88R13431 DIO-F     By: Ashby H.B. No. 9       A BILL TO BE ENTITLED   AN ACT   relating to the development and funding of broadband and   telecommunications services; making an appropriation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 403, Government Code, is amended by   adding Subchapter T to read as follows:   SUBCHAPTER T. TEXAS BROADBAND INFRASTRUCTURE FUND          Sec. 403.601.  DEFINITIONS. In this subchapter:                (1)  "Broadband Equity, Access, and Deployment   Program" means the federal Broadband Equity, Access, and Deployment   Program established by the Infrastructure Investment and Jobs Act   (Pub. L. No. 117-58).                (2)  "Commission" means the Public Utility Commission   of Texas.                (3)  "Fund" means the broadband infrastructure fund   established under Section 49-d-16, Article III, Texas   Constitution.                (4)  "Office" means the broadband development office   established under Section 490I.0102.                (5)  "Universal service fund" means the fund   established under Section 56.021, Utilities Code.          Sec. 403.602.  LEGISLATIVE FINDINGS; PUBLIC PURPOSE.  The   legislature finds that:                (1)  the creation of the fund will meet an imperative   public need and serve the economic, educational, and health care   needs of the state; and                (2)  the use of the fund is in furtherance of the public   purpose of expanding and ensuring access to reliable, high-speed   broadband connectivity.          Sec. 403.603.  BROADBAND INFRASTRUCTURE FUND. (a)  The   broadband infrastructure fund is a special fund in the state   treasury outside the general revenue fund. The fund consists of:                (1)  appropriations from the legislature for a purpose   of the fund;                (2)  fees or other sources of revenue that the   legislature dedicates for deposit to the fund;                (3)  interest earned on money credited to the fund;                (4)  depository interest allocable to the fund; and                (5)  money from gifts, grants, or donations to the   fund.          (b)  The fund shall be administered by the comptroller who,   jointly with the commission, shall determine the use of the money   from the fund in accordance with Subsection (c).          (c)  The fund may be used only to:                (1)  create or update the map described by Section   490I.0105;                (2)  administer the program described by Section   490I.0106;                (3)  prepare or update the state broadband plan   described by Section 490I.0107;                (4)  engage in outreach to communities regarding the   expansion, adoption, affordability, and use of broadband service   and the programs administered by the office and equipment;                (5)  allocate money to fully fund the universal service   fund;                (6)  fund the 9-1-1 and the next generation 9-1-1   services under Chapter 771, Health and Safety Code;                (7)  deposit money to the credit of the next generation   9-1-1 service fund to be expended as provided by Section 771.0713,   Health and Safety Code;                (8)  deposit money to the credit of the broadband pole   replacement fund for expenditure in accordance with Section   403.502, as added by Section 659 (H.B. 1505), Acts of the 87th   Legislature, Regular Session, 2021;                (9)  provide matching funds for federal money provided   for the Broadband Equity, Access, and Deployment Program;                (10)  support increased connectivity needs for   qualifying schools under the federal Schools and Libraries Program   ("E-rate program") as provided by 47 C.F.R. Part 54, Subpart F, or   similar legislation providing federal funding for broadband and   telecommunications initiatives;                (11)  improve public safety telecommunications   connectivity, including support for school safety; and                (12)  administer and enforce this subchapter.          Sec. 403.604.  RULEMAKING. The comptroller shall adopt   rules as necessary to administer this subchapter.          SECTION 2.  Section 771.071, Health and Safety Code, is   amended by adding Subsection (h) to read as follows:          (h)  Notwithstanding any other law, the commission shall   suspend the imposition of the fee under this section during the   period in which funding of the 9-1-1 emergency service is being   provided under Section 403.603, Government Code, from the broadband   infrastructure fund.          SECTION 3.  Section 771.0711, Health and Safety Code, is   amended by adding Subsection (k) to read as follows:          (k)  Notwithstanding any other law, the commission shall   suspend the imposition of the fee under this section during the   period in which funding for the automatic number identification and   automatic location identification of wireless 9-1-1 calls is being   provided under Section 403.603, Government Code, from the broadband   infrastructure fund.          SECTION 4.  Section 771.0712, Health and Safety Code, is   amended by adding Subsection (f) to read as follows:          (f)  Notwithstanding any other law, the comptroller shall   suspend the imposition of the fee under this section during the   period in which funding for the prepaid wireless 9-1-1 emergency   service is being provided under Section 403.603, Government Code,   from the broadband infrastructure fund.          SECTION 5.  Section 771.072, Health and Safety Code, is   amended by adding Subsection (h) to read as follows:          (h)  Notwithstanding any other law, the commission shall   suspend the imposition of the surcharge under this section during   the period in which funding for the services described by Sections   771.071 and 771.0711 is being provided under Section 403.603,   Government Code, by the broadband infrastructure fund.          SECTION 6.  Section 56.022, Utilities Code, is repealed.          SECTION 7.  (a)  On January 1, 2024, there is appropriated to   the comptroller of public accounts from the economic stabilization   fund the amount of $5 billion for the purpose of immediately   depositing that amount to the credit of the broadband   infrastructure fund.          (b)  The comptroller of public accounts shall deposit the   money appropriated by Subsection (a) of this section not later than   the 30th day after the effective date of this Act.          SECTION 8.  This Act takes effect January 1, 2024, if the   constitutional amendment proposed by the 88th Legislature, Regular   Session, 2023, creating the broadband infrastructure fund to assist   in the financing of broadband and telecommunications services   projects in the state takes effect.  If that amendment is not   approved by the voters, this Act has no effect.