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.