By Wolens                                             H.B. No. 2361
         77R1045 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the abolition of the Telecommunications Infrastructure
 1-3     Fund Board and to the transfer of its powers and duties to the
 1-4     Public Utility Commission.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 57.045, Utilities Code, is amended to read
 1-7     as follows:
 1-8           Sec. 57.045.  COMMISSION POWERS AND DUTIES [OF BOARD]. (a)
 1-9     The commission [board] shall administer the fund and the two
1-10     accounts in the fund.
1-11           (b)  The commission [board] shall prepare an annual report
1-12     that:
1-13                 (1)  details the revenues deposited to the credit of
1-14     the fund, including each account; and
1-15                 (2)  summarizes the grants and loans made from each
1-16     account.
1-17           (c)  Not later than January 15 of each year, the commission
1-18     [board] shall submit the report for the preceding year to the
1-19     governor and to each standing committee in the senate and house of
1-20     representatives that has jurisdiction over public or higher
1-21     education.
1-22           (d)  The commission [board] may:
1-23                 (1)  enter into contracts with state agencies or
1-24     private entities necessary to perform the commission's [board's]
 2-1     duties;
 2-2                 (2)  adopt rules as necessary to administer this
 2-3     subchapter;
 2-4                 (3)  employ personnel reasonably necessary to perform
 2-5     duties delegated by the commission [board];
 2-6                 (4)  appoint one or more committees to assist the
 2-7     commission [board] in performing the commission's [board's] duties;
 2-8     and
 2-9                 (5)  accept a gift or grant and use it for the purposes
2-10     of this subchapter.
2-11           SECTION 2. Section 57.0455, Utilities Code, is amended to
2-12     read as follows:
2-13           Sec. 57.0455.  MASTER PLAN FOR INFRASTRUCTURE DEVELOPMENT.
2-14     (a)  The commission [board] shall adopt a master plan for
2-15     infrastructure development.  The plan must:
2-16                 (1)  cover a five-year period;
2-17                 (2)  be updated annually; and
2-18                 (3)  describe the project, timeline, and resource
2-19     allocation targets for each year included in the plan.
2-20           (b)  The commission [board] shall publish each proposed
2-21     amendment to the plan and each proposed annual update in the Texas
2-22     Register in accordance with Subchapter B, Chapter 2002, Government
2-23     Code.
2-24           SECTION 3. Section 57.046, Utilities Code, is amended to read
2-25     as follows:
2-26           Sec. 57.046.  USE OF ACCOUNTS. (a)  The commission [board]
2-27     shall use money in the public schools account to award grants and
 3-1     loans in accordance with this subchapter to fund:
 3-2                 (1)  equipment for public schools, including computers,
 3-3     printers, computer labs, and video equipment; and
 3-4                 (2)  intracampus and intercampus wiring to enable those
 3-5     public schools to use the equipment.
 3-6           (b)  The commission [board] shall use money in the qualifying
 3-7     entities account for any purpose authorized by this subchapter,
 3-8     including:
 3-9                 (1)  equipment;
3-10                 (2)  wiring;
3-11                 (3)  material;
3-12                 (4)  program development;
3-13                 (5)  training;
3-14                 (6)  installation costs; and
3-15                 (7)  a statewide telecommunications network.
3-16           SECTION 4. Section 57.047, Utilities Code, is amended to read
3-17     as follows:
3-18           Sec. 57.047.  GRANT AND LOAN PROGRAM. (a)  The commission
3-19     [board] may award a grant to a project or proposal that:
3-20                 (1)  provides equipment and infrastructure necessary
3-21     for:
3-22                       (A)  distance learning;
3-23                       (B)  an information sharing program of a library;
3-24     or
3-25                       (C)  telemedicine services;
3-26                 (2)  develops and implements the initial or
3-27     prototypical delivery of a course or other distance learning
 4-1     material;
 4-2                 (3)  trains teachers, faculty, librarians, or
 4-3     technicians in the use of distance learning or information sharing
 4-4     materials and equipment;
 4-5                 (4)  develops a curriculum or instructional material
 4-6     specially suited for telecommunications delivery;
 4-7                 (5)  provides electronic information; or
 4-8                 (6)  establishes or carries out an information sharing
 4-9     program.
4-10           (b)  The commission [board] may award a loan to a project or
4-11     proposal to acquire equipment needed for distance learning and
4-12     telemedicine projects.
4-13           (c)  In awarding a grant or loan under this subchapter, the
4-14     commission [board] shall give priority to a project or proposal
4-15     that:
4-16                 (1)  represents collaborative efforts involving more
4-17     than one school, university, or library;
4-18                 (2)  contributes matching funds from another source;
4-19                 (3)  shows promise of becoming self-sustaining;
4-20                 (4)  helps users of information learn new ways to
4-21     acquire and use information through telecommunications;
4-22                 (5)  extends specific educational information and
4-23     knowledge services to a group not previously served, especially a
4-24     group in a rural or remote area;
4-25                 (6)  results in more efficient or effective learning
4-26     than through conventional teaching;
4-27                 (7)  improves the effectiveness and efficiency of
 5-1     health care delivery; or
 5-2                 (8)  takes advantage of distance learning opportunities
 5-3     in a rural or urban school district with a:
 5-4                       (A)  disproportionate number of at-risk youths;
 5-5     or
 5-6                       (B)  high dropout rate.
 5-7           (d)  In distributing money to public schools, the commission
 5-8     [board] shall:
 5-9                 (1)  consider the relative property wealth per student
5-10     of the school districts that receive the money; and
5-11                 (2)  recognize the unique needs of rural communities.
5-12           (e)  [If a board member is an employee of an entity that
5-13     applies for a grant or loan under this subchapter, the board
5-14     member, before a vote on the grant or loan, shall disclose the fact
5-15     of the member's employment.  The disclosure must be entered into
5-16     the minutes of the meeting.  The board member may not vote on or
5-17     otherwise participate in the awarding of the grant or loan.  If the
5-18     board member does not comply with this subsection, the entity is
5-19     not eligible for the grant or loan.]
5-20           [(f)]  A grant or loan awarded under this section is subject
5-21     to the limitations prescribed by Section 57.046.
5-22           SECTION 5. Section 57.049, Utilities Code, is amended to read
5-23     as follows:
5-24           Sec. 57.049.  ISSUANCE OF WARRANTS. From money appropriated
5-25     to the commission from the fund [board], the comptroller shall
5-26     issue warrants the commission [board] requests in accordance with
5-27     the purposes of this subchapter, including warrants to grantees of
 6-1     the commission [board] in amounts the commission [board] certifies
 6-2     to the comptroller.
 6-3           SECTION 6. Section 57.050, Utilities Code, is amended to read
 6-4     as follows:
 6-5           Sec. 57.050.  ASSISTANCE OF OTHER AGENCIES. The following
 6-6     agencies, in consultation with the commission [board], shall adopt
 6-7     policies and procedures that are designed to aid the commission
 6-8     [board] in achieving the purposes of this subchapter:
 6-9                 (1)  the Texas Higher Education Coordinating Board;
6-10                 (2)  the Texas Education Agency; and
6-11                 (3)  the Texas State Library and Archives Commission.
6-12           SECTION 7. Section 57.051, Utilities Code, is amended to read
6-13     as follows:
6-14           Sec. 57.051.  SUNSET PROVISION. This subchapter and the
6-15     functions of the commission relating to the fund are [The
6-16     Telecommunications Infrastructure Fund Board is] subject to review
6-17     under Chapter 325, Government Code (Texas Sunset Act), during the
6-18     period in which state agencies abolished in 2005 are reviewed.
6-19     Unless continued in existence as provided by that chapter, [the
6-20     board is abolished and] this subchapter expires September 1, 2005.
6-21           SECTION 8. Section 2054.206, Government Code, is amended to
6-22     read as follows:
6-23           Sec. 2054.206.  ADVISORY AGENCIES. The following state
6-24     agencies shall formally advise the telecommunications planning
6-25     group and send representatives to meetings of the group:
6-26                 (1)  the Texas Education Agency;
6-27                 (2)  the Texas Higher Education Coordinating Board;
 7-1                 (3)  The Texas A&M University System;
 7-2                 (4)  The University of Texas System;
 7-3                 (5)  the Public Utility Commission of Texas
 7-4     [Telecommunications Infrastructure Fund Board]; and
 7-5                 (6)  the Texas State Library and Archives Commission.
 7-6           SECTION 9. Section 2165.104(c), Government Code, is amended
 7-7     to read as follows:
 7-8           (c)  To the extent possible without sacrificing critical
 7-9     public or client services, the commission may not allocate usable
7-10     office space, as defined by the commission, to a state agency under
7-11     Article I, II, V, VI, VII, or VIII of the General Appropriations
7-12     Act or to the Texas Higher Education Coordinating Board, the Texas
7-13     Education Agency, the State Board for Educator Certification, [the
7-14     Telecommunications Infrastructure Fund Board,] or the Office of
7-15     Court Administration of the Texas Judicial System in an amount that
7-16     exceeds an average of 153 square feet per agency employee for each
7-17     agency site.  To the extent that any of those agencies allocates
7-18     its own usable office space, as defined by the commission, the
7-19     agency shall allocate the space to achieve the required ratio. This
7-20     subsection does not apply to:
7-21                 (1)  an agency site at which fewer than 16 employees
7-22     are located;
7-23                 (2)  warehouse space;
7-24                 (3)  laboratory space;
7-25                 (4)  storage space exceeding 1,000 gross square feet;
7-26                 (5)  library space;
7-27                 (6)  space for hearing rooms used to conduct hearings
 8-1     required under the administrative procedure law, Chapter 2001; or
 8-2                 (7)  another type of space specified by commission
 8-3     rule, if the commission determines that it is not practical to
 8-4     apply this subsection to that space.
 8-5           SECTION 10. Sections 57.042(2) and 57.044, Utilities Code,
 8-6     are repealed.
 8-7           SECTION 11. (a)  The Telecommunications Infrastructure Fund
 8-8     Board is abolished.  All powers, duties, obligations, rights,
 8-9     contracts, funds, unspent appropriations, records, real or personal
8-10     property, and personnel of the Telecommunications Infrastructure
8-11     Fund Board are transferred to the Public Utility Commission of
8-12     Texas.
8-13           (b)  A rule, policy, procedure, or decision of the
8-14     Telecommunications Infrastructure Fund Board continues in effect as
8-15     a rule, policy, procedure, or decision of the Public Utility
8-16     Commission of Texas until superseded by an act of the commission.
8-17           (c)  The validity of a rule, plan, or procedure adopted,
8-18     contract or acquisition made, proceeding begun, grant or loan
8-19     awarded, obligation incurred, right accrued, or other action taken
8-20     by or in connection with the authority of the Telecommunications
8-21     Infrastructure Fund Board before it is abolished under Subsection
8-22     (a)  of this section is not affected by the abolishment.
8-23           (d)  Any action or proceeding before the Telecommunications
8-24     Infrastructure Fund Board or to which the board is a party is
8-25     transferred without change in status to the Public Utility
8-26     Commission of Texas.
8-27           (e)  A reference in another law to the Telecommunications
 9-1     Infrastructure Fund Board means the Public Utility Commission of
 9-2     Texas.
 9-3           SECTION 12. This Act takes effect September 1, 2001.