87R6584 BRG-D     By: Nichols S.B. No. 506       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 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 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 the progress of:                      (A)  broadband development in unserved areas; and                      (B)  deployment of broadband services statewide;                (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;                (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; and                (5)  study the outcomes of programs administered by the   broadband development office.          SECTION 3.  Subtitle F, Title 4, Government Code, is amended   by adding Chapter 490I to read as follows:   CHAPTER 490I. BROADBAND DEVELOPMENT OFFICE          Sec. 490I.0101.  DEFINITION. In this chapter, "broadband   service" means Internet service provided directly to end user   retail customers and capable 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.          Sec. 490I.0102.  OFFICE. (a) The broadband development   office is an office within the comptroller's office.          (b)  The comptroller may employ additional employees   necessary for the discharge of the duties of the broadband   development office.          (c)  The broadband development office:                (1)  is under the direction and control of the   comptroller;                (2)  shall promote the policies enumerated in this   chapter; and                (3)  may perform any action authorized by state or   federal law.          Sec. 490I.0103.  POWERS AND DUTIES. The broadband   development office shall:                (1)  serve as a resource for information regarding   broadband service in this state; and                (2)  engage in outreach to communities regarding the   expansion and adoption of broadband service and the programs   administered by the office.          Sec. 490I.0104.  BROADBAND DEVELOPMENT MAP. (a) The   broadband development office shall create, update annually, and   publish on the comptroller's Internet website a map designating   each census block in this state as:                (1)  an eligible area, if fewer than 80 percent of the   addresses in the block have access to broadband service; or                (2)  an ineligible area, if 80 percent or more of the   addresses in the block have access to broadband service.          (b)  The map must display:                (1)  the number of broadband service providers that   serve each census block; and                (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.          (c)  Except as provided by Subsection (d), the office shall   use information available from the Federal Communications   Commission to create or update the map.          (d)  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 shall report the information to the office.   The office may not require a subdivision or provider to report   information in a format that is substantially different from the   format required by the Federal Communications Commission.          (e)  Information a broadband service provider reports to the   office under Subsection (d) is confidential and not subject to   disclosure under Chapter 552. The office may not share information   reported under Subsection (d) with a third party or contract with a   third party to collect, analyze, or use information reported under   Subsection (d).          (f)  A broadband service provider or political subdivision   may petition the office to redesignate a census block 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 census block and post notice of   the petition on the comptroller's Internet website.          (g)  Not later than the 45th day after the date that a   broadband provider receives notice under Subsection (f), the   provider shall provide information to the office showing whether   the census block should or should not be redesignated.          (h)  Not later than the 75th day after the date that a   broadband provider receives notice under Subsection (f), the office   shall determine whether to redesignate the census block 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.          (i)  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 (a); and                (2)  meets the requirements of Subsection (b).          Sec. 490I.0105.  BROADBAND DEVELOPMENT PROGRAM. (a) The   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 census blocks determined to be eligible areas   by the office under Section 490I.0104.          (b)  The office shall establish and publish eligibility   criteria for award recipients. The criteria must 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.          (c)  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.0104;                (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 Chapter 56,   Utilities Code, when deciding to award grants, loans, or other   financial incentives.          (d)  An award granted under this section does not affect   distributions received by a broadband provider from the state   universal service fund established under Chapter 56, Utilities   Code.          Sec. 490I.0106.  BROADBAND DEVELOPMENT ACCOUNT. (a) The   broadband development 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, donations, and grants, including federal   grants; and                (3)  interest earned on the investment of the money in   the account.          (c)  The comptroller shall deposit to the credit of the   account federal money received by the state for the purpose of   broadband development, to the extent permitted by federal law.          (d)  Money in the account may be appropriated only to the   broadband development office for purposes of:                (1)  administering the broadband development program;   or                (2)  creating or updating the map described by Section   490I.0104.          (e)  The account is exempt from the application of Section   404.071.          Sec. 490I.0107.  RULEMAKING. The comptroller may adopt   rules as necessary to implement this chapter.          SECTION 4.  (a) Not later than the first anniversary of the   effective date of this Act, the broadband development office   established by Section 490I.0102, Government Code, as added by this   Act, shall prepare a state broadband plan that establishes   long-term goals for greater access to 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;                (2)  incorporate the policy recommendations of the   governor's broadband development council;                (3)  favor policies that are technology-neutral and   protect all members of the public; and                (4)  explore state and regional approaches to broadband   development.          SECTION 5.  (a) The broadband development office   established by Section 490I.0102, Government Code, as added by this   Act, shall publish the map required by Section 490I.0104,   Government Code, as added by this Act, on the comptroller's   Internet website not later than September 1, 2022.          (b)  Not later than January 1, 2022, the office shall publish   on the comptroller's Internet website:                (1)  a map created by the Federal Communications   Commission that displays the number of broadband service providers   that serve each census block; 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.0105, 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.0104, Government Code, as added by this Act.          SECTION 6.  This Act takes effect September 1, 2021.