1-1 By: Sibley, et al. S.B. No. 1783
1-2 (In the Senate - Filed March 28, 2001; March 29, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 April 9, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 9, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1783 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of telecommunications services, fees,
1-11 and programs.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 54.202, Utilities Code, is amended to
1-14 read as follows:
1-15 Sec. 54.202. PROHIBITED MUNICIPAL SERVICES. (a) A
1-16 municipality or municipal electric system may not offer for sale to
1-17 the public:
1-18 (1) a service for which a certificate of convenience
1-19 and necessity, a certificate of operating authority, or a service
1-20 provider certificate of operating authority is required; or
1-21 (2) a nonswitched telecommunications service used to
1-22 connect a customer's premises with:
1-23 (A) another customer's premises within the
1-24 exchange; or
1-25 (B) a long distance provider that serves the
1-26 exchange.
1-27 (b) Subsection (a) applies to a service offered either
1-28 directly or indirectly through a telecommunications provider.
1-29 (c) Notwithstanding Subsections (a) and (b), a
1-30 municipality, pursuant to commission approval under Section 55.404,
1-31 may establish and provide only advanced services upon obtaining a
1-32 certificate of operating authority or a service provider
1-33 certificate of operating authority.
1-34 (d) Notwithstanding any other law, the commission has the
1-35 jurisdiction necessary to enforce this section.
1-36 SECTION 2. Chapter 55, Utilities Code, is amended by adding
1-37 Subchapter L to read as follows:
1-38 SUBCHAPTER L. DEPLOYMENT OF ADVANCED SERVICES TO RURAL AREAS
1-39 Sec. 55.401. POLICY. It is the policy of this state to:
1-40 (1) ensure the availability of advanced services to
1-41 every residential and business customer;
1-42 (2) ensure that access in rural areas to advanced
1-43 services is reasonably comparable in price, terms, conditions, and
1-44 quality as that provided in urban areas; and
1-45 (3) encourage the deployment of advanced services,
1-46 without regard to any specific transmission medium or technology,
1-47 to all communities of the state and to any person.
1-48 Sec. 55.402. DEFINITIONS. In this subchapter:
1-49 (1) "Advanced service" means a service that,
1-50 regardless of transmission medium or technology, is capable of
1-51 originating and receiving data with upstream and downstream speeds
1-52 of at least 128 kilobits per second.
1-53 (2) "Anchor tenancy" means the use, in a rural
1-54 community under this subchapter, of advanced services by large
1-55 scale consumers, including but not limited to local government,
1-56 schools, and libraries, to guarantee a certain level of demand that
1-57 is large enough to take advantage of economies of scale sufficient
1-58 to:
1-59 (A) mitigate the risk of making a relatively
1-60 high fixed investment in advanced services infrastructure; or
1-61 (B) encourage private sector investment in the
1-62 infrastructure adequate to provide state-of-the-art advanced
1-63 services to a given community.
1-64 (3) "Commission" means the Public Utility Commission
2-1 of Texas.
2-2 (4) "Community networks" means advanced services
2-3 networks in a rural community under this subchapter that allow
2-4 broad community participation and utilization of advanced services
2-5 by private and public sector users.
2-6 (5) "Community technology centers" means centers that
2-7 provide individuals or organizations with access to computers,
2-8 technology literacy training, the Internet, technical support, and
2-9 staff training.
2-10 (6) "Company" means a local exchange company that has
2-11 a certificate of convenience and necessity.
2-12 (7) "Demand aggregation" means the joining together of
2-13 several small consumers who desire advanced services and hold
2-14 themselves out to a provider of advanced services as a single
2-15 consumer that is large enough to warrant private investment in
2-16 providing the requested service, thereby combining the buying power
2-17 of the small consumers.
2-18 (8) "Local solutions" means a documented attempt by a
2-19 local government, including but not limited to a county
2-20 commissioners court, city council, or economic development
2-21 authority, or private initiative to encourage the deployment of
2-22 advanced services to a community by the use of demand aggregation,
2-23 anchor tenancy, community networks, or any similar means approved
2-24 by the commission.
2-25 (9) "Market failure" means the inability of a rural
2-26 community to obtain deployment of an advanced service through
2-27 market-based deployment, the incentive process provided under
2-28 Sections 55.4025 and 55.403, or the local solutions made available
2-29 under Section 55.404.
2-30 (10) "Rural community" means a home-rule or
2-31 general-law municipality with a population of less than 20,000 that
2-32 is not located in a county that has a municipality with a
2-33 population greater than 190,000.
2-34 (11) "Urban" means a municipality with a population of
2-35 more than 190,000.
2-36 Sec. 55.4025. INCENTIVE ELECTION AND PROCESSES TO ASSIST IN
2-37 MAKING ADVANCED SERVICES AVAILABLE. (a) This section applies to a
2-38 company that has elected under Chapter 59.
2-39 (b) Upon notification to the commission that a rural
2-40 community has 75 bona fide requests for an advanced service, the
2-41 rural community, upon commission approval, may utilize funding
2-42 sources under Section 55.404(b) to attract any provider of advanced
2-43 services in the state.
2-44 (c) The commission shall post publicly the number of bona
2-45 fide requests for an advanced service in each rural community.
2-46 (d) The commission shall, by rule, determine what
2-47 constitutes a bona fide request.
2-48 (e) As an incentive to deploy advanced services in the
2-49 state, a company electing under Chapter 59, without having to elect
2-50 under Chapter 58, may, upon notification to the commission, elect
2-51 to have its services established as basic network services
2-52 according to Section 58.051, nonbasic services according to Section
2-53 58.151, and new services according to Section 58.153. In addition,
2-54 the rate cap provision in Section 58.054, pricing and packaging
2-55 flexibility in Section 59.031, and pricing provisions in Section
2-56 58.152, applicable to basic network and nonbasic services, shall
2-57 also be applicable. A company may elect this incentive plan only if
2-58 the company is required to provide services under Subsection (f).
2-59 (f) If, 120 days after the posting of 75 bona fide requests
2-60 for an advanced service by the commission, a rural community has
2-61 not entered into a contract with a provider of advanced services,
2-62 then a company to which this section applies shall provide an
2-63 advanced service to its landline customers within its certificated
2-64 area that is reasonably comparable to an advanced service provided
2-65 in its larger exchanges. The company shall offer the advanced
2-66 service:
2-67 (1) at prices, terms, conditions, and quality that are
2-68 reasonably comparable to the prices, terms, conditions, and quality
2-69 for the similar advanced service provided by the company in its
3-1 larger exchanges; and
3-2 (2) within nine months after the requirement to
3-3 provide an advanced service for a community within its service
3-4 area.
3-5 (g) This section may not be construed to require a company
3-6 to:
3-7 (1) begin providing service in an area in which the
3-8 company does not provide local exchange service; or
3-9 (2) provide a service in an area of this state unless
3-10 the company provides the service in a larger exchange for which it
3-11 is certificated to serve.
3-12 (h) The requirements of Subsection (f) shall be considered
3-13 met:
3-14 (1) if a company described under Subsection (a) has
3-15 provided or deploys advanced services in the rural community; or
3-16 (2) if alternative telecommunications carriers, cable
3-17 companies, wireless providers, or satellite companies provide
3-18 advanced services to the customers of the rural community.
3-19 (i) Notwithstanding any other provision of this title, the
3-20 commission has all jurisdiction necessary to enforce this section.
3-21 (j) Section 14.101 does not apply to a company electing to
3-22 Subsection (e) that has fulfilled the requirements of this section.
3-23 Sec. 55.403. PROVISION OF ADVANCED SERVICES. (a) This
3-24 section applies to a company as defined in Section 55.402.
3-25 (b) Upon notification to the commission that a rural
3-26 community has 75 bona fide requests for an advanced service, the
3-27 rural community, upon commission approval, may utilize funding
3-28 sources under Section 55.404(b) to attract any provider of advanced
3-29 services in the state.
3-30 (c) The commission shall post publicly the number of bona
3-31 fide requests for an advanced service in each rural community.
3-32 (d) If, 120 days after the posting of 75 bona fide requests
3-33 for an advanced service by the commission, a community has not
3-34 entered into a contract with a provider of advanced services, then
3-35 a company to which this section applies shall provide an advanced
3-36 service to its landline customers within its certificated area that
3-37 is reasonably comparable to the advanced service provided in its
3-38 larger exchanges. Upon such request the company shall:
3-39 (1) provide an advanced service; or
3-40 (2) enter into a partnership or joint venture with
3-41 another provider of advanced services in order to provide an
3-42 advanced service.
3-43 (e) An advanced service shall be provided by the company:
3-44 (1) at prices, terms, conditions, and quality that are
3-45 reasonably comparable to the prices, terms, conditions, and quality
3-46 for the similar advanced services provided by the company in its
3-47 larger exchanges; and
3-48 (2) within nine months after the requirement to
3-49 provide an advanced service for a community within its service
3-50 area.
3-51 (f) The requirements of Subsection (d) shall be considered
3-52 met:
3-53 (1) if a company described under Subsection (a) has
3-54 provided or deploys advanced services in the rural community; or
3-55 (2) if alternative telecommunications carriers, cable
3-56 companies, wireless providers, or satellite companies provide
3-57 advanced services to the customers of the rural community.
3-58 Sec. 55.404. DEPLOYMENT OF ADVANCED SERVICES TO RURAL
3-59 COMMUNITIES. (a) The state believes it is important that
3-60 companies and rural communities seek local solutions to encourage
3-61 the deployment of advanced services. The state determines that the
3-62 following local solutions are best practices for encouraging
3-63 deployment of such services in rural communities of the state:
3-64 (1) demand aggregation;
3-65 (2) anchor tenancy; and
3-66 (3) community networks.
3-67 (b) In addition to the provisions of Subsection (a), and in
3-68 accordance with Sections 55.4025 and 55.403, a rural community may
3-69 seek to fund advanced services through the following means:
4-1 (1) funding sources identified in the Development
4-2 Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
4-3 Statutes);
4-4 (2) telecommunications infrastructure fund grants to
4-5 provide community technology centers;
4-6 (3) community development block grants;
4-7 (4) Texas Agricultural Finance Authority financing; or
4-8 (5) other business incentives within the jurisdiction
4-9 of the local government's authority.
4-10 (c) Upon a showing to the commission that market failure has
4-11 occurred, and that the incentive and local solutions processes
4-12 under this subchapter have been unsuccessful in encouraging the
4-13 deployment of advanced services in a rural community, the
4-14 appropriate local governmental body or residents on petition of 25
4-15 percent of the residents may request of the commission permission
4-16 to:
4-17 (1) allow private entities within the jurisdictional
4-18 boundaries of the local government to use the state's consolidated
4-19 telecommunications system only for purposes of providing an
4-20 advanced service;
4-21 (2) seek telecommunications infrastructure fund grants
4-22 to provide advanced services infrastructure; and
4-23 (3) provide an advanced service to the rural community
4-24 under Section 54.202(c).
4-25 Sec. 55.405. STATEWIDE ADVANCED SERVICES STRATEGIC PLANNING.
4-26 (a) The commission is responsible for strategic planning for the
4-27 deployment of advanced services to end use customers in rural
4-28 communities.
4-29 (b) The commission shall coordinate with and provide
4-30 direction to other agencies regarding the deployment of advanced
4-31 services or issues that may affect the deployment of advanced
4-32 services throughout the state.
4-33 (c) In order to perform strategic planning, the commission
4-34 may collect and make use of data and information considered
4-35 reasonably necessary to verify efficient deployment of advanced
4-36 services throughout the state.
4-37 (d) Information obtained pursuant to this subchapter is
4-38 confidential, shall not be disclosed, and is excepted from public
4-39 disclosure under Chapter 552, Government Code.
4-40 Sec. 55.406. COMMISSION AUTHORITY. Notwithstanding any
4-41 other provision of this title, the commission has all jurisdiction
4-42 necessary to enforce this subchapter.
4-43 SECTION 3. Section 57.042, Utilities Code, is amended to
4-44 read as follows:
4-45 Sec. 57.042. DEFINITIONS. In this subchapter:
4-46 (1) "Advanced service" has the meaning assigned by
4-47 Section 55.402.
4-48 (2) "Ambulatory health care center" means a health
4-49 care clinic or an association of such a clinic that is:
4-50 (A) exempt from federal income taxation under
4-51 Section 501(a), Internal Revenue Code of 1986, as amended, as an
4-52 organization described by Section 501(c)(3), as amended; and
4-53 (B) funded wholly or partly by a grant under 42
4-54 U.S.C. Section 254b, 254c, or 256, as amended.
4-55 (3) [(2)] "Board" means the telecommunications
4-56 infrastructure fund board.
4-57 (4) [(3)] "Commercial mobile service provider" means a
4-58 provider of commercial mobile service as defined by Section 332(d),
4-59 Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
4-60 Communications Commission rules, and the Omnibus Budget
4-61 Reconciliation Act of 1993 (Pub. L. No. 103-66).
4-62 (5) "Community technology centers" has the meaning
4-63 assigned by Section 55.402.
4-64 (6) [(4)] "Fund" means the telecommunications
4-65 infrastructure fund.
4-66 (7) [(5)] "Institution of higher education" means:
4-67 (A) an institution of higher education as
4-68 defined by Section 61.003, Education Code; or
4-69 (B) a private or independent institution of
5-1 higher education as defined by Section 61.003, Education Code.
5-2 (8) [(6)] "Library" means:
5-3 (A) a public library or regional library system
5-4 as those terms are defined by Section 441.122, Government Code; or
5-5 (B) a library operated by an institution of
5-6 higher education or a school district.
5-7 (9) [(7)] "Public not-for-profit health care facility"
5-8 means a rural or regional hospital or other entity such as a rural
5-9 health clinic that:
5-10 (A) is supported by local or regional tax
5-11 revenue;
5-12 (B) is a certified not-for-profit health
5-13 corporation, under federal law; or
5-14 (C) is an ambulatory health care center.
5-15 (10) [(8)] "School district" includes an independent
5-16 school district, a common school district, and a rural high school
5-17 district.
5-18 (11) [(9)] "Public school" means a public elementary
5-19 or secondary school, including an open-enrollment charter school, a
5-20 home-rule school district school, and a school with a campus or
5-21 campus program charter.
5-22 (12) "Rural community" has the meaning assigned by
5-23 Section 55.402.
5-24 (13) [(10)] "Taxable telecommunications receipts"
5-25 means taxable telecommunications receipts reported under Chapter
5-26 151, Tax Code.
5-27 (14) [(11)] "Telemedicine":
5-28 (A) means medical services delivered by
5-29 telecommunications technologies to rural or underserved public
5-30 not-for-profit health care facilities or primary health care
5-31 facilities in collaboration with an academic health center and an
5-32 associated teaching hospital or tertiary center or with another
5-33 public not-for-profit health care facility; and
5-34 (B) includes consultive services, diagnostic
5-35 services, interactive video consultation, teleradiology,
5-36 telepathology, and distance education for working health care
5-37 professionals.
5-38 SECTION 4. Section 57.046, Utilities Code, is amended to
5-39 read as follows:
5-40 Sec. 57.046. USE OF ACCOUNTS. (a) The board shall use
5-41 money in the public schools account to award grants and loans in
5-42 accordance with this subchapter to fund:
5-43 (1) equipment for public schools, including computers,
5-44 printers, computer labs, and video equipment; and
5-45 (2) intracampus and intercampus wiring to enable those
5-46 public schools to use the equipment.
5-47 (b) The board shall use money in the qualifying entities
5-48 account for any purpose authorized by this subchapter, including:
5-49 (1) equipment;
5-50 (2) wiring;
5-51 (3) material;
5-52 (4) program development;
5-53 (5) training;
5-54 (6) installation costs; [and]
5-55 (7) a statewide telecommunications network; and
5-56 (8) infrastructure and related costs for the provision
5-57 of community technology centers or an advanced service to a rural
5-58 community under Sections 55.4025, 55.403, and 55.404.
5-59 SECTION 5. Section 57.047, Utilities Code, is amended to
5-60 read as follows:
5-61 Sec. 57.047. GRANT AND LOAN PROGRAM. (a) The board may
5-62 award a grant to a project or proposal that:
5-63 (1) provides equipment and infrastructure necessary
5-64 for:
5-65 (A) distance learning;
5-66 (B) an information sharing program of a library;
5-67 [or]
5-68 (C) telemedicine services; or
5-69 (D) the provision of community technology
6-1 centers or an advanced service in a rural community under Sections
6-2 55.4025, 55.403, and 55.404;
6-3 (2) develops and implements the initial or
6-4 prototypical delivery of a course or other distance learning
6-5 material;
6-6 (3) trains teachers, faculty, librarians, or
6-7 technicians in the use of distance learning or information sharing
6-8 materials and equipment;
6-9 (4) develops a curriculum or instructional material
6-10 specially suited for telecommunications delivery;
6-11 (5) provides electronic information; or
6-12 (6) establishes or carries out an information sharing
6-13 program.
6-14 (b) The board may award a loan to a project or proposal to
6-15 acquire equipment needed for distance learning and telemedicine
6-16 projects.
6-17 (c) In awarding a grant or loan under this subchapter, the
6-18 board shall give priority to a project or proposal that:
6-19 (1) represents collaborative efforts involving more
6-20 than one school, university, or library;
6-21 (2) contributes matching funds from another source;
6-22 (3) shows promise of becoming self-sustaining;
6-23 (4) helps users of information learn new ways to
6-24 acquire and use information through telecommunications;
6-25 (5) extends specific educational information and
6-26 knowledge services to a group not previously served, especially a
6-27 group in a rural or remote area;
6-28 (6) results in more efficient or effective learning
6-29 than through conventional teaching;
6-30 (7) improves the effectiveness and efficiency of
6-31 health care delivery; [or]
6-32 (8) takes advantage of distance learning opportunities
6-33 in a rural or urban school district with a:
6-34 (A) disproportionate number of at-risk youths;
6-35 or
6-36 (B) high dropout rate; or
6-37 (9) will establish or enhance the provision of an
6-38 advanced service to a rural community.
6-39 (d) In distributing money to public schools, the board
6-40 shall:
6-41 (1) consider the relative property wealth per student
6-42 of the school districts that receive the money; and
6-43 (2) recognize the unique needs of rural communities.
6-44 (e) If a board member is an employee of an entity that
6-45 applies for a grant or loan under this subchapter, the board
6-46 member, before a vote on the grant or loan, shall disclose the fact
6-47 of the member's employment. The disclosure must be entered into
6-48 the minutes of the meeting. The board member may not vote on or
6-49 otherwise participate in the awarding of the grant or loan. If the
6-50 board member does not comply with this subsection, the entity is
6-51 not eligible for the grant or loan.
6-52 (f) A grant or loan awarded under this section is subject to
6-53 the limitations prescribed by Sections [Section] 57.046 and
6-54 57.0475.
6-55 SECTION 6. Subchapter C, Chapter 57, Utilities Code, is
6-56 amended by adding Section 57.0475 to read as follows:
6-57 Sec. 57.0475. GRANTS TO RURAL COMMUNITIES FOR ADVANCED
6-58 SERVICES. (a) In consideration of the duties and responsibilities
6-59 given the board under this chapter, it is the policy of this state
6-60 that rural communities have access to advanced services. The board
6-61 shall coordinate its duties and responsibilities with the
6-62 commission and any other entity to encourage the ubiquitous access
6-63 of advanced services in rural communities.
6-64 (b) Any public or governmental entity or political
6-65 subdivision within a rural community may:
6-66 (1) seek funds under this chapter for the development
6-67 of community technology centers under Sections 55.4025, 55.403, and
6-68 55.404; and
6-69 (2) seek funds under this chapter for the provision of
7-1 advanced services, pursuant to commission approval under Sections
7-2 55.4025, 55.403, and 55.404.
7-3 (c) The board shall adopt rules to implement this section in
7-4 cooperation with the commission and the Department of Information
7-5 Resources. The rules shall include the coordination of requests
7-6 for access under this section from different parties in the same
7-7 rural community.
7-8 SECTION 7. Sections 57.048, 57.050, and 57.051, Utilities
7-9 Code, are amended to read as follows:
7-10 Sec. 57.048. ASSESSMENTS AND COLLECTIONS. (a) An annual
7-11 assessment is imposed on each telecommunications utility and each
7-12 commercial mobile service provider doing business in this state.
7-13 (b) The assessment is imposed at the rate of .625 [1.25]
7-14 percent of the taxable telecommunications receipts of the
7-15 telecommunications utility or commercial mobile service provider,
7-16 subject to this section.
7-17 (c) [The total amount deposited to the credit of the fund,
7-18 excluding interest and loan repayments, may not exceed $1.5
7-19 billion. Not later than August 31 of each year, the comptroller
7-20 shall determine the total amount, excluding interest and loan
7-21 repayments, that has been deposited to the credit of the fund
7-22 during that fiscal year and the preceding fiscal years. If the
7-23 comptroller determines that a total of $1.2 billion or more,
7-24 excluding interest and loan repayments, has been deposited to the
7-25 credit of the fund, the comptroller shall impose the assessment
7-26 during the next fiscal year at a rate that the comptroller
7-27 estimates is sufficient to produce the amount necessary to result
7-28 in the deposit in the fund of a total of not more than $1.5
7-29 billion, excluding interest and loan repayments.]
7-30 [(d) The comptroller may not collect the assessment during a
7-31 fiscal year if the comptroller determines after the yearly review
7-32 that the total amount deposited to the credit of the fund during
7-33 that fiscal year and the preceding fiscal years is $1.49 billion or
7-34 more, excluding interest and loan repayments, and it is not
7-35 possible to impose the assessment during the next fiscal year at a
7-36 practical rate without collecting more than a total of $1.5
7-37 billion, excluding interest and loan repayments.]
7-38 [(e)] The comptroller may require a telecommunications
7-39 utility or commercial mobile service provider to provide any report
7-40 or information necessary to fulfill the comptroller's duties under
7-41 this section. Information provided to the comptroller under this
7-42 section is confidential and exempt from disclosure under Chapter
7-43 552, Government Code.
7-44 Sec. 57.050. ASSISTANCE OF OTHER AGENCIES. The following
7-45 agencies, in consultation with the board, shall adopt policies and
7-46 procedures that are designed to aid the board in achieving the
7-47 purposes of this subchapter:
7-48 (1) the Texas Higher Education Coordinating Board;
7-49 (2) the Texas Education Agency; [and]
7-50 (3) the Texas State Library and Archives Commission;
7-51 (4) the Public Utility Commission of Texas; and
7-52 (5) the Department of Information Resources.
7-53 Sec. 57.051. SUNSET PROVISION. The Telecommunications
7-54 Infrastructure Fund Board is subject to Chapter 325, Government
7-55 Code (Texas Sunset Act). Unless continued in existence as provided
7-56 by that chapter, the board is abolished and this subchapter expires
7-57 September 1, 2010 [2005].
7-58 SECTION 8. Section 58.253, Utilities Code, is amended to
7-59 read as follows:
7-60 Sec. 58.253. PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES.
7-61 (a) On customer request, an electing company shall provide private
7-62 network services to:
7-63 (1) an educational institution;
7-64 (2) a library;
7-65 (3) a nonprofit telemedicine center;
7-66 (4) a public or not-for-profit hospital;
7-67 (5) a project funded by the telecommunications
7-68 infrastructure fund under Subchapter C, Chapter 57, except for
7-69 projects authorized or permitted under Subchapter L, Chapter 55; or
8-1 (6) a legally constituted consortium or group of
8-2 entities listed in this subsection.
8-3 (b) Except as provided by Section 58.266, the electing
8-4 company shall provide the private network services for the private
8-5 and sole use of the receiving entity.
8-6 SECTION 9. Section 2054.206, Government Code, is amended to
8-7 read as follows:
8-8 Sec. 2054.206. ADVISORY AGENCIES. The following state
8-9 agencies shall formally advise the telecommunications planning
8-10 group and send representatives to meetings of the group:
8-11 (1) the Texas Education Agency;
8-12 (2) the Texas Higher Education Coordinating Board;
8-13 (3) The Texas A&M University System;
8-14 (4) The University of Texas System;
8-15 (5) the Telecommunications Infrastructure Fund Board;
8-16 [and]
8-17 (6) the Texas State Library and Archives Commission;
8-18 (7) the Public Utility Commission of Texas;
8-19 (8) the General Services Commission;
8-20 (9) the Department of Information Resources;
8-21 (10) the Commission on State Emergency Communications;
8-22 and
8-23 (11) the Texas Department of Economic Development.
8-24 SECTION 10. Section 2170.004, Government Code, is amended to
8-25 read as follows:
8-26 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
8-27 AGENCIES. The commission may contract for use of the consolidated
8-28 telecommunications system with:
8-29 (1) each house of the legislature;
8-30 (2) a legislative agency;
8-31 (3) an agency that is not a state agency as defined by
8-32 Section 2151.002; [and]
8-33 (4) a political subdivision, including a county,
8-34 municipality, or district; and
8-35 (5) any person or entity the Public Utility Commission
8-36 of Texas approves for use that resides within a rural community of
8-37 this state as provided by Section 2170.060.
8-38 SECTION 11. Subchapter A, Chapter 2170, Government Code, is
8-39 amended by adding Section 2170.0045 to read as follows:
8-40 Sec. 2170.0045. PUBLIC ENTITY ACCESS TO CONSOLIDATED
8-41 TELECOMMUNICATIONS SYSTEM. Upon approval by the Public Utility
8-42 Commission of Texas, the commission shall allow access to, and
8-43 contract the use of, the consolidated telecommunications system to
8-44 an approved public or governmental entity or political subdivision
8-45 of this state as provided by Section 2170.060. The commission may
8-46 require the public or governmental entity or political subdivision
8-47 to contract with the commission pursuant to the Interlocal
8-48 Cooperation Act, Chapter 791.
8-49 SECTION 12. Section 2170.058, Government Code, is amended to
8-50 read as follows:
8-51 Sec. 2170.058. USE OF SYSTEM BY CERTAIN STUDENTS. (a) An
8-52 institution of higher education under Section 61.003, Education
8-53 Code, that is authorized to use the system of telecommunications
8-54 services established under this chapter may allow students of the
8-55 institution who reside in housing for which the institution
8-56 provides telephone service to use the system of telecommunications
8-57 services. An institution shall recover from a student who chooses
8-58 to use the system the full pro rata cost attributable to that
8-59 student's use, including costs identifiable for interconnection to
8-60 and use of the local publicly switched network.
8-61 (b) The commission shall adopt rules that govern student
8-62 access to the system, including:
8-63 (1) times of access to the system; and
8-64 (2) the full recovery of actual costs from each
8-65 student who uses the system.
8-66 (c) In consideration of the duties and responsibilities
8-67 given the commission under this subtitle, it is the policy of this
8-68 state that a state agency or unit of state government may not
8-69 provide telecommunications products or services to the general
9-1 public in competition with private enterprise unless there is a
9-2 finding that providing the products or services is in the public
9-3 interest or as provided by law. This subsection does not prohibit
9-4 students who reside in housing for which institutions of higher
9-5 education provide telephone service from using service provided
9-6 under this section.
9-7 SECTION 13. Subchapter B, Chapter 2170, Government Code, is
9-8 amended by adding Section 2170.060 to read as follows:
9-9 Sec. 2170.060. RURAL COMMUNITY ACCESS TO CONSOLIDATED
9-10 TELECOMMUNICATIONS SYSTEM. (a) In this section, "rural community"
9-11 has the meaning assigned by Section 55.402, Utilities Code.
9-12 (b) In consideration of the duties and responsibilities
9-13 given to the commission under this subtitle and to the Public
9-14 Utility Commission of Texas under the Utilities Code, it is the
9-15 policy of this state that a rural community that is unable to
9-16 obtain advanced services have access to such services through the
9-17 consolidated telecommunications system.
9-18 (c) The commission shall coordinate its duties and
9-19 responsibilities with the telecommunications infrastructure fund
9-20 board and permit access, pursuant to Public Utility Commission of
9-21 Texas approval under Section 55.404, Utilities Code.
9-22 (d) The Public Utility Commission of Texas shall adopt rules
9-23 to implement this section in cooperation with the
9-24 telecommunications planning group and the commission. The rules
9-25 shall include the coordination of requests for access under this
9-26 section from different parties in the same rural community.
9-27 SECTION 14. Paragraph (A), Subdivision (11), Section 2,
9-28 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
9-29 Civil Statutes), is amended to read as follows:
9-30 (A) "Project" shall mean the land, buildings,
9-31 equipment, facilities, targeted infrastructure, and improvements
9-32 (one or more) to promote new and expanded business development or
9-33 found by the board of directors to be required or suitable for the
9-34 promotion of development and expansion of manufacturing and
9-35 industrial facilities, job creation and retention, job training,
9-36 educational facilities, transportation facilities (including but
9-37 not limited to airports, ports, mass commuting facilities, and
9-38 parking facilities), facilities or infrastructure used to support
9-39 or provide advanced services as defined by Section 55.402,
9-40 Utilities Code, sewage or solid waste disposal facilities,
9-41 recycling facilities, air or water pollution control facilities,
9-42 facilities for the furnishing of water to the general public,
9-43 distribution centers, small warehouse facilities capable of serving
9-44 as decentralized storage and distribution centers, and facilities
9-45 for use by institutions of higher education, and for the promotion
9-46 of development or redevelopment and expansion, including costs of
9-47 administration and operation, of a military base closed or
9-48 realigned pursuant to recommendation of the Defense Closure and
9-49 Realignment Commission pursuant to the Defense Base Closure and
9-50 Realignment Act of 1990 (10 U.S.C. Section 2687 note) as amended,
9-51 and of facilities which are related to any of the foregoing, and in
9-52 furtherance of the public purposes of this Act, all as defined in
9-53 the rules of the department, irrespective of whether in existence
9-54 or required to be identified, acquired, or constructed thereafter.
9-55 "Project" also includes job training required or suitable for
9-56 the promotion of development and expansion of business enterprises
9-57 and other enterprises described by this Act, as provided by Section
9-58 38 of this Act.
9-59 SECTION 15. Chapter 51, Local Government Code, is amended by
9-60 adding Sections 51.019, 51.036, 51.053, and 51.080 to read as
9-61 follows:
9-62 Sec. 51.019. PROVISION OF ADVANCED SERVICES. A Type-A
9-63 general-law municipality may buy, own, construct inside or outside
9-64 the municipal limits, and maintain and operate a certificated
9-65 facility designed to provide reasonably comparable access to
9-66 advanced services for its residents pursuant to Section 55.404,
9-67 Utilities Code. The municipality may require and receive
9-68 compensation for such services furnished for private purposes or
9-69 otherwise. In its charter, the municipality may adopt rules, not
10-1 inconsistent with existing state law, it considers advisable for
10-2 the provisioning of advanced services.
10-3 Sec. 51.036. PROVISION OF ADVANCED SERVICES. A Type-B
10-4 general-law municipality may buy, own, construct inside or outside
10-5 the municipal limits, and maintain and operate a certificated
10-6 facility designed to provide reasonably comparable access to
10-7 advanced services for its residents pursuant to Section 55.404,
10-8 Utilities Code. The municipality may require and receive
10-9 compensation for such services furnished for private purposes or
10-10 otherwise. In its charter, the municipality may adopt rules, not
10-11 inconsistent with existing state law, it considers advisable for
10-12 the provisioning of advanced services.
10-13 Sec. 51.053. PROVISION OF ADVANCED SERVICES. A Type-C
10-14 general-law municipality may buy, own, construct inside or outside
10-15 the municipal limits, and maintain and operate a certificated
10-16 facility designed to provide reasonably comparable access to
10-17 advanced services for its residents pursuant to Section 55.404,
10-18 Utilities Code. The municipality may require and receive
10-19 compensation for such services furnished for private purposes or
10-20 otherwise. In its charter, the municipality may adopt rules, not
10-21 inconsistent with existing state law, it considers advisable for
10-22 the provisioning of advanced services.
10-23 Sec. 51.080. PROVISION OF ADVANCED SERVICES. A home-rule
10-24 municipality may buy, own, construct inside or outside the
10-25 municipal limits, and maintain and operate a certificated facility
10-26 designed to provide reasonably comparable access to advanced
10-27 services for its residents pursuant to Section 55.404, Utilities
10-28 Code. The municipality may require and receive compensation for
10-29 such services furnished for private purposes or otherwise. In its
10-30 charter, the municipality may adopt rules, not inconsistent with
10-31 existing state law, it considers advisable for the provisioning of
10-32 advanced services.
10-33 SECTION 16. Section 55.014, Utilities Code, is repealed.
10-34 SECTION 17. This Act takes effect September 1, 2001.
10-35 * * * * *