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A BILL TO BE ENTITLED
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AN ACT
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relating to the expansion of broadband services to certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 490H.002, Government Code, is amended to |
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read as follows: |
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Sec. 490H.002. COMPOSITION. (a) The council is composed of |
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one nonvoting member appointed by the broadband development office |
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and the following [17] voting members appointed by the governor: |
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(1) two representatives of separate Internet service |
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provider industry associations, including at least one |
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representative of an association that primarily represents small |
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providers, as defined by Section 56.032, Utilities Code[, appointed |
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by the governor]; |
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(2) one representative of the health information |
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technology industry[, appointed by the governor]; |
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(3) two representatives of unaffiliated nonprofit |
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organizations that advocate for elderly persons statewide[, |
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appointed by the governor]; |
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(4) two representatives of unaffiliated nonprofit |
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organizations that have a demonstrated history of working with the |
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legislature and the public to identify solutions for expanding |
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broadband to rural, unserved areas of this state[, appointed by the |
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governor]; |
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(5) one representative of an agricultural advocacy |
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organization in this state[, appointed by the governor]; |
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(6) one representative of a hospital advocacy |
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organization in this state[, appointed by the governor]; |
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(7) one representative of a medical advocacy |
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organization in this state[, appointed by the governor]; |
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(8) one county official who serves in an elected |
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office of a county with a population of less than 35,000[, appointed |
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by the governor]; |
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(8-a) one county clerk of a county with a population of |
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less than 60,000; |
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(8-b) one sheriff of a county with a population of less |
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than 60,000; |
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(9) one municipal official who serves in an elected |
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office of a municipality with a population of less than 20,000 |
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located in a county with a population of less than 60,000[, |
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appointed by the governor]; |
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(10) one representative of an institution of higher |
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education that has its main campus in a county with a population of |
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less than 60,000[, appointed by the governor]; |
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(11) one representative of a school district with a |
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territory that includes only counties with a population of less |
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than 60,000[, appointed by the governor]; |
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(12) one representative from a library association[, |
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appointed by the governor]; |
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(13) one hospital administrator employed by a licensed |
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hospital located in a county with a population of less than 60,000 |
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[member of the house of representatives, appointed by the speaker |
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of the house of representatives]; [and] |
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(14) one representative from an electric cooperative |
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providing broadband [state senator, appointed by the lieutenant |
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governor]; |
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(15) one representative of a school district with a |
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territory that includes all or part of a county with a population of |
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more than 500,000; and |
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(16) one representative of a nonprofit organization |
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that has a demonstrated history of facilitating broadband adoption |
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by offering digital literacy training or providing access to |
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broadband technology. |
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(b) The entities making appointments under Subsection (a) |
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shall, to the greatest extent practicable, ensure that the |
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composition of the council reflects the racial and ethnic |
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composition of the state. |
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(c) [(b)] A member of the council appointed under |
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Subsection (a) serves for a five-year term. |
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(d) [(c)] A vacancy on the council is filled in the same |
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manner as the original appointment. |
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SECTION 2. Section 490H.003, Government Code, is amended to |
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read as follows: |
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Sec. 490H.003. COUNCIL OFFICERS; COMMITTEES [PRESIDING |
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OFFICER]. (a) The governor shall designate from the members of the |
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council a chair and vice chair [the presiding officer] of the |
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council for two-year terms. |
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(b) The chair and the vice chair each must reside in a county |
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with a population of: |
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(1) less than 100,000; or |
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(2) more than 250,000. |
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(c) When designating a chair or vice chair, the governor |
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shall ensure that: |
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(1) during a term when the chair resides in a county |
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with a population of more than 250,000, the vice chair resides in a |
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county with a population of less than 100,000; |
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(2) during a term when the chair resides in a county |
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with a population of less than 100,000, the vice chair resides in a |
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county with a population of more than 250,000; |
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(3) persons described by Subdivision (1) are |
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immediately succeeded by persons described by Subdivision (2); and |
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(4) persons described by Subdivision (2) are |
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immediately succeeded by persons described by Subdivision (1). |
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(d) The chair may appoint subcommittees and technical |
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advisory committees to assist with the duties of the council. |
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SECTION 3. Section 490H.004, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) The council shall convene at the call of the chair or, if |
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the chair is unable to call a meeting or does not call at least one |
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meeting to meet the requirements of Subsection (a), at the call of |
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the vice chair [presiding officer]. |
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(c) The council shall: |
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(1) post the agenda for each council meeting on the |
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council's Internet website at least 48 hours before the meeting; |
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and |
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(2) not later than the 14th day after the date of each |
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meeting, post on the council's Internet website the minutes or |
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recording of the meeting required under Section 551.021. |
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(d) As an exception to Chapter 551 and other law, the |
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council may meet by use of video conference call. This subsection |
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applies for purposes of constituting a quorum, for purposes of |
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voting, and for any other purpose allowing a member of the council |
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to fully participate in any meeting of the council. A meeting held |
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by use of video conference call: |
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(1) must be open to the public, which includes a video |
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broadcast of the meeting in real time through the council's |
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Internet website; |
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(2) must specify in the meeting notice the link to the |
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video broadcast described by Subdivision (1); and |
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(3) must provide two-way video communication between |
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all council members attending the meeting. |
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SECTION 4. Sections 490H.006(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The council shall: |
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(1) research the progress of: |
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(A) broadband development in unserved areas; |
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(B) deployment of broadband statewide; |
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(C) purchase of broadband by residential and |
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commercial customers; and |
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(D) patterns and discrepancies in access to |
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broadband; |
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(2) identify barriers to residential and commercial |
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broadband deployment in unserved areas; |
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(3) study: |
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(A) technology-neutral solutions to overcome |
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barriers identified under Subdivision (2); and |
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(B) industry and technology trends in broadband; |
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and |
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(4) analyze how statewide access to broadband would |
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benefit: |
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(A) economic development; |
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(B) the delivery of educational opportunities in |
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higher education and public education; |
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(C) state and local law enforcement; |
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(D) state emergency preparedness; and |
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(E) the delivery of health care services, |
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including telemedicine and telehealth. |
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(b) The council may research another matter related to |
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broadband [only if a majority of the council approves researching |
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the matter]. |
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SECTION 5. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 490I to read as follows: |
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CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE |
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Sec. 490I.0101. THRESHOLD SPEED FOR BROADBAND SERVICE. (a) |
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For purposes of this chapter, subject to Subsection (b), "broadband |
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service" means Internet service with the capability of providing: |
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(1) a download speed of 25 megabits per second or |
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faster; and |
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(2) an upload speed of three megabits per second or |
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faster. |
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(b) If the Federal Communications Commission adopts upload |
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or download threshold speeds for advanced telecommunications |
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capability under 47 U.S.C. Section 1302 that are different than |
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those specified by Subsection (a), the comptroller may require |
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Internet service to be capable of providing download or upload |
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speeds that match that federal threshold in order to qualify under |
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this chapter as "broadband service." |
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(c) Not later than the 60th day after the date the |
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comptroller adjusts the minimum download or upload speeds required |
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for Internet service to qualify as "broadband service," the |
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broadband development office shall publish on the comptroller's |
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Internet website the adjusted minimum download and upload speeds. |
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Sec. 490I.0102. OFFICE. (a) The broadband development |
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office is an office within the comptroller's office. |
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(b) The comptroller may employ additional employees |
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necessary for the discharge of the duties of the broadband |
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development office. |
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(c) The broadband development office: |
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(1) is under the direction and control of the |
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comptroller; |
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(2) shall promote the policies enumerated in this |
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chapter; and |
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(3) may perform any action authorized by state or |
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federal law. |
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Sec. 490I.0103. POWERS AND DUTIES. (a) The broadband |
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development office shall: |
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(1) serve as a resource for information regarding |
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broadband service and digital connectivity in this state; |
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(2) engage in outreach to communities regarding the |
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expansion, adoption, affordability, and use of broadband service |
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and the programs administered by the office; and |
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(3) serve as an information clearinghouse in relation |
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to: |
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(A) federal programs providing assistance to |
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local entities with respect to broadband service; and |
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(B) addressing barriers to digital connectivity. |
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(b) The office has the powers necessary to carry out the |
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duties of the office under this chapter, including the power to |
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enter into contracts and other necessary instruments. |
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(c) This chapter does not grant the comptroller authority to |
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regulate broadband services or broadband service providers or, |
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except as required of an applicant or recipient under Section |
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490I.0106, to require broadband service providers to submit |
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information to the comptroller. |
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(d) For the purpose of carrying out a duty or power of the |
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office under this chapter, the office may: |
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(1) advertise in any available media; and |
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(2) promote the office's programs and functions. |
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Sec. 490I.0104. PARTICIPATION IN PROCEEDINGS OF THE FEDERAL |
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COMMUNICATIONS COMMISSION. (a) The broadband development office |
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may monitor, participate in, and provide input in proceedings of |
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the Federal Communications Commission related to the geographic |
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availability and deployment of broadband service in this state to |
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ensure that: |
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(1) the information available to the Federal |
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Communications Commission reflects the current status of |
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geographic availability and deployment of broadband service in this |
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state; and |
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(2) this state is best positioned to benefit from |
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broadband service deployment programs administered by federal |
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agencies. |
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(b) The office may participate in a process established by |
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the Federal Communications Commission allowing governmental |
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entities to challenge the accuracy of the commission's information |
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regarding the geographic availability and deployment of broadband |
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service. |
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(c) The office shall establish procedures and a data |
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collection process in accordance with rules established by the |
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Federal Communications Commission for the Digital Opportunity Data |
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Collection that will enable the office to participate in the |
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process described by Subsection (b). |
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Sec. 490I.0105. BROADBAND DEVELOPMENT MAP. (a) The |
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broadband development office shall create, update annually, and |
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publish on the comptroller's Internet website a map classifying |
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each designated area in this state as: |
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(1) an eligible area, if fewer than 80 percent of the |
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addresses in the designated area have access to broadband service; |
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or |
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(2) an ineligible area, if 80 percent or more of the |
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addresses in the designated area have access to broadband service. |
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(b) The comptroller by rule may determine the scope of a |
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designated area under Subsection (a). |
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(c) The map required by Subsection (a) must display: |
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(1) the number of broadband service providers that |
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serve each designated area; |
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(2) for each eligible area, an indication of whether |
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the area has access to Internet service that is not broadband |
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service, regardless of the technology used to provide the service; |
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and |
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(3) each public preschool or primary or secondary |
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school in this state and an indication of whether the school has |
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access to broadband service. |
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(d) The office must create, update, and publish the map in a |
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manner consistent with the most current mapping methodology adopted |
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by the Federal Communications Commission. |
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(e) Except as provided by Subsection (c), the office shall |
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use information available from the Federal Communications |
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Commission to create or update the map. |
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(f) If information from the Federal Communications |
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Commission is not available or not sufficient for the office to |
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create or update the map, the office may request the necessary |
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information from a political subdivision or broadband service |
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provider, and the subdivision or provider may report the |
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information to the office. The office may not require a subdivision |
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or provider to report information in a format different from the |
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format required by the most current mapping methodology adopted by |
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the Federal Communications Commission. |
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(g) Information a broadband service provider reports to the |
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office under Subsection (f) and information provided by the Federal |
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Communications Commission, if not publicly available, is |
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confidential and not subject to disclosure under Chapter 552. |
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(h) The office may contract with a private consultant or |
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other appropriate person who is not associated or affiliated with a |
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commercial broadband provider, including a local governmental |
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entity, to provide technical or administrative assistance to the |
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office for the purpose of creating or updating the map. |
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(i) The office may release information reported under |
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Subsection (f) to a contractor providing services under Subsection |
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(h). The contractor shall: |
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(1) keep the information confidential; and |
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(2) return the information to the office on the |
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earliest of the following dates: |
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(A) the date the contract expires; |
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(B) the date the contract is terminated; or |
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(C) the date the mapping project for which the |
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contractor is providing services is complete. |
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(j) A person who contracts under Subsection (h) may not |
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provide services for a broadband provider in this state before the |
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second anniversary of the last day the person was under the |
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contract. |
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(k) The office shall establish criteria for determining |
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whether a designated area should be reclassified as an eligible |
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area or an ineligible area. The criteria must include an evaluation |
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of Internet speed test data and information on end user addresses. |
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(l) A broadband service provider or political subdivision |
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may petition the office to reclassify a designated area on the map |
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as an eligible area or ineligible area. The office shall provide |
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notice of the petition to each broadband service provider that |
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provides broadband service to the designated area and post notice |
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of the petition on the comptroller's Internet website. |
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(m) Not later than the 45th day after the date that a |
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broadband provider receives notice under Subsection (l), the |
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provider shall provide information to the office showing whether |
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the designated area should or should not be reclassified. |
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(n) Not later than the 75th day after the date that a |
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broadband provider receives notice under Subsection (l), the office |
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shall determine whether to reclassify the designated area on the |
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map and update the map as necessary. A determination made by the |
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office under this subsection is not a contested case for purposes of |
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Chapter 2001. |
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(o) The office is not required to create, update, or publish |
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a map under this section if the Federal Communications Commission |
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produces a map that: |
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(1) enables the office to identify eligible and |
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ineligible areas, as described by Subsection (a); and |
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(2) meets the requirements of Subsection (c). |
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Sec. 490I.0106. BROADBAND DEVELOPMENT PROGRAM. (a) The |
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broadband development office shall establish a program to award |
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grants, low-interest loans, and other financial incentives to |
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applicants for the purpose of expanding access to and adoption of |
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broadband service in designated areas determined to be eligible |
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areas by the office under Section 490I.0105. |
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(b) The office shall establish and publish criteria for |
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making awards under Subsection (a). The office shall: |
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(1) take into consideration grants and other financial |
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incentives awarded by the federal government for the deployment of |
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broadband service in a designated area; |
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(2) prioritize the applications of applicants that |
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will expand access to and adoption of broadband service in eligible |
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areas in which the lowest percentage of addresses have access to |
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broadband service; |
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(3) prioritize an applicant that the broadband |
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provided by the applicant will maintain a program to, by default, |
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block access to pornographic or other obscene materials; and |
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(4) prioritize the applications of applicants that |
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will expand access to broadband service in public and private |
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primary and secondary schools and institutions of higher education. |
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(c) The office may not: |
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(1) favor a particular broadband technology in |
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awarding grants, loans, or other financial incentives; |
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(2) award grants, loans, or other financial incentives |
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to a broadband provider that does not report information requested |
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by the office under Section 490I.0105; |
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(3) award a grant, loan, or other financial incentive |
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to a noncommercial provider of broadband service for an eligible |
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area if a commercial provider of broadband service has submitted an |
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application for the eligible area; or |
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(4) take into consideration distributions from the |
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state universal service fund established under Section 56.021, |
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Utilities Code, when deciding to award grants, loans, or other |
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financial incentives. |
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(d) The office shall: |
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(1) post on the comptroller's Internet website |
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information about the application process and the receipt of awards |
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and shall update that information as necessary; and |
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(2) post on the comptroller's Internet website |
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information from each application, including the applicant's name, |
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the area targeted for expanded broadband service access or adoption |
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by the application, and any other information the office considers |
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relevant or necessary, for a period of at least 30 days before the |
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office makes a decision on the application. |
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(e) During the 30-day posting period described by |
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Subsection (d) for an application, the office shall accept from any |
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interested party a written protest of the application relating to |
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whether the applicant or project is eligible for an award or should |
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not receive an award based on the criteria prescribed by the office. |
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(f) Notwithstanding any deadline for submitting an |
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application, if the office upholds a protest submitted under |
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Subsection (e) on the grounds that one or more of the addresses in |
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an eligible area subject to the application have access to |
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broadband service, the applicant may resubmit the application |
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without the challenged addresses not later than 30 days after the |
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date that the office upheld the protest. |
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(g) The office shall establish and publish criteria for |
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award recipients. The criteria must include requirements that |
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grants, loans, and other financial incentives awarded through the |
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program be used only for capital expenses, purchase or lease of |
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property, and other expenses, including backhaul and transport, |
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that will facilitate the provision or adoption of broadband |
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service. |
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(h) An award granted under this section does not affect the |
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eligibility of a telecommunications provider to receive support |
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from the state universal service fund under Section 56.021, |
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Utilities Code. |
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Sec. 490I.0107. STATE BROADBAND PLAN. (a) The broadband |
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development office shall prepare, update, and publish on the |
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comptroller's Internet website a state broadband plan that |
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establishes long-term goals for greater access to and adoption, |
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affordability, and use of broadband service in this state. |
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(b) In developing the state broadband plan, the office |
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shall: |
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(1) to the extent possible, collaborate with state |
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agencies, political subdivisions, broadband industry stakeholders |
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and representatives, and community organizations that focus on |
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broadband services and technology access; |
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(2) consider the policy recommendations of the |
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governor's broadband development council; |
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(3) favor policies that are technology-neutral and |
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protect all members of the public; |
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(4) explore state and regional approaches to broadband |
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development; and |
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(5) examine broadband service needs related to: |
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(A) public safety, including the needs of state |
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agencies involved in the administration of criminal justice, as |
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that term is defined by Article 66.001, Code of Criminal Procedure; |
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(B) public education and state and local |
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education agencies, including any agency involved in the electronic |
|
administration of an assessment instrument required under Section |
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39.023, Education Code; and |
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(C) public health, including the needs of state |
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agencies involved in the administration of public health |
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initiatives such as the Health and Human Services Commission and |
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the Department of State Health Services. |
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Sec. 490I.0108. BROADBAND DEVELOPMENT ACCOUNT. (a) The |
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broadband development account is an account in the general revenue |
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fund. |
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(b) The account consists of: |
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(1) appropriations of money to the account by the |
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legislature; |
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(2) gifts, donations, and grants, including federal |
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grants; and |
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(3) interest earned on the investment of the money in |
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the account. |
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(c) The comptroller shall deposit to the credit of the |
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account federal money received by the state for the purpose of |
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broadband development, to the extent permitted by federal law. |
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(d) Money in the account may be appropriated only to the |
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broadband development office for purposes of: |
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(1) creating or updating the map described by Section |
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490I.0105; |
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(2) administering the broadband development program |
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under Section 490I.0106; |
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(3) creating or updating the state broadband plan |
|
under Section 490I.0107; or |
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(4) engaging in outreach to communities regarding the |
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expansion, adoption, affordability, and use of broadband service |
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and the programs administered by the office. |
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(e) The account is exempt from the application of Sections |
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403.095, 403.0956, and 404.071. |
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Sec. 490I.0109. RULEMAKING. The comptroller may adopt |
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rules as necessary to implement this chapter. |
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SECTION 6. (a) The broadband development office |
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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. |
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(b) Not later than January 1, 2022, the office shall publish |
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on the comptroller's Internet website: |
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(1) a map created by the Federal Communications |
|
Commission that displays the number of broadband service providers |
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that serve each designated area; or |
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(2) a link to a map described by Subdivision (1) of |
|
this subsection. |
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(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 |
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eligible until the office publishes the map required by Section |
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490I.0105, Government Code, as added by this Act. |
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SECTION 7. The broadband development office established by |
|
Section 490I.0102, Government Code, as added by this Act, shall |
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prepare the initial state broadband plan required by Section |
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490I.0107, Government Code, as added by this Act, not later than |
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September 1, 2022. |
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SECTION 8. This Act takes effect September 1, 2021. |