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.