|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the discontinuation of the Telecommunications |
|
Infrastructure Fund. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The following are repealed: |
|
(1) Subchapter C, Chapter 57, Utilities Code; |
|
(2) Section 32.202, Education Code; and |
|
(3) Section 441.1385, Government Code. |
|
SECTION 2. Section 21.0483(c), Education Code, 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 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 3. Section 32.005(c), Education Code, is amended to |
|
read as follows: |
|
(c) The allotment under this section may be paid from: |
|
(1) [the telecommunications infrastructure fund under
|
|
Subchapter C, Chapter 57, Utilities Code;
|
|
[(2)] the available school fund; or |
|
(2) [(3)] any other fund that may be used for that |
|
purpose and that is identified in the General Appropriations Act as |
|
the source of payment of the allotment. |
|
SECTION 4. Section 487.054(a), Government Code, is amended |
|
to read as follows: |
|
(a) At least once each year, the following agency heads or |
|
their designees shall meet in Austin to discuss rural issues and to |
|
provide information showing the impact each agency has on rural |
|
communities for use in developing rural policy and compiling the |
|
annual report under Section 487.051(4): |
|
(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 the Department of State |
|
Health Services; |
|
(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 higher education; |
|
(9) [(10)] the comptroller; |
|
(10) [(11)] the executive director of the Texas |
|
Department of Transportation; |
|
(11) [(12)] the executive director of the Texas |
|
Commission on Environmental Quality; |
|
(12) [(13)] the executive director of the Texas |
|
Economic Development and Tourism Office; |
|
(13) [(14)] the commissioner of insurance; |
|
(14) [(15)] the commissioner of the Department of |
|
Aging and Disability Services; |
|
(15) [(16)] the commissioner of education; |
|
(16) [(17)] the executive commissioner of the Health |
|
and Human Services Commission; |
|
(17) [(18)] the executive director of the Texas |
|
Workforce Commission; |
|
(18) [(19)] the executive director of the Texas |
|
Historical Commission; |
|
(19) [(20)] a member of the Railroad Commission of |
|
Texas; |
|
(20) [(21)] the executive director of the State Soil |
|
and Water Conservation Board; |
|
(21) [(22)] the executive director of the office; and |
|
(22) [(23)] the head of any other agency interested in |
|
rural issues. |
|
SECTION 5. Section 487.651, Government Code, is amended to |
|
read as follows: |
|
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. |
|
(2) [(3)] "Program" means the community |
|
telecommunications alliance program. |
|
SECTION 6. Section 487.652, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.652. RULES GOVERNING PROGRAM [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]. |
|
SECTION 7. Section 487.653, Government Code, is amended to |
|
read as follows: |
|
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. |
|
SECTION 8. Section 531.02172(b), Government Code, 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 Office of Rural Community Affairs; |
|
(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 9. Section 654.011(a), Government Code, is amended |
|
to read as follows: |
|
(a) The position classification plan and the salary rates |
|
and provisions in the General Appropriations Act apply to all |
|
hourly, part-time, temporary, and regular, full-time salaried |
|
employments in the state departments, agencies, or judicial |
|
entities specified in the articles of the General Appropriations |
|
Act that appropriate money to: |
|
(1) general government agencies; |
|
(2) health and human services agencies; |
|
(3) the judiciary, except for judges, district |
|
attorneys, and assistant district attorneys; |
|
(4) public safety and criminal justice agencies; |
|
(5) natural resources agencies; |
|
(6) business and economic development agencies; |
|
(7) regulatory agencies; and |
|
(8) agencies of public education, but only the Texas |
|
Education Agency, the Texas School for the Blind and Visually |
|
Impaired, the State Board for Educator Certification, [the
|
|
Telecommunications Infrastructure Fund,] and the Texas School for |
|
the Deaf. |
|
SECTION 10. Section 2054.201(a), 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; |
|
(10) [(11)] two public members with |
|
telecommunications expertise, appointed by the governor; and |
|
(11) [(12)] a representative of the Health and Human |
|
Services Commission, appointed by the commissioner of health and |
|
human services. |
|
SECTION 11. Section 58.252(2), Utilities Code, is amended |
|
to read as follows: |
|
(2) "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 [has the meaning
|
|
assigned by Section 57.042]. |
|
SECTION 12. Section 58.253(a), Utilities Code, as amended |
|
by Section 9, Chapter 959, Section 4, Chapter 1220, and Section 7, |
|
Chapter 1350, Acts of the 77th Legislature, Regular Session, 2001, |
|
is reenacted and amended to read as follows: |
|
(a) On customer request, an electing company shall provide |
|
private network services to: |
|
(1) an educational institution; |
|
(2) a library as defined in Section 57.021 |
|
[57.042(6)(A) and (B)]; |
|
(3) a nonprofit telemedicine center; |
|
(4) a public or not-for-profit hospital; or |
|
(5) [a project funded by the telecommunications
|
|
infrastructure fund under Subchapter C, Chapter 57, except for a
|
|
telepharmacy system; or
|
|
[(6)] a legally constituted consortium or group of |
|
entities listed in this subsection. |
|
SECTION 13. Section 59.071(2), Utilities Code, is amended |
|
to read as follows: |
|
(2) "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 [has the meaning
|
|
assigned by Section 57.042]. |
|
SECTION 14. (a) The assessment imposed under Section |
|
57.048, Utilities Code, for the calendar quarter ending in |
|
September 2007 is due on the last day of October 2007, and Section |
|
57.048, Utilities Code, is continued in effect for the collection |
|
of the assessment due and for civil and criminal enforcement of the |
|
liability for that assessment. |
|
(b) A telecommunications utility or commercial mobile |
|
service provider subject to Section 57.048, Utilities Code, may |
|
recover from the utility's customers through a monthly billing |
|
process the amount of the assessment imposed under that section as |
|
provided by Subsection (f) of that section and the former law is |
|
continued in effect for that purpose. |
|
SECTION 15. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect October 1, 2007. |
|
(b) Section 14 of this Act takes effect immediately if this |
|
Act receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, Section 14 of this Act takes effect on the 91st day after |
|
the last day of the legislative session. |