TX Govt Code § 490I.0106 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle F - Commerce and Industrial Development|Chapter 490I - Broadband Development Office|Section 490I.0106. Broadband Development Program

Sec. 490I.0106.  BROADBAND DEVELOPMENT PROGRAM.  (a)  The broadband development office shall establish a program to award grants, low-interest loans, and other financial incentives to applicants for the purpose of expanding access to and adoption of broadband service in designated areas determined to be eligible areas by the office under Section 490I.0105.(b)  The office shall establish and publish criteria for making awards under Subsection (a).  The office shall:(1)  take into consideration grants and other financial incentives awarded by the federal government for the deployment of broadband service in a designated area;(2)  prioritize the applications of applicants that will expand access to and adoption of broadband service in eligible areas in which the lowest percentage of addresses have access to broadband service; and(3)  prioritize the applications of applicants that will expand access to broadband service in public and private primary and secondary schools and institutions of higher education.(c)  Notwithstanding Subsection (b)(2), the office may establish criteria that take into account a cost benefit analysis for awarding money to the eligible areas described by that subdivision.(d)  The office may not:(1)  favor a particular broadband technology in awarding grants, loans, or other financial incentives;(2)  award grants, loans, or other financial incentives to a broadband provider that does not report information requested by the office under Section 490I.0105;(3)  award a grant, loan, or other financial incentive to a noncommercial provider of broadband service for an eligible area if a commercial provider of broadband service has submitted an application for the eligible area; or(4)  take into consideration distributions from the state universal service fund established under Section 56.021, Utilities Code, when deciding to award grants, loans, or other financial incentives.(e)  The office shall:(1)  post on the comptroller's Internet website information about the application process and the receipt of awards and shall update that information as necessary; and(2)  post on the comptroller's Internet website information from each application, including the applicant's name, the area targeted for expanded broadband service access or adoption by the application, and any other information the office considers relevant or necessary, for a period of at least 30 days before the office makes a decision on the application.(f)  During the 30-day posting period described by Subsection (e) for an application, the office shall accept from  any interested party a written protest of the application relating to whether the applicant or project is eligible for an award or should not receive an award based on the criteria prescribed by the office.(g)  Notwithstanding any deadline for submitting an application, if the office upholds a protest submitted under Subsection (f) on the grounds that one or more of the addresses in an eligible area subject to the application have access to broadband service, the applicant may resubmit the application without the challenged addresses not later than 30 days after the date that the office upheld the protest.(h)  The office shall establish and publish criteria for award recipients.  The criteria must include requirements that grants, loans, and other financial incentives awarded through the program be used only for capital expenses, purchase or lease of property, and other expenses, including backhaul and transport, that will facilitate the provision or adoption of broadband service.(i)  An award granted under this section does not affect the eligibility of a telecommunications provider to receive support from the state universal service fund under Section 56.021, Utilities Code.|Added by Acts 2021, 87th Leg., R.S., Ch. 625 (H.B. 5), Sec. 5, eff. June 15, 2021.|