Enrolled Bill Summary

Senate Bill 1238	Senate Author:  Nichols et al.
Effective:  6-2-23	House Sponsor:  Ashby et al.

Senate Bill 1238 amends the Government Code to revise provisions relating to the administration of the broadband development office, the development of the state broadband development map, and the state's broadband development program to better align existing state statute with the updated federal guidelines regarding broadband mapping and availability. Specifically, among other provisions, the bill does the following:

·       increases speed thresholds for Internet service to qualify as "broadband service" and provides for latency to be factored in when determining whether service meets the qualifications to be considered broadband service;

·       requires the map to classify areas of Texas as "served," "unserved," or "underserved," and establishes statutory definitions for each term;

·       expands the purposes for which the office may award financial incentives to include eligible broadband infrastructure projects designed to provide qualifying broadband service to unserved and underserved locations, middle‑mile broadband infrastructure projects, and projects not involving the deployment of broadband infrastructure that expand the accessibility, affordability, or adoption of broadband service;

·       establishes restrictions on the authority of the office to award a financial incentive for deployment of last‑mile broadband service for a location that is subject to a federal commitment to deploy qualifying broadband service; and

·       requires the office to prioritize funding for projects that employ fiber optic connectivity.