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A BILL TO BE ENTITLED
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AN ACT
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relating to advanced communications infrastructure security; |
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authorizing a fee; providing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 2, Utilities Code, is amended |
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by adding Chapter 67 to read as follows: |
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CHAPTER 67. ADVANCED COMMUNICATIONS INFRASTRUCTURE SECURITY |
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Sec. 67.001. DEFINITIONS. In this chapter: |
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(1) "Advanced communications infrastructure" means |
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physical infrastructure or equipment used to provide advanced |
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communications service. |
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(2) "Advanced communications service" means: |
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(A) advanced telecommunications capability, as |
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defined by 47 U.S.C. Section 1302; or |
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(B) any other telecommunications capability |
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that: |
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(i) permits end users to engage in |
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communications; and |
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(ii) is designated by the commission by |
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rule as an advanced communications service for the purposes of this |
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chapter. |
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(3) "Advanced communications service provider" means |
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a person who provides advanced communications service to customers |
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in this state. |
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(4) "Company" has the meaning assigned by Section |
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117.001, Business & Commerce Code. |
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(5) "Federally banned company" means a company that |
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produces or provides communications equipment or services listed as |
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of September 1, 2025, on the covered list published by the Public |
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Safety and Homeland Security Bureau of the Federal Communications |
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Commission, as required by 47 C.F.R. Section 1.50002. |
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Sec. 67.002. ADVANCED COMMUNICATIONS INFRASTRUCTURE. (a) |
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An advanced communications service provider may not construct |
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advanced communications infrastructure after August 31, 2025, that |
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includes any equipment produced or provided by a federally banned |
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company. |
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(b) An advanced communications service provider that |
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operates advanced communications infrastructure installed before |
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September 1, 2025, that was produced or provided by a federally |
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banned company shall disable and remove the infrastructure as soon |
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as possible after September 1, 2025. The advanced communications |
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service provider is not required to apply for any applicable state |
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or local permit to replace the removed advanced communications |
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infrastructure if: |
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(1) the provider notifies the relevant state agency or |
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local entity of the replacement; and |
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(2) the replacement infrastructure is similar to the |
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removed infrastructure. |
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Sec. 67.003. REGISTRATION WITH COMMISSION. (a) An |
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advanced communications service provider that uses advanced |
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communications infrastructure produced or provided by a federally |
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banned company shall register with the commission annually. |
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(b) Each registered advanced communications service |
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provider shall: |
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(1) pay to the commission an annual registration fee |
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prescribed by the commission in an amount sufficient to cover the |
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cost of administering the registration program; and |
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(2) maintain on file with the commission the following |
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information: |
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(A) the name, address, telephone number, and |
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e-mail address of an employee of the provider with managerial |
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responsibility for the provider's operations in this state; |
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(B) the geographic coordinates of the areas |
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served by any advanced communications infrastructure required to be |
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replaced by the provider under Section 67.002; and |
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(C) whether the advanced communications service |
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provider is a participant in the federal Secure and Trusted |
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Communications Networks Reimbursement Program. |
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Sec. 67.004. REQUIREMENTS FOR PARTICIPANT IN SECURE AND |
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TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM. An |
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advanced communications service provider that is a participant in |
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the federal Secure and Trusted Communications Networks |
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Reimbursement Program shall: |
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(1) report to the commission not later than January 1 |
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of each year all communications equipment or services operated by |
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the provider eligible for replacement reimbursement from the |
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program and the geographic coordinates of the areas served by that |
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equipment or service; and |
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(2) submit a quarterly report to the commission on the |
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advanced communications service provider's compliance with the |
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requirements of the program. |
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Sec. 67.005. ENFORCEMENT. (a) The commission shall assess |
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an administrative penalty in the manner provided by Chapter 15 in an |
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amount of at least $5,000 and not more than $25,000 against an |
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advanced communications service provider for each violation of this |
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chapter. Each day a violation continues or occurs may be considered |
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a separate violation for purposes of imposing a penalty. |
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(b) The commission shall assess an administrative penalty |
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in the manner provided by Chapter 15 in an amount of at least |
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$10,000 and not more than $20,000 against an advanced |
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communications service provider that knowingly files a false |
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registration under Section 67.003. Each day a violation continues |
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or occurs may be considered a separate violation for purposes of |
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imposing a penalty. |
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(c) Notwithstanding any other law, an advanced |
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communications service provider that does not comply with this |
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chapter may not: |
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(1) receive state or local funds for the development |
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or maintenance of advanced communications infrastructure, |
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including disbursements from the state universal service fund |
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established under Section 56.021; or |
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(2) receive any federal funds that are subject to |
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distribution by state or local governments for the development or |
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maintenance of new or existing advanced communications |
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infrastructure. |
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Sec. 67.006. MAP. (a) The commission shall develop a map |
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of known advanced communications infrastructure installed in this |
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state that was produced or provided by a federally banned company. |
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(b) The map must include: |
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(1) the location of the advanced communications |
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infrastructure and the areas served by the infrastructure; |
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(2) the advanced communications service provider |
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responsible for the advanced communications infrastructure; and |
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(3) a description of the advanced communications |
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infrastructure, including the manufacturer and equipment type. |
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SECTION 2. Not later than January 1, 2026, an advanced |
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communications service provider to which Section 67.002(b), |
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Utilities Code, as added by this Act, applies shall, as applicable: |
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(1) register with the Public Utility Commission of |
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Texas as required by Section 67.003, Utilities Code, as added by |
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this Act; and |
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(2) submit to the Public Utility Commission of Texas |
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the first reports required by Section 67.004, Utilities Code, as |
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added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |