H.B. No. 3325
AN ACT
relating to the creation and administration of the community
telecommunications alliance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 487, Government Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. COMMUNITY TELECOMMUNICATIONS ALLIANCE PROGRAM
Sec. 487.651. DEFINITIONS. In this subchapter:
(1) "Board" means the Telecommunications
Infrastructure Fund Board.
(2) "Community telecommunications alliance" means an
association of public and private entities created to share
resources, promote innovative school health technology, promote
economic development opportunities for the community, and improve
the overall quality of life within a local community through
telecommunications and information services provided by the
private sector.
(3) "Program" means the community telecommunications
alliance program.
Sec. 487.652. MEMORANDUM OF UNDERSTANDING. (a) The office
and the board by rule shall adopt a memorandum of understanding
establishing the community telecommunications alliance program.
The program shall:
(1) assist local communities in the creation and
development of community telecommunications alliances, including
alliances established to pursue rural economic development or
innovative rural school health technology projects, by providing
advice and assistance in assessing local uses of and local demands
or needs for local telecommunications and information services of
private sector providers; and
(2) assist community telecommunications alliances in
applying for grant funding for projects, including:
(A) assisting alliances in securing matching
private sector funding for projects; and
(B) requiring alliances to develop sustainable
plans:
(i) that demonstrate how the alliance will
continue to obtain private sector services once the grant funding
terminates;
(ii) that do not directly compete with
local businesses, telecommunications providers, or information
services providers; and
(iii) that prohibit a network created with
assistance from the alliance or other public funding from being
sold to a direct competitor of a private sector provider.
(b) Each community telecommunications alliance established
under this section shall have an advisory council with
representation from each of the following:
(1) a local nonprofit organization;
(2) a local county-elected official;
(3) a local city-elected official;
(4) a local telecommunications provider;
(5) a local economic development group;
(6) the local financial community; and
(7) a local information services provider.
(c) This chapter may not be construed to:
(1) expand eligibility for private network services
under Section 58.253(a) or 59.072(a), Utilities Code, to persons
not eligible to purchase the services; or
(2) permit the direct or indirect sharing or resale of
private network services with persons not eligible to purchase the
services.
(d) A community telecommunications alliance created under
this section shall offer the following local entities the
opportunity to be included in the alliance:
(1) a library, as defined by Section 57.042, Utilities
Code;
(2) a public school, as defined by Section 57.042,
Utilities Code;
(3) a public not-for-profit health care facility, as
defined by Section 57.042, Utilities Code; and
(4) a local institution of higher education, as
defined by Section 57.042, Utilities Code.
Sec. 487.653. REPORT TO LEGISLATURE. Not later than
January 1 of each odd-numbered year, the office and the board
jointly shall submit to the legislature a report detailing the
grant activities of the program and grant recipients. The report
must include:
(1) the criteria used to quantify the effect grant
funds had in advancing telecommunications connectivity and
technology;
(2) data and performance measures used to quantify the
achievement of program objectives; and
(3) a description of and results from a grant
monitoring risk assessment and on-site review process.
Sec. 487.654. PROHIBITION. A community telecommunications
alliance may not directly or indirectly:
(1) provide telecommunications or information
services to the public;
(2) resell or share telecommunications or information
services obtained through grants or loans received under Chapter
57, Utilities Code, with persons not eligible for the grants or
loans; or
(3) provide or support the provision of
telecommunications or information services in competition with a
private sector provider.
SECTION 2. Section 57.047(c), Utilities Code, is amended to
read as follows:
(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 an economically depressed, [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]
(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; or
(9) assists the community telecommunications alliance
program created under Subchapter O, Chapter 487, Government Code.
SECTION 3. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3325 was passed by the House on May
10, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3325 on May 30, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3325 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor