By Turner of Harris H.B. No. 98
75R1091(1) CBH
TEXAS LEGISLATIVE COUNCIL
1-1 Preliminary Draft
1-2 By ____________________ __B. No. ____
1-3 AN ACT
1-4 relating to the telecommunications infrastructure fund.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.606(a)(5), Public Utility Regulatory
1-7 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-8 amended to read as follows:
1-9 (5) "School district" includes an independent school
1-10 district, a common school district, and a rural high school
1-11 district [has the meaning assigned by Section 19.001, Education
1-12 Code].
1-13 SECTION 2. Sections 3.606(j)-(v), Public Utility Regulatory
1-14 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), are
1-15 amended to read as follows:
1-16 (j) An annual assessment is imposed on each
1-17 telecommunications utility and each commercial mobile service
1-18 provider doing business in this state. The assessment is imposed
1-19 at the rate of 1.25 percent of the taxable telecommunications
1-20 receipts of each telecommunications utility and commercial mobile
1-21 service provider subject to the assessment [The fund is composed of
1-22 the telecommunications utilities account and the commercial mobile
1-23 service providers account. The telecommunications utilities
1-24 account is financed by an annual assessment on all
1-25 telecommunications utilities doing business in this state. Each
1-26 telecommunications utility shall pay the annual assessment in
1-27 accordance with the ratio that the annual taxable
1-28 telecommunications receipts reported by that telecommunications
2-1 utility under Chapter 151, Tax Code, bears to the total annual
2-2 taxable telecommunications receipts reported by all
2-3 telecommunications utilities under Chapter 151, Tax Code].
2-4 (k) [The commercial mobile service providers account is
2-5 financed by an annual assessment on all commercial mobile service
2-6 providers doing business in this state. Each commercial mobile
2-7 service provider shall pay the annual assessment in accordance with
2-8 the ratio that the annual taxable telecommunications receipts
2-9 reported by that provider under Chapter 151, Tax Code, bears to the
2-10 total annual taxable telecommunications receipts reported by all
2-11 commercial mobile service providers under Chapter 151, Tax Code.]
2-12 [(l) For the fiscal year beginning September 1, 1995, and
2-13 for the nine fiscal years immediately following that year, for a
2-14 total of 10 years, the comptroller shall assess and collect a
2-15 total annual amount of $75 million from telecommunications
2-16 utilities and a total annual amount of $75 million from commercial
2-17 mobile service providers. The amounts assessed against both the
2-18 telecommunications utilities and the commercial mobile service
2-19 providers shall be assessed and collected in each year without
2-20 respect to whether all of the funds previously collected and
2-21 deposited in either or both accounts have been disbursed or spent
2-22 due to lack of demand or otherwise.]
2-23 [(m)] The comptroller may require telecommunications
2-24 utilities and commercial mobile service providers to provide any
2-25 reports and information as are needed to fulfill the duties of the
2-26 comptroller provided by this section. Any information provided to
2-27 the comptroller by a telecommunications utility or commercial
3-1 mobile service provider under this section is confidential and
3-2 exempt from disclosure under Chapter 552, Government Code.
3-3 (l) The comptroller shall deposit 50 percent of the
3-4 [(n) All] amounts collected by the comptroller [from
3-5 telecommunications utilities] under Subsection (j) [(l)] of this
3-6 section [shall be deposited] to the credit of the public schools
3-7 [telecommunications utilities] account in the telecommunications
3-8 infrastructure fund in the state treasury. The comptroller shall
3-9 deposit the remainder of the [All] amounts collected by the
3-10 comptroller under Subsection (j) of this section [from commercial
3-11 mobile service providers under Subsection (l) of this section shall
3-12 be deposited] to the credit of the ________ [commercial mobile
3-13 service providers] account in the telecommunications infrastructure
3-14 fund in the state treasury. Interest earned on money in an account
3-15 shall be deposited to the credit of that account. Money in the
3-16 fund may be appropriated only for a use consistent with the
3-17 purposes of this section. [Sections 403.094 and 403.095,
3-18 Government Code, do not apply to the fund or either account.]
3-19 (m) [(o)] From funds appropriated to the board, the
3-20 comptroller shall issue warrants as requested by the board in
3-21 accordance with the purposes of this section, including warrants to
3-22 grantees of the board in amounts certified by the board to the
3-23 comptroller.
3-24 (n) [(p)] In addition to any appropriated funds, the board
3-25 may accept gifts, grants, and donations and use them for the
3-26 purposes of this section.
3-27 (o) [(q)] The board shall use money in the public schools
4-1 [telecommunications utilities] account to award grants and loans
4-2 in accordance with this section to fund equipment [purchases],
4-3 including computers, printers, computer labs, and video equipment,
4-4 for public schools and for intracampus and intercampus wiring to
4-5 enable those public schools to use the equipment. The board shall
4-6 use money in the ________ [commercial mobile service providers]
4-7 account for any purpose authorized by this section, including
4-8 equipment [purchases], wiring, material, program development,
4-9 training, installation costs, or any statewide telecommunications
4-10 network.
4-11 (p) [(r)] Subject to the limitations prescribed by
4-12 Subsection (o) [(q)] of this section, the board may award grants
4-13 to projects and proposals that:
4-14 (1) provide equipment and infrastructure needed for
4-15 distance learning, information sharing programs of libraries, and
4-16 telemedicine services;
4-17 (2) develop and implement the initial or prototypical
4-18 delivery of courses and other distance learning material;
4-19 (3) train teachers, faculty, librarians, or
4-20 technicians in the use of distance learning or information sharing
4-21 materials and equipment;
4-22 (4) develop curricula and instructional material
4-23 especially suited for delivery by telecommunications;
4-24 (5) provide electronic information; or
4-25 (6) establish or carry out information sharing
4-26 programs.
4-27 (q) [(s)] Subject to the limitations prescribed by
5-1 Subsection (o) [(q)] of this section, the board may award loans to
5-2 projects and proposals to acquire equipment needed for distance
5-3 learning and telemedicine projects.
5-4 (r) [(t)] In awarding grants and loans in accordance with
5-5 this section, the board shall give priority to projects and
5-6 proposals that:
5-7 (1) represent collaborative efforts involving multiple
5-8 schools, universities, or libraries;
5-9 (2) contribute matching funds from other sources;
5-10 (3) show promise of becoming self-sustaining;
5-11 (4) help users of information learn new ways to
5-12 acquire and use information through telecommunications;
5-13 (5) extend specific educational information and
5-14 knowledge services to groups not previously served, especially
5-15 those in rural and remote areas;
5-16 (6) result in more efficient or effective learning
5-17 than through conventional teaching;
5-18 (7) improve the effectiveness and efficiency of health
5-19 care delivery; or
5-20 (8) take advantage of distance learning opportunities
5-21 in rural and urban school districts with disproportionate numbers
5-22 of at-risk youths or with high dropout rates.
5-23 (s) The board shall adopt a master plan for infrastructure
5-24 development. The plan must cover a five-year period and be updated
5-25 annually. The plan must describe the project, timeline, and
5-26 resource allocation targets for each year included in the plan.
5-27 The board shall publish the plan for public comment after:
6-1 (1) the initial development of the plan;
6-2 (2) each amendment; and
6-3 (3) each annual update.
6-4 (t) [(u)] The Texas Higher Education Coordinating Board, the
6-5 Central Education Agency, and the Texas State Library and Archives
6-6 Commission shall adopt policies and procedures in consultation with
6-7 the board that are designed to aid the board in achieving the
6-8 purposes of this section.
6-9 (u) [(v)] In distributing funds to public schools, the board
6-10 shall take into account the relative property wealth per student of
6-11 the recipient school districts and recognize the unique needs of
6-12 rural communities.
6-13 SECTION 3. (a) This Act takes effect on the first day of
6-14 the first calendar quarter beginning on or after the earliest date
6-15 that it may take effect under Section 39, Article III, Texas
6-16 Constitution, and applies only to an assessment made on or after
6-17 that date.
6-18 (b) The change in law made by this Act does not affect
6-19 liability for an assessment that accrued before the effective date
6-20 of this Act. That liability continues in effect as if this Act had
6-21 not been enacted, and the former law is continued in effect for the
6-22 collection of assessments due and for civil and criminal
6-23 enforcement of the liability for that assessment.
6-24 SECTION 4. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force according to its
7-3 terms, and it is so enacted.