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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic technology infrastructure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2054, Government Code, is amended by |
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adding Subchapter N to read as follows: |
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SUBCHAPTER N. ELECTRONIC TECHNOLOGY INFRASTRUCTURE |
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Sec. 2054.501. DEFINITION. In this subchapter, "technology |
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infrastructure" means information resources technologies designed |
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for or used for the transmission, emission, or reception of signs, |
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signals, writings, images, or sounds of intelligence by wire, |
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radio, microwave, or other optical or electromagnetic systems and |
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any related hardware, software, or programming. The term includes |
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features, facilities, equipment, systems, functions, programming, |
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capabilities, and technical support related to or used in |
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providing: |
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(1) advanced services as defined by 47 C.F.R. Section |
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51.5; |
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(2) broadband Internet service; |
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(3) cable service as defined by 47 U.S.C. Section |
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522(6); |
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(4) information service as defined by 47 U.S.C. |
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Section 153(20); |
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(5) Internet protocol enabled services; and |
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(6) telecommunications service as defined by 47 U.S.C. |
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Section 153(46). |
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Sec. 2054.502. INNOVATION CENTER. The innovation center is |
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an office within the department and is primarily responsible for |
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encouraging the development and implementation of technology |
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infrastructure for public and private uses throughout the state. |
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Sec. 2054.503. GRANT PROGRAM. (a) The innovation center |
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shall create a grant program to award grants to a municipality, a |
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county, or an agency or instrumentality of a municipality or county |
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to improve technology infrastructure. |
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(b) The criteria for the awarding of a grant must include a |
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requirement that a grant recipient match the amount of the grant on |
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a dollar-for-dollar basis. A grant recipient may secure matching |
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contributions from any source, including private donations. |
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(c) In awarding a grant under the program, the innovation |
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center shall give preference to proposals for a municipality, a |
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county, or an agency or instrumentality of a municipality or county |
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to offer wireless Internet service. |
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Sec. 2054.504. TECHNICAL ASSISTANCE. (a) The innovation |
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center may provide to a state agency or local government technical |
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assistance, including consulting services, regarding the |
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development and improvement of technology infrastructure. |
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(b) The innovation center may charge a fee for consulting |
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services provided under this section. |
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Sec. 2054.505. GIFTS, GRANTS, AND ENDOWMENT. The |
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innovation center may solicit and accept an endowment of money to be |
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administered by the department outside the treasury or a gift, |
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grant, or donation: |
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(1) for the purposes of this subchapter; and |
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(2) under the directions, limitations, or other |
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provisions prescribed in writing by the donor that are not |
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inconsistent with state law and the purposes of this subchapter. |
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Sec. 2054.506. RULEMAKING AUTHORITY. The department shall |
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adopt rules to implement this subchapter. |
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SECTION 2. Subchapter Z, Chapter 271, Local Government |
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Code, is amended by adding Section 271.908 to read as follows: |
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Sec. 271.908. AUTHORITY AND COOPERATION REGARDING |
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TECHNOLOGY INFRASTRUCTURE. (a) In this section: |
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(1) "Information resources technologies" and "state |
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agency" have the meanings assigned by Section 2054.003, Government |
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Code. |
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(2) "Local government" means a county or municipality |
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or an agency or instrumentality of a county or municipality. |
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(3) "Technology infrastructure" has the meaning |
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assigned by Section 2054.501, Government Code. |
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(b) Except as provided by Section 54.202, Utilities Code, a |
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local government may: |
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(1) construct, own, and operate technology |
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infrastructure; |
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(2) enter into a contract or joint venture with a |
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business entity to construct, own, use, deliver, grant, operate, |
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maintain, sell, purchase, lease, or equip technology |
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infrastructure; or |
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(3) subject to Subsection (c), sell capacity in, or |
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grant other similar rights for a private entity to use, technology |
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infrastructure owned or operated by the local government. |
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(c) The authority granted to a local government under |
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Subsection (b)(3) may be exercised only by a written contract or |
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lease. |
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(d) A state agency shall cooperate with a local government |
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regarding a proposal for the local government to offer wireless |
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Internet service. |
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(e) A local government may issue revenue bonds to pay all or |
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part of the costs of technology infrastructure improvements. |
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SECTION 3. (a) In this section: |
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(1) "Information resources technologies" has the |
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meaning assigned by Section 2054.003, Government Code. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(3) "Local government" means a county or municipality |
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or an agency or instrumentality of a county or municipality. |
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(4) "Technology infrastructure" has the meaning |
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assigned by Section 2054.501, Government Code, as added by this |
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Act. |
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(b) The Department of Information Resources shall conduct a |
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study regarding the availability and level of technology |
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infrastructure in this state and compare the best practices of |
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developing and using existing technology infrastructure in this |
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state and other states in the United States. |
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(c) In conducting the study required by this section, the |
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department shall consider the resources and technical support |
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available through public and private entities and agencies, |
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including: |
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(1) institutions of higher education; |
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(2) commissions as defined by Section 391.002, Local |
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Government Code; |
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(3) high technology associations; and |
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(4) organizations that represent the interests of |
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businesses in this state. |
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(d) Not later than September 1, 2010, the department shall |
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prepare and make available to the public a report regarding the |
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findings of the study. The report must: |
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(1) address the current availability and need for |
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technology infrastructure in this state; |
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(2) develop and recommend options and strategies to |
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upgrade technology infrastructure throughout the state; |
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(3) include strategies that the department will employ |
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to encourage and foster the development of technology cooperation |
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and partnerships among the state, local governments, private |
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businesses, and institutions of higher education; |
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(4) address the projected level of technology |
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infrastructure in this state if the state does not support, through |
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funding, encouragement, or otherwise: |
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(A) the development of new or emerging technology |
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infrastructure; |
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(B) increased access to existing technology |
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infrastructure; and |
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(C) enhancements to existing technology |
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infrastructure; and |
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(5) make recommendations regarding the actions the |
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state must take to encourage public and private entities, |
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especially local governments, to improve access to and enhance |
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technology infrastructure. |
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(e) This section expires January 1, 2011. |
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SECTION 4. Not later than November 1, 2009, the Department |
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of Information Resources shall adopt rules to implement Subchapter |
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N, Chapter 2054, Government Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |