By Brimer H.B. No. 3393
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enhanced availability of broadband Internet access.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 61.001, Utilities code, is amended to
1-5 read as follows:
1-6 Sec. 61.001. Definitions. In this chapter:
1-7 (1) "Broadband" means possessing the capability to
1-8 transmit data at a rate in excess of 144 kilobits per second.
1-9 (2) "Broadband Internet access transport services"
1-10 means the broadband transmission of data between an end user and an
1-11 Internet service provider's point of interconnection with the
1-12 broadband Internet access transport provider's facilities.
1-13 (3) "Internet" means collectively the myriad of
1-14 computer and telecommunications facilities, including equipment and
1-15 operating software, that comprise the interconnected world-wide
1-16 network of networks that employ the Transmission Control
1-17 Protocol/Internet Protocol, or any predecessor or successor
1-18 protocols to such protocol, to communicate information of all kinds
1-19 by wire or radio.
1-20 (4) "Internet service provider" means a person who
1-21 provides a service that enables end users to access content,
2-1 information, electronic mail, or other services offered over the
2-2 Internet.
2-3 [(1)] (5) "Management consulting" means the
2-4 development, refinement, and coordination of a strategy to support
2-5 a client's business direction, positively affect business
2-6 performance, and improve an operating result, in a field such as
2-7 business planning, operations, information technology, marketing,
2-8 finance, and human resources.
2-9 [(2)] (6) "Process management" means the ongoing
2-10 responsibility for direction and operation of a business process in
2-11 an enterprise in a field such as administration, finance, human
2-12 resources, operations, sales, or marketing.
2-13 [(3)] (7) "Systems development" means the creation,
2-14 migration, or improvement of a computer system, including hardware
2-15 and software, to:
2-16 (A) meet a specific business need; or
2-17 (B) take advantage of a change in information
2-18 technology.
2-19 [(4)] (8) "Systems integration" means the acquisition,
2-20 installation, and integration of hardware, software,
2-21 communications, and related support components or services.
2-22 [(5)] (9) "Systems management" means the ongoing
2-23 management and operation of information technology components,
2-24 ranging from specialized system applications to an enterprise's
2-25 entire information technology function, including related
3-1 facilities and personnel.
3-2 (10) "Wireline broadband Internet access transport
3-3 provider" means a person who provides broadband Internet access
3-4 transport services, by aid of wire, cable or other like connection,
3-5 over facilities owned by it or under its control for a fee directly
3-6 or indirectly to the public. This term shall also include an
3-7 Internet service provider who self-provides, over facilities owned
3-8 by it or under its control, the wireline broadband transport of its
3-9 services between itself and its end users.
3-10 SECTION 2. Subchapter B, Chapter 61, Utilities Code, is
3-11 amended by adding Section 61.027 to read as follows:
3-12 Sec. 61.027. Duty of Certain Providers. Each wireline
3-13 broadband Internet access transport provider who is, or is an
3-14 affiliate of, an Internet service provider shall provide any other
3-15 requesting Internet service provider access to its broadband
3-16 Internet access transport services, unbundled from the provision of
3-17 content, on rates, terms, and conditions that are at least as
3-18 favorable as those on which it provides such access to itself, to
3-19 its affiliate, or to any other person. Such access shall be
3-20 provided at any technically feasible point selected by the
3-21 requesting Internet service provider.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.