sec. 490I.0107. RULEMAKING. The comptroller may adopt | ||
rules as necessary to implement this chapter. | ||
SECTION 4. (a) Not later than the first anniversary of the | ||
effective date of this Act, the broadband development office | ||
established by Section 490I.0102, Government Code, as added by this | ||
Act, shall prepare a state broadband plan that establishes | ||
long-term goals for greater access to and adoption of broadband | ||
service in this state. | ||
(b) In developing the state broadband plan, the office | ||
shall: | ||
(1) collaborate, to the extent possible, with state | ||
agencies, political subdivisions, broadband industry stakeholders | ||
and representatives, and community organizations that focus on | ||
broadband services; | ||
(2) incorporate the policy recommendations of the | ||
governor's broadband development council; | ||
(3) favor policies that are technology-neutral and | ||
protect all members of the public; and | ||
(4) explore state and regional approaches to broadband | ||
development. | ||
SECTION 5. (a) The broadband development office | ||
established by Section 490I.0102, Government Code, as added by this | ||
Act, shall publish the map required by Section 490I.0104, | ||
Government Code, as added by this Act, on the comptroller's | ||
Internet website not later than September 1, 2022. | ||
(b) Not later than January 1, 2022, the office shall publish | ||
on the comptroller's Internet website: | ||
(1) a map created by the Federal Communications | ||
Commission that displays the number of broadband service providers | ||
that serve each census block; or | ||
(2) a link to a map described by Subdivision (1) of | ||
this subsection. | ||
(c) For the purpose of administering the broadband | ||
development program established by Section 490I.0105, Government | ||
Code, as added by this Act, the office shall use a map described by | ||
Subsection (b) of this section to determine whether an area is | ||
eligible until the office publishes the map required by Section | ||
490I.0104, Government Code, as added by this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. |