H.B. No. 735
 
 
 
 
AN ACT
  relating to the discontinuation of the Telecommunications
  Infrastructure Fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  The following are repealed on the effective
  date of this Act as provided by Section 15 of this Act:
               (1)  Subchapter E, Chapter 32, Education Code; and
               (2)  Section 441.1385, Government Code.
         (b)  Effective October 1, 2007, Subchapter C, Chapter 57,
  Utilities Code, is repealed.
         SECTION 2.  Section 21.0483(c), Education Code, is amended
  to read as follows:
         (c)  To be eligible for a master technology teacher
  certificate, a person must:
               (1)  hold a technology applications or Technology
  Education certificate issued under this subchapter, satisfactorily
  complete the course of instruction prescribed under Subdivision
  (2)(B), and satisfactorily perform on the examination prescribed
  under Subdivision (2)(C); or
               (2)  hold a teaching certificate issued under this
  subchapter and:
                     (A)  have at least three years of teaching
  experience;
                     (B)  satisfactorily complete a knowledge-based
  and skills-based course of instruction on interdisciplinary
  technology applications and the science of teaching technology that
  includes training in:
                           (i)  effective technology instruction
  techniques, including applications designed to meet the
  educational needs of students with disabilities;
                           (ii)  classroom teaching methodology that
  engages student learning through the integration of technology;
                           (iii)  digital learning competencies,
  including Internet research, graphics, animation, website
  mastering, and video technologies;
                           (iv)  curriculum models designed to prepare
  teachers to facilitate an active student learning environment; and
                           (v)  effective professional peer mentoring
  techniques;
                     (C)  satisfactorily perform on an examination
  [developed in cooperation with the Telecommunications
  Infrastructure Fund Board and] administered at the conclusion of
  the course of instruction prescribed under Paragraph (B); and
                     (D)  satisfy any other requirements prescribed by
  the board.
         SECTION 3.  Section 32.005(c), Education Code, is amended to
  read as follows:
         (c)  The allotment under this section may be paid from:
               (1)  [the telecommunications infrastructure fund under
  Subchapter C, Chapter 57, Utilities Code;
               [(2)]  the available school fund; or
               (2) [(3)]  any other fund that may be used for that
  purpose and that is identified in the General Appropriations Act as
  the source of payment of the allotment.
         SECTION 4.  Section 487.054(a), Government Code, is amended
  to read as follows:
         (a)  At least once each year, the following agency heads or
  their designees shall meet in Austin to discuss rural issues and to
  provide information showing the impact each agency has on rural
  communities for use in developing rural policy and compiling the
  annual report under Section 487.051(4):
               (1)  the commissioner of agriculture;
               (2)  the executive director of the Public Utility
  Commission of Texas;
               (3)  the director of the Texas Agricultural Extension
  Service;
               (4)  [the presiding officer of the Telecommunications
  Infrastructure Fund Board;
               [(5)]  the executive director of the Texas Department
  of Housing and Community Affairs;
               (5) [(6)]  the commissioner of the Department of State
  Health Services;
               (6) [(7)]  the executive administrator of the Texas
  Water Development Board;
               (7) [(8)]  the executive director of the Parks and
  Wildlife Department;
               (8) [(9)]  the commissioner of higher education;
               (9) [(10)]  the comptroller;
               (10) [(11)]  the executive director of the Texas
  Department of Transportation;
               (11) [(12)]  the executive director of the Texas
  Commission on Environmental Quality;
               (12) [(13)]  the executive director of the Texas
  Economic Development and Tourism Office;
               (13) [(14)]  the commissioner of insurance;
               (14) [(15)]  the commissioner of the Department of
  Aging and Disability Services;
               (15) [(16)]  the commissioner of education;
               (16) [(17)]  the executive commissioner of the Health
  and Human Services Commission;
               (17) [(18)]  the executive director of the Texas
  Workforce Commission;
               (18) [(19)]  the executive director of the Texas
  Historical Commission;
               (19) [(20)]  a member of the Railroad Commission of
  Texas;
               (20) [(21)]  the executive director of the State Soil
  and Water Conservation Board;
               (21) [(22)]  the executive director of the office; and
               (22) [(23)]  the head of any other agency interested in
  rural issues.
         SECTION 5.  Section 487.651, Government Code, is amended to
  read as follows:
         Sec. 487.651.  DEFINITIONS. In this subchapter:
               (1)  ["Board" means the Telecommunications
  Infrastructure Fund Board.
               [(2)]  "Community telecommunications alliance" means
  an association of public and private entities created to share
  resources, promote innovative school health technology, promote
  economic development opportunities for the community, and improve
  the overall quality of life within a local community through
  telecommunications and information services provided by the
  private sector.
               (2) [(3)]  "Program" means the community
  telecommunications alliance program.
         SECTION 6.  Section 487.652, Government Code, is amended to
  read as follows:
         Sec. 487.652.  RULES GOVERNING PROGRAM [MEMORANDUM OF
  UNDERSTANDING]. (a)  The [office and the board by rule shall adopt
  a memorandum of understanding establishing the] community
  telecommunications alliance program[. The program] shall:
               (1)  assist local communities in the creation and
  development of community telecommunications alliances, including
  alliances established to pursue rural economic development or
  innovative rural school health technology projects, by providing
  advice and assistance in assessing local uses of and local demands
  or needs for local telecommunications and information services of
  private sector providers; and
               (2)  assist community telecommunications alliances in
  applying for grant funding for projects, including:
                     (A)  assisting alliances in securing matching
  private sector funding for projects; and
                     (B)  requiring alliances to develop sustainable
  plans:
                           (i)  that demonstrate how the alliance will
  continue to obtain private sector services once the grant funding
  terminates;
                           (ii)  that do not directly compete with
  local businesses, telecommunications providers, or information
  services providers; and
                           (iii)  that prohibit a network created with
  assistance from the alliance or other public funding from being
  sold to a direct competitor of a private sector provider.
         (b)  Each community telecommunications alliance established
  under this section shall have an advisory council with
  representation from each of the following:
               (1)  a local nonprofit organization;
               (2)  a local county-elected official;
               (3)  a local city-elected official;
               (4)  a local telecommunications provider;
               (5)  a local economic development group;
               (6)  the local financial community; and
               (7)  a local information services provider.
         (c)  This chapter may not be construed to:
               (1)  expand eligibility for private network services
  under Section 58.253(a) or 59.072(a), Utilities Code, to persons
  not eligible to purchase the services; or
               (2)  permit the direct or indirect sharing or resale of
  private network services with persons not eligible to purchase the
  services.
         (d)  A community telecommunications alliance created under
  this section shall offer the following local entities the
  opportunity to be included in the alliance:
               (1)  a library[, as defined by Section 57.042,
  Utilities Code];
               (2)  a public school[, as defined by Section 57.042,
  Utilities Code];
               (3)  a public not-for-profit health care facility[, as
  defined by Section 57.042, Utilities Code]; and
               (4)  a local institution of higher education[, as
  defined by Section 57.042, Utilities Code].
         SECTION 7.  Section 487.653, Government Code, is amended to
  read as follows:
         Sec. 487.653.  REPORT TO LEGISLATURE. Not later than
  January 1 of each odd-numbered year, the office [and the board
  jointly] shall submit to the legislature a report detailing the
  grant activities of the program and grant recipients. The report
  must include:
               (1)  the criteria used to quantify the effect grant
  funds had in advancing telecommunications connectivity and
  technology;
               (2)  data and performance measures used to quantify the
  achievement of program objectives; and
               (3)  a description of and results from a grant
  monitoring risk assessment and on-site review process.
         SECTION 8.  Section 531.02172(b), Government Code, is
  amended to read as follows:
         (b)  The advisory committee must include:
               (1)  representatives of health and human services
  agencies and other state agencies concerned with the use of
  telemedical consultations in the Medicaid program and the state
  child health plan program, including representatives of:
                     (A)  the commission;
                     (B)  the Texas Department of Health;
                     (C)  the Office of Rural Community Affairs;
                     (D)  [the Telecommunications Infrastructure Fund
  Board;
                     [(E)]  the Texas Department of Insurance;
                     (E) [(F)]  the Texas State Board of Medical
  Examiners;
                     (F) [(G)]  the Board of Nurse Examiners; and
                     (G) [(H)]  the Texas State Board of Pharmacy;
               (2)  representatives of health science centers in this
  state;
               (3)  experts on telemedicine, telemedical
  consultation, and telemedicine medical services or telehealth
  services; and
               (4)  representatives of consumers of health services
  provided through telemedical consultations and telemedicine
  medical services or telehealth services.
         SECTION 9.  Section 654.011(a), Government Code, is amended
  to read as follows:
         (a)  The position classification plan and the salary rates
  and provisions in the General Appropriations Act apply to all
  hourly, part-time, temporary, and regular, full-time salaried
  employments in the state departments, agencies, or judicial
  entities specified in the articles of the General Appropriations
  Act that appropriate money to:
               (1)  general government agencies;
               (2)  health and human services agencies;
               (3)  the judiciary, except for judges, district
  attorneys, and assistant district attorneys;
               (4)  public safety and criminal justice agencies;
               (5)  natural resources agencies;
               (6)  business and economic development agencies;
               (7)  regulatory agencies; and
               (8)  agencies of public education, but only the Texas
  Education Agency, the Texas School for the Blind and Visually
  Impaired, the State Board for Educator Certification, [the
  Telecommunications Infrastructure Fund,] and the Texas School for
  the Deaf.
         SECTION 10.  Section 2054.201(a), Government Code, is
  amended to read as follows:
         (a)  The telecommunications planning and oversight council
  is composed of:
               (1)  a representative of the comptroller's office,
  appointed by the comptroller;
               (2)  [the executive director of the Telecommunications
  Infrastructure Fund Board;
               [(3)]  a representative of the Texas Building and
  Procurement Commission, appointed by the executive director of the
  commission;
               (3) [(4)]  a member representing the interests of state
  agencies with 1,000 employees or more, appointed by the lieutenant
  governor;
               (4) [(5)]  a member representing the interests of state
  agencies with fewer than 1,000 employees, appointed by the speaker
  of the house of representatives;
               (5) [(6)]  a member representing the interests of
  institutions of higher education, appointed by the commissioner of
  higher education;
               (6) [(7)]  a member representing the interests of The
  University of Texas System, appointed by the chancellor;
               (7) [(8)]  a member representing the interests of The
  Texas A&M University System, appointed by the chancellor;
               (8) [(9)]  a member representing the interests of
  public school districts that are customers of the consolidated
  telecommunications system, appointed by the governor;
               (9) [(10)]  a member representing the interests of
  local governments that are customers of the consolidated
  telecommunications system, appointed by the governor;
               (10) [(11)]  two public members with
  telecommunications expertise, appointed by the governor; and
               (11) [(12)]  a representative of the Health and Human
  Services Commission, appointed by the commissioner of health and
  human services.
         SECTION 11.  Section 58.252(2), Utilities Code, is amended
  to read as follows:
               (2)  "Library" means:
                     (A)  a public library or regional library system
  as those terms are defined by Section 441.122, Government Code;
                     (B)  a library operated by an institution of
  higher education or a school district; or
                     (C)  a library operated by a nonprofit corporation
  as defined by Section 441.221(3), Government Code [has the meaning
  assigned by Section 57.042].
         SECTION 12.  Section 58.253(a), Utilities Code, as amended
  by Section 9, Chapter 959, Section 4, Chapter 1220, and Section 7,
  Chapter 1350, Acts of the 77th Legislature, Regular Session, 2001,
  is reenacted and amended to read as follows:
         (a)  On customer request, an electing company shall provide
  private network services to:
               (1)  an educational institution;
               (2)  a library as defined in Section 57.021 
  [57.042(6)(A) and (B)];
               (3)  a nonprofit telemedicine center;
               (4)  a public or not-for-profit hospital; or
               (5)  [a project funded by the telecommunications
  infrastructure fund under Subchapter C, Chapter 57, except for a
  telepharmacy system; or
               [(6)]  a legally constituted consortium or group of
  entities listed in this subsection.
         SECTION 13.  Section 59.071(2), Utilities Code, is amended
  to read as follows:
               (2)  "Library" means:
                     (A)  a public library or regional library system
  as those terms are defined by Section 441.122, Government Code;
                     (B)  a library operated by an institution of
  higher education or a school district; or
                     (C)  a library operated by a nonprofit corporation
  as defined by Section 441.221(3), Government Code [has the meaning
  assigned by Section 57.042].
         SECTION 14.  (a)  The assessment imposed under Section
  57.048, Utilities Code, for the calendar quarter ending in
  September 2008 is due on the last day of October 2008.  The
  assessment imposed under that section may not be imposed after the
  end of the calendar quarter ending in September 2008.
         (b)  Section 57.048, Utilities Code, is continued in effect
  for the collection of the assessment due and for civil and criminal
  enforcement of the liability for that assessment.
         (c)  A telecommunications utility or commercial mobile
  service provider subject to Section 57.048, Utilities Code, may
  recover from the utility's customers through a monthly billing
  process the amount of the assessment imposed under that section as
  provided by Subsection (f) of that section, and the former law is
  continued in effect for that purpose.
         SECTION 15.  This Act takes effect September 1, 2008.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 735 was passed by the House on March
  20, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 735 on May 25, 2007, by the following vote:  Yeas 138, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 735 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor