By Haywood                                            S.B. No. 1398
         76R7430 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to Internet access in rural areas.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 55, Utilities Code, is amended by adding
 1-5     Subchapter L to read as follows:
 1-6                SUBCHAPTER L.  INTERNET ACCESS IN RURAL AREAS
 1-7           Sec. 55.351.  DEFINITION OF "RURAL AREA."  The commission by
 1-8     rule shall define what constitutes a rural area.
 1-9           Sec. 55.352.  AUTHORITY TO LEASE, SELL, OR SHARE CERTAIN
1-10     CAPACITY.  Notwithstanding any other provision of this title, an
1-11     entity listed in Section 58.253(a) that is located in a rural area
1-12     may lease, sell, or otherwise share any unused capacity on a "T-1"
1-13     line connected to the entity to improve access of area individuals,
1-14     businesses, and local governments to the Internet.
1-15           Sec. 55.353.  RATES.  The commission by rule shall prescribe
1-16     rates for:
1-17                 (1)  the lease, sale, or sharing of the  unused
1-18     capacity under Section 55.352; and
1-19                 (2)  use of the unused capacity to access the Internet.
1-20           Sec. 55.354.  DISPUTES.  The commission shall arbitrate any
1-21     dispute relating to the lease, sale, or sharing of any unused
1-22     capacity on a "T-1" line that might arise between a
1-23     telecommunications provider and an entity listed in Section
1-24     58.253(a).
 2-1           SECTION 2.  This Act takes effect September 1, 1999.
 2-2           SECTION 3.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.