By: Buckingham, Eckhardt, West S.B. No. 632
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to provision of broadband infrastructure and connectivity
  by the Lower Colorado River Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 8503, Special District Local Laws Code,
  is amended by adding Section 8503.032 to read as follows:
         Sec. 8503.032.  BROADBAND SERVICE INFRASTRUCTURE AND
  CONNECTIVITY. (a)  In this section, "broadband service" means
  advanced telecommunications capability and Internet access.
         (b)  The authority may provide fiber capacity or facilities
  for the purpose of facilitating broadband service connectivity.
         (c)  The authority may not provide broadband service to a
  retail customer.
         (d)  Notwithstanding any other law, Subtitle C, Title 2,
  Utilities Code, does not apply to the authority.
         (e)  The authority may provide fiber capacity or facilities
  only on reasonable and nondiscriminatory terms and conditions.
         (f)  The authority may not agree to lease fiber capacity or
  facilities to a municipality for the purpose of facilitating
  broadband service connectivity, other than for communications
  regarding utility operations, unless the authority:
               (1)  posts on the authority's Internet website
  information concerning the proposal to lease the capacity or
  facilities to the municipality not less than 90 days before
  entering into the lease agreement with the municipality; and
               (2)  for the 90-day period beginning on the date that
  the authority posts information under Subdivision (1), makes the
  capacity or facilities available for lease to any commercial
  broadband provider that provides broadband services in the
  municipality, on the authority's standard terms and conditions.
         SECTION 2.  This Act takes effect immediately if it 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, this
  Act takes effect September 1, 2021.