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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the broadband office within the Public |
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Utility Commission of Texas and the establishment of a broadband |
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investment grant program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Utilities Code, is amended |
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by adding Chapter 18 to read as follows: |
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CHAPTER 18. BROADBAND OFFICE |
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Sec. 18.0101. DEFINITIONS. In this chapter: |
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(1) "Account" means the broadband investment account. |
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(2) "Broadband" means a mass-market retail service by |
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wire or radio that provides the capability to transmit data to and |
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receive data from all or substantially all Internet endpoints, |
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including capabilities that are incidental to and enable the |
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operation of the service. The term includes a service that is |
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functionally equivalent to the service described by this |
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subdivision. The term does not include dial-up Internet access. |
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(3) "Grant program" means the program established by |
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the broadband office under Section 18.0104. |
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(4) "Rural community" means a municipality with a |
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population of less than 50,000 or a county with a population of less |
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than 200,000. |
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Sec. 18.0102. OFFICE. (a) The broadband office is an |
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office within the commission. |
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(b) The commission may employ additional employees |
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necessary for the discharge of the duties of the office. |
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Sec. 18.0103. POWERS AND DUTIES. The broadband office |
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shall: |
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(1) facilitate and coordinate the efforts of state |
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agencies and local units of government, including regional planning |
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commissions, in connection with the planning and deployment of |
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broadband projects; |
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(2) develop broadband investment and deployment |
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strategies for rural communities and other areas of this state that |
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are underserved and unserved with respect to broadband; |
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(3) promote and coordinate public sector and private |
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sector broadband solutions in support of statewide broadband |
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development goals; |
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(4) assist and promote local and regional broadband |
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planning; |
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(5) pursue and obtain federal sources of broadband |
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funding; |
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(6) develop a framework to measure broadband access in |
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and designate areas of this state that are underserved and unserved |
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with respect to broadband; |
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(7) develop statewide goals for broadband deployment |
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in rural communities and other underserved and unserved areas |
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designated under Subdivision (6); |
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(8) manage and award funds allocated to the broadband |
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office for broadband projects; and |
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(9) serve as an information clearinghouse in relation |
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to federal programs providing assistance to local entities with |
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respect to broadband. |
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Sec. 18.0104. GRANT PROGRAM FOR BROADBAND INVESTMENT |
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PROJECTS. (a) The broadband office shall establish a program to |
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provide grants to public or private entities for projects that |
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stimulate the installation and maintenance of broadband in rural |
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communities and other underserved or unserved areas of this state |
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with respect to broadband. |
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(b) The commission by rule shall adopt standards for a |
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project eligible to be awarded a grant by the broadband office under |
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this section. In awarding a grant, the office shall consider: |
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(1) the financial strength of the applicant; |
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(2) the applicant's business history; |
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(3) an analysis of the relevant business sector; |
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(4) whether there is public or private sector |
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financial support for the project; and |
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(5) whether there is local support for the project. |
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Sec. 18.0105. BROADBAND INVESTMENT ACCOUNT. (a) The |
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broadband investment account is an account in the general revenue |
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fund. |
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(b) The account consists of: |
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(1) appropriations of money to the account by the |
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legislature; |
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(2) gifts, grants, including federal grants, and other |
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donations received under Section 18.0106; and |
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(3) interest earned on the investment of money in the |
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account. |
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(c) Money in the account may be appropriated only to the |
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broadband office for purposes of the grant program. |
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(d) The account is exempt from the application of Section |
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404.071, Government Code. |
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Sec. 18.0106. GIFTS, GRANTS, AND DONATIONS. The broadband |
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office may accept gifts, grants, and donations from any source that |
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are made for the purposes of the grant program. The broadband |
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office shall deposit to the credit of the account money received |
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under this section. |
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Sec. 18.0107. RULEMAKING. The commission by rule shall |
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implement and administer the grant program. |
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SECTION 2. This Act takes effect September 1, 2019. |