Bill Text: TX HB5 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the expansion of broadband services to certain areas.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-15 - Effective immediately [HB5 Detail]
Download: Texas-2021-HB5-Engrossed.html
Bill Title: Relating to the expansion of broadband services to certain areas.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-15 - Effective immediately [HB5 Detail]
Download: Texas-2021-HB5-Engrossed.html
By: Ashby, Anderson, Paddie, Price, Canales, | H.B. No. 5 | |
et al. |
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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, Government Code, is amended to | ||
read as follows: | ||
Sec. 490H.002. COMPOSITION. (a) The council is composed of | ||
one nonvoting member appointed by the broadband development office | ||
and the following [ |
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(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[ |
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(2) one representative of the health information | ||
technology industry[ |
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(3) two representatives of unaffiliated nonprofit | ||
organizations that advocate for elderly persons statewide[ |
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(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[ |
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(5) one representative of an agricultural advocacy | ||
organization in this state[ |
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(6) one representative of a hospital advocacy | ||
organization in this state[ |
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(7) one representative of a medical advocacy | ||
organization in this state[ |
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(8) one county official who serves in an elected | ||
office of a county with a population of less than 35,000[ |
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(8-a) one county clerk of a county with a population of | ||
less than 60,000; | ||
(8-b) one sheriff of a county with a population of less | ||
than 60,000; | ||
(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[ |
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(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[ |
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(11) one representative of a school district with a | ||
territory that includes only counties with a population of less | ||
than 60,000[ |
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(12) one representative from a library association[ |
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(13) one hospital administrator employed by a licensed | ||
hospital located in a county with a population of less than 60,000 | ||
[ |
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(14) one representative from an electric cooperative | ||
providing broadband [ |
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(15) one representative of a school district with a | ||
territory that includes all or part of a county with a population of | ||
more than 500,000; and | ||
(16) one representative of a nonprofit organization | ||
that has a demonstrated history of facilitating broadband adoption | ||
by offering digital literacy training or providing access to | ||
broadband technology. | ||
(b) The entities making appointments under Subsection (a) | ||
shall, to the greatest extent practicable, ensure that the | ||
composition of the council reflects the racial and ethnic | ||
composition of the state. | ||
(c) [ |
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Subsection (a) serves for a five-year term. | ||
(d) [ |
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manner as the original appointment. | ||
SECTION 2. Section 490H.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 490H.003. COUNCIL OFFICERS; COMMITTEES [ |
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council a chair and vice chair [ |
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council for two-year terms. | ||
(b) The chair and the vice chair each must reside in a county | ||
with a population of: | ||
(1) less than 100,000; or | ||
(2) more than 250,000. | ||
(c) When designating a chair or vice chair, the governor | ||
shall ensure that: | ||
(1) during a term when the chair resides in a county | ||
with a population of more than 250,000, the vice chair resides in a | ||
county with a population of less than 100,000; | ||
(2) during a term when the chair resides in a county | ||
with a population of less than 100,000, the vice chair resides in a | ||
county with a population of more than 250,000; | ||
(3) persons described by Subdivision (1) are | ||
immediately succeeded by persons described by Subdivision (2); and | ||
(4) persons described by Subdivision (2) are | ||
immediately succeeded by persons described by Subdivision (1). | ||
(d) The chair may appoint subcommittees and technical | ||
advisory committees to assist with the duties of the council. | ||
SECTION 3. Section 490H.004, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(b) The council shall convene at the call of the chair or, if | ||
the chair is unable to call a meeting or does not call at least one | ||
meeting to meet the requirements of Subsection (a), at the call of | ||
the vice chair [ |
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(c) The council shall: | ||
(1) post the agenda for each council meeting on the | ||
council's Internet website at least 48 hours before the meeting; | ||
and | ||
(2) not later than the 14th day after the date of each | ||
meeting, post on the council's Internet website the minutes or | ||
recording of the meeting required under Section 551.021. | ||
(d) As an exception to Chapter 551 and other law, the | ||
council may meet by use of video conference call. This subsection | ||
applies for purposes of constituting a quorum, for purposes of | ||
voting, and for any other purpose allowing a member of the council | ||
to fully participate in any meeting of the council. A meeting held | ||
by use of video conference call: | ||
(1) must be open to the public, which includes a video | ||
broadcast of the meeting in real time through the council's | ||
Internet website; | ||
(2) must specify in the meeting notice the link to the | ||
video broadcast described by Subdivision (1); and | ||
(3) must provide two-way video communication between | ||
all council members attending the meeting. | ||
SECTION 4. Sections 490H.006(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The council shall: | ||
(1) research the progress of: | ||
(A) broadband development in unserved areas; | ||
(B) deployment of broadband statewide; | ||
(C) purchase of broadband by residential and | ||
commercial customers; and | ||
(D) patterns and discrepancies in access to | ||
broadband; | ||
(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; | ||
and | ||
(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. | ||
(b) The council may research another matter related to | ||
broadband [ |
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SECTION 5. Subtitle F, Title 4, Government Code, is amended | ||
by adding Chapter 490I to read as follows: | ||
CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE | ||
Sec. 490I.0101. THRESHOLD SPEED FOR BROADBAND SERVICE. (a) | ||
For purposes of this chapter, subject to Subsection (b), "broadband | ||
service" means Internet service with the capability of providing: | ||
(1) a download speed of 25 megabits per second or | ||
faster; and | ||
(2) an upload speed of three megabits per second or | ||
faster. | ||
(b) If the Federal Communications Commission adopts upload | ||
or download threshold speeds for advanced telecommunications | ||
capability under 47 U.S.C. Section 1302 that are different than | ||
those specified by Subsection (a), the comptroller may require | ||
Internet service to be capable of providing download or upload | ||
speeds that match that federal threshold in order to qualify under | ||
this chapter as "broadband service." | ||
(c) Not later than the 60th day after the date the | ||
comptroller adjusts the minimum download or upload speeds required | ||
for Internet service to qualify as "broadband service," the | ||
broadband development office shall publish on the comptroller's | ||
Internet website the adjusted minimum download and upload speeds. | ||
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. (a) The broadband | ||
development office shall: | ||
(1) serve as a resource for information regarding | ||
broadband service and digital connectivity in this state; | ||
(2) engage in outreach to communities regarding the | ||
expansion, adoption, affordability, and use of broadband service | ||
and the programs administered by the office; and | ||
(3) serve as an information clearinghouse in relation | ||
to: | ||
(A) federal programs providing assistance to | ||
local entities with respect to broadband service; and | ||
(B) addressing barriers to digital connectivity. | ||
(b) The office has the powers necessary to carry out the | ||
duties of the office under this chapter, including the power to | ||
enter into contracts and other necessary instruments. | ||
(c) This chapter does not grant the comptroller authority to | ||
regulate broadband services or broadband service providers or, | ||
except as required of an applicant or recipient under Section | ||
490I.0106, to require broadband service providers to submit | ||
information to the comptroller. | ||
(d) For the purpose of carrying out a duty or power of the | ||
office under this chapter, the office may: | ||
(1) advertise in any available media; and | ||
(2) promote the office's programs and functions. | ||
Sec. 490I.0104. PARTICIPATION IN PROCEEDINGS OF THE FEDERAL | ||
COMMUNICATIONS COMMISSION. (a) The broadband development office | ||
may monitor, participate in, and provide input in proceedings of | ||
the Federal Communications Commission related to the geographic | ||
availability and deployment of broadband service in this state to | ||
ensure that: | ||
(1) the information available to the Federal | ||
Communications Commission reflects the current status of | ||
geographic availability and deployment of broadband service in this | ||
state; and | ||
(2) this state is best positioned to benefit from | ||
broadband service deployment programs administered by federal | ||
agencies. | ||
(b) The office may participate in a process established by | ||
the Federal Communications Commission allowing governmental | ||
entities to challenge the accuracy of the commission's information | ||
regarding the geographic availability and deployment of broadband | ||
service. | ||
(c) The office shall establish procedures and a data | ||
collection process in accordance with rules established by the | ||
Federal Communications Commission for the Digital Opportunity Data | ||
Collection that will enable the office to participate in the | ||
process described by Subsection (b). | ||
Sec. 490I.0105. BROADBAND DEVELOPMENT MAP. (a) The | ||
broadband development office shall create, update annually, and | ||
publish on the comptroller's Internet website a map classifying | ||
each designated area in this state as: | ||
(1) an eligible area, if fewer than 80 percent of the | ||
addresses in the designated area have access to broadband service; | ||
or | ||
(2) an ineligible area, if 80 percent or more of the | ||
addresses in the designated area have access to broadband service. | ||
(b) The comptroller by rule may determine the scope of a | ||
designated area under Subsection (a). | ||
(c) The map required by Subsection (a) must display: | ||
(1) the number of broadband service providers that | ||
serve each designated area; | ||
(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; | ||
and | ||
(3) each public preschool or primary or secondary | ||
school in this state and an indication of whether the school has | ||
access to broadband service. | ||
(d) The office must create, update, and publish the map in a | ||
manner consistent with the most current mapping methodology adopted | ||
by the Federal Communications Commission. | ||
(e) Except as provided by Subsection (c), the office shall | ||
use information available from the Federal Communications | ||
Commission to create or update the map. | ||
(f) If information from the Federal Communications | ||
Commission is not available or 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 may report the | ||
information to the office. The office may not require a subdivision | ||
or provider to report information in a format different from the | ||
format required by the most current mapping methodology adopted by | ||
the Federal Communications Commission. | ||
(g) Information a broadband service provider reports to the | ||
office under Subsection (f) and information provided by the Federal | ||
Communications Commission, if not publicly available, is | ||
confidential and not subject to disclosure under Chapter 552. | ||
(h) The office may contract with a private consultant or | ||
other appropriate person who is not associated or affiliated with a | ||
commercial broadband provider, including a local governmental | ||
entity, to provide technical or administrative assistance to the | ||
office for the purpose of creating or updating the map. | ||
(i) The office may release information reported under | ||
Subsection (f) to a contractor providing services under Subsection | ||
(h). The contractor shall: | ||
(1) keep the information confidential; and | ||
(2) return the information to the office on the | ||
earliest of the following dates: | ||
(A) the date the contract expires; | ||
(B) the date the contract is terminated; or | ||
(C) the date the mapping project for which the | ||
contractor is providing services is complete. | ||
(j) A person who contracts under Subsection (h) may not | ||
provide services for a broadband provider in this state before the | ||
second anniversary of the last day the person was under the | ||
contract. | ||
(k) The office shall establish criteria for determining | ||
whether a designated area should be reclassified as an eligible | ||
area or an ineligible area. The criteria must include an evaluation | ||
of Internet speed test data and information on end user addresses. | ||
(l) A broadband service provider or political subdivision | ||
may petition the office to reclassify a designated area 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 designated area and post notice | ||
of the petition on the comptroller's Internet website. | ||
(m) Not later than the 45th day after the date that a | ||
broadband provider receives notice under Subsection (l), the | ||
provider shall provide information to the office showing whether | ||
the designated area should or should not be reclassified. | ||
(n) Not later than the 75th day after the date that a | ||
broadband provider receives notice under Subsection (l), the office | ||
shall determine whether to reclassify the designated area 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. | ||
(o) 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 (c). | ||
Sec. 490I.0106. 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 designated areas determined to be eligible | ||
areas by the office under Section 490I.0105. | ||
(b) The office shall establish and publish criteria for | ||
making awards under Subsection (a). The office shall: | ||
(1) take into consideration grants and other financial | ||
incentives awarded by the federal government for the deployment of | ||
broadband service in a designated area; | ||
(2) prioritize the applications of applicants that | ||
will expand access to and adoption of broadband service in eligible | ||
areas in which the lowest percentage of addresses have access to | ||
broadband service; | ||
(3) prioritize an applicant that the broadband | ||
provided by the applicant will maintain a program to, by default, | ||
block access to pornographic or other obscene materials; and | ||
(4) prioritize the applications of applicants that | ||
will expand access to broadband service in public and private | ||
primary and secondary schools and institutions of higher education. | ||
(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.0105; | ||
(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 Section 56.021, | ||
Utilities Code, when deciding to award grants, loans, or other | ||
financial incentives. | ||
(d) The office shall: | ||
(1) post on the comptroller's Internet website | ||
information about the application process and the receipt of awards | ||
and shall update that information as necessary; and | ||
(2) post on the comptroller's Internet website | ||
information from each application, including the applicant's name, | ||
the area targeted for expanded broadband service access or adoption | ||
by the application, and any other information the office considers | ||
relevant or necessary, for a period of at least 30 days before the | ||
office makes a decision on the application. | ||
(e) During the 30-day posting period described by | ||
Subsection (d) for an application, the office shall accept from any | ||
interested party a written protest of the application relating to | ||
whether the applicant or project is eligible for an award or should | ||
not receive an award based on the criteria prescribed by the office. | ||
(f) Notwithstanding any deadline for submitting an | ||
application, if the office upholds a protest submitted under | ||
Subsection (e) on the grounds that one or more of the addresses in | ||
an eligible area subject to the application have access to | ||
broadband service, the applicant may resubmit the application | ||
without the challenged addresses not later than 30 days after the | ||
date that the office upheld the protest. | ||
(g) The office shall establish and publish criteria for | ||
award recipients. The criteria must include requirements 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. | ||
(h) An award granted under this section does not affect the | ||
eligibility of a telecommunications provider to receive support | ||
from the state universal service fund under Section 56.021, | ||
Utilities Code. | ||
Sec. 490I.0107. STATE BROADBAND PLAN. (a) The broadband | ||
development office shall prepare, update, and publish on the | ||
comptroller's Internet website a state broadband plan that | ||
establishes long-term goals for greater access to and adoption, | ||
affordability, and use of broadband service in this state. | ||
(b) In developing the state broadband plan, the office | ||
shall: | ||
(1) to the extent possible, collaborate with state | ||
agencies, political subdivisions, broadband industry stakeholders | ||
and representatives, and community organizations that focus on | ||
broadband services and technology access; | ||
(2) consider the policy recommendations of the | ||
governor's broadband development council; | ||
(3) favor policies that are technology-neutral and | ||
protect all members of the public; | ||
(4) explore state and regional approaches to broadband | ||
development; and | ||
(5) examine broadband service needs related to: | ||
(A) public safety, including the needs of state | ||
agencies involved in the administration of criminal justice, as | ||
that term is defined by Article 66.001, Code of Criminal Procedure; | ||
(B) public education and state and local | ||
education agencies, including any agency involved in the electronic | ||
administration of an assessment instrument required under Section | ||
39.023, Education Code; and | ||
(C) public health, including the needs of state | ||
agencies involved in the administration of public health | ||
initiatives such as the Health and Human Services Commission and | ||
the Department of State Health Services. | ||
Sec. 490I.0108. 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) creating or updating the map described by Section | ||
490I.0105; | ||
(2) administering the broadband development program | ||
under Section 490I.0106; | ||
(3) creating or updating the state broadband plan | ||
under Section 490I.0107; or | ||
(4) engaging in outreach to communities regarding the | ||
expansion, adoption, affordability, and use of broadband service | ||
and the programs administered by the office. | ||
(e) The account is exempt from the application of Sections | ||
403.095, 403.0956, and 404.071. | ||
Sec. 490I.0109. RULEMAKING. The comptroller may adopt | ||
rules as necessary to implement this chapter. | ||
SECTION 6. (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.0105, | ||
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 designated area; 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.0106, 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.0105, Government Code, as added by this Act. | ||
SECTION 7. The broadband development office established by | ||
Section 490I.0102, Government Code, as added by this Act, shall | ||
prepare the initial state broadband plan required by Section | ||
490I.0107, Government Code, as added by this Act, not later than | ||
September 1, 2022. | ||
SECTION 8. This Act takes effect September 1, 2021. |