SB1897 - Relating to advanced communications infrastructure security; authorizing a fee; providing administrative penalties.

      By: Hughes, et al. S.B. No. 1897     (McQueeney)           A BILL TO BE ENTITLED   AN ACT   relating to advanced communications infrastructure security;   authorizing a fee; providing administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 2, Utilities Code, is amended   by adding Chapter 67 to read as follows:   CHAPTER 67.   ADVANCED COMMUNICATIONS INFRASTRUCTURE SECURITY           Sec. 67.001.  DEFINITIONS. In this chapter:                 (1)     "Advanced communications infrastructure" means   physical ground-based infrastructure or equipment used to provide   advanced communications service.                 (2)  "Advanced communications service" means:                       (A)     advanced telecommunications capability, as   defined by 47 U.S.C. Section 1302; or                       (B)     any other telecommunications capability   that:                             (i)     permits end users to engage in   communications; and                             (ii)     is designated by the commission by   rule as an advanced communications service for the purposes of this   chapter.                 (3)     "Advanced communications service provider" means   a person who provides advanced communications service to customers   in this state.                 (4)     "Company" has the meaning assigned by Section   117.001, Business & Commerce Code.                 (5)     "Federally banned company" means a company that   produces or provides communications equipment or services listed as   of September 1, 2025, on the covered list published by the Public   Safety and Homeland Security Bureau of the Federal Communications   Commission, as required by 47 C.F.R. Section 1.50002.           Sec.   67.002.     ADVANCED COMMUNICATIONS INFRASTRUCTURE. (a)     An advanced communications service provider may not construct   advanced communications infrastructure after August 31, 2025, that   includes any equipment produced or provided by a federally banned   company.           (b)     An advanced communications service provider that   operates advanced communications infrastructure installed before   September 1, 2025, that was produced or provided by a federally   banned company shall disable and remove the infrastructure as soon   as possible after September 1, 2025.   The advanced communications   service provider is not required to apply for any applicable state   or local permit to replace the removed advanced communications   infrastructure if:                 (1)     the provider notifies the relevant state agency or   local entity of the replacement; and                 (2)     the replacement infrastructure is similar to the   removed infrastructure.           Sec.   67.003.     REGISTRATION WITH COMMISSION. (a)   An   advanced communications service provider that uses advanced   communications infrastructure produced or provided by a federally   banned company shall register with the commission annually.           (b)     Each registered advanced communications service   provider shall:                 (1)     pay to the commission an annual registration fee   prescribed by the commission in an amount sufficient to cover the   cost of administering the registration program; and                 (2)     maintain on file with the commission the following   information:                       (A)     the name, address, telephone number, and   e-mail address of an employee of the provider with managerial   responsibility for the provider's operations in this state;                       (B)     the geographic coordinates of the areas   served by any advanced communications infrastructure required to be   replaced by the provider under Section 67.002;                       (C)     whether the advanced communications service   provider is a participant in the federal Secure and Trusted   Communications Networks Reimbursement Program; and                       (D)     any other information required by the   commission.           Sec.   67.004.     REQUIREMENTS FOR PARTICIPANT IN SECURE AND   TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM. An   advanced communications service provider that is a participant in   the federal Secure and Trusted Communications Networks   Reimbursement Program shall:                 (1)     report to the commission not later than January 1   of each year all communications equipment or services operated by   the provider eligible for replacement reimbursement from the   program and the geographic coordinates of the areas served by that   equipment or service; and                 (2)     submit a quarterly report to the commission that   includes any information required by the commission regarding the   advanced communications service provider's compliance with the   requirements of the program.           Sec.   67.005.     ENFORCEMENT. (a)   The commission shall assess   an administrative penalty in the manner provided by Chapter 15 in an   amount of at least $5,000 and not more than $25,000 against an   advanced communications service provider for each violation of this   chapter.   Each day a violation continues or occurs may be considered   a separate violation for purposes of imposing a penalty.           (b)     The commission shall assess an administrative penalty   in the manner provided by Chapter 15 in an amount of at least   $10,000 and not more than $20,000 against an advanced   communications service provider that knowingly files a false   registration under Section 67.003.   Each day a violation continues   or occurs may be considered a separate violation for purposes of   imposing a penalty.           (c)     Notwithstanding any other law, an advanced   communications service provider that does not comply with this   chapter may not:                 (1)     receive state or local funds for the development   or maintenance of advanced communications infrastructure,   including disbursements from the state universal service fund   established under Section 56.021; or                 (2)     receive any federal funds that are subject to   distribution by state or local governments for the development or   maintenance of new or existing advanced communications   infrastructure.           Sec.   67.006.     MAP. (a)   The commission shall develop a map   of known advanced communications infrastructure installed in this   state that was produced or provided by a federally banned company.           (b)  The map must include:                 (1)     the location of the advanced communications   infrastructure and the areas served by the infrastructure;                 (2)     the advanced communications service provider   responsible for the advanced communications infrastructure; and                 (3)     a description of the advanced communications   infrastructure, including the manufacturer and equipment type.          SECTION 2.  Not later than January 1, 2027, an advanced   communications service provider to which Section 67.002(b),   Utilities Code, as added by this Act, applies shall, as applicable:                (1)  register with the Public Utility Commission of   Texas as required by Section 67.003, Utilities Code, as added by   this Act; and                (2)  submit to the Public Utility Commission of Texas   the first reports required by Section 67.004, Utilities Code, as   added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.