HB2964 - Relating to the provision of broadband service in certain rural counties.

  89R8611 CS-F     By: Landgraf H.B. No. 2964       A BILL TO BE ENTITLED   AN ACT   relating to the provision of broadband service in certain rural   counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 490I.0103(c), Government Code, is   amended to read as follows:          (c)  This chapter does not grant the comptroller authority to   regulate broadband services or broadband service providers or,   except as required of an applicant or recipient under Section   490I.0106 or 490I.01063 , to require broadband service providers to   submit information to the comptroller.          SECTION 2.  Section 490I.0106(b), Government Code, is   amended to read as follows:          (b)  The office shall establish eligibility and award   criteria for making awards under this section [ chapter ] for each   applicable notice of funds availability. The comptroller by rule   may prescribe the manner in which the office shall provide notice to   applicants of the applicable criteria. In establishing eligibility   and award criteria, the office shall:                (1)  take into consideration grants and other financial   incentives awarded by the federal government for the deployment of   broadband service;                (2)  prioritize the applications of applicants that   will expand access to and adoption of broadband service in   designated areas in which the highest percentage of broadband   serviceable locations are unserved or underserved locations;                (3)  prioritize the applications of applicants that   will expand access to broadband service in public and private   primary and secondary schools and institutions of higher education;                (4)  give preference to an applicant that provided the   information requested by the office under Section 490I.0105 or   490I.01061; and                (5)  take into consideration whether an applicant has   forfeited federal funding for defaulting on a project to deploy   qualifying broadband service.          SECTION 3.  Chapter 490I, Government Code, is amended by   adding Section 490I.01063 to read as follows:           Sec.   490I.01063.     FUNDING FOR CERTAIN RURAL COUNTIES. (a)   In this section:                 (1)     "Eligible county" means a county with a county   seat that has a population of 5,000 or more but not more than 25,000   that was not selected for the Bringing Online Opportunities to   Texas II program by the broadband development office, and in which   no broadband infrastructure development project has received state   or federal funds.                   (2)     "Fiber-to-the-premises" means the delivery of   broadband services directly to an individual residential or   commercial premises using fiber-optic cables.           (b)     The comptroller shall allocate an amount, not to exceed   $750 million, in the broadband infrastructure fund to be used by the   office to provide grants, low-interest loans, and other financial   incentives for the planning, design, construction, and deployment   of broadband networks in eligible counties to provide   fiber-to-the-premises service to residential or commercial   addresses that are not served by fiber-to-the-premises service   according to the United States Federal Communications Commission's   Broadband Serviceable Location Fabric Data.           (c)  The office shall establish guidelines for:                 (1)  applying for funds;                 (2)  project approval; and                 (3)  monitoring broadband deployment.           (d)  The office shall prioritize projects that demonstrate:                 (1)     a plan for providing reliable broadband service to   underserved or unserved areas by deploying a fiber-optic network   with gigabit passive optical network technology;                 (2)     potential for collaborating with a local   government or private entity that can expedite the construction   process; or                 (3)     a commitment from a county or private entity to   provide financial or in-kind contributions for a project.           (e)     The office shall report to the legislature not later   than December 31 each year:                 (1)     the total amount of funds distributed under this   section;                 (2)  a list of eligible counties and projects funded;                 (3)     the number of eligible addresses that have been   provided fiber-to-the-premises service through funds awarded under   this section; and                 (4)     any challenges or delays in implementing the   provisions of this section.           (f)     The office shall conduct a comprehensive review of the   program established under this section not later than September 1,   2030, to evaluate the program's effectiveness at closing the   broadband access gap in rural counties.          SECTION 4.  Section 490I.0108(d), Government Code, is   amended to read as follows:          (d)  Money in the account may be appropriated only to the   broadband development office for purposes of:                (1)  creating or updating the map described by Section   490I.0105;                (2)  administering a [ the ] broadband development   program under Section 490I.0106 or 490I.01063 ;                (3)  creating or updating the state broadband plan   under Section 490I.0107; or                (4)  engaging in outreach to communities regarding the   expansion, adoption, affordability, and use of broadband service   and the programs administered by the office and equipment.          SECTION 5.  Section 490I.0110(i), Government Code, is   amended to read as follows:          (i)  A person who is professionally affiliated with a person   serving as a member of the board of advisors is not eligible for   funding from a [ the ] broadband development program under Section   490I.0106 or 490I.01063 if the member is involved in decisions   regarding the award of grants, loans, or other financial incentives   under those sections [ that section ].          SECTION 6.  The broadband development office shall establish   the guidelines required by Section 490I.01063, Government Code, as   added by this Act, not later than April 1, 2026.          SECTION 7.  This Act takes effect September 1, 2025.