By Wolens H.B. No. 1736
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 advanced
1-3 telecommunications services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the Texas
1-6 Universal Broadband Access Act of 2001.
1-7 SECTION 2. Chapter 55, Utilities Code is amended by adding
1-8 Subchapter L to read as follows:
1-9 SUBCHAPTER L. DEPLOYMENT OF ADVANCED SERVICES
1-10 TO RURAL AREAS
1-11 Sec. 55.401. POLICY. (a) It is the policy of this state to
1-12 ensure that all Texans in urban and rural areas have access to
1-13 advanced services that are appropriate to their needs at reasonably
1-14 comparable prices, terms, and quality as those provided in urban
1-15 areas. Services should be reliable, secure and easy to use, and
1-16 should be robust enough to provide expected levels of service,
1-17 handle peak loads, be scalable to growing needs and uses and be
1-18 flexible in operation.
1-19 (b) It is the policy of this state to ensure that all Texans
1-20 are electronically connected to each other and to the world.
1-21 Access to advanced services statewide and a continuing ability to
1-22 take advantage of emerging technologies will move Texas to the
2-1 forefront in education, e-commerce, e-government, teleworking,
2-2 telemedicine, community development and other new fields, and
2-3 revitalize rural economies.
2-4 (c) It is the policy of this state to ensure an environment
2-5 for the deployment of advanced services that:
2-6 (1) is technology-neutral with respect to the advanced
2-7 services technology that is utilized;
2-8 (2) prefers local control over solutions to address
2-9 the provisioning of advanced services to a particular locality; and
2-10 (3) prefers competition and governmental incentives
2-11 for deployment of advanced services rather than governmental
2-12 mandates.
2-13 (d) Therefore, it is the policy of this state to measure
2-14 progress toward these goals by evaluating the following indicators:
2-15 (1) the percent of communities with access to
2-16 affordable advanced services;
2-17 (2) the percent of businesses with access to
2-18 affordable advanced services;
2-19 (3) the percent of homes with access to affordable
2-20 advanced services;
2-21 (4) the number of public locations that offer public
2-22 access to advanced services.
2-23 Sec. 55.402. DEFINITIONS. In this subchapter:
2-24 (1) "advanced service" means, without regard to any
2-25 transmission media or technology, a service that enables users to
2-26 originate and receive high-quality voice, data, graphics, and video
3-1 using any technology, including both current generation and future
3-2 generation technology, as determined by the Commission.
3-3 (2) "Anchor tenant" means a consortium of governmental
3-4 or non-profit entities that aggregate sufficient advanced services
3-5 requirements to attain economies of scale sufficient to encourage
3-6 private sector investment in the infrastructure adequate to provide
3-7 state-of-the-art advanced services to a given community.
3-8 (3) "Commission" means the Public Utility Commission
3-9 of Texas.
3-10 (4) "Community" means a geographically contiguous and
3-11 distinct population, self-defined for the purposes of applying for
3-12 the grant resources described in this section, and having a
3-13 sponsoring local governmental entity.
3-14 (5) "Community network" means a locally-based,
3-15 locally-driven communication and information system that involves
3-16 multiple organizations wanting to link services, expand user
3-17 access, provide common training resources, organize local Internet
3-18 content, allow users to contribute to said content, improve
3-19 community communications, promote community economic development,
3-20 and include individuals traditionally unable to access advanced
3-21 services.
3-22 (6) "Community technology centers" means centers to
3-23 provide individuals and/or organizations with access to computers,
3-24 technology literacy training, the Internet, technical support, and
3-25 staff training.
3-26 (7) "Company" means a local exchange company that has
4-1 a certificate of convenience and necessity (CCN);
4-2 (8) "Demand aggregation" means several customers who
4-3 desire advanced services joining together and holding themselves
4-4 out to a provider of advanced services as a single customer that is
4-5 large enough to warrant private investment in providing the
4-6 requested service thereby maximizing economies of scale and
4-7 combining the buying power of the entities or individuals joining
4-8 together.
4-9 (9) "Local solutions" means documented attempts by a
4-10 community to encourage the deployment of advanced services by the
4-11 use of demand aggregation, anchor tenancy, community networks, or
4-12 any similar means approved by the Commission.
4-13 (10) "Market failure" means the lack of sufficient
4-14 bona fide requests adequate to show demand for advanced services.
4-15 (11) "Rural" means a home rule or general law
4-16 municipality with a population of less than 20,000 that is not
4-17 located in a county which has a municipality with a population
4-18 greater than 190,000.
4-19 (12) "Urban" means a municipality with a population of
4-20 more than 190,000.
4-21 Sec. 55.403. PROVISION OF ADVANCED SERVICES. (a) This
4-22 subchapter applies to a company as defined in section 55.402(7) of
4-23 this title.
4-24 (b) The company is responsible, beginning September 1, 2002,
4-25 to see that customers within its certificated area have access to
4-26 advanced services upon a bona fide retail request. Upon such
5-1 request the company shall:
5-2 (1) provide the requested service or
5-3 (2) enter into a partnership or joint venture with
5-4 another provider of advanced services in order to provide the
5-5 requested service.
5-6 (c) Advanced services shall be provided:
5-7 (1) at prices, terms, conditions, and quality that are
5-8 reasonably comparable to the prices, terms, conditions, and quality
5-9 for similar services provided in urban areas of the state; and
5-10 (2) within 3 months after the bona fide request for
5-11 those services.
5-12 Sec. 55.404. DEPLOYMENT OF ADVANCED SERVICES. (a) all
5-13 communities.
5-14 (1) The state believes it important that companies and
5-15 communities seek local solutions to encourage the deployment of
5-16 high speed or advanced services. The state determines that the
5-17 following local solutions are best practices and should be employed
5-18 to encourage the deployment of advanced services in any area of the
5-19 state where deployment of such services has yet to occur:
5-20 (A) demand aggregation;
5-21 (B) anchor tenancy; and
5-22 (C) community networks.
5-23 (2) These local solutions require a coordinated and
5-24 rational network plan adopted by State and local governmental
5-25 authorities in coordination with other public and private entities.
5-26 (3) Notwithstanding section 2170.051(d) of the
6-1 Government Code, in order to encourage the use of anchor tenancy
6-2 and community networks in this state, if a company agrees to
6-3 provide the necessary advanced services facilities to a state or
6-4 local government on price, terms, and conditions more favorable
6-5 than that offered by the consolidated telecommunications system,
6-6 the state or local governmental authority may:
6-7 (A) cease to participate in the consolidated
6-8 telecommunications system and
6-9 (B) enter into a contract with the company to
6-10 provide said services.
6-11 (b) Rural Communities less than 20,000. In addition to the
6-12 provisions of subsection (a), rural communities with populations
6-13 less than 20,000 may:
6-14 (1) seek to fund advanced services projects utilizing:
6-15 (A) funding sources identified in the
6-16 Development Corporation Act, article 5190.6 of the Texas Civil
6-17 Statutes;
6-18 (B) Texas Infrastructure Fund grants and loans
6-19 under Chapter 57 of this title;
6-20 (C) Texas Agricultural Finance Authority
6-21 financing;
6-22 (D) community development block grants; or
6-23 (E) other business incentives within the
6-24 jurisdiction of the community's authority.
6-25 (2) Upon a showing to the Commission that market
6-26 failure has occurred and that local solutions have been
7-1 unsuccessful in encouraging the deployment of advanced services in
7-2 a rural community the appropriate local governmental body or
7-3 residents of the community may petition the Commission to:
7-4 (A) allow private entities within the
7-5 jurisdictional boundaries of the community to use any state
7-6 provisioned telecommunications system, including but not limited
7-7 to, the state's consolidated telecommunications system and/or Texas
7-8 Telecommunications Infrastructure Gateway or;
7-9 (B) provide advanced services to their community
7-10 pursuant to section 54.202(c) of this title relating to municipal
7-11 provision of advanced services.
7-12 (c) Rural Communities less than 2,000. In addition to the
7-13 provisions of subsections(a) and (b)(1), in rural communities with
7-14 populations of less than 2,000, beginning September 1, 2002, the
7-15 appropriate local governmental body or residents of the community
7-16 may petition the Commission to:
7-17 (1) allow private entities within the jurisdictional
7-18 boundaries of the community to use any state provisioned
7-19 telecommunications system, including but not limited to, the
7-20 state's consolidated telecommunications system and/or Texas
7-21 Telecommunications Infrastructure Gateway or;
7-22 (2) provide advanced services to their community
7-23 pursuant to section 54.202(c) of this title relating to municipal
7-24 provision of advanced services.
7-25 Sec. 55.405. FACILITY MAPS AND DATABASE. The Commission
7-26 shall use its best efforts to create and maintain a database
8-1 capable of graphic representation that is available for public use
8-2 that contains the location and inventory of all public and private
8-3 sector telecommunications and advanced services facilities.
8-4 Sec. 55.406. STATEWIDE ADVANCED SERVICES STRATEGIC PLANNING.
8-5 (a) The Commission is responsible for strategic planning for the
8-6 deployment of advanced services to end-use customers.
8-7 (b) The Commission shall participate in policy dialogue,
8-8 coordinate, cooperate, and mutually agree on policies with the
8-9 Telecommunications Infrastructure Fund Board, General Services
8-10 Commission, Department of Information Resources, Telecommunications
8-11 Planning Group, or other state agencies, as deemed necessary,
8-12 regarding the availability of funding, use of state infrastructure
8-13 assets, or to establish priorities that will speed the deployment
8-14 of advanced services to all areas of the state.
8-15 (c) In order to perform strategic planning the Commission
8-16 has authority to collect and make use of any data and information
8-17 deemed necessary to ensure the most efficient deployment of
8-18 advanced services throughout the state.
8-19 (d) In order to perform strategic planning the Commission
8-20 shall:
8-21 (1) collect and maintain the information required in
8-22 section 55.405;
8-23 (2) make use of any data and information deemed
8-24 necessary to ensure the most efficient deployment of advanced
8-25 services throughout the state; and
8-26 (3) report to the Legislature biennially, beginning
9-1 January 15, 2003, on the deployment of advanced services, including
9-2 but not limited to, the indicators identified in section 55.401(d)
9-3 and any other indicators determined appropriate by the Commission.
9-4 (e) Information obtained pursuant to this subchapter is
9-5 confidential, shall not be disclosed, and is excepted from public
9-6 disclosure under Chapter 552, Government Code.
9-7 Sec. 55.407. COMMISSION AUTHORITY. Notwithstanding any other
9-8 provision of this title, the commission has all jurisdiction
9-9 necessary to enforce this subchapter.
9-10 SECTION 3. Section 54.202, Utilities Code is amended to read
9-11 as follows:
9-12 Sec. 54.202. PROHIBITED MUNICIPAL ACTIVITIES. (a) A
9-13 municipality or municipal electric system may not offer for sale to
9-14 the public:
9-15 (1) a service for which a certificate of convenience
9-16 and necessity, a certificate of operating authority, or a service
9-17 provider certificate of operating authority is required; or
9-18 (2) a nonswitched telecommunications service used to
9-19 connect a customer's premises with:
9-20 (A) another customer's premises within the
9-21 exchange; or
9-22 (B) a long distance provider that serves the
9-23 exchange.
9-24 (b) Subsection (a) applies to a service offered either
9-25 directly or indirectly through a telecommunications provider.
9-26 (c) Notwithstanding subsections (a) and (b) a municipality,
10-1 pursuant to Commission approval under section 55.404 of this title,
10-2 may establish and provide advanced services.
10-3 SECTION 4. Chapter 55, Utilities Code, is amended to read as
10-4 follows:
10-5 Sec. 55.014. PROVISION OF ADVANCED TELECOMMUNICATIONS
10-6 SERVICES. (a) In this section, "advanced service" means any
10-7 telecommunications service other than residential or business basic
10-8 local exchange telephone service, caller identification service,
10-9 and customer calling features.
10-10 (b) This section applies to a company electing under Chapter
10-11 58 or a company that holds a certificate of operating authority or
10-12 service provider certificate of operating authority.
10-13 (c) Notwithstanding any other provision of this title,
10-14 beginning September 1, 200[1]3, a company to which this section
10-15 applies that provides advanced telecommunications services within
10-16 the company's urban service areas, shall, on a bona fide retail
10-17 request for those services, provide in rural areas of this state
10-18 served by the company advanced telecommunications services that are
10-19 reasonably comparable to the advanced services provided in urban
10-20 areas. The company shall offer the advanced telecommunications
10-21 services:
10-22 (1) at prices, terms, and conditions that are
10-23 reasonably comparable to the prices, terms, and conditions for
10-24 similar advanced services provided by the company in urban areas;
10-25 and
10-26 (2) within [15] 3 months after the bona fide request
11-1 for those advanced services.
11-2 (d) Notwithstanding any other provision of this title, a
11-3 company to which this section applies shall, on a bona fide retail
11-4 request for those services, offer caller identification service and
11-5 custom calling features in rural areas served by the company. The
11-6 company shall offer the services:
11-7 (1) at prices, terms, and conditions reasonably
11-8 comparable to the company's prices, terms, and conditions for
11-9 similar services in urban areas; and
11-10 (2) within [15] 3 months after the bona fide request
11-11 for those services.
11-12 (e) This section may not be construed to require a company
11-13 to:
11-14 (1) begin providing services in a rural area in which
11-15 the company does not provide local exchange telephone service; or
11-16 (2) provide a service in a rural area of this state
11-17 unless the company provides the service in urban areas of this
11-18 state.
11-19 (f) For purposes of this section, a company to which this
11-20 section applies is considered to provide services in urban areas of
11-21 this state if the company provides services in a municipality with
11-22 a population of more than 190,000.
11-23 (g) Notwithstanding any other provision of this title, the
11-24 commission has all jurisdiction necessary to enforce this section.
11-25 SECTION 5. Subchapter A, Chapter 57, Utilities Code, is
11-26 amended to read as follows:
12-1 Sec. 57.042. Definitions. In this subchapter:
12-2 (1) "Advanced services" means without regard to any
12-3 transmission media or technology that enables users to originate
12-4 and receive high-quality voice, data, graphics, and video using any
12-5 technology, including both current generation and future generation
12-6 technology.
12-7 (2) "Ambulatory health care center" means a health
12-8 care clinic or an association of such a clinic that is:
12-9 (A) exempt from federal income taxation under
12-10 Section 501(a), Internal Revenue Code of 1986, as amended, as an
12-11 organization described by Section 501(c)(3), as amended; and
12-12 (B) funded wholly or partly by a grant under 42
12-13 U.S.C. Section 254b, 254c, or 256, as amended.
12-14 (3) "Board" means the telecommunications
12-15 infrastructure fund board.
12-16 (4) "Commercial mobile service provider" means a
12-17 provider of commercial mobile service as defined by Section 332(d),
12-18 Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
12-19 Communications Commission rules, and the Omnibus Budget
12-20 Reconciliation Act of 1993 (Pub. L. No. 103-66).
12-21 (5) "Community network" means a locally-based,
12-22 locally-driven communication and information system that involves
12-23 multiple organizations wanting to link services, expand user
12-24 access, provide common training resources, organize local Internet
12-25 content, allow users to contribute to said content, improve
12-26 community communications, promote community economic development,
13-1 and include individuals traditionally unable to access advanced
13-2 services.
13-3 (6) "Community technology centers" are defined as
13-4 centers to provide individuals and/or organizations with access to
13-5 computers, technology literacy training, the Internet, technical
13-6 support, and staff training.
13-7 (7) "Fund" means the telecommunications infrastructure
13-8 fund.
13-9 (8) "Institution of higher education" means:
13-10 (A) an institution of higher education as
13-11 defined by Section 61.003, Education Code; or
13-12 (B) a private or independent institution of
13-13 higher education as defined by Section 61.003, Education Code.
13-14 (9) "Library" means:
13-15 (A) a public library or regional library system
13-16 as those terms are defined by Section 441.122, Government Code; or
13-17 (B) a library operated by an institution of
13-18 higher education or a school district.
13-19 (10) "Public not-for-profit health care facility"
13-20 means a rural or regional hospital or other entity such as a rural
13-21 health clinic that:
13-22 (A) is supported by local or regional tax
13-23 revenue;
13-24 (B) is a certified not-for-profit health
13-25 corporation, under federal law; or
13-26 (C) is an ambulatory health care center.
14-1 (11) "School district" includes an independent school
14-2 district, a common school district, and a rural high school
14-3 district.
14-4 (12) "Public school" means a public elementary or
14-5 secondary school, including an open-enrollment charter school, a
14-6 home-rule school district school, and a school with a campus or
14-7 campus program charter.
14-8 (13) "Taxable telecommunications receipts" means
14-9 taxable telecommunications receipts reported under Chapter 151, Tax
14-10 Code.
14-11 (14) "Telemedicine":
14-12 (A) means medical services delivered by
14-13 telecommunications technologies to rural or underserved public
14-14 not-for-profit health care facilities or primary health care
14-15 facilities in collaboration with an academic health center and an
14-16 associated teaching hospital or tertiary center or with another
14-17 public not-for-profit health care facility; and
14-18 (B) includes consultive services, diagnostic
14-19 services, interactive video consultation, teleradiology,
14-20 telepathology, and distance education for working health care
14-21 professionals.
14-22 Sec. 57.043. Telecommunications Infrastructure Fund and
14-23 Accounts. (a) The telecommunications infrastructure fund is
14-24 composed of the public schools account, [and] the qualifying
14-25 entities account, and the rural economic development account.
14-26 (b) The public schools account, [and] qualifying entities
15-1 account, and the rural economic development account are financed by
15-2 an annual assessment imposed as prescribed by Section 57.048 on
15-3 each telecommunications utility and commercial mobile service
15-4 provider doing business in this state.
15-5 (c) Money in the fund may be appropriated only for a use
15-6 consistent with the purposes of this subchapter.
15-7 Sec. 57.046. Use of Accounts. (a) The board shall use money
15-8 in the public schools account to award grants and loans in
15-9 accordance with this subchapter to fund:
15-10 (1) equipment for public schools, including computers,
15-11 printers, computer labs, and video equipment; and
15-12 (2) intracampus and intercampus wiring to enable those
15-13 public schools to use the equipment.
15-14 (b) The board shall use money in the qualifying entities
15-15 account for any purpose authorized by this subchapter, including:
15-16 (1) equipment;
15-17 (2) wiring;
15-18 (3) material;
15-19 (4) program development;
15-20 (5) training;
15-21 (6) installation costs; [and]
15-22 (7) a statewide telecommunications network; and
15-23 (8) the development, provisioning, and continuing
15-24 operation costs associated with the operation of community
15-25 technology centers.
15-26 Sec. 57.0465. USE OF RURAL ECONOMIC DEVELOPMENT ACCOUNT. The
16-1 board shall use money in the rural economic development account for
16-2 any purpose authorized by this subchapter and consistent with
16-3 section 55.404 of this title, including:
16-4 (a) community planning and determination of advanced
16-5 services resource requirements;
16-6 (b) the development, provisioning, and continuing operation
16-7 costs associated with the operation of community networks;
16-8 (c) the development, provisioning, and continuing operation
16-9 costs associated with the operation of community technology
16-10 centers; and
16-11 (d) access to any statewide telecommunications network,
16-12 including but not limited to, the state's consolidated
16-13 telecommunications system and/or Texas Telecommunications
16-14 Infrastructure Gateway.
16-15 Sec. 57.047. Grant and Loan Program. (a) The board may
16-16 award a grant to a project or proposal that:
16-17 (1) provides equipment and infrastructure necessary
16-18 for:
16-19 (A) distance learning;
16-20 (B) an information sharing program of a library;
16-21 [or]
16-22 (C) telemedicine services; or
16-23 (D) the provision of community networks and
16-24 community technology centers.
16-25 (2) develops and implements the initial or
16-26 prototypical delivery of a course or other distance learning
17-1 material;
17-2 (3) trains teachers, faculty, librarians, or
17-3 technicians in the use of distance learning or information sharing
17-4 materials and equipment;
17-5 (4) develops a curriculum or instructional material
17-6 specially suited for telecommunications delivery;
17-7 (5) provides electronic information; or
17-8 (6) establishes or carries out an information sharing
17-9 program.
17-10 (b) The board may award a loan to a project or proposal to
17-11 acquire equipment needed for distance learning, [and] telemedicine,
17-12 or advanced services projects.
17-13 (c) In awarding a grant or loan under this subchapter, the
17-14 board shall give priority to a project or proposal that:
17-15 (1) represents collaborative efforts [involving more
17-16 than one school, university, or library];
17-17 (2) contributes matching funds from another source;
17-18 (3) shows promise of becoming self-sustaining;
17-19 (4) helps users of information learn new ways to
17-20 acquire and use information through telecommunications or advanced
17-21 services;
17-22 (5) extends specific educational information and
17-23 knowledge services to a group not previously served, especially a
17-24 group in a rural or remote area;
17-25 (6) results in more efficient or effective learning
17-26 than through conventional teaching;
18-1 (7) improves the effectiveness and efficiency of
18-2 health care delivery; [or]
18-3 (8) takes advantage of distance learning opportunities
18-4 in a rural or urban school district with a:
18-5 (A) disproportionate number of at-risk youths;
18-6 or
18-7 (B) high dropout rate; or
18-8 (9) will establish or enhance the provision of
18-9 advanced services to rural areas of this state.
18-10 (d) In distributing money to public schools, the board
18-11 shall:
18-12 (1) consider the relative property wealth per student
18-13 of the school districts that receive the money; and
18-14 (2) recognize the unique needs of rural communities.
18-15 (e) If a board member is an employee of an entity that
18-16 applies for a grant or loan under this subchapter, the board
18-17 member, before a vote on the grant or loan, shall disclose the fact
18-18 of the member's employment. The disclosure must be entered into
18-19 the minutes of the meeting. The board member may not vote on or
18-20 otherwise participate in the awarding of the grant or loan. If the
18-21 board member does not comply with this subsection, the entity is
18-22 not eligible for the grant or loan.
18-23 (f) A grant or loan awarded under this section is subject to
18-24 the limitations prescribed by Sections 57.046, 57.0475 and 57.465.
18-25 SECTION 6. Subchapter A, Chapter 57, Utilities Code is
18-26 amended by adding Section 57.0475 to read as follows:
19-1 Sec. 57.0475. RURAL ECONOMIC DEVELOPMENT GRANT AND LOAN
19-2 PROGRAM. (a) In consideration of the duties and responsibilities
19-3 given the board under this chapter, it is the policy of this state
19-4 that all rural areas of this state have access to advanced
19-5 services. The board shall coordinate its duties and
19-6 responsibilities with the Commission and any other state or local
19-7 governmental entity necessary to encourage the ubiquitous access of
19-8 advanced services in rural areas of the state.
19-9 (b) Any public or governmental entity or political
19-10 subdivision or person, association, or entity within a rural area,
19-11 as defined by section 55.402 of this title may seek funds under
19-12 this chapter:
19-13 (1) to conduct planning for assessing community needs
19-14 and the aggregation of demand;
19-15 (2) for the development of a community network,
19-16 community technology centers, or access to any statewide
19-17 telecommunications network, including but not limited to, the
19-18 state's consolidated telecommunications system and/or Texas
19-19 Telecommunications Infrastructure Gateway.
19-20 (c) When attempting to aggregate demand, establish an anchor
19-21 tenant arrangement, or develop a community network, communities
19-22 should consider the following guidelines, including but not limited
19-23 to, developing:
19-24 (1) a network facilities requirements estimate;
19-25 (2) a plan to use access afforded by a state
19-26 telecommunications network, including but not limited to, the
20-1 consolidated telecommunications system and/or Texas
20-2 Telecommunications Information Gateway;
20-3 (3) a list of all public offices in the community and
20-4 whether or not the public office should be connected under a
20-5 proposal;
20-6 (4) a list of private and nonprofit-sector customers
20-7 that could be connected under a proposal; and
20-8 (5) a list of community efforts to utilize other
20-9 public or private resources, to include, the degree of matching
20-10 funds to be provided by the community.
20-11 (d) The Board shall adopt rules to implement this section in
20-12 cooperation with the Public Utility Commission of Texas, the
20-13 General Services Commission, the Department of Information
20-14 Resources, and other State agencies as it deems appropriate. The
20-15 rules shall include the coordination of requests for access under
20-16 this section from different parties in the same rural area.
20-17 SECTION 7. Section 2054, Government Code, is amended to read
20-18 as follows:
20-19 Sec. 2054.206. Advisory Agencies. The following state
20-20 agencies shall formally advise the telecommunications planning
20-21 group and send representatives to meetings of the group:
20-22 (1) the Texas Education Agency;
20-23 (2) the Texas Higher Education Coordinating Board;
20-24 (3) The Texas A&M University System;
20-25 (4) The University of Texas System;
20-26 (5) the Telecommunications Infrastructure Fund Board;
21-1 [and]
21-2 (6) the Texas State Library and Archives Commission;
21-3 (7) the Public Utility Commission of Texas;
21-4 (8) the General Services Commission;
21-5 (9) the Commission on State Emergency Communications;
21-6 and
21-7 (10) the Texas Department of Economic Development.
21-8 SECTION 8. Section 2170, Government Code is amended to read
21-9 as follows:
21-10 Sec. 2170.004. Contracts With Entities Other Than State
21-11 Agencies. The commission may contract for use of the consolidated
21-12 telecommunications system with:
21-13 (1) each house of the legislature;
21-14 (2) a legislative agency;
21-15 (3) an agency that is not a state agency as defined by
21-16 Section 2151.002; [and]
21-17 (4) a political subdivision, including a county,
21-18 municipality, or district; and
21-19 (5) any person or entity within a rural area of this
21-20 state as provided by Section 2170.060.
21-21 Sec. 2170.0045. ACCESS TO CONSOLIDATED TELECOMMUNICATIONS
21-22 SYSTEM BY ANCHOR TENANTS. (a) The commission shall allow access to
21-23 and contract the use of the consolidated telecommunications system
21-24 to any anchor tenant as provided by Section 2170.060 of this title
21-25 and Section 55.404 of the utilities code.
21-26 (b) The commission shall develop procedures for the
22-1 provisioning and granting of access to the Texas Telecommunications
22-2 Information Gateway as network integration points for communities
22-3 or anchor tenants.
22-4 (c) The commission may require the public or governmental
22-5 entity or political subdivision to contract with the commission
22-6 pursuant to the Interlocal Cooperation Act, Chapter 791, Government
22-7 Code.
22-8 Sec. 2170.0055. POLICIES, GUIDELINES, AND OPERATING
22-9 PROCEDURES FOR ANCHOR TENANT ACCESS. (a) The commission shall
22-10 receive and evaluate proposals for funding under this section,
22-11 subject to the following guidelines:
22-12 (1) The proposal process shall be conducted with the
22-13 overall goal of providing access to every community whose proposal
22-14 offers a coordinated and rational network plan, including but not
22-15 limited to:
22-16 (A) a network facilities requirements estimate;
22-17 (B) the communities plan to use the access
22-18 afforded the consolidated telecommunications system and/or Texas
22-19 Telecommunications Information Gateway;
22-20 (C) a list of all public offices in the
22-21 community and whether or not the public office is to be connected
22-22 under the proposal;
22-23 (D) a list of private and nonprofit-sector
22-24 customers to be connected under the proposal; and
22-25 (E) community efforts to utilize other public or
22-26 private resources, to include, the degree of matching funds to be
23-1 provided by the community, consistent with the community's
23-2 resources.
23-3 (2) Priority shall be given to those communities
23-4 proposing to aggregate the traffic of, and obtain participation
23-5 from the greatest proportion of:
23-6 (A) the public offices within the community and
23-7 (B) private- and nonprofit-sector customers
23-8 within the community.
23-9 (b) The commission may allocate up to ten percent of the
23-10 cost of the proposal for technical assistance, training,
23-11 engineering, and consulting to prepare plans, program documents,
23-12 life-cycle cost studies, requests for proposals and other studies,
23-13 and documents associated with and necessary for the development of
23-14 proposals under this section.
23-15 (c) The commission shall coordinate the allocation of funds
23-16 with the schedule of deployment for the consolidated
23-17 telecommunications system and/or Texas Telecomunications
23-18 Information Gateway.
23-19 (d) The commission may allocate funds as part of a community
23-20 proposal to:
23-21 (1) establish a network integration point with the
23-22 consolidated telecommunications system;
23-23 (2) establish or upgrade facilities to transport
23-24 traffic from the network integration point to the community point
23-25 of aggregation; and/or
23-26 (3) develop, provision, and provide for the continuing
24-1 operational costs associated with subsections (1) and (2), or a
24-2 community network.
24-3 Sec. 2170.058. Use of System by Certain Students. (a) An
24-4 institution of higher education under Section 61.003, Education
24-5 Code, that is authorized to use the system of telecommunications
24-6 services established under this chapter may allow students of the
24-7 institution who reside in housing for which the institution
24-8 provides telephone service to use the system of telecommunications
24-9 services. An institution shall recover from a student who chooses
24-10 to use the system the full pro rata cost attributable to that
24-11 student's use, including costs identifiable for interconnection to
24-12 and use of the local publicly switched network.
24-13 (b) The commission shall adopt rules that govern student
24-14 access to the system, including:
24-15 (1) times of access to the system; and
24-16 (2) the full recovery of actual costs from each
24-17 student who uses the system.
24-18 [(c) In consideration of the duties and responsibilities
24-19 given the commission under this subtitle, it is the policy of this
24-20 state that a state agency or unit of state government may not
24-21 provide telecommunications products or services to the general
24-22 public in competition with private enterprise unless there is a
24-23 finding that providing the products or services is in the public
24-24 interest. This subsection does not prohibit students who reside in
24-25 housing for which institutions of higher education provide
24-26 telephone service from using service provided under this section.]
25-1 Sec. 2170.060. ACCESS TO CONSOLIDATED TELECOMMUNICATIONS
25-2 SYSTEM IN CERTAIN RURAL AREAS. (a) In consideration of the duties
25-3 and responsibilities given the commission under this subtitle, and
25-4 the Public Utility Commission of Texas under the Utility Code, it
25-5 is the policy of this state that all rural areas of this state,
25-6 which are unable to obtain advanced services, have access to such
25-7 services through the consolidated telecommunications system.
25-8 (b) The commission shall coordinate its duties and
25-9 responsibilities with the Telecommunications Infrastructure Fund
25-10 and permit access, pursuant to Public Utility Commission of Texas
25-11 approval under section 55.404, Utility Code.
25-12 (c) The commission shall adopt rules to implement this
25-13 section in cooperation with the telecommunications planning group
25-14 and the Public Utility Commission of Texas. The rules shall
25-15 include the coordination of requests for access under this section
25-16 from different parties in the same rural area.
25-17 SECTION 9. Subsection 11(a) of Section 2, Title 83, Chapter
25-18 10, Art. 5190.6, Revised statutes is amended to read as follows:
25-19 (11)(A) "Project" shall mean the land, buildings,
25-20 equipment, facilities, targeted infrastructure, and improvements
25-21 (one or more) to promote new and expanded business development or
25-22 found by the board of directors to be required or suitable for the
25-23 promotion of development and expansion of manufacturing and
25-24 industrial facilities, job creation and retention, job training,
25-25 educational facilities, transportation facilities (including but
25-26 not limited to airports, ports, mass commuting facilities, and
26-1 parking facilities), facilities or infrastructure used to support
26-2 or provision advanced services, sewage or solid waste disposal
26-3 facilities, recycling facilities, air or water pollution control
26-4 facilities, facilities for the furnishing of water to the general
26-5 public, distribution centers, small warehouse facilities capable of
26-6 serving as decentralized storage and distribution centers, and
26-7 facilities for use by institutions of higher education, and for the
26-8 promotion of development or redevelopment and expansion, including
26-9 costs of administration and operation, of a military base closed or
26-10 realigned pursuant to recommendation of the Defense Closure and
26-11 Realignment Commission pursuant to the Defense Base Closure and
26-12 Realignment Act of 1990 (10 U.S.C. Section 2687 note) as amended,
26-13 and of facilities which are related to any of the foregoing, and in
26-14 furtherance of the public purposes of this Act, all as defined in
26-15 the rules of the department, irrespective of whether in existence
26-16 or required to be identified, acquired, or constructed thereafter.
26-17 SECTION 10. Section 402.002, Local Government Code is
26-18 amended to read as follows:
26-19 Sec. 402.002. Certain Public Services and Utility Systems in
26-20 Home-Rule Municipality. (a) In this section, "public service"
26-21 includes a public telephone system, advanced services system,
26-22 street railway system, fertilizing plant, slaughterhouse, municipal
26-23 railway terminal, dock, wharf, ferry, ferry landing, or shipping
26-24 facility, including loading and unloading devices.
26-25 (b) A home-rule municipality may buy, own, construct inside
26-26 or outside the municipal limits, and maintain and operate a gas
27-1 system, electric lighting plant, sewage plant, or other public
27-2 service or public utility and may require and receive compensation
27-3 for services furnished for private purposes or otherwise. The
27-4 municipality may use eminent domain authority to appropriate real
27-5 property, rights-of-way, or other property as necessary to
27-6 efficiently carry out those objects. The municipality may condemn
27-7 the property of any person that conducts such a business or utility
27-8 service for the purpose of operating and maintaining the public
27-9 service or public utility and distributing the utility services in
27-10 the municipality. In its charter, the municipality may adopt rules
27-11 it considers advisable for the acquisition or operation of the
27-12 public service or public utility.
27-13 (c) The municipality may manufacture its own electricity,
27-14 gas, or anything else needed or used by the public. It may
27-15 purchase, and make contracts for the purchase of, gas, electricity,
27-16 oil, or any other commodity or article used by the public and may
27-17 sell it to the public on terms as provided by the municipal
27-18 charter, ordinance, or resolution of the governing body of the
27-19 municipally owned utility.
27-20 (d) The municipality may require water works corporations,
27-21 gas companies, street car companies, telephone companies, telegraph
27-22 companies, electric companies, or other persons who hold a
27-23 franchise from the municipality to extend their services to
27-24 territory as required by the municipal charter.
27-25 SECTION 11. Subchapter A, Chapter 224, Transportation Code
27-26 is amended by adding section 224.009 to read as follows:
28-1 Sec. 224.009. USE OF STATE RIGHTS-OF-WAY FOR FIBER OPTIC
28-2 FACILITIES. Notwithstanding any other section of this title, in
28-3 granting permission to a person for the use of state rights-of-way,
28-4 the Department may require such person to allow the state to deploy
28-5 fiber optic facilities or cause fiber optic facilities to be
28-6 deployed during such person's construction in the state
28-7 right-of-way.
28-8 SECTION 12. This Act takes effect September 1, 2001.