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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(a), Government Code, is amended |
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to read as follows: |
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(a) The council is composed of one nonvoting member |
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appointed by the state broadband development office and the |
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following 17 voting members: |
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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 |
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regulated small providers, as defined by Section 56.032, Utilities |
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Code, appointed 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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(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, appointed |
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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 member of the house of representatives, |
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appointed by the speaker of the house of representatives; and |
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(14) one state senator, appointed by the lieutenant |
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governor. |
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SECTION 2. Section 490H.006(a), Government Code, is amended |
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to read as follows: |
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(a) The council shall: |
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(1) research and monitor the progress of: |
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(A) broadband development in unserved areas; |
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(B) deployment of broadband services statewide; |
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and |
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(C) purchase of broadband by residential and |
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commercial customers; |
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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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services; 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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SECTION 3. 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. STATE BROADBAND DEVELOPMENT OFFICE |
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Sec. 490I.0101. OFFICE. (a) The state broadband |
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development office is established to promote the expansion of |
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access to broadband service in this state. |
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(b) The state broadband development office is |
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administratively attached to The University of Texas System. The |
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system may employ additional employees necessary for the discharge |
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of the duties of the office. |
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(c) The state broadband development office: |
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(1) is under the direction and control of the board of |
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advisors established by Section 490I.0104; |
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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.0102. POWERS AND DUTIES. (a) The state 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 in this state; |
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(2) engage in outreach to communities regarding the |
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expansion, adoption, and affordability of broadband service and the |
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programs administered by the office; and |
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(3) serve as an information clearinghouse regarding |
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federal programs that provide assistance to local entities with |
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respect to broadband service. |
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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 office authority to |
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regulate broadband services or broadband service providers or, |
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except as provided by Section 490I.0107, to require broadband |
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service providers to submit information to the office. |
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Sec. 490I.0103. THRESHOLD SPEED FOR BROADBAND SERVICE. (a) |
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For the purposes of this chapter and subject to Subsection (b), |
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"broadband service" means Internet service with the capability of |
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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 3 megabits per second or faster. |
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(b) If the Federal Communications Commission adopts |
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download or upload threshold speeds for advanced |
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telecommunications capability under 47 U.S.C. Section 1302 that are |
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higher than those specified by Subsection (a), the state broadband |
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development office by rule may require Internet service to be |
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capable of providing download and upload speeds that match those |
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federal threshold speeds in order to qualify as broadband service |
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under this chapter. |
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(c) Not later than the 60th day after the date the state |
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broadband development office adjusts the minimum download or upload |
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speeds required for Internet service to qualify as broadband |
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service under this chapter, the office shall publish the adjusted |
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minimum download and upload speeds on the comptroller's Internet |
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website. |
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Sec. 490I.0104. BOARD OF ADVISORS. (a) In this section: |
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(1) "Rural area" means a county with a population of |
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less than 100,000 that is not adjacent to a county with a population |
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of more than 350,000. |
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(2) "Urban area" means: |
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(A) a municipality with a population of more than |
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500,000; or |
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(B) a county with a population of more than 1 |
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million. |
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(b) The state broadband development office board of |
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advisors is composed of 12 members, appointed as follows: |
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(1) three members appointed by the governor, |
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including: |
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(A) one member to represent the Texas Economic |
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Development and Tourism Office; and |
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(B) two members to represent nonprofit |
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corporations that work on broadband connectivity, broadband |
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adoption, and digital literacy; |
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(2) three members appointed by the lieutenant |
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governor, including: |
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(A) one member who resides in a rural area; |
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(B) one member who resides in an urban area; and |
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(C) one member to represent the public education |
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community; |
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(3) three members appointed by the speaker of the |
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house of representatives, including: |
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(A) one member who resides in a rural area; |
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(B) one member who resides in a county that: |
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(i) is adjacent to an international border; |
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(ii) is located not more than 150 miles from |
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the Gulf of Mexico; and |
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(iii) has a population of more than 60,000; |
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and |
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(C) one member to represent the health and |
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telemedicine industry; |
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(4) one member appointed by the board of regents of The |
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University of Texas System; |
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(5) one member appointed by the board of regents of the |
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Texas Tech University System; and |
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(6) one nonvoting member appointed by the state |
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broadband development office to represent the office. |
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(c) Members of the board of advisors serve at the pleasure |
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of the appointing authority for staggered two-year terms, with the |
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terms of the members described by Subsections (b)(1) and (2) |
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expiring February 1 of each odd-numbered year and the terms of the |
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members described by Subsections (b)(3), (4), (5), and (6) expiring |
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February 1 of each even-numbered year. A member may serve more than |
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one term. |
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(d) Not later than the 30th day after the date a member's |
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term expires, the appropriate appointing authority shall appoint a |
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replacement in the same manner as the original appointment. |
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(e) If a vacancy occurs on the board of advisors, the |
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appropriate appointing authority shall appoint a successor in the |
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same manner as the original appointment to serve for the remainder |
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of the unexpired term. The appropriate appointing authority shall |
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appoint the successor not later than the 30th day after the date the |
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vacancy occurs. |
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(f) The board of advisors shall meet at least once per month |
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with representatives from the state broadband development office |
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for the purpose of directing and overseeing the work of the office |
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in implementing the provisions of this chapter. |
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(g) The board of advisors may retain employees to discharge |
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the duties of the office. |
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(h) A person who is professionally affiliated with a person |
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serving as a member of the board of advisors is not eligible for |
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funding from the broadband development program established under |
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Section 490I.0107. |
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(i) The board of advisors may consult with stakeholders with |
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technical expertise in the area of broadband and telecommunication |
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technology. |
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(j) Meetings of the board of advisors are subject to Chapter |
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551. |
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Sec. 490I.0105. PARTICIPATION IN PROCEEDINGS OF FEDERAL |
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COMMUNICATIONS COMMISSION. (a) The state broadband development |
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office may monitor, participate in, and provide input in |
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proceedings of the Federal Communications Commission related to the |
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geographic availability and deployment of broadband service in this |
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state to ensure that: |
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(1) the information available to the commission |
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reflects the current status of geographic availability and |
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deployment of broadband service in this 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 that will enable the office to |
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participate in the process described by Subsection (b). |
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Sec. 490I.0106. BROADBAND DEVELOPMENT MAP. (a) The state |
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broadband development office shall develop and maintain a public |
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Internet website. |
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(b) The office shall create, update annually, and publish on |
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the office's Internet website a map classifying each designated |
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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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(c) The office by rule may determine the scope of a |
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designated area under Subsection (b). |
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(d) After creation of the initial map described in |
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Subsection (b), the office may evaluate the usefulness of the |
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standards for eligible and ineligible areas outlined in Subsection |
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(b) and, if appropriate, make a recommendation to the legislature |
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to revise the standards. |
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(e) The map must display: |
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(1) the number of broadband service providers that |
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serve each eligible 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 school campus in this state with an |
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indication of whether the public school campus has access to |
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broadband service. |
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(f) The office must create, update, and publish the map in a |
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manner consistent with the Federal Communications Commission |
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mapping methodology prescribed under the Broadband DATA Act (Pub. |
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L. No. 116-130). |
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(g) Except as provided by Subsection (h), 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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(h) If information from the Federal Communications |
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Commission is not sufficient for the office to create or update the |
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map, the office may request the necessary information from a |
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political subdivision or broadband service provider, and the |
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subdivision or provider may report the information to the office. |
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The office may not require a subdivision or provider to report |
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information in a format different from the format required by the |
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Federal Communications Commission mapping methodology prescribed |
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under the Broadband DATA Act (Pub. L. No. 116-130). |
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(i) Information a broadband service provider reports to the |
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office under Subsection (h) 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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(j) 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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(k) The office may release information reported under |
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Subsection (h) to a contractor providing services under Subsection |
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(j). 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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(l) A person who contracts under Subsection (j) 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 contract is in effect. |
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(m) 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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The criteria may also include community surveys regarding the |
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reliability of Internet service, where available. |
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(n) 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 office's Internet website. |
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(o) Not later than the 45th day after the date that a |
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broadband provider receives notice under Subsection (n), 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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(p) Not later than the 75th day after the date that a |
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broadband provider receives notice under Subsection (n), 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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(q) 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 (b); and |
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(2) meets the requirements of Subsection (f). |
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Sec. 490I.0107. BROADBAND DEVELOPMENT PROGRAM. (a) The |
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state broadband development office shall establish a program to |
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award 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.0106. |
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(b) The office shall establish and publish eligibility |
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criteria for award recipients. The criteria must: |
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(1) include consideration of grants and other |
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financial incentives awarded from the federal government for the |
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deployment of broadband service in a designated area; |
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(2) require that grants, loans, and other financial |
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incentives awarded through the program be used only for capital |
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expenses, purchase or lease of property, and other expenses, |
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including backhaul and transport, that will facilitate the |
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provision or adoption of broadband service; and |
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(3) prioritize eligible areas in which the lowest |
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percentage of addresses have access to broadband service. |
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(c) Notwithstanding Subsection (b)(3), the office may |
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establish eligibility criteria that take into account a cost |
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benefit analysis for awarding money to the eligible areas described |
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by that subdivision. |
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(d) 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.0106; |
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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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(e) An award granted under this section does not affect |
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distributions received by a broadband provider from the state |
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universal service fund established under Section 56.021, Utilities |
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Code. |
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Sec. 490I.0108. BROADBAND DEVELOPMENT FUND. (a) The |
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broadband development fund is a special fund in the state treasury |
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outside of the general revenue fund. |
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(b) The fund consists of: |
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(1) appropriations of money to the fund 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 fund. |
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(c) The comptroller shall deposit to the credit of the fund |
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federal money received by the state for the purpose of broadband |
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development, to the extent permitted by state and federal law. |
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(d) Money in the fund may be appropriated only to the state |
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broadband development office for purposes of: |
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(1) administering the broadband development program; |
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(2) creating or updating the map described by Section |
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490I.0106; |
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(3) creating or updating the state broadband plan |
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under Section 490I.0109; or |
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(4) engaging in outreach to communities regarding the |
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programs administered by the office and the expansion, adoption, |
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and affordability of broadband services and equipment. |
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(e) The fund is exempt from the application of Section |
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404.071. |
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Sec. 490I.0109. STATE BROADBAND PLAN. (a) The state |
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broadband development office shall prepare a state broadband plan |
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that establishes long-term goals for greater access to and |
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affordability and adoption 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) collaborate, to the extent possible, 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) give consideration to the policy recommendations |
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of the 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) prioritize broadband needs related to public |
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education and state and local education agencies, including |
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agencies involved in the electronic administration of all |
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assessment instruments required under Section 39.023, Education |
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Code. |
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Sec. 490I.0110. RULEMAKING. The state broadband |
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development office may adopt rules necessary to implement this |
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chapter. Rules must be: |
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(1) proposed and adopted according to Chapter 2001; |
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and |
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(2) approved by a majority vote of the board of |
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advisors. |
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SECTION 4. Not later than November 1, 2021, each appointing |
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authority shall appoint the members of the state broadband |
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development office board of advisors as required by Section |
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490I.0104, Government Code, as added by this Act. The board of |
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advisors may not take action until a majority of the members have |
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taken office. |
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SECTION 5. Not later than the first anniversary of the |
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effective date of this Act, the state broadband development office |
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established by Section 490I.0101, Government Code, as added by this |
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Act, shall prepare the initial state broadband plan required by |
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Section 490I.0109, Government Code, as added by this Act. |
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SECTION 6. (a) The state broadband development office |
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established by Section 490I.0101, Government Code, as added by this |
|
Act, shall publish the map required by Section 490I.0106, |
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Government Code, as added by this Act, on the office's Internet |
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website not later than January 1, 2023. |
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(b) Not later than September 1, 2022, the office shall |
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publish on the office's Internet website: |
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(1) a map created by the Federal Communications |
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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 |
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this subsection. |
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(c) For the purpose of administering the broadband |
|
development program established by Section 490I.0107, Government |
|
Code, as added by this Act, the office shall use a map described by |
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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.0106, Government Code, as added by this Act. |
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SECTION 7. 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 |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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* * * * * |