By Sibley S.B. No. 1783
77R11322 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of telecommunications services, fees,
1-3 and programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.202, Utilities Code, is amended to read
1-6 as follows:
1-7 Sec. 54.202. PROHIBITED MUNICIPAL SERVICES. (a) A
1-8 municipality or municipal electric system may not offer for sale to
1-9 the public:
1-10 (1) a service for which a certificate of convenience
1-11 and necessity, a certificate of operating authority, or a service
1-12 provider certificate of operating authority is required; or
1-13 (2) a nonswitched telecommunications service used to
1-14 connect a customer's premises with:
1-15 (A) another customer's premises within the
1-16 exchange; or
1-17 (B) a long distance provider that serves the
1-18 exchange.
1-19 (b) Subsection (a) applies to a service offered either
1-20 directly or indirectly through a telecommunications provider.
1-21 (c) Notwithstanding Subsections (a) and (b), a
1-22 municipality, pursuant to commission approval under Section 55.404,
1-23 may establish and provide advanced services upon obtaining a
1-24 certificate of operating authority or a service provider
2-1 certificate of operating authority.
2-2 (d) Notwithstanding any other law, the commission has the
2-3 jurisdiction necessary to enforce this section.
2-4 SECTION 2. Section 55.014, Utilities Code, is amended to
2-5 read as follows:
2-6 Sec. 55.014. PROVISION OF ADVANCED TELECOMMUNICATIONS
2-7 SERVICES. (a) [In this section, "advanced service" means any
2-8 telecommunications service other than residential or business basic
2-9 local exchange telephone service, caller identification service,
2-10 and customer calling features.]
2-11 [(b)] This section applies to a company electing under
2-12 Chapter 58, Chapter 59, or a company that holds a certificate of
2-13 operating authority or service provider certificate of operating
2-14 authority.
2-15 [(c) Notwithstanding any other provision of this title,
2-16 beginning September 1, 2001, a company to which this section
2-17 applies that provides advanced telecommunications services within
2-18 the company's urban service areas, shall, on a bona fide retail
2-19 request for those services, provide in rural areas of this state
2-20 served by the company advanced telecommunications services that
2-21 are reasonably comparable to the advanced services provided in
2-22 urban areas. The company shall offer the advanced
2-23 telecommunications services:]
2-24 [(1) at prices, terms, and conditions that are
2-25 reasonably comparable to the prices, terms, and conditions for
2-26 similar advanced services provided by the company in urban areas;
2-27 and]
3-1 [(2) within 15 months after the bona fide request for
3-2 those advanced services.]
3-3 [(d) Notwithstanding any other provision of this title, a
3-4 company to which this section applies shall, on a bona fide retail
3-5 request for those services, offer caller identification service and
3-6 custom calling features in rural areas served by the company. The
3-7 company shall offer the services:]
3-8 [(1) at prices, terms, and conditions reasonably
3-9 comparable to the company's prices, terms, and conditions for
3-10 similar services in urban areas; and]
3-11 [(2) within 15 months after the bona fide request for
3-12 those services.]
3-13 [(e) This section may not be construed to require a company
3-14 to:]
3-15 [(1) begin providing services in a rural area in which
3-16 the company does not provide local exchange telephone service; or]
3-17 [(2) provide a service in a rural area of this state
3-18 unless the company provides the service in urban areas of this
3-19 state.]
3-20 (b) [(f)] For purposes of this section, a company to which
3-21 this section applies is considered to provide services in urban
3-22 areas of this state if the company provides services in a
3-23 municipality with a population of more than 190,000.
3-24 (c) As an incentive to deploy advanced services in the
3-25 state, a company electing to Chapter 59, without having to elect to
3-26 Chapter 58, may, upon notification to the commission, elect to have
3-27 its services established as basic network services according to
4-1 Section 58.051, nonbasic services according to Section 58.151, and
4-2 new services according to Section 58.153. In addition, the rate
4-3 cap provision in Section 58.054, pricing and packaging flexibility
4-4 in Section 59.031, pricing provisions in Section 58.152, applicable
4-5 to basic network and nonbasic services shall also be applicable. A
4-6 company may elect into this incentive plan only if the company is
4-7 required to provide services under Subsection (d).
4-8 (d) If 120 days after the posting of 50 bona fide requests
4-9 by the commission a community is unsuccessful in attracting a
4-10 provider of advanced services, then a company to which this section
4-11 applies shall provide advanced services to its landline customers
4-12 that are reasonably comparable to the advanced services provided in
4-13 their larger exchanges. The company shall offer the advanced
4-14 services:
4-15 (1) at prices, terms, and conditions that are
4-16 reasonably comparable to the prices, terms, and conditions for the
4-17 similar advanced services provided by the company in their larger
4-18 exchanges; and
4-19 (2) within nine months after the requirement to
4-20 provide those advanced services for a community within their
4-21 service area.
4-22 (e) This section may not be construed to require a company
4-23 to:
4-24 (1) begin providing services in an area in which the
4-25 company does not provide local exchange service; or
4-26 (2) provide a service in an area of this state unless
4-27 the company provides the service in a larger exchange for which it
5-1 is certificated to serve.
5-2 (f) The commission shall, by rule, determine what
5-3 constitutes a bona fide request.
5-4 (g) The requirements of Subsection (d) shall be considered
5-5 met:
5-6 (1) if the electing company has provided or deploys
5-7 advanced services in such communities; or
5-8 (2) if alternative telecommunications carriers, cable
5-9 companies, wireless providers, or satellite companies provide
5-10 advanced services, as defined by Section 55.402, to the customers
5-11 of Chapter 59 companies.
5-12 (h) Notwithstanding any other provisions of this title, the
5-13 commission has all jurisdiction necessary to enforce this section.
5-14 (i) In this section, "advanced services" has the same
5-15 meaning as provided in Section 55.402.
5-16 (j) Section 14.101 does not apply to a company electing to
5-17 this subsection.
5-18 [(g) Notwithstanding any other provision of this title, the
5-19 commission has all jurisdiction necessary to enforce this section.]
5-20 SECTION 3. Chapter 55, Utilities Code, is amended by adding
5-21 Subchapter L to read as follows:
5-22 SUBCHAPTER L. DEPLOYMENT OF ADVANCED SERVICES TO RURAL AREAS
5-23 Sec. 55.401. POLICY. It is the policy of this state to:
5-24 (1) ensure the availability of advanced services to
5-25 every residential and business customer;
5-26 (2) ensure that access in rural areas for advanced
5-27 services is reasonably comparable in price, terms, and quality as
6-1 that provided in urban areas; and
6-2 (3) encourage the deployment of advanced services,
6-3 without regard to any specific transmission media or technology, to
6-4 all communities of the state and to any person.
6-5 Sec. 55.402. DEFINITIONS. In this subchapter:
6-6 (1) "Advanced services" means a service that,
6-7 regardless of transmission media or technology, enables users to
6-8 originate and receive voice, data, graphics, and video with
6-9 upstream and downstream speeds in excess of 128 kilobits per
6-10 second.
6-11 (2) "Anchor tenancy" means the use of advanced
6-12 services by large scale consumers of advanced services, including
6-13 but not limited to local government, schools, and libraries, to
6-14 guarantee a certain level of demand that is large enough to take
6-15 advantage of economies of scale sufficient to:
6-16 (A) mitigate the risk of making a relatively
6-17 high fixed investment in advanced services infrastructure; or
6-18 (B) encourage private sector investment in the
6-19 infrastructure adequate to provide state-of-the-art advanced
6-20 services to a given community.
6-21 (3) "Commission" means the Public Utility Commission
6-22 of Texas.
6-23 (4) "Community networks" means advanced services
6-24 networks that allow broad community participation and utilization
6-25 of advanced services by private and public sector users.
6-26 (5) "Community technology centers" means centers that
6-27 provide individuals or organizations with access to computers,
7-1 technology literacy training, the Internet, technical support, and
7-2 staff training.
7-3 (6) "Company" means a local exchange company that has
7-4 a certificate of convenience and necessity (CCN).
7-5 (7) "Demand aggregation" means the joining together of
7-6 several small consumers who desire advanced services and hold
7-7 themselves out to a provider of advanced services as a single
7-8 consumer that is large enough to warrant private investment in
7-9 providing the requested service, thereby combining the buying power
7-10 of the consumers.
7-11 (8) "Local solutions" means a documented attempt by a
7-12 local government, including but not limited to a county
7-13 commissioners court, city council, or economic development
7-14 authority, or private initiative to encourage the deployment of
7-15 advanced services to a community by the use of demand aggregation,
7-16 anchor tenancy, community networks, or any similar means approved
7-17 by the commission.
7-18 (9) "Market failure" means the inability of a rural
7-19 community to accumulate 50 bona fide requests over a 90-day period.
7-20 The 90-day period begins when the rural community notifies the
7-21 commission of its effort to accumulate the bona fide requests.
7-22 (10) "Rural" means a home-rule or general-law
7-23 municipality with a population of less than 20,000 that is not
7-24 located in a county that has a municipality with a population
7-25 greater than 190,000.
7-26 (11) "Urban" means a municipality with a population of
7-27 more than 190,000.
8-1 Sec. 55.4025. COMMUNITY INCENTIVES. (a) Upon notification
8-2 by the commission that a rural community has 50 bona fide requests
8-3 for advanced services, the rural community, upon commission
8-4 approval, may utilize funding sources under Section 55.404(b) to
8-5 attract any provider of advanced services in the state.
8-6 (b) The commission shall post publicly the number of bona
8-7 fide requests for advanced services in rural communities.
8-8 Sec. 55.403. PROVISION OF ADVANCED SERVICES. (a) This
8-9 subchapter applies to a company as defined in Section 55.402(6).
8-10 (b) If 120 days after the posting of 50 bona fide requests
8-11 for advanced services by the commission a community is unsuccessful
8-12 in attracting a provider of advanced services, then the company
8-13 shall provide advanced services to landline customers in the
8-14 community within its certificated area that are reasonably
8-15 comparable to the advanced services provided in their larger
8-16 exchanges. Upon such request the company shall:
8-17 (1) provide the requested service; or
8-18 (2) enter into a partnership or joint venture with
8-19 another provider of advanced services in order to provide the
8-20 requested service.
8-21 (c) Advanced services shall be provided by the company:
8-22 (1) at prices, terms, conditions, and quality that are
8-23 reasonably comparable to the prices, terms, conditions, and quality
8-24 for similar services provided in urban areas of the state; and
8-25 (2) within nine months after the requirement to
8-26 provide those advanced services for a community within their
8-27 service area.
9-1 Sec. 55.404. DEPLOYMENT OF ADVANCED SERVICES TO RURAL AREAS.
9-2 (a) The state believes it is important that companies and
9-3 communities seek local solutions to encourage the deployment of
9-4 advanced services. The state determines that the following local
9-5 solutions are best practices for encouraging deployment of such
9-6 services in all areas of the state:
9-7 (1) demand aggregation;
9-8 (2) anchor tenancy; and
9-9 (3) community networks.
9-10 (b) In accordance with Section 55.4025 and in addition to
9-11 the provisions of Subsection (a), rural communities with
9-12 populations less than 20,000 may seek to fund advanced services
9-13 through the following means:
9-14 (1) projects utilizing funding sources identified in
9-15 the Development Corporation Act of 1979 (Article 5190.6, Vernon's
9-16 Texas Civil Statutes) (4A/4B projects);
9-17 (2) telecommunications infrastructure fund grants to
9-18 provide community technology centers;
9-19 (3) community development block grants;
9-20 (4) Texas Agricultural Finance Authority financing; or
9-21 (5) other business incentives within the jurisdiction
9-22 of the local government's authority.
9-23 (c) Upon a showing to the commission that market failure has
9-24 occurred and that local solutions have been unsuccessful in
9-25 encouraging the deployment of advanced services in a rural
9-26 community, the appropriate local governmental body or residents,
9-27 upon petition of 25 percent of the residents, may request of the
10-1 commission permission to:
10-2 (1) allow private entities within the jurisdictional
10-3 boundaries of the local government to use the state's consolidated
10-4 telecommunications system;
10-5 (2) seek telecommunications infrastructure fund grants
10-6 to provide advanced services infrastructure; or
10-7 (3) provide advanced services to their community
10-8 pursuant to Section 54.202(c).
10-9 (d) In rural communities with populations less than 2,000,
10-10 beginning January 1, 2002, the appropriate local governmental body
10-11 or residents, upon petition of 25 percent of the residents, may
10-12 request of the commission permission to:
10-13 (1) allow private entities within the jurisdictional
10-14 boundaries of the local government to use the state's consolidated
10-15 telecommunications system;
10-16 (2) seek telecommunications infrastructure fund grants
10-17 to provide advanced services infrastructure; or
10-18 (3) provide advanced services to their community
10-19 pursuant to Section 54.202(c).
10-20 (e) Rural communities under Subsection (d) are not required
10-21 to demonstrate market failure to the commission prior to requesting
10-22 the provisions under Subsection (d).
10-23 Sec. 55.405. STATEWIDE ADVANCED SERVICES STRATEGIC PLANNING.
10-24 (a) The commission is responsible for strategic planning for the
10-25 deployment of advanced services to end use customers in rural
10-26 areas.
10-27 (b) The commission shall coordinate with and provide
11-1 direction to other agencies regarding the deployment of advanced
11-2 services or issues that may affect the deployment of advanced
11-3 services throughout the state.
11-4 (c) In order to perform strategic planning, the commission
11-5 shall collect and make use of data and information deemed necessary
11-6 to ensure the most efficient deployment of advanced services
11-7 throughout the state.
11-8 (d) Information obtained pursuant to this subchapter is
11-9 confidential, shall not be disclosed, and is excepted from public
11-10 disclosure under Chapter 552, Government Code.
11-11 Sec. 55.406. COMMISSION AUTHORITY. Notwithstanding any other
11-12 provision of this title, the commission has all jurisdiction
11-13 necessary to enforce this subchapter.
11-14 SECTION 4. Section 57.042, Utilities Code, is amended to
11-15 read as follows:
11-16 Sec. 57.042. DEFINITIONS. In this subchapter:
11-17 (1) "Advanced services" has the same meaning as
11-18 provided in Section 55.402.
11-19 (2) [(1)] "Ambulatory health care center" means a
11-20 health care clinic or an association of such a clinic that is:
11-21 (A) exempt from federal income taxation under
11-22 Section 501(a), Internal Revenue Code of 1986, as amended, as an
11-23 organization described by Section 501(c)(3), as amended; and
11-24 (B) funded wholly or partly by a grant under 42
11-25 U.S.C. Section 254b, 254c, or 256, as amended.
11-26 (3) [(2)] "Board" means the telecommunications
11-27 infrastructure fund board.
12-1 (4) [(3)] "Commercial mobile service provider" means a
12-2 provider of commercial mobile service as defined by Section 332(d),
12-3 Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
12-4 Communications Commission rules, and the Omnibus Budget
12-5 Reconciliation Act of 1993 (Pub. L. No. 103-66).
12-6 (5) "Community technology centers" has the same
12-7 meaning as provided in Section 55.402.
12-8 (6) [(4)] "Fund" means the telecommunications
12-9 infrastructure fund.
12-10 (7) [(5)] "Institution of higher education" means:
12-11 (A) an institution of higher education as
12-12 defined by Section 61.003, Education Code; or
12-13 (B) a private or independent institution of
12-14 higher education as defined by Section 61.003, Education Code.
12-15 (8) [(6)] "Library" means:
12-16 (A) a public library or regional library system
12-17 as those terms are defined by Section 441.122, Government Code; or
12-18 (B) a library operated by an institution of
12-19 higher education or a school district.
12-20 (9) [(7)] "Public not-for-profit health care facility"
12-21 means a rural or regional hospital or other entity such as a rural
12-22 health clinic that:
12-23 (A) is supported by local or regional tax
12-24 revenue;
12-25 (B) is a certified not-for-profit health
12-26 corporation, under federal law; or
12-27 (C) is an ambulatory health care center.
13-1 (10) [(8)] "School district" includes an independent
13-2 school district, a common school district, and a rural high school
13-3 district.
13-4 (11) [(9)] "Public school" means a public elementary
13-5 or secondary school, including an open-enrollment charter school, a
13-6 home-rule school district school, and a school with a campus or
13-7 campus program charter.
13-8 (12) [(10)] "Taxable telecommunications receipts"
13-9 means taxable telecommunications receipts reported under Chapter
13-10 151, Tax Code.
13-11 (13) [(11)] "Telemedicine":
13-12 (A) means medical services delivered by
13-13 telecommunications technologies to rural or underserved public
13-14 not-for-profit health care facilities or primary health care
13-15 facilities in collaboration with an academic health center and an
13-16 associated teaching hospital or tertiary center or with another
13-17 public not-for-profit health care facility; and
13-18 (B) includes consultive services, diagnostic
13-19 services, interactive video consultation, teleradiology,
13-20 telepathology, and distance education for working health care
13-21 professionals.
13-22 SECTION 5. Section 57.046, Utilities Code, is amended to read
13-23 as follows:
13-24 Sec. 57.046. USE OF ACCOUNTS. (a) The board shall use money
13-25 in the public schools account to award grants and loans in
13-26 accordance with this subchapter to fund:
13-27 (1) equipment for public schools, including computers,
14-1 printers, computer labs, and video equipment; and
14-2 (2) intracampus and intercampus wiring to enable those
14-3 public schools to use the equipment.
14-4 (b) The board shall use money in the qualifying entities
14-5 account for any purpose authorized by this subchapter, including:
14-6 (1) equipment;
14-7 (2) wiring;
14-8 (3) material;
14-9 (4) program development;
14-10 (5) training;
14-11 (6) installation costs; [and]
14-12 (7) a statewide telecommunications network; and
14-13 (8) infrastructure and related costs for the provision
14-14 of community technology centers or advanced services to rural areas
14-15 of this state pursuant to Sections 55.4025 and 55.404.
14-16 SECTION 6. Section 57.047, Utilities Code, is amended to read
14-17 as follows:
14-18 Sec. 57.047. GRANT AND LOAN PROGRAM. (a) The board may
14-19 award a grant to a project or proposal that:
14-20 (1) provides equipment and infrastructure necessary
14-21 for:
14-22 (A) distance learning;
14-23 (B) an information sharing program of a library;
14-24 [or]
14-25 (C) telemedicine services; or
14-26 (D) the provision of community technology
14-27 centers or advanced services in rural areas of the state pursuant
15-1 to Sections 55.4025 and 55.404;
15-2 (2) develops and implements the initial or
15-3 prototypical delivery of a course or other distance learning
15-4 material;
15-5 (3) trains teachers, faculty, librarians, or
15-6 technicians in the use of distance learning or information sharing
15-7 materials and equipment;
15-8 (4) develops a curriculum or instructional material
15-9 specially suited for telecommunications delivery;
15-10 (5) provides electronic information; or
15-11 (6) establishes or carries out an information sharing
15-12 program.
15-13 (b) The board may award a loan to a project or proposal to
15-14 acquire equipment needed for distance learning and telemedicine
15-15 projects.
15-16 (c) In awarding a grant or loan under this subchapter, the
15-17 board shall give priority to a project or proposal that:
15-18 (1) represents collaborative efforts involving more
15-19 than one school, university, or library;
15-20 (2) contributes matching funds from another source;
15-21 (3) shows promise of becoming self-sustaining;
15-22 (4) helps users of information learn new ways to
15-23 acquire and use information through telecommunications;
15-24 (5) extends specific educational information and
15-25 knowledge services to a group not previously served, especially a
15-26 group in a rural or remote area;
15-27 (6) results in more efficient or effective learning
16-1 than through conventional teaching;
16-2 (7) improves the effectiveness and efficiency of
16-3 health care delivery; [or]
16-4 (8) takes advantage of distance learning opportunities
16-5 in a rural or urban school district with a:
16-6 (A) disproportionate number of at-risk youths;
16-7 or
16-8 (B) high dropout rate; or
16-9 (9) will establish or enhance the provision of
16-10 advanced services to rural areas of this state.
16-11 (d) In distributing money to public schools, the board
16-12 shall:
16-13 (1) consider the relative property wealth per student
16-14 of the school districts that receive the money; and
16-15 (2) recognize the unique needs of rural communities.
16-16 (e) [If a board member is an employee of an entity that
16-17 applies for a grant or loan under this subchapter, the board
16-18 member, before a vote on the grant or loan, shall disclose the fact
16-19 of the member's employment. The disclosure must be entered into
16-20 the minutes of the meeting. The board member may not vote on or
16-21 otherwise participate in the awarding of the grant or loan. If the
16-22 board member does not comply with this subsection, the entity is
16-23 not eligible for the grant or loan.]
16-24 [(f)] A grant or loan awarded under this section is subject
16-25 to the limitations prescribed by Sections [Section] 57.046 and
16-26 57.0475.
16-27 SECTION 7. Subchapter C, Chapter 57, Utilities Code, is
17-1 amended by adding Section 57.0475 to read as follows:
17-2 Sec. 57.0475. GRANTS TO RURAL AREAS FOR ADVANCED
17-3 TELECOMMUNICATIONS SERVICES. (a) In consideration of the duties
17-4 and responsibilities given the board under this chapter, it is the
17-5 policy of this state that all rural areas of this state have access
17-6 to advanced services. The board shall coordinate its duties and
17-7 responsibilities with the commission and any other entity to
17-8 encourage the ubiquitous access of advanced services in rural areas
17-9 of the state.
17-10 (b) Any public or governmental entity or political
17-11 subdivision, or person, association, or entity, within a rural
17-12 area, as defined by Section 55.402, may:
17-13 (1) seek funds under this chapter for the development
17-14 of community technology centers; and
17-15 (2) seek funds under this chapter for the provision of
17-16 advanced services, pursuant to commission approval under Sections
17-17 55.4025 and 55.404.
17-18 (c) The board shall adopt rules to implement this section in
17-19 cooperation with the Public Utility Commission of Texas and the
17-20 Department of Information Resources. The rules shall include the
17-21 coordination of requests for access under this section from
17-22 different parties in the same rural area.
17-23 SECTION 8. Sections 57.048, 57.050, and 57.051, Utilities
17-24 Code, are amended to read as follows:
17-25 Sec. 57.048. ASSESSMENTS AND COLLECTIONS. (a) An annual
17-26 assessment is imposed on each telecommunications utility and each
17-27 commercial mobile service provider doing business in this state.
18-1 (b) The assessment is imposed at the rate of .625 [1.25]
18-2 percent of the taxable telecommunications receipts of the
18-3 telecommunications utility or commercial mobile service provider,
18-4 subject to this section.
18-5 (c) [The total amount deposited to the credit of the fund,
18-6 excluding interest and loan repayments, may not exceed $1.5
18-7 billion. Not later than August 31 of each year, the comptroller
18-8 shall determine the total amount, excluding interest and loan
18-9 repayments, that has been deposited to the credit of the fund
18-10 during that fiscal year and the preceding fiscal years. If the
18-11 comptroller determines that a total of $1.2 billion or more,
18-12 excluding interest and loan repayments, has been deposited to the
18-13 credit of the fund, the comptroller shall impose the assessment
18-14 during the next fiscal year at a rate that the comptroller
18-15 estimates is sufficient to produce the amount necessary to result
18-16 in the deposit in the fund of a total of not more than $1.5
18-17 billion, excluding interest and loan repayments.]
18-18 [(d) The comptroller may not collect the assessment during a
18-19 fiscal year if the comptroller determines after the yearly review
18-20 that the total amount deposited to the credit of the fund during
18-21 that fiscal year and the preceding fiscal years is $1.49 billion or
18-22 more, excluding interest and loan repayments, and it is not
18-23 possible to impose the assessment during the next fiscal year at a
18-24 practical rate without collecting more than a total of $1.5
18-25 billion, excluding interest and loan repayments.]
18-26 [(e)] The comptroller may require a telecommunications
18-27 utility or commercial mobile service provider to provide any report
19-1 or information necessary to fulfill the comptroller's duties under
19-2 this section. Information provided to the comptroller under this
19-3 section is confidential and exempt from disclosure under Chapter
19-4 552, Government Code.
19-5 Sec. 57.050. ASSISTANCE OF OTHER AGENCIES. The following
19-6 agencies, in consultation with the board, shall adopt policies and
19-7 procedures that are designed to aid the board in achieving the
19-8 purposes of this subchapter:
19-9 (1) the Texas Higher Education Coordinating Board;
19-10 (2) the Texas Education Agency; [and]
19-11 (3) the Texas State Library and Archives Commission;
19-12 (4) the Public Utility Commission of Texas; and
19-13 (5) the Department of Information Resources.
19-14 Sec. 57.051. SUNSET PROVISION. The Telecommunications
19-15 Infrastructure Fund Board is subject to Chapter 325, Government
19-16 Code (Texas Sunset Act). Unless continued in existence as provided
19-17 by that chapter, the board is abolished and this subchapter expires
19-18 September 1, 2010 [2005].
19-19 SECTION 9. Section 2054.206, Government Code, is amended to
19-20 read as follows:
19-21 Sec. 2054.206. ADVISORY AGENCIES. The following state
19-22 agencies shall formally advise the telecommunications planning
19-23 group and send representatives to meetings of the group:
19-24 (1) the Texas Education Agency;
19-25 (2) the Texas Higher Education Coordinating Board;
19-26 (3) The Texas A&M University System;
19-27 (4) The University of Texas System;
20-1 (5) the Telecommunications Infrastructure Fund Board;
20-2 [and]
20-3 (6) the Texas State Library and Archives Commission;
20-4 (7) the Public Utility Commission of Texas;
20-5 (8) the General Services Commission;
20-6 (9) the Department of Information Resources;
20-7 (10) the Commission on State Emergency Communications;
20-8 and
20-9 (11) the Texas Department of Economic Development.
20-10 SECTION 10. Section 2170.004, Government Code, is amended to
20-11 read as follows:
20-12 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
20-13 AGENCIES. The commission may contract for use of the consolidated
20-14 telecommunications system with:
20-15 (1) each house of the legislature;
20-16 (2) a legislative agency;
20-17 (3) an agency that is not a state agency as defined by
20-18 Section 2151.002; [and]
20-19 (4) a political subdivision, including a county,
20-20 municipality, or district; and
20-21 (5) any person or entity the Public Utility Commission
20-22 of Texas approves for use that resides within a rural area of this
20-23 state as provided by Section 2170.060.
20-24 SECTION 11. Subchapter A, Chapter 2170, Government Code, is
20-25 amended by adding Section 2170.0045 to read as follows:
20-26 Sec. 2170.0045. PUBLIC ENTITY ACCESS TO CONSOLIDATED
20-27 TELECOMMUNICATIONS SYSTEM. Upon approval by the Public Utility
21-1 Commission of Texas, the commission shall allow access to and
21-2 contract the use of the consolidated telecommunications system to
21-3 any public or governmental entity or political subdivision of this
21-4 state as provided by Section 2170.060. The commission may require
21-5 the public or governmental entity or political subdivision to
21-6 contract with the commission pursuant to the Interlocal Cooperation
21-7 Act, Chapter 791, Government Code.
21-8 SECTION 12. Section 2170.058, Government Code, is amended to
21-9 read as follows:
21-10 Sec. 2170.058. USE OF SYSTEM BY CERTAIN STUDENTS. (a) An
21-11 institution of higher education under Section 61.003, Education
21-12 Code, that is authorized to use the system of telecommunications
21-13 services established under this chapter may allow students of the
21-14 institution who reside in housing for which the institution
21-15 provides telephone service to use the system of telecommunications
21-16 services. An institution shall recover from a student who chooses
21-17 to use the system the full pro rata cost attributable to that
21-18 student's use, including costs identifiable for interconnection to
21-19 and use of the local publicly switched network.
21-20 (b) The commission shall adopt rules that govern student
21-21 access to the system, including:
21-22 (1) times of access to the system; and
21-23 (2) the full recovery of actual costs from each
21-24 student who uses the system.
21-25 [(c) In consideration of the duties and responsibilities
21-26 given the commission under this subtitle, it is the policy of this
21-27 state that a state agency or unit of state government may not
22-1 provide telecommunications products or services to the general
22-2 public in competition with private enterprise unless there is a
22-3 finding that providing the products or services is in the public
22-4 interest. This subsection does not prohibit students who reside in
22-5 housing for which institutions of higher education provide
22-6 telephone service from using service provided under this section.]
22-7 SECTION 13. Subchapter B, Chapter 2170, Government Code, is
22-8 amended by adding Section 2170.060 to read as follows:
22-9 Sec. 2170.060. RURAL AREA ACCESS TO CONSOLIDATED
22-10 TELECOMMUNICATIONS SYSTEM. (a) In consideration of the duties and
22-11 responsibilities given to the commission under this subtitle, and
22-12 to the Public Utility Commission of Texas under the Utilities Code,
22-13 it is the policy of this state that all rural areas of this state
22-14 that are unable to obtain advanced services have access to such
22-15 services through the consolidated telecommunications system.
22-16 (b) The commission shall coordinate its duties and
22-17 responsibilities with the telecommunications infrastructure fund
22-18 and permit access, pursuant to Public Utility Commission of Texas
22-19 approval under Section 55.404, Utilities Code.
22-20 (c) The Public Utility Commission of Texas shall adopt rules
22-21 to implement this section in cooperation with the
22-22 telecommunications planning group and the commission. The rules
22-23 shall include the coordination of requests for access under this
22-24 section from different parties in the same rural area.
22-25 SECTION 14. Section 2(11)(A), Development Corporation Act of
22-26 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
22-27 read as follows:
23-1 (A) "Project" shall mean the land, buildings,
23-2 equipment, facilities, targeted infrastructure, and improvements
23-3 (one or more) to promote new and expanded business development or
23-4 found by the board of directors to be required or suitable for the
23-5 promotion of development and expansion of manufacturing and
23-6 industrial facilities, job creation and retention, job training,
23-7 educational facilities, transportation facilities (including but
23-8 not limited to airports, ports, mass commuting facilities, and
23-9 parking facilities), facilities or infrastructure used to support
23-10 or provide advanced services, sewage or solid waste disposal
23-11 facilities, recycling facilities, air or water pollution control
23-12 facilities, facilities for the furnishing of water to the general
23-13 public, distribution centers, small warehouse facilities capable of
23-14 serving as decentralized storage and distribution centers, and
23-15 facilities for use by institutions of higher education, and for the
23-16 promotion of development or redevelopment and expansion, including
23-17 costs of administration and operation, of a military base closed or
23-18 realigned pursuant to recommendation of the Defense Closure and
23-19 Realignment Commission pursuant to the Defense Base Closure and
23-20 Realignment Act of 1990 (10 U.S.C. Section 2687 note) as amended,
23-21 and of facilities which are related to any of the foregoing, and in
23-22 furtherance of the public purposes of this Act, all as defined in
23-23 the rules of the department, irrespective of whether in existence
23-24 or required to be identified, acquired, or constructed thereafter.
23-25 ["Project" also includes job training required or suitable
23-26 for the promotion of development and expansion of business
23-27 enterprises and other enterprises described by this Act, as
24-1 provided by Section 38 of this Act.]
24-2 SECTION 15. Chapter 51, Local Government Code, is amended by
24-3 adding Sections 51.019, 51.036, 51.053, and 51.080 to read as
24-4 follows:
24-5 Sec. 51.019. PROVISION OF ADVANCED SERVICES. A Type-A
24-6 municipality may buy, own, construct inside or outside the
24-7 municipal limits, and maintain and operate a certificated facility
24-8 designed to provide reasonably comparable access to advanced
24-9 services for its residents pursuant to Section 55.404, Utilities
24-10 Code. The municipality may require and receive compensation for
24-11 such services furnished for private purposes or otherwise. The
24-12 municipality may use eminent domain authority to appropriate real
24-13 property, rights-of-way, or other property as necessary to
24-14 efficiently carry out those objects. In its charter, the
24-15 municipality may adopt rules, not inconsistent with existing state
24-16 law, it considers advisable for the provisioning of advanced
24-17 services.
24-18 Sec. 51.036. PROVISION OF ADVANCED SERVICES. A Type-B
24-19 municipality may buy, own, construct inside or outside the
24-20 municipal limits, and maintain and operate a certificated facility
24-21 designed to provide reasonably comparable access to advanced
24-22 services for its residents pursuant to Section 55.404, Utilities
24-23 Code. The municipality may require and receive compensation for
24-24 such services furnished for private purposes or otherwise. The
24-25 municipality may use eminent domain authority to appropriate real
24-26 property, rights-of-way, or other property as necessary to
24-27 efficiently carry out those objects. In its charter, the
25-1 municipality may adopt rules, not inconsistent with existing state
25-2 law, it considers advisable for the provisioning of advanced
25-3 services.
25-4 Sec. 51.053. PROVISION OF ADVANCED SERVICES. A Type-C
25-5 municipality may buy, own, construct inside or outside the
25-6 municipal limits, and maintain and operate a certificated facility
25-7 designed to provide reasonably comparable access to advanced
25-8 services for its residents pursuant to Section 55.404, Utilities
25-9 Code. The municipality may require and receive compensation for
25-10 such services furnished for private purposes or otherwise. The
25-11 municipality may use eminent domain authority to appropriate real
25-12 property, rights-of-way, or other property as necessary to
25-13 efficiently carry out those objects. In its charter, the
25-14 municipality may adopt rules, not inconsistent with existing state
25-15 law, it considers advisable for the provisioning of advanced
25-16 services.
25-17 Sec. 51.080. PROVISION OF ADVANCED SERVICES. A home-rule
25-18 municipality may buy, own, construct inside or outside the
25-19 municipal limits, and maintain and operate a certificated facility
25-20 designed to provide reasonably comparable access to advanced
25-21 services for its residents pursuant to Section 55.404, Utilities
25-22 Code. The municipality may require and receive compensation for
25-23 such services furnished for private purposes or otherwise. The
25-24 municipality may use eminent domain authority to appropriate real
25-25 property, rights-of-way, or other property as necessary to
25-26 efficiently carry out those objects. In its charter, the
25-27 municipality may adopt rules, not inconsistent with existing state
26-1 law, it considers advisable for the provisioning of advanced
26-2 services.
26-3 SECTION 16. This Act takes effect September 1, 2001.