By:  Harris                                           S.B. No. 1743
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the enhanced availability of broadband Internet access.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 61.001, Utilities Code, is amended to
 1-4     read as follows:
 1-5           Sec. 61.001.  Definitions.
 1-6           In this chapter:
 1-7           (1)  "Broadband" means possessing the capability to transmit
 1-8     data at a rate in excess of 144 kilobits per second.
 1-9           (2)  "Broadband Internet access transport services" means the
1-10     broadband transmission of data between an end user and an Internet
1-11     service provider's point of interconnection with the broadband
1-12     Internet access transport provider's facilities.
1-13           (3)  "Internet" means collectively the myriad of computer and
1-14     telecommunications facilities, including equipment and operating
1-15     software, that comprise the interconnected world-wide network of
1-16     networks that employ the Transmission Control Protocol/Internet
1-17     Protocol, or any predecessor or successor protocols to such
1-18     protocol, to communicate information of all kinds by wire or radio.
1-19           (4)  "Internet service provider" means a person who provides
1-20     a service that enables end users to access content, information,
1-21     electronic mail, or other services offered over the Internet.
1-22           (5) [(1)]  "Management consulting" means the development,
 2-1     refinement, and coordination of a strategy to support a client's
 2-2     business direction, positively affect business performance, and
 2-3     improve an operating result, in a field such as business planning,
 2-4     operations, information technology, marketing, finance, and human
 2-5     resources.
 2-6           (6) [(2)]  "Process management" means the ongoing
 2-7     responsibility for direction and operation of a business process in
 2-8     an enterprise in a field such as administration, finance, human
 2-9     resources, operations, sales, or marketing.
2-10           (7) [(3)]  "Systems development" means the creation,
2-11     migration, or improvement of a computer system, including hardware
2-12     and software, to meet a specific business need; or take advantage
2-13     of a change in information technology.
2-14           (8) [(4)]  "Systems integration" means the acquisition,
2-15     installation, and integration of hardware, software,
2-16     communications, and related support components or services.
2-17           (9) [(5)]  "Systems management" means the ongoing management
2-18     and operation of information technology components, ranging from
2-19     specialized system applications to an enterprise's entire
2-20     information technology function, including related facilities and
2-21     personnel.
2-22           (10)  "Wireline broadband Internet access transport provider"
2-23     means a person who provides broadband Internet access transport
2-24     services, by aid of wire, cable or other like connection, over
2-25     facilities owned by it or under its control for a fee directly or
2-26     indirectly to the public.  This term shall also include an Internet
 3-1     service provider who self-provides, over facilities owned by it or
 3-2     under its control, the wireline broadband transport of its services
 3-3     between itself and its end users.
 3-4           SECTION 2.  Subchapter B, Chapter 61, Utilities Code, is
 3-5     amended by adding Section 61.027 to read as follows:
 3-6           Sec. 61.027.  Duty of Certain Providers.  (a)  Each wireline
 3-7     broadband Internet access transport provider who is, or is an
 3-8     affiliate of, an Internet service provider shall provide any other
 3-9     requesting Internet service provider access to its broadband
3-10     Internet access transport services (unbundled from the provision of
3-11     content) on rates, terms, and conditions that are at least as
3-12     favorable as those on which it provides such access to itself, to
3-13     its affiliate, or to any other person.
3-14           (b)  Such access shall be provided at any technically
3-15     feasible point selected by the requesting Internet service
3-16     provider.
3-17           SECTION 3.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended,
3-22     and that this Act take effect and be in force from and after its
3-23     passage, and it is so enacted.