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.