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A BILL TO BE ENTITLED
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AN ACT
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relating to certain contracting requirements for the provision of |
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broadband Internet access service to governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2252, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. CONTRACTS WITH CERTAIN INTERNET SERVICE PROVIDERS |
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Sec. 2252.221. DEFINITIONS. (a) In this subchapter: |
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(1) "Broadband Internet access service" means |
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service, other than dial-up Internet access service, that is: |
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(A) a mass-market retail Internet access service |
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provided by wire or radio that enables a person to transmit and |
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receive data between the person's customer premises equipment, |
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including mobile devices, and substantially all Internet |
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endpoints; or |
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(B) a service that is incidental to or that |
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enables the operation of the service described in Paragraph (A). |
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(2) "Broadband Internet access service provider" |
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means a person that provides broadband Internet access service. |
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(3) "Governmental entity" has the meaning assigned by |
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Section 2252.001. |
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(4) "Paid prioritization" means a broadband Internet |
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access service provider's management of its network to directly or |
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indirectly favor certain traffic over other traffic, including |
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through traffic shaping, prioritization, resource reservation, or |
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other forms of preferential traffic management, either in exchange |
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for consideration from a third party or to benefit an affiliated |
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entity. |
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(b) For the purposes of this subchapter, broadband Internet |
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access service includes the functional equivalent of a service |
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described by Subsection (a)(1)(A) as determined by the Department |
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of Information Resources. |
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Sec. 2252.222. MANAGEMENT. For purposes of Section |
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2252.223, an activity described by Section 2252.223(1) or (2) does |
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not include reasonable network management. A practice is |
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considered to be reasonable network management if the practice: |
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(1) has a technical network management justification; |
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(2) does not include other business practices; and |
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(3) is tailored to achieve a legitimate network |
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management purpose, taking into account the particular network |
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architecture and technology of the broadband Internet access |
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service. |
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Sec. 2252.223. REQUIREMENTS FOR CONTRACTS WITH PROVIDERS. |
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A governmental entity may not contract with a broadband Internet |
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access service provider unless the contract contains a written |
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verification from the provider that the provider does not: |
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(1) block lawful content, applications, or services or |
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the use of non-harmful devices; |
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(2) impair or degrade lawful Internet traffic for the |
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purpose of discriminating against or favoring certain Internet |
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content, applications, or services or the use of non-harmful |
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devices; or |
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(3) engage in paid prioritization. |
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Sec. 2252.224. ENFORCEMENT. The attorney general may bring |
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any action necessary to enforce this subchapter. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before that date is governed by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |