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�������SECTION�1.��(a) �The following are repealed on the effective |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Utilities Code, is repealed.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