86R11518 JXC-D
 
  By: Anderson H.B. No. 2423
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the broadband office within the Public
  Utility Commission of Texas and the establishment of a broadband
  investment grant program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Utilities Code, is amended
  by adding Chapter 18 to read as follows:
  CHAPTER 18. BROADBAND OFFICE
         Sec. 18.0101.  DEFINITIONS. In this chapter:
               (1)  "Account" means the broadband investment account.
               (2)  "Broadband" means a mass-market retail service by
  wire or radio that provides the capability to transmit data to and
  receive data from all or substantially all Internet endpoints,
  including capabilities that are incidental to and enable the
  operation of the service. The term includes a service that is
  functionally equivalent to the service described by this
  subdivision. The term does not include dial-up Internet access.
               (3)  "Grant program" means the program established by
  the broadband office under Section 18.0104.
               (4)  "Rural community" means a municipality with a
  population of less than 50,000 or a county with a population of less
  than 200,000.
         Sec. 18.0102.  OFFICE. (a) The broadband office is an
  office within the commission.
         (b)  The commission may employ additional employees
  necessary for the discharge of the duties of the office.
         Sec. 18.0103.  POWERS AND DUTIES. The broadband office
  shall:
               (1)  facilitate and coordinate the efforts of state
  agencies and local units of government, including regional planning
  commissions, in connection with the planning and deployment of
  broadband projects;
               (2)  develop broadband investment and deployment
  strategies for rural communities and other areas of this state that
  are underserved and unserved with respect to broadband;
               (3)  promote and coordinate public sector and private
  sector broadband solutions in support of statewide broadband
  development goals;
               (4)  assist and promote local and regional broadband
  planning;
               (5)  pursue and obtain federal sources of broadband
  funding;
               (6)  develop a framework to measure broadband access in
  and designate areas of this state that are underserved and unserved
  with respect to broadband;
               (7)  develop statewide goals for broadband deployment
  in rural communities and other underserved and unserved areas
  designated under Subdivision (6);
               (8)  manage and award funds allocated to the broadband
  office for broadband projects; and
               (9)  serve as an information clearinghouse in relation
  to federal programs providing assistance to local entities with
  respect to broadband.
         Sec. 18.0104.  GRANT PROGRAM FOR BROADBAND INVESTMENT
  PROJECTS. (a) The broadband office shall establish a program to
  provide grants to public or private entities for projects that
  stimulate the installation and maintenance of broadband in rural
  communities and other underserved or unserved areas of this state
  with respect to broadband.
         (b)  The commission by rule shall adopt standards for a
  project eligible to be awarded a grant by the broadband office under
  this section. In awarding a grant, the office shall consider:
               (1)  the financial strength of the applicant;
               (2)  the applicant's business history;
               (3)  an analysis of the relevant business sector;
               (4)  whether there is public or private sector
  financial support for the project; and
               (5)  whether there is local support for the project.
         Sec. 18.0105.  BROADBAND INVESTMENT ACCOUNT. (a) The
  broadband investment account is an account in the general revenue
  fund.
         (b)  The account consists of:
               (1)  appropriations of money to the account by the
  legislature;
               (2)  gifts, grants, including federal grants, and other
  donations received under Section 18.0106; and
               (3)  interest earned on the investment of money in the
  account.
         (c)  Money in the account may be appropriated only to the
  broadband office for purposes of the grant program.
         (d)  The account is exempt from the application of Section
  404.071, Government Code.
         Sec. 18.0106.  GIFTS, GRANTS, AND DONATIONS. The broadband
  office may accept gifts, grants, and donations from any source that
  are made for the purposes of the grant program. The broadband
  office shall deposit to the credit of the account money received
  under this section.
         Sec. 18.0107.  RULEMAKING. The commission by rule shall
  implement and administer the grant program.
         SECTION 2.  This Act takes effect September 1, 2019.