79R9373 CBH-F
By: Brimer S.B. No. 1499
A BILL TO BE ENTITLED
AN ACT
relating to the telecommunications infrastructure fund, including
the administration of the fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.023, Government Code, is amended to
read as follows:
Sec. 481.023. ADMINISTRATION OF OTHER STATUTES. [(a)] The
office shall perform the administrative duties prescribed under:
(1) Chapter 1433; [and]
(2) the Development Corporation Act of 1979 (Article
5190.6, Vernon's Texas Civil Statutes); and
(3) Subchapter C, Chapter 57, Utilities Code.
SECTION 2. Section 57.042, Utilities Code, is amended by
adding Subdivision (6-a) to read as follows:
(6-a) "Office" means the Texas Economic Development
and Tourism Office.
SECTION 3. Section 57.045, Utilities Code, is amended to
read as follows:
Sec. 57.045. POWERS AND DUTIES OF OFFICE [BOARD]. (a) The
office [board] shall administer the fund and the two accounts in the
fund.
(b) The office [board] shall prepare an annual report that:
(1) details the revenues deposited to the credit of
the fund, including each account; and
(2) summarizes the grants and loans made from each
account.
(c) Not later than January 15 of each year, the office
[board] shall submit the report for the preceding year to the
governor and to each standing committee in the senate and house of
representatives that has jurisdiction over public or higher
education.
(d) The office [board] may:
(1) enter into contracts with state agencies or
private entities necessary to perform the office's [board's]
duties;
(2) adopt rules as necessary to administer this
subchapter;
(3) employ personnel reasonably necessary to perform
duties delegated by the office [board];
(4) appoint one or more committees to assist the
office [board] in performing the office's [board's] duties; and
(5) accept a gift or grant and use it for the purposes
of this subchapter.
(e) The office [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 4. Section 57.0455, Utilities Code, is amended to
read as follows:
Sec. 57.0455. MASTER PLAN FOR INFRASTRUCTURE DEVELOPMENT.
(a) The office [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 office [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 5. Sections 57.046(a) and (b), Utilities Code, are
amended to read as follows:
(a) The office [board] shall use money in the public schools
account to:
(1) to the extent directed in the General
Appropriations Act, fund the technology allotment under Section
32.005, Education Code; and
(2) award grants and loans in accordance with this
subchapter to fund:
(A) equipment for public schools, including
computers, printers, computer labs, and video equipment; and
(B) intracampus and intercampus wiring to enable
those public schools to use the equipment.
(b) The office [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[; and
[(8)].
SECTION 6. Section 57.047, Utilities Code, is amended to
read as follows:
Sec. 57.047. GRANT AND LOAN PROGRAM. (a) The office
[board] may award a grant to a project or proposal that:
(1) provides equipment and infrastructure necessary
for:
(A) distance learning; or
(B) an information sharing program of a library[;
[(C) telemedicine medical services;
[(D) telehealth services; or
[(E) 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 office [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
office [board] shall require that [give priority to] a project or
proposal [that]:
(1) include at least one library in partnership with a
[represents collaborative efforts involving more than one] school
or [,] university[, or library];
(2) contribute an amount equal to at least 50 percent
of the cost of the project [contributes matching funds] from
another source, of which not more than one-half may be in-kind
contributions;
(3) demonstrate need and the manner in which [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 will be extended to a group not previously
served, especially a group in an economically depressed, rural, or
remote area; and
(4) include a five-year plan with performance measures
that address how the project:
(A) will result [(6) results] in more efficient
or effective learning and data sharing; and
(B) supports the goals of other state agencies,
including the Texas Education Agency, the Texas Higher Education
Coordinating Board, and the Texas State Library and Archives
Commission [than through conventional teaching;
[(7) improves the effectiveness and efficiency of
health care delivery;
[(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].
(d) A person that receives a grant or loan under this
section may not use the grant or loan to:
(1) pay administrative or overhead costs; or
(2) provide funding for a network or other activity
that will compete with the private sector [In distributing money to
public schools, the 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 7. Section 57.0485(a), Utilities Code, is amended
to read as follows:
(a) The comptroller shall deposit 75 [50] percent of the
money collected by the comptroller under Section 57.048 to the
credit of the public schools account in the fund. The comptroller
shall deposit the remainder of the money collected by the
comptroller under Section 57.048 to the credit of the qualifying
entities account in the fund.
SECTION 8. Section 57.049, Utilities Code, is amended to
read as follows:
Sec. 57.049. ISSUANCE OF WARRANTS. From money appropriated
to the office under this subchapter [board], the comptroller shall
issue warrants the office [board] requests in accordance with the
purposes of this subchapter, including warrants to grantees of the
office [board] in amounts the office [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 office [board], shall adopt
policies and procedures that are designed to aid the office [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. The following provisions of the Utilities Code
are repealed:
(1) Sections 57.042(1), (2), (7), (11), (12), and
(13);
(2) Section 57.044;
(3) Section 57.046(c), as added by Chapter 198, Acts
of the 78th Legislature, Regular Session, 2003;
(4) Section 57.046(c), as added by Chapter 201, Acts
of the 78th Legislature, Regular Session, 2003;
(5) Section 57.046(d);
(6) Sections 57.0471 and 57.0475;
(7) Sections 57.048(c) and (d); and
(8) Section 57.051.
SECTION 11. A reference in law to the Telecommunications
Infrastructure Fund Board means the Texas Economic Development and
Tourism Office.
SECTION 12. This Act takes effect September 1, 2005.