By Sibley S.B. No. 249
75R538 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the telecommunications infrastructure fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.606(a), Public Utility Regulatory Act
1-5 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-6 amended by amending Subdivision (5) and adding Subdivision (10) to
1-7 read as follows:
1-8 (5) "School district" includes an independent school
1-9 district, a common school district, and a rural high school
1-10 district [has the meaning assigned by Section 19.001, Education
1-11 Code].
1-12 (10) "Taxable telecommunications receipts" means
1-13 taxable telecommunications receipts reported under Chapter 151, Tax
1-14 Code.
1-15 SECTION 2. Sections 3.606(j)-(v), Public Utility Regulatory
1-16 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), are
1-17 amended to read as follows:
1-18 (j) An annual assessment is imposed on each
1-19 telecommunications utility and each commercial mobile service
1-20 provider doing business in this state. The assessment is imposed
1-21 at the rate of 1.25 percent of the taxable telecommunications
1-22 receipts of each telecommunications utility and commercial mobile
1-23 service provider subject to the assessment, subject to Subsection
1-24 (k) of this section.
2-1 (k) The total amount deposited to the credit of the fund,
2-2 excluding interest and loan repayments, may not exceed $1.5
2-3 billion. Not later than August 31 of each year, the comptroller
2-4 shall determine the total amount, excluding interest and loan
2-5 repayments, that has been deposited to the credit of the fund
2-6 during that fiscal year and the preceding fiscal years. If the
2-7 comptroller determines that a total of $1.2 billion or more,
2-8 excluding interest and loan repayments, has been deposited to the
2-9 credit of the fund, the comptroller shall impose the assessment
2-10 during the next fiscal year at a rate that the comptroller
2-11 estimates is sufficient to produce the amount necessary to result
2-12 in the deposit in the fund of a total of not more than $1.5
2-13 billion, excluding interest and loan repayments. The comptroller
2-14 may not collect the assessment during a fiscal year if the
2-15 comptroller determines after the yearly review that the total
2-16 amount deposited to the credit of the fund during that fiscal year
2-17 and the preceding fiscal years is $1.49 billion or more, excluding
2-18 interest and loan repayments, and it is not possible to impose the
2-19 assessment during the next fiscal year at a practical rate without
2-20 collecting more than a total of $1.5 billion, excluding interest
2-21 and loan repayments.
2-22 (l) [The fund is composed of the telecommunications
2-23 utilities account and the commercial mobile service providers
2-24 account. The telecommunications utilities account is financed by
2-25 an annual assessment on all telecommunications utilities doing
2-26 business in this state. Each telecommunications utility shall pay
2-27 the annual assessment in accordance with the ratio that the annual
3-1 taxable telecommunications receipts reported by that
3-2 telecommunications utility under Chapter 151, Tax Code, bears to
3-3 the total annual taxable telecommunications receipts reported by
3-4 all telecommunications utilities under Chapter 151, Tax Code.]
3-5 [(k) The commercial mobile service providers account is
3-6 financed by an annual assessment on all commercial mobile service
3-7 providers doing business in this state. Each commercial mobile
3-8 service provider shall pay the annual assessment in accordance with
3-9 the ratio that the annual taxable telecommunications receipts
3-10 reported by that provider under Chapter 151, Tax Code, bears to the
3-11 total annual taxable telecommunications receipts reported by all
3-12 commercial mobile service providers under Chapter 151, Tax Code.]
3-13 [(l) For the fiscal year beginning September 1, 1995, and
3-14 for the nine fiscal years immediately following that year, for a
3-15 total of 10 years, the comptroller shall assess and collect a
3-16 total annual amount of $75 million from telecommunications
3-17 utilities and a total annual amount of $75 million from commercial
3-18 mobile service providers. The amounts assessed against both the
3-19 telecommunications utilities and the commercial mobile service
3-20 providers shall be assessed and collected in each year without
3-21 respect to whether all of the funds previously collected and
3-22 deposited in either or both accounts have been disbursed or spent
3-23 due to lack of demand or otherwise.]
3-24 [(m)] The comptroller may require telecommunications
3-25 utilities and commercial mobile service providers to provide any
3-26 reports and information as are needed to fulfill the duties of the
3-27 comptroller provided by this section. Any information provided to
4-1 the comptroller by a telecommunications utility or commercial
4-2 mobile service provider under this section is confidential and
4-3 exempt from disclosure under Chapter 552, Government Code.
4-4 (m) The comptroller shall deposit 50 percent of the
4-5 [(n) All] amounts collected by the comptroller [from
4-6 telecommunications utilities] under Subsection (j) [(l)] of this
4-7 section [shall be deposited] to the credit of the public schools
4-8 [telecommunications utilities] account in the telecommunications
4-9 infrastructure fund in the state treasury. The comptroller shall
4-10 deposit the remainder of the [All] amounts collected by the
4-11 comptroller under Subsection (j) of this section [from commercial
4-12 mobile service providers under Subsection (l) of this section shall
4-13 be deposited] to the credit of the qualifying entities [commercial
4-14 mobile service providers] account in the telecommunications
4-15 infrastructure fund in the state treasury. Interest earned on
4-16 money in an account shall be deposited to the credit of that
4-17 account. Money in the fund may be appropriated only for a use
4-18 consistent with the purposes of this section. [Sections 403.094
4-19 and 403.095, Government Code, do not apply to the fund or either
4-20 account.]
4-21 (n) [(o)] From funds appropriated to the board, the
4-22 comptroller shall issue warrants as requested by the board in
4-23 accordance with the purposes of this section, including warrants to
4-24 grantees of the board in amounts certified by the board to the
4-25 comptroller.
4-26 (o) [(p)] In addition to any appropriated funds, the board
4-27 may accept gifts, grants, and donations and use them for the
5-1 purposes of this section.
5-2 (p) [(q)] The board shall use money in the public schools
5-3 [telecommunications utilities] account to award grants and loans
5-4 in accordance with this section to fund equipment [purchases],
5-5 including computers, printers, computer labs, and video equipment,
5-6 for public schools and for intracampus and intercampus wiring to
5-7 enable those public schools to use the equipment. The board shall
5-8 use money in the qualifying entities [commercial mobile service
5-9 providers] account for any purpose authorized by this section,
5-10 including equipment [purchases], wiring, material, program
5-11 development, training, installation costs, or any statewide
5-12 telecommunications network.
5-13 (q) [(r)] Subject to the limitations prescribed by
5-14 Subsection (p) [(q)] of this section, the board may award grants
5-15 to projects and proposals that:
5-16 (1) provide equipment and infrastructure needed for
5-17 distance learning, information sharing programs of libraries, and
5-18 telemedicine services;
5-19 (2) develop and implement the initial or prototypical
5-20 delivery of courses and other distance learning material;
5-21 (3) train teachers, faculty, librarians, or
5-22 technicians in the use of distance learning or information sharing
5-23 materials and equipment;
5-24 (4) develop curricula and instructional material
5-25 especially suited for delivery by telecommunications;
5-26 (5) provide electronic information; or
5-27 (6) establish or carry out information sharing
6-1 programs.
6-2 (r) [(s)] Subject to the limitations prescribed by
6-3 Subsection (p) [(q)] of this section, the board may award loans to
6-4 projects and proposals to acquire equipment needed for distance
6-5 learning and telemedicine projects.
6-6 (s) [(t)] In awarding grants and loans in accordance with
6-7 this section, the board shall give priority to projects and
6-8 proposals that:
6-9 (1) represent collaborative efforts involving multiple
6-10 schools, universities, or libraries;
6-11 (2) contribute matching funds from other sources;
6-12 (3) show promise of becoming self-sustaining;
6-13 (4) help users of information learn new ways to
6-14 acquire and use information through telecommunications;
6-15 (5) extend specific educational information and
6-16 knowledge services to groups not previously served, especially
6-17 those in rural and remote areas;
6-18 (6) result in more efficient or effective learning
6-19 than through conventional teaching;
6-20 (7) improve the effectiveness and efficiency of health
6-21 care delivery; or
6-22 (8) take advantage of distance learning opportunities
6-23 in rural and urban school districts with disproportionate numbers
6-24 of at-risk youths or with high dropout rates.
6-25 (t) [(u)] The Texas Higher Education Coordinating Board, the
6-26 Texas [Central] Education Agency, and the Texas State Library and
6-27 Archives Commission shall adopt policies and procedures in
7-1 consultation with the board that are designed to aid the board in
7-2 achieving the purposes of this section.
7-3 (u) [(v)] In distributing funds to public schools, the board
7-4 shall take into account the relative property wealth per student of
7-5 the recipient school districts and recognize the unique needs of
7-6 rural communities.
7-7 SECTION 3. (a) A reference in law to the
7-8 "telecommunications utilities account" means the "public schools
7-9 account." A reference in law to the "commercial mobile service
7-10 providers account" means the "qualifying entities account."
7-11 (b) On the effective date of this Act:
7-12 (1) money in the telecommunications utilities account
7-13 is transferred to the public schools account; and
7-14 (2) money in the commercial mobile service providers
7-15 account is transferred to the qualifying entities account.
7-16 (c) The validity of an act done, an obligation incurred, or
7-17 a right accrued before the transfer of money under Subsection (b)
7-18 of this section is not affected by the transfer.
7-19 SECTION 4. (a) This Act takes effect on the first day of
7-20 the first calendar quarter beginning on or after the earliest date
7-21 that it may take effect under Section 39, Article III, Texas
7-22 Constitution, and applies only to an assessment made on or after
7-23 that date.
7-24 (b) The change in law made by this Act does not affect
7-25 liability for an assessment that accrued before the effective date
7-26 of this Act. That liability continues in effect as if this Act had
7-27 not been enacted, and the former law is continued in effect for the
8-1 collection of an assessment due and for civil and criminal
8-2 enforcement of the liability for that assessment.
8-3 SECTION 5. The importance of this legislation and the
8-4 crowded condition of the calendars in both houses create an
8-5 emergency and an imperative public necessity that the
8-6 constitutional rule requiring bills to be read on three several
8-7 days in each house be suspended, and this rule is hereby suspended,
8-8 and that this Act take effect and be in force according to its
8-9 terms, and it is so enacted.