2003S0204-2 02/13/03
By: Fraser S.B. No. 1401
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the telecommunications
infrastructure fund, including the abolition of the
telecommunications infrastructure fund board and the transfer of
the board's duties to the comptroller of public accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.042, Utilities Code, is 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.
[(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.
(6) [(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.
(7) [(8)] "School district" includes an independent
school district, a common school district, and a rural high school
district.
(8) [(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.
(9) [(10)] "Taxable telecommunications receipts"
means taxable telecommunications receipts reported under Chapter
151, Tax Code.
(10) [(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.
(11) [(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. Subsection (a), Section 57.043, Utilities Code,
is amended to read as follows:
(a) The telecommunications infrastructure fund is a trust
fund inside the state treasury with the comptroller in trust.
Interest earned on the fund shall be credited to the fund.
Notwithstanding any other law, the assets of the fund, including
interest earned by those assets, are to be held in trust for the
benefit and protection of the fund and may not be diverted,
distributed, or appropriated for any purpose other than as provided
by this subchapter. The comptroller shall only appropriate amounts
earned by the fund and may not divert, distribute, or appropriate
the corpus of the trust fund. In this subsection, "corpus of the
trust fund" means the amount deposited to the credit of the fund
under Section 57.048(c) and does not include earnings or interest
[an account in the general revenue fund]. The [telecommunications
infrastructure] fund [account] is composed of the public schools
account and the qualifying entities account. [Section 403.095,
Government Code, does not apply to the telecommunications
infrastructure fund account or to the accounts that compose the
fund account.]
SECTION 3. Section 57.0455, Utilities Code, is amended to
read as follows:
Sec. 57.0455. MASTER PLAN FOR INFRASTRUCTURE DEVELOPMENT.
(a) The comptroller [board] shall adopt a master plan for
infrastructure development. The plan must:
(1) cover a five-year period;
(2) be updated annually; and
(3) describe the project, timeline, and resource
allocation targets for each year included in the plan.
(b) The comptroller [board] shall publish each proposed
amendment to the plan and each proposed annual update in the Texas
Register in accordance with Subchapter B, Chapter 2002, Government
Code.
SECTION 4. Section 57.046, Utilities Code, is amended to
read as follows:
Sec. 57.046. USE OF ACCOUNTS. (a) The comptroller [board]
shall use money in the public schools account to award grants and
loans in accordance with this subchapter to fund:
(1) equipment for public schools, including
computers, printers, computer labs, and video equipment; and
(2) intracampus and intercampus wiring to enable those
public schools to use the equipment.
(b) The comptroller [board] shall use money in the
qualifying entities account for any purpose authorized by this
subchapter, including:
(1) equipment;
(2) wiring;
(3) material;
(4) program development;
(5) training;
(6) installation costs; and
(7) a statewide telecommunications network.
SECTION 5. Section 57.047, Utilities Code, is amended to
read as follows:
Sec. 57.047. GRANT AND LOAN PROGRAM. (a) The comptroller
[board] may award a grant to a project or proposal 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; or
(E) [(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 comptroller [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
comptroller [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
(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.
(d) In distributing money to public schools, the
comptroller [board] shall:
(1) consider the relative property wealth per student
of the school districts that receive the money; and
(2) recognize the unique needs of rural communities.
(e) [If a board member is an employee of an entity that
applies for a grant or loan under this subchapter, the board member,
before a vote on the grant or loan, shall disclose the fact of the
member's employment. The disclosure must be entered into the
minutes of the meeting. The board member may not vote on or
otherwise participate in the awarding of the grant or loan. If the
board member does not comply with this subsection, the entity is not
eligible for the grant or loan.
[(f)] A grant or loan awarded under this section is subject
to the limitations prescribed by Section 57.046.
SECTION 6. Subsections (a) and (b), Section 57.0475,
Utilities Code, are amended to read as follows:
(a) The comptroller [board] may award a grant under Section
57.047(a)(1)(C) only to a health care facility that:
(1) is a hospital or other entity, including a health
clinic, that:
(A) is supported by local or regional tax
revenue;
(B) is a certified nonprofit health corporation
under federal law; or
(C) is an ambulatory health care center; or
(2) meets the criteria adopted by the comptroller
[board] and the Health and Human Services Commission under
Subsection (b).
(b) The comptroller [board] and the Health and Human
Services Commission shall jointly adopt rules prescribing the
criteria a health care facility not described by Subsection (a)(1)
must meet to be eligible to receive a grant under Section
57.047(a)(1)(C). In determining the criteria, the comptroller
[board] and commission shall prioritize health care facilities
based on:
(1) the amount of charity care provided by each
facility during the year preceding the year in which the facility
applies for a grant; and
(2) the number of Medicaid patients and patients
enrolled in the state child health plan treated by each facility
during the year preceding the year in which the facility applies for
a grant.
SECTION 7. Subsection (c), Section 57.048, Utilities Code,
is amended to read as follows:
(c) The total amount deposited to the credit of the fund,
excluding interest and loan repayments, may not exceed $1.5
billion. Not later than August 31 of each year, the comptroller
shall determine the total amount, excluding interest and loan
repayments, that has been deposited to the credit of the fund during
that fiscal year and the preceding fiscal years. If the comptroller
determines that a total of $1.2 billion or more, excluding interest
and loan repayments, has been deposited to the credit of the fund,
the comptroller shall impose the assessment during the next fiscal
year at a rate that the comptroller estimates is sufficient to
produce the amount necessary to result in the deposit in the fund of
a total of not more than $1.5 billion, excluding interest and loan
repayments. The assessment under this section expires on the
earlier of:
(1) the date on which the total amount deposited to the
fund reaches $1.5 billion, excluding interest and loan repayments;
or
(2) September 1, 2005.
SECTION 8. Section 57.049, Utilities Code, is amended to
read as follows:
Sec. 57.049. ISSUANCE OF WARRANTS. The [From money
appropriated to the board, the] comptroller shall issue warrants
[the board requests] in accordance with the purposes of this
subchapter[, including warrants to grantees of the board in amounts
the board certifies to the comptroller].
SECTION 9. Section 57.050, Utilities Code, is amended to
read as follows:
Sec. 57.050. ASSISTANCE OF OTHER AGENCIES. The following
agencies, in consultation with the comptroller [board], shall adopt
policies and procedures that are designed to aid the comptroller
[board] in achieving the purposes of this subchapter:
(1) the Texas Higher Education Coordinating Board;
(2) the Texas Education Agency; and
(3) the Texas State Library and Archives Commission.
SECTION 10. Subsection (c), Section 21.0482, Education
Code, as added by Chapter 1301, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
(c) To be eligible for a master technology teacher
certificate, a person must:
(1) hold a technology applications or Technology
Education certificate issued under this subchapter, satisfactorily
complete the course of instruction prescribed under Subdivision
(2)(B), and satisfactorily perform on the examination prescribed
under Subdivision (2)(C); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on interdisciplinary
technology applications and the science of teaching technology that
includes training in:
(i) effective technology instruction
techniques, including applications designed to meet the
educational needs of students with disabilities;
(ii) classroom teaching methodology that
engages student learning through the integration of technology;
(iii) digital learning competencies,
including Internet research, graphics, animation, website
mastering, and video technologies;
(iv) curriculum models designed to prepare
teachers to facilitate an active student learning environment; and
(v) effective professional peer mentoring
techniques;
(C) satisfactorily perform on an examination
developed by the board [in cooperation with the Telecommunications
Infrastructure Fund Board] and administered at the conclusion of
the course of instruction prescribed under Paragraph (B); and
(D) satisfy any other requirements prescribed by
the board.
SECTION 11. Subsection (a), Section 487.054, Government
Code, is amended to read as follows:
(a) At least once each year, the following agency heads
shall meet to discuss rural issues:
(1) the commissioner of agriculture;
(2) the executive director of the Public Utility
Commission of Texas;
(3) the director of the Texas Agricultural Extension
Service;
(4) [the presiding officer of the Telecommunications
Infrastructure Fund Board;
[(5)] the executive director of the Texas Department
of Housing and Community Affairs;
(5) [(6)] the commissioner of health;
(6) [(7)] the executive administrator of the Texas
Water Development Board;
(7) [(8)] the executive director of the Parks and
Wildlife Department;
(8) [(9)] the commissioner of human services;
(9) [(10)] the commissioner of higher education;
(10) [(11)] the comptroller; and
(11) [(12)] the executive director of the Texas
Department of Transportation.
SECTION 12. Subsections (b) and (c), Section 531.02161,
Government Code, as added by Chapter 1255, Acts of the 77th
Legislature, Regular Session, 2001, are amended to read as follows:
(b) The commission [and the Telecommunications
Infrastructure Fund Board] by [joint] rule shall establish and
adopt minimum standards for an operating system used in the
provision of telemedicine medical services by a health care
facility participating in the state Medicaid program, including
standards for electronic transmission, software, and hardware.
(c) In developing standards under this section, the
commission [and the Telecommunications Infrastructure Fund Board]
shall address:
(1) authentication and authorization of users;
(2) authentication of the origin of information;
(3) the prevention of unauthorized access to the
system or information;
(4) system security, including the integrity of
information that is collected, program integrity, and system
integrity;
(5) maintenance of documentation about system and
information usage;
(6) information storage, maintenance, and
transmission; and
(7) synchronization and verification of patient
profile data.
SECTION 13. Subsection (b), Section 531.02172, Government
Code, as added by Chapter 661, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(b) The advisory committee must include:
(1) representatives of health and human services
agencies and other state agencies concerned with the use of
telemedical consultations in the Medicaid program and the state
child health plan program, including representatives of:
(A) the commission;
(B) the Texas Department of Health;
(C) the Center for Rural Health Initiatives;
(D) [the Telecommunications Infrastructure Fund
Board;
[(E)] the Texas Department of Insurance;
(E) [(F)] the Texas State Board of Medical
Examiners;
(F) [(G)] the Board of Nurse Examiners; and
(G) [(H)] the Texas State Board of Pharmacy;
(2) representatives of health science centers in this
state;
(3) experts on telemedicine, telemedical
consultation, and telemedicine medical services or telehealth
services; and
(4) representatives of consumers of health services
provided through telemedical consultations and telemedicine
medical services or telehealth services.
SECTION 14. Subsection (b), Section 531.02172, Government
Code, as added by Chapter 959, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(b) The advisory committee must include:
(1) representatives of health and human services
agencies and other state agencies concerned with the use of
telemedical consultations in the Medicaid program and the state
child health plan program, including representatives of:
(A) the commission;
(B) the Texas Department of Health;
(C) the Center for Rural Health Initiatives;
(D) [the Telecommunications Infrastructure Fund
Board;
[(E)] the Texas Department of Insurance;
(E) [(F)] the Texas State Board of Medical
Examiners;
(F) [(G)] the Board of Nurse Examiners; and
(G) [(H)] the Texas State Board of Pharmacy;
(2) representatives of health science centers in this
state;
(3) experts on telemedicine, telemedical
consultation, and telemedicine medical services; and
(4) representatives of consumers of health services
provided through telemedical consultations and telemedicine
medical services.
SECTION 15. Subsection (a), Section 2054.201, Government
Code, is amended to read as follows:
(a) The telecommunications planning and oversight council
is composed of:
(1) a representative of the comptroller's office,
appointed by the comptroller;
(2) [the executive director of the Telecommunications
Infrastructure Fund Board;
[(3)] a representative of the Texas Building and
Procurement Commission, appointed by the executive director of the
commission;
(3) [(4)] a member representing the interests of state
agencies with 1,000 employees or more, appointed by the lieutenant
governor;
(4) [(5)] a member representing the interests of state
agencies with fewer than 1,000 employees, appointed by the speaker
of the house of representatives;
(5) [(6)] a member representing the interests of
institutions of higher education, appointed by the commissioner of
higher education;
(6) [(7)] a member representing the interests of The
University of Texas System, appointed by the chancellor;
(7) [(8)] a member representing the interests of The
Texas A&M University System, appointed by the chancellor;
(8) [(9)] a member representing the interests of
public school districts that are customers of the consolidated
telecommunications system, appointed by the governor;
(9) [(10)] a member representing the interests of
local governments that are customers of the consolidated
telecommunications system, appointed by the governor; and
(10) [(11)] two public members with
telecommunications expertise, appointed by the governor.
SECTION 16. Subsection (c), Section 2165.104, Government
Code, is amended to read as follows:
(c) To the extent possible without sacrificing critical
public or client services, the commission may not allocate usable
office space, as defined by the commission, to a state agency under
Article I, II, V, VI, VII, or VIII of the General Appropriations Act
or to the Texas Higher Education Coordinating Board, the Texas
Education Agency, the State Board for Educator Certification, [the
Telecommunications Infrastructure Fund Board,] or the Office of
Court Administration of the Texas Judicial System in an amount that
exceeds an average of 153 square feet per agency employee for each
agency site. To the extent that any of those agencies allocates its
own usable office space, as defined by the commission, the agency
shall allocate the space to achieve the required ratio. This
subsection does not apply to:
(1) an agency site at which fewer than 16 employees are
located;
(2) warehouse space;
(3) laboratory space;
(4) storage space exceeding 1,000 gross square feet;
(5) library space;
(6) space for hearing rooms used to conduct hearings
required under the administrative procedure law, Chapter 2001; or
(7) another type of space specified by commission
rule, if the commission determines that it is not practical to apply
this subsection to that space.
SECTION 17. Sections 57.044, 57.045, and 57.051, Utilities
Code, are repealed.
SECTION 18. The comptroller of public accounts may not
divert, distribute, or appropriate any funds from the
telecommunications infrastructure fund until the assessment period
required under Subsection (c), Section 57.048, Utilities Code, as
amended by this Act, has expired.
SECTION 19. (a) The telecommunications infrastructure
fund board is abolished but continues in effect until December 1,
2003, for the sole purpose of transferring to the comptroller of
public accounts all the rights, powers, duties, and functions
exercised by the board immediately before the effective date of
this Act. The transfer must be completed not later than December 1,
2003.
(b) All rules of the telecommunications infrastructure fund
board are continued in effect as rules of the comptroller of public
accounts until superseded by a rule of the comptroller of public
accounts.
(c) All funds, contracts, property, personnel, and records
of the telecommunications infrastructure fund board are
transferred to the comptroller of public accounts for the purpose
of administering the telecommunications infrastructure fund.
(d) A reference in law or in an administrative rule to the
telecommunications infrastructure fund board means the comptroller
of public accounts.
SECTION 20. This Act takes effect September 1, 2003.