78R5651 JJT-D
By: King H.B. No. 1635
A BILL TO BE ENTITLED
AN ACT
relating to the uses of the telecommunications infrastructure fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.042, Utilities Code, as amended by
Chapters 959, 1220, and 1255, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
Sec. 57.042. DEFINITIONS. In this subchapter:
(1) ["Ambulatory health care center" means a health
care clinic or an association of such a clinic that is:
[(A) exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, as amended, as an
organization described by Section 501(c)(3), as amended; and
[(B) funded wholly or partly by a grant under 42
U.S.C. Section 254b, 254c, or 256, as amended.
[(2)] "Board" means the telecommunications
infrastructure fund board.
(2) [(3)] "Commercial mobile service provider" means
a provider of commercial mobile service as defined by Section
332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.),
Federal Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993 (Pub. L. No. 103-66).
(3) [(4)] "Fund" means the telecommunications
infrastructure fund.
(4) [(5)] "Institution of higher education" means:
(A) an institution of higher education as defined
by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education as defined by Section 61.003, Education Code.
(5) [(6) "Library" means:
[(A) a public library or regional library system
as those terms are defined by Section 441.122, Government Code;
[(B) a library operated by an institution of
higher education or a school district; or
[(C) a library operated by a nonprofit
corporation as defined by Section 441.221(3), Government Code.
[(7) "Public not-for-profit health care facility"
means a rural or regional hospital or other entity such as a rural
health clinic that:
[(A) is supported by local or regional tax
revenue;
[(B) is a certified not-for-profit health
corporation, under federal law; or
[(C) is an ambulatory health care center.
[(8)] "School district" includes an independent
school district, a common school district, and a rural high school
district.
(6) [(9)] "Public school" means a public elementary or
secondary school, including an open-enrollment charter school, a
home-rule school district school, and a school with a campus or
campus program charter.
(7) [(10)] "Taxable telecommunications receipts"
means taxable telecommunications receipts reported under Chapter
151, Tax Code.
[(11) "Telehealth service" means a health service,
other than a telemedicine medical service, delivered by a licensed
or certified health professional acting within the scope of the
health professional's license or certification who does not perform
a telemedicine medical service that requires the use of advanced
telecommunications technology, other than by telephone or
facsimile, including:
[(A) compressed digital interactive video,
audio, or data transmission;
[(B) clinical data transmission using computer
imaging by way of still-image capture and store and forward; and
[(C) other technology that facilitates access to
health care services or medical specialty expertise.
[(12) "Telemedicine medical service" means a health
care service initiated by a physician or provided by a health
professional acting under physician delegation and supervision,
for purposes of patient assessment by a health professional,
diagnosis or consultation by a physician, treatment, or the
transfer of medical data, that requires the use of advanced
telecommunications technology, other than by telephone or
facsimile, including:
[(A) compressed digital interactive video,
audio, or data transmission;
[(B) clinical data transmission using computer
imaging by way of still-image capture and store and forward; and
[(C) other technology that facilitates access to
health care services or medical specialty expertise;
[(12) "Telepharmacy system" means a system that
monitors the dispensing of prescription drugs and provides for
related drug use review and patient counseling services by an
electronic method, including the use of the following types of
technology:
[(A) audio and video;
[(B) still image capture; and
[(C) store and forward.]
SECTION 2. Section 57.045(e), Utilities Code, is amended to
read as follows:
(e) The board shall establish an assistance program to
provide education concerning the telecommunications infrastructure
fund and to facilitate access to funds and programs under this
subchapter [by health care facilities and by physicians licensed to
practice medicine in this state]. The assistance program must
include a toll-free telephone number and provide access to
information through the Internet.
SECTION 3. Section 57.046(b), Utilities Code, is amended to
read as follows:
(b) The board shall use money in the qualifying entities
account for grants and loans to public schools or institutions of
higher education for any purpose authorized by this subchapter,
including:
(1) equipment;
(2) wiring;
(3) material;
(4) program development;
(5) training; or
(6) installation costs[;
[(7) a statewide telecommunications network; and
[(8) funding an automated system to integrate client
services and eligibility requirements for health and human services
across agencies].
SECTION 4. Sections 57.047(a), (b), and (c), Utilities
Code, as amended by Chapters 959, 1220, and 1255, Acts of the 77th
Legislature, Regular Session, 2001, are reenacted and amended to
read as follows:
(a) The board may award a grant to a project or proposal of a
public school or institution of higher education that:
(1) provides equipment and infrastructure necessary
for[:
[(A)] distance learning[;
[(B) an information sharing program of a library;
[(C) telemedicine medical services; or
[(D) telehealth services;
[(D) a telepharmacy system];
(2) develops and implements the initial or
prototypical delivery of a course or other distance learning
material;
(3) trains teachers, faculty, librarians, or
technicians in the use of distance learning or information sharing
materials and equipment;
(4) develops a curriculum or instructional material
specially suited for telecommunications delivery;
(5) provides electronic information; or
(6) establishes or carries out an information sharing
program.
(b) The board may award a loan to a project or proposal to
acquire equipment needed for distance learning [and telemedicine
medical service projects].
(c) In awarding a grant or loan under this subchapter, the
board shall give priority to a project or proposal that:
(1) represents collaborative efforts involving more
than one school, university, or library;
(2) contributes matching funds from another source;
(3) shows promise of becoming self-sustaining;
(4) helps users of information learn new ways to
acquire and use information through telecommunications;
(5) extends specific educational information and
knowledge services to a group not previously served, especially a
group in a rural or remote area;
(6) results in more efficient or effective learning
than through conventional teaching;
[(7) improves the effectiveness and efficiency of
health care delivery;] or
(7) [(8)] takes advantage of distance learning
opportunities in a rural or urban school district with a:
(A) disproportionate number of at-risk youths;
or
(B) high dropout rate.
SECTION 5. The following sections of the Utilities Code are
repealed:
(1) Section 57.0471, as added by Chapter 661, Acts of
the 77th Legislature, Regular Session, 2001;
(2) Section 57.0471, as added by Chapter 959, Acts of
the 77th Legislature, Regular Session, 2001; and
(3) Section 57.0475.
SECTION 6. (a) This Act takes effect September 1, 2003.
(b) Each application for a grant or loan from the
telecommunications infrastructure fund account that is pending on
the effective date of this Act for a purpose that, on and after that
date is no longer authorized under Subchapter C, Chapter 57,
Utilities Code, as amended by this Act, is denied.
(c) The telecommunications infrastructure fund board and
the comptroller may disburse money from the telecommunications
infrastructure fund account for a grant or loan awarded before the
effective date of this Act, and the former law is continued in
effect for that purpose.