By: Nichols, et al. S.B. No. 5     A BILL TO BE ENTITLED   AN ACT   relating to the expansion of broadband services to certain areas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 490H.002(a), Government Code, is amended   to read as follows:          (a)  The council is composed of one nonvoting member   appointed by the state broadband development office and the   following 17 voting members:                (1)  two representatives of separate Internet service   provider industry associations, including at least one   representative of an association that primarily represents   regulated small providers, as defined by Section 56.032, Utilities   Code, appointed by the governor;                (2)  one representative of the health information   technology industry, appointed by the governor;                (3)  two representatives of unaffiliated nonprofit   organizations that advocate for elderly persons statewide,   appointed by the governor;                (4)  two representatives of unaffiliated nonprofit   organizations that have a demonstrated history of working with the   legislature and the public to identify solutions for expanding   broadband to rural, unserved areas of this state, appointed by the   governor;                (5)  one representative of an agricultural advocacy   organization in this state, appointed by the governor;                (6)  one representative of a hospital advocacy   organization in this state, appointed by the governor;                (7)  one representative of a medical advocacy   organization in this state, appointed by the governor;                (8)  one county official who serves in an elected   office of a county with a population of less than 35,000, appointed   by the governor;                (9)  one municipal official who serves in an elected   office of a municipality with a population of less than 20,000   located in a county with a population of less than 60,000, appointed   by the governor;                (10)  one representative of an institution of higher   education that has its main campus in a county with a population of   less than 60,000, appointed by the governor;                (11)  one representative of a school district with a   territory that includes only counties with a population of less   than 60,000, appointed by the governor;                (12)  one representative from a library association,   appointed by the governor;                (13)  one member of the house of representatives,   appointed by the speaker of the house of representatives; and                (14)  one state senator, appointed by the lieutenant   governor.          SECTION 2.  Section 490H.006(a), Government Code, is amended   to read as follows:          (a)  The council shall:                (1)  research and monitor the progress of:                      (A)  broadband development in unserved areas;                      (B)  deployment of broadband services statewide;   and                      (C)  purchase of broadband by residential and   commercial customers;                (2)  identify barriers to residential and commercial   broadband deployment in unserved areas;                (3)  study:                      (A)  technology-neutral solutions to overcome   barriers identified under Subdivision (2); and                      (B)  industry and technology trends in broadband   services; and                (4)  analyze how statewide access to broadband would   benefit:                      (A)  economic development;                      (B)  the delivery of educational opportunities in   higher education and public education;                      (C)  state and local law enforcement;                      (D)  state emergency preparedness; and                      (E)  the delivery of health care services,   including telemedicine and telehealth.          SECTION 3.  Subtitle F, Title 4, Government Code, is amended   by adding Chapter 490I to read as follows:   CHAPTER 490I. STATE BROADBAND DEVELOPMENT OFFICE          Sec. 490I.0101.  OFFICE. (a) The state broadband   development office is established to promote the expansion of   access to broadband service in this state.          (b)  The state broadband development office is   administratively attached to The University of Texas System.  The   system may employ additional employees necessary for the discharge   of the duties of the office.          (c)  The state broadband development office:                (1)  is under the direction and control of the board of   advisors established by Section 490I.0104;                (2)  shall promote the policies enumerated in this   chapter; and                (3)  may perform any action authorized by state or   federal law.          Sec. 490I.0102.  POWERS AND DUTIES. (a) The state broadband   development office shall:                (1)  serve as a resource for information regarding   broadband service in this state;                (2)  engage in outreach to communities regarding the   expansion, adoption, and affordability of broadband service and the   programs administered by the office; and                (3)  serve as an information clearinghouse regarding   federal programs that provide assistance to local entities with   respect to broadband service.          (b)  The office has the powers necessary to carry out the   duties of the office under this chapter, including the power to   enter into contracts and other necessary instruments.          (c)  This chapter does not grant the office authority to   regulate broadband services or broadband service providers or,   except as provided by Section 490I.0107, to require broadband   service providers to submit information to the office.          Sec. 490I.0103.  THRESHOLD SPEED FOR BROADBAND SERVICE. (a)   For the purposes of this chapter and subject to Subsection (b),   "broadband service" means Internet service with the capability of   providing:                (1)  a download speed of 25 megabits per second or   faster; and                (2)  an upload speed of 3 megabits per second or faster.          (b)  If the Federal Communications Commission adopts   download or upload threshold speeds for advanced   telecommunications capability under 47 U.S.C. Section 1302 that are   higher than those specified by Subsection (a), the state broadband   development office by rule may require Internet service to be   capable of providing download and upload speeds that match those   federal threshold speeds in order to qualify as broadband service   under this chapter.          (c)  Not later than the 60th day after the date the state   broadband development office adjusts the minimum download or upload   speeds required for Internet service to qualify as broadband   service under this chapter, the office shall publish the adjusted   minimum download and upload speeds on the comptroller's Internet   website.          Sec. 490I.0104.  BOARD OF ADVISORS. (a)  In this section:                (1)  "Rural area" means a county with a population of   less than 100,000 that is not adjacent to a county with a population   of more than 350,000.                (2)  "Urban area" means:                      (A)  a municipality with a population of more than   500,000; or                      (B)  a county with a population of more than 1   million.          (b)  The state broadband development office board of   advisors is composed of 12 members, appointed as follows:                (1)  three members appointed by the governor,   including:                      (A)  one member to represent the Texas Economic   Development and Tourism Office; and                      (B)  two members to represent nonprofit   corporations that work on broadband connectivity, broadband   adoption, and digital literacy;                (2)  three members appointed by the lieutenant   governor, including:                      (A)  one member who resides in a rural area;                      (B)  one member who resides in an urban area; and                      (C)  one member to represent the public education   community;                (3)  three members appointed by the speaker of the   house of representatives, including:                      (A)  one member who resides in a rural area;                      (B)  one member who resides in a county that:                            (i)  is adjacent to an international border;                            (ii)  is located not more than 150 miles from   the Gulf of Mexico; and                            (iii)  has a population of more than 60,000;   and                      (C)  one member to represent the health and   telemedicine industry;                (4)  one member appointed by the board of regents of The   University of Texas System;                (5)  one member appointed by the board of regents of the   Texas Tech University System; and                (6)  one nonvoting member appointed by the state   broadband development office to represent the office.          (c)  Members of the board of advisors serve at the pleasure   of the appointing authority for staggered two-year terms, with the   terms of the members described by Subsections (b)(1) and (2)   expiring February 1 of each odd-numbered year and the terms of the   members described by Subsections (b)(3), (4), (5), and (6) expiring   February 1 of each even-numbered year. A member may serve more than   one term.          (d)  Not later than the 30th day after the date a member's   term expires, the appropriate appointing authority shall appoint a   replacement in the same manner as the original appointment.          (e)  If a vacancy occurs on the board of advisors, the   appropriate appointing authority shall appoint a successor in the   same manner as the original appointment to serve for the remainder   of the unexpired term. The appropriate appointing authority shall   appoint the successor not later than the 30th day after the date the   vacancy occurs.          (f)  The board of advisors shall meet at least once per month   with representatives from the state broadband development office   for the purpose of directing and overseeing the work of the office   in implementing the provisions of this chapter.          (g)  The board of advisors may retain employees to discharge   the duties of the office.          (h)  A person who is professionally affiliated with a person   serving as a member of the board of advisors is not eligible for   funding from the broadband development program established under   Section 490I.0107.          (i)  The board of advisors may consult with stakeholders with   technical expertise in the area of broadband and telecommunication   technology.          (j)  Meetings of the board of advisors are subject to Chapter   551.          Sec. 490I.0105.  PARTICIPATION IN PROCEEDINGS OF FEDERAL   COMMUNICATIONS COMMISSION. (a) The state broadband development   office may monitor, participate in, and provide input in   proceedings of the Federal Communications Commission related to the   geographic availability and deployment of broadband service in this   state to ensure that:                (1)  the information available to the commission   reflects the current status of geographic availability and   deployment of broadband service in this state; and                (2)  this state is best positioned to benefit from   broadband service deployment programs administered by federal   agencies.          (b)  The office may participate in a process established by   the Federal Communications Commission allowing governmental   entities to challenge the accuracy of the commission's information   regarding the geographic availability and deployment of broadband   service.          (c)  The office shall establish procedures and a data   collection process in accordance with rules established by the   Federal Communications Commission that will enable the office to   participate in the process described by Subsection (b).          Sec. 490I.0106.  BROADBAND DEVELOPMENT MAP. (a) The state   broadband development office shall develop and maintain a public   Internet website.          (b)  The office shall create, update annually, and publish on   the office's Internet website a map classifying each designated   area in this state as:                (1)  an eligible area, if fewer than 80 percent of the   addresses in the designated area have access to broadband service;   or                (2)  an ineligible area, if 80 percent or more of the   addresses in the designated area have access to broadband service.          (c)  The office by rule may determine the scope of a   designated area under Subsection (b).          (d)  After creation of the initial map described in   Subsection (b), the office may evaluate the usefulness of the   standards for eligible and ineligible areas outlined in Subsection   (b) and, if appropriate, make a recommendation to the legislature   to revise the standards.          (e)  The map must display:                (1)  the number of broadband service providers that   serve each eligible area;                (2)  for each eligible area, an indication of whether   the area has access to Internet service that is not broadband   service, regardless of the technology used to provide the service;   and                (3)  each public school campus in this state with an   indication of whether the public school campus has access to   broadband service.          (f)  The office must create, update, and publish the map in a   manner consistent with the Federal Communications Commission   mapping methodology prescribed under the Broadband DATA Act (Pub.   L. No. 116-130).          (g)  Except as provided by Subsection (h), the office shall   use information available from the Federal Communications   Commission to create or update the map.          (h)  If information from the Federal Communications   Commission is not sufficient for the office to create or update the   map, the office may request the necessary information from a   political subdivision or broadband service provider, and the   subdivision or provider may report the information to the office.   The office may not require a subdivision or provider to report   information in a format different from the format required by the   Federal Communications Commission mapping methodology prescribed   under the Broadband DATA Act (Pub. L. No. 116-130).          (i)  Information a broadband service provider reports to the   office under Subsection (h) and information provided by the Federal   Communications Commission, if not publicly available, is   confidential and not subject to disclosure under Chapter 552.          (j)  The office may contract with a private consultant or   other appropriate person who is not associated or affiliated with a   commercial broadband provider, including a local governmental   entity, to provide technical or administrative assistance to the   office for the purpose of creating or updating the map.          (k)  The office may release information reported under   Subsection (h) to a contractor providing services under Subsection   (j). The contractor shall:                (1)  keep the information confidential; and                (2)  return the information to the office on the   earliest of the following dates:                      (A)  the date the contract expires;                      (B)  the date the contract is terminated; or                      (C)  the date the mapping project for which the   contractor is providing services is complete.          (l)  A person who contracts under Subsection (j) may not   provide services for a broadband provider in this state before the   second anniversary of the last day the contract is in effect.          (m)  The office shall establish criteria for determining   whether a designated area should be reclassified as an eligible   area or an ineligible area. The criteria must include an evaluation   of Internet speed test data and information on end user addresses.   The criteria may also include community surveys regarding the   reliability of Internet service, where available.          (n)  A broadband service provider or political subdivision   may petition the office to reclassify a designated area on the map   as an eligible area or ineligible area. The office shall provide   notice of the petition to each broadband service provider that   provides broadband service to the designated area and post notice   of the petition on the office's Internet website.          (o)  Not later than the 45th day after the date that a   broadband provider receives notice under Subsection (n), the   provider shall provide information to the office showing whether   the designated area should or should not be reclassified.          (p)  Not later than the 75th day after the date that a   broadband provider receives notice under Subsection (n), the office   shall determine whether to reclassify the designated area on the   map and update the map as necessary. A determination made by the   office under this subsection is not a contested case for purposes of   Chapter 2001.          (q)  The office is not required to create, update, or publish   a map under this section if the Federal Communications Commission   produces a map that:                (1)  enables the office to identify eligible and   ineligible areas, as described by Subsection (b); and                (2)  meets the requirements of Subsection (f).          Sec. 490I.0107.  BROADBAND DEVELOPMENT PROGRAM. (a) The   state broadband development office shall establish a program to   award grants, low-interest loans, and other financial incentives to   applicants for the purpose of expanding access to and adoption of   broadband service in designated areas determined to be eligible   areas by the office under Section 490I.0106.          (b)  The office shall establish and publish eligibility   criteria for award recipients. The criteria must:                (1)  include consideration of grants and other   financial incentives awarded from the federal government for the   deployment of broadband service in a designated area;                (2)  require that grants, loans, and other financial   incentives awarded through the program be used only for capital   expenses, purchase or lease of property, and other expenses,   including backhaul and transport, that will facilitate the   provision or adoption of broadband service; and                (3)  prioritize eligible areas in which the lowest   percentage of addresses have access to broadband service.          (c)  Notwithstanding Subsection (b)(3), the office may   establish eligibility criteria that take into account a cost   benefit analysis for awarding money to the eligible areas described   by that subdivision.          (d)  The office may not:                (1)  favor a particular broadband technology in   awarding grants, loans, or other financial incentives;                (2)  award grants, loans, or other financial incentives   to a broadband provider that does not report information requested   by the office under Section 490I.0106;                (3)  award a grant, loan, or other financial incentive   to a noncommercial provider of broadband service for an eligible   area if a commercial provider of broadband service has submitted an   application for the eligible area; or                (4)  take into consideration distributions from the   state universal service fund established under Section 56.021,   Utilities Code, when deciding to award grants, loans, or other   financial incentives.          (e)  An award granted under this section does not affect   distributions received by a broadband provider from the state   universal service fund established under Section 56.021, Utilities   Code.          Sec. 490I.0108.  BROADBAND DEVELOPMENT FUND. (a) The   broadband development fund is a special fund in the state treasury   outside of the general revenue fund.          (b)  The fund consists of:                (1)  appropriations of money to the fund by the   legislature;                (2)  gifts, donations, and grants, including federal   grants; and                (3)  interest earned on the investment of the money in   the fund.          (c)  The comptroller shall deposit to the credit of the fund   federal money received by the state for the purpose of broadband   development, to the extent permitted by state and federal law.          (d)  Money in the fund may be appropriated only to the state   broadband development office for purposes of:                (1)  administering the broadband development program;                (2)  creating or updating the map described by Section   490I.0106;                (3)  creating or updating the state broadband plan   under Section 490I.0109; or                (4)  engaging in outreach to communities regarding the   programs administered by the office and the expansion, adoption,   and affordability of broadband services and equipment.          (e)  The fund is exempt from the application of Section   404.071.          Sec. 490I.0109.  STATE BROADBAND PLAN. (a) The state   broadband development office shall prepare a state broadband plan   that establishes long-term goals for greater access to and   affordability and adoption of broadband service in this state.          (b)  In developing the state broadband plan, the office   shall:                (1)  collaborate, to the extent possible, with state   agencies, political subdivisions, broadband industry stakeholders   and representatives, and community organizations that focus on   broadband services and technology access;                (2)  give consideration to the policy recommendations   of the governor's broadband development council;                (3)  favor policies that are technology-neutral and   protect all members of the public;                (4)  explore state and regional approaches to broadband   development; and                (5)  prioritize broadband needs related to public   education and state and local education agencies, including   agencies involved in the electronic administration of all   assessment instruments required under Section 39.023, Education   Code.          Sec. 490I.0110.  RULEMAKING. The state broadband   development office may adopt rules necessary to implement this   chapter. Rules must be:                (1)  proposed and adopted according to Chapter 2001;   and                (2)  approved by a majority vote of the board of   advisors.          SECTION 4.  Not later than November 1, 2021, each appointing   authority shall appoint the members of the state broadband   development office board of advisors as required by Section   490I.0104, Government Code, as added by this Act. The board of   advisors may not take action until a majority of the members have   taken office.          SECTION 5.  Not later than the first anniversary of the   effective date of this Act, the state broadband development office   established by Section 490I.0101, Government Code, as added by this   Act, shall prepare the initial state broadband plan required by   Section 490I.0109, Government Code, as added by this Act.          SECTION 6.  (a) The state broadband development office   established by Section 490I.0101, Government Code, as added by this   Act, shall publish the map required by Section 490I.0106,   Government Code, as added by this Act, on the office's Internet   website not later than January 1, 2023.          (b)  Not later than September 1, 2022, the office shall   publish on the office's Internet website:                (1)  a map created by the Federal Communications   Commission that displays the number of broadband service providers   that serve each designated area; or                (2)  a link to a map described by Subdivision (1) of   this subsection.          (c)  For the purpose of administering the broadband   development program established by Section 490I.0107, Government   Code, as added by this Act, the office shall use a map described by   Subsection (b) of this section to determine whether an area is   eligible until the office publishes the map required by Section   490I.0106, Government Code, as added by this Act.          SECTION 7.  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.