79R6836 CBH-D

By:  Campbell                                                     H.B. No. 1411



A BILL TO BE ENTITLED

AN ACT

relating to the provision of broadband services.                              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 55, Utilities Code, is amended by adding 
Subchapter L to read as follows:

SUBCHAPTER L.  BROADBAND SERVICES
	Sec. 55.351.  PLAN FOR STATEWIDE BROADBAND SERVICES.  (a)  
The commission shall develop a plan to ensure that access to 
broadband services is available throughout this state, including 
rural areas.
	(b)  In developing the plan, the commission shall ensure 
that:        
		(1)  money is used in the most effective and efficient 
manner;       
		(2)  the infrastructure necessary to support broadband 
services is complete before money is spent on equipment that will 
access that infrastructure; and
		(3)  the resulting broadband network is reliable, 
secure, able to handle peak loads, scalable to growing needs and 
demands, and flexible in operation.
	(c)  In developing the plan, the commission shall consider 
the use of existing governmental organizations such as regional 
planning agencies created under Chapter 391, Local Government Code, 
to implement the plan at the regional level and to maintain and 
operate the broadband network after implementation.
	(d)  The commission shall review the plan annually and revise 
the plan after that review if necessary.
	(e)  Not later than January 15 of each odd-numbered year, the 
commission shall submit to the legislature a report on the 
implementation of the plan. The report must include recommendations 
on legislation the commission determines is appropriate to 
facilitate implementation of the plan.  The commission may include 
the report required by this section in the report required by 
Section 52.006.
	Sec. 55.352.  BROADBAND PILOT PROJECT.  (a)  The commission 
shall establish a pilot project to develop and build a regional 
broadband network in a rural area of this state using a regional 
planning agency created under Chapter 391, Local Government Code.
	(b)  If the Concho Valley Council of Governments agrees to 
participate, the commission shall establish the program in the 
Concho Valley State Planning Region.  If the Concho Valley Council 
of Governments does not agree to participate, the commission shall 
establish the program in another rural  state planning region in 
which the regional planning agency agrees to participate.
	(c)  The commission shall ensure the regional planning 
agency:        
		(1)  complies with the statewide plan for broadband 
services developed under Section 55.351;
		(2)  encourages innovation and competition among 
private businesses; 
		(3)  uses the competitive bidding process prescribed by 
Subchapter B, Chapter 271, Local Government Code, to award a 
contract under this section that requires the expenditure of more 
than $25,000;
		(4)  requires a company that receives a construction 
contract under this section to use materials that comply with 
standards adopted by the commission that are at least as stringent 
as the standards prescribed by the Rural Utilities Service of the 
United States Department of Agriculture; and
		(5)  uses an engineering firm registered under Chapter 
1001, Occupations Code, that has experience with Rural Utilities 
Service procedures to procure and manage the deployment of the 
broadband network.
	(d)  The regional planning agency may apply for, contract 
for, receive, and spend a gift, grant, or other money from a 
participating governmental unit, this state, the federal 
government, or another source for the purposes of this section.
	(e)  Not later than November 1, 2006, and November 1, 2008, 
the regional planning agency shall report to the commission on the 
pilot project.  The report must include any information the 
commission requires to evaluate the progress and effectiveness of 
the project.
	(f)  Not later than January 15, 2007, the commission shall 
report to the legislature on the progress of the pilot program.  Not 
later than January 15, 2009, the commission shall report to the 
legislature on the effectiveness of the program and the feasibility 
of expanding the program statewide.  The commission may include a 
report required by this section in the report required by Section 
52.006.
	(g)  This section expires September 1, 2009.                            
	SECTION 2.  This Act takes effect September 1, 2005.