Bill Text: TX SB1238 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to broadband development.
Spectrum: Slight Partisan Bill (Republican 39-24)
Status: (Passed) 2023-06-02 - Effective immediately [SB1238 Detail]
Download: Texas-2023-SB1238-Introduced.html
Bill Title: Relating to broadband development.
Spectrum: Slight Partisan Bill (Republican 39-24)
Status: (Passed) 2023-06-02 - Effective immediately [SB1238 Detail]
Download: Texas-2023-SB1238-Introduced.html
88R11075 DIO-F | ||
By: Nichols | S.B. No. 1238 |
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relating to broadband development. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 490I.0101(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) For purposes of this chapter, subject to Subsection (b), | ||
"broadband service" means Internet service with the capability of | ||
providing a: | ||
(1) [ |
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second for a download [ |
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(2) [ |
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per second for an upload; and | ||
(3) network round-trip latency of less than or equal | ||
to 100 milliseconds based on the 95th percentile of speed | ||
measurements [ |
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(b) If the Federal Communications Commission adopts | ||
standards [ |
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telecommunications capability under 47 U.S.C. Section 1302 that are | ||
different than those specified by Subsection (a), the comptroller | ||
by rule may require Internet service to be capable of matching the | ||
[ |
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standards [ |
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"broadband service." | ||
SECTION 2. Sections 490I.0105(a), (c), (d), (f), (k), (l), | ||
and (n), Government Code, are amended to read as follows: | ||
(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 unserved [ |
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[ |
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serviceable locations [ |
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access to broadband service; [ |
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[ |
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(2) an underserved [ |
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not an unserved area and fewer than[ |
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[ |
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serviceable locations [ |
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access to broadband service capable of delivering threshold speeds | ||
the comptroller establishes by rule; or | ||
(3) a served area if the designated area is neither an | ||
unserved nor an underserved area [ |
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(c) After creation of the initial map described in | ||
Subsection (a), the office may evaluate the usefulness of the | ||
standards for unserved [ |
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Subsection (a) and, if appropriate, make a recommendation to the | ||
legislature to revise the standards. | ||
(d) The map required by Subsection (a) must display: | ||
(1) the number of broadband service providers that | ||
serve each designated area; | ||
(2) for each designated [ |
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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 school campus in this state with an | ||
indication of whether the public school campus has access to | ||
broadband service. | ||
(f) Except as provided by Subsection (g), the office shall | ||
use the best available data, including information available from | ||
the Federal Communications Commission, to create or update the map. | ||
(k) A person who contracts under Subsection (i) may not | ||
provide services in this state to [ |
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contract is in effect. | ||
(l) The office shall establish criteria for determining | ||
whether a designated area should be reclassified as an unserved | ||
[ |
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must include an evaluation of Internet speed test data and | ||
information on end user addresses. The criteria may also include | ||
community surveys regarding the reliability of Internet service, | ||
where available. | ||
(n) A broadband service provider or political subdivision | ||
may petition the office to reclassify a designated area on the map | ||
as an unserved [ |
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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. | ||
SECTION 3. Section 490I.0106, Government Code, is amended | ||
to read as follows: | ||
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 [ |
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(a-1) The office may award grants, low-interest loans, and | ||
other financial incentives to applicants for the deployment of | ||
eligible broadband infrastructure projects located in: | ||
(1) an area classified by the office as unserved or | ||
underserved; or | ||
(2) an area classified by the office as served if the | ||
proposed broadband infrastructure project is targeted to deploy | ||
broadband services to locations within the designated area that do | ||
not have access to broadband service. | ||
(a-2) The office may award grants to applicants for projects | ||
not involving the deployment of broadband infrastructure that | ||
expand the accessibility, affordability, or adoption of broadband | ||
service, including education, training, community outreach, remote | ||
learning or telehealth facilities, equipment purchases, or any | ||
other use permitted by the applicable funding source. | ||
(b) The office shall establish and publish criteria for | ||
making awards under this chapter [ |
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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 | ||
designated [ |
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broadband serviceable locations [ |
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broadband service; and | ||
(3) 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) Notwithstanding Subsection (b)(2), the office may | ||
establish criteria that take into account a cost benefit analysis | ||
for awarding money to the eligible areas described by that | ||
subdivision. | ||
(d) The office may not: | ||
(1) except as provided by Section 490I.01062, favor a | ||
particular broadband technology in awarding grants, loans, or other | ||
financial incentives; | ||
(2) accept an application from or award grants, loans, | ||
or other financial incentives to a broadband provider that does not | ||
report information requested by the office under Section 490I.0105 | ||
or 490I.01061; | ||
(3) award a grant, loan, or other financial incentive | ||
to a noncommercial provider of broadband service for a designated | ||
[ |
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broadband service has submitted an application for the same | ||
[ |
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(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; or | ||
(5) except as provided by Section 490I.01061, award a | ||
grant, loan, or other financial incentive for deployment of | ||
last-mile broadband service for a location that is subject to a | ||
federal commitment to deploy qualifying broadband service. | ||
(e) 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 for at | ||
least 30 days information from each accepted 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[ |
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(f) During the 30-day posting period described by | ||
Subsection (e) for an application, the office shall accept from any | ||
interested party, other than a broadband service provider that does | ||
not report information requested by the office under Section | ||
490I.0105 or 490I.01061, 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. | ||
(g) Notwithstanding any deadline for submitting an | ||
application, if the office upholds a protest submitted under | ||
Subsection (f) on the grounds that one or more of the broadband | ||
serviceable locations [ |
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area subject to the application have access to broadband service, | ||
the applicant may resubmit the application without the challenged | ||
locations [ |
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office upheld the protest. | ||
(h) 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 for the deployment of broadband infrastructure may 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. | ||
(i) 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. | ||
SECTION 4. Chapter 490I, Government Code, is amended by | ||
adding Sections 490I.01061 and 490I.01062 to read as follows: | ||
Sec. 490I.01061. EXISTING FEDERAL FUNDING; REPORTING | ||
REQUIREMENTS. (a) The office may award a grant, loan, or other | ||
financial incentive for deployment of last-mile broadband service | ||
for a location that is subject to a federal commitment to deploy | ||
qualifying broadband service if: | ||
(1) federal funding is forfeited or the recipient of | ||
the federal funding is disqualified from receiving the funding; and | ||
(2) the location otherwise may receive funding under | ||
the program. | ||
(b) An applicant for an award under this chapter that has | ||
been awarded federal funding directly and has entered into an | ||
enforceable commitment to deploy broadband services in a location | ||
shall provide to the office information the office may require | ||
regarding: | ||
(1) the existing enforceable commitment; and | ||
(2) the proposed deployment of broadband. | ||
Sec. 490I.01062. FIBER OPTIC PREFERENCE. (a) The office | ||
shall prioritize broadband infrastructure projects that connect | ||
each end-user location using end-to-end fiber optic facilities that | ||
meet speed, latency, reliability, consistency, scalability, and | ||
related criteria as the office shall determine for each applicable | ||
notice of funds availability. | ||
(b) The office may consider an application for a broadband | ||
infrastructure project that does not employ end-to-end fiber optic | ||
facilities if the use of an alternative technology: | ||
(1) is proposed for a high cost area; | ||
(2) may be deployed at a lower cost; and | ||
(3) meets the criteria established by the office under | ||
Subsection (a). | ||
SECTION 5. Section 490I.0107(b), Government Code, is | ||
amended to read as follows: | ||
(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) [ |
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[ |
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protect all members of the public; | ||
(3) [ |
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broadband development; and | ||
(4) [ |
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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. | ||
SECTION 6. Section 490I.0110(h), Government Code, is | ||
amended to read as follows: | ||
(h) The [ |
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least semiannually [ |
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from the broadband development office for the purpose of advising | ||
the work of the office in implementing the provisions of this | ||
chapter. | ||
SECTION 7. The following provisions of the Government Code | ||
are repealed: | ||
(1) Chapter 490H; | ||
(2) Section 490I.0101(c); and | ||
(3) Section 490I.0105(m). | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |