78R6169 MTB-D

By:  Christian                                                    H.B. No. 1595



A BILL TO BE ENTITLED

AN ACT

relating to access to certain telecommunications service in certain 
communities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 57, Utilities Code, is 
amended by adding Section 57.052 to read as follows:
	Sec. 57.052.  RESALE OF SERVICES.  Notwithstanding any other 
law, an entity that receives a grant or loan under this subchapter 
that is used to establish broadband access to the Internet may 
resell that access to persons residing in the entity's community if 
the access is not being used to its capacity.
	SECTION 2.  Section 58.266, Utilities Code, is amended by 
amending Subsection (a) and adding Subsection (d) to read as 
follows:
	(a)  Except as provided by Subsection (d), a [A] private 
network service may be used by and shared among the entities 
described by Section 58.253(a) but may not be otherwise shared or 
resold to other customers.
	(d)  Notwithstanding any other law, an entity described by 
Section 58.253(a) may resell a private network service provided 
under this subchapter that is not used to its capacity to persons 
residing in the entity's community.
	SECTION 3.  Section 59.081, Utilities Code, is amended by 
amending Subsection (a) and adding Subsection (d) to read as 
follows:
	(a)  Except as provided by Subsection (d), a [A] private 
network service may be used and shared among the entities described 
by Section 59.072(a) but may not be otherwise shared or resold to 
other customers.
	(d)  Notwithstanding any other law, an entity described by 
Section 59.072(a) may resell a private network service provided 
under this subchapter that is not used to its capacity to persons 
residing in the entity's community.
	SECTION 4.  Subchapter B, Chapter 2170, Government Code, is 
amended by adding Section 2170.0585 to read as follows:
	Sec. 2170.0585.  USE OF SYSTEM IN CERTAIN COMMUNITIES.  
Notwithstanding Section 2170.058(c), the department may sell 
access to broadband telecommunications products or services to the 
general public if:
		(1)  the commission already provides the products or 
services to a state agency or political subdivision in the 
community; and
		(2)  the products or services are not being used to 
their fullest capacity by the state agency or political 
subdivision.
	SECTION 5.  This Act takes effect September 1, 2003.