reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter B - STATE AGENCY PRACTICE AND PROCEDURES › Section 15.22 - State Agency Applicability Determination and Notification Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) By October 15 of each year, each state
				  agency shall determine which persons are required to make EFT payments to the
				  state agency.
(b) By November 1 of
				  each year, each state agency shall notify and send the following information to
				  all persons who are required to make EFT payments, except as provided by
				  subsection (c) of this section:
(1)
				  guidelines on payment transfers;
(2) guidelines on enrollment in
				  TexNet;
(3) the contact information
				  for the personnel at the state agency with whom a person may communicate in the
				  event of questions or problems; and
(4) such other information the state agency
				  or the comptroller deems necessary.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter C - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.31 - TexNet Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) The person must
				  complete TexNet enrollment according to the guidelines provided (see §
										15.22(b)
				  of this title (relating to State Agency Applicability Determination and
				  Notification Procedures)). Upon completion of the TexNet enrollment, and based
				  upon the person's chosen TexNet payment option, the person will be provided
				  with:
(1) the access code and instructions
				  for entering payment information into the TexNet data collection system by the
				  chosen method of entry described in §
											15.32(b)
				  of this title (relating to Transmission of TexNet Payment Information) if the
				  person has chosen ACH debit/direct entry;
(2) the instructions for entering payment
				  information in the manner established by the person's state agency and approved
				  by the comptroller if the person has chosen ACH debit/indirect entry;
				  or
(3) the routing and account
				  number to which the person shall transfer payment and the approved State of
				  Texas addenda record format if the person has chosen ACH credit with addenda
				  record(s).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter C - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.32 - Transmission of TexNet Payment Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A person must transmit accurate payment information to ensure proper credit of
				  the payment to the state agency receiving payment.
(b) A person's chosen TexNet payment option
				  for EFT (see §
										15.2(b)
				  of this title (relating to Approved Means of Electronic Funds Transfer)) will
				  determine the method of transmitting payment information.
(1) Persons choosing ACH debit/direct entry
				  as the TexNet payment option for EFT shall:
(A) enter payment information directly into
				  the TexNet data collection system using either the Internet or a touch-tone
				  telephone in accordance with the instructions established by the state agency
				  and approved by the comptroller ;
(B) record the trace number provided by the
				  TexNet data collection system once all payment information has been entered by
				  the person;
(C) enter any change,
				  correction, or cancellation in the payment information to the TexNet data
				  collection system in accordance with the instructions established by the state
				  agency and approved by the comptroller ; and
(D) contact the comptroller at the telephone
				  number listed in §
												15.35
				  of this title (relating to Notification to the Comptroller) if the person
				  experiences difficulty entering information into the TexNet data collection
				  system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter C - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.33 - Determination of Settlement Date

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons
				  choosing ACH debit/direct entry as the TexNet payment option for EFT may either
				  accept the settlement date offered by the TexNet data collection system or
				  enter a settlement date up to 30 days in the future.
(1) If the person accepts the settlement date
				  offered by the TexNet data collection system, it will debit the person's bank
				  account on that date .
(2) If the
				  person chooses to enter a settlement date up to 30 days in the future, the
				  person's bank account will be debited on the designated settlement
				  date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter C - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.34 - Transfer of Funds to the Comptroller

Current through Reg. 49, No. 28; July 12, 2024
Transfer of funds to the comptroller shall occur as
					 follows:
(1) For persons choosing ACH
				  debit/direct entry as the TexNet payment option for EFT, the payment amount
				  entered into the TexNet data collection system by the person will be
				  automatically withdrawn from the person's bank account on the designated
				  settlement date as set out in §
										15.33
				  of this title (relating to Determination of Settlement Date), and no further
				  action is required.
(2) For persons
				  choosing ACH debit/indirect entry as the TexNet payment option for EFT, the
				  payment amount entered into the TexNet payment processing system by the state
				  agency to which payment is due will be automatically withdrawn from the
				  person's bank account on the settlement date and no further action is
				  required.
(3) Persons choosing ACH
				  credit with addenda record(s) as the TexNet payment option for EFT must send
				  the ACH credit to the comptroller for settlement on or before the due date. The
				  addenda record(s) must be transmitted in the approved State of Texas addenda
				  record format(s).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter C - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.35 - Notification to the Comptroller

Current through Reg. 49, No. 28; July 12, 2024
Any notification to the comptroller regarding EFT payments
					 by mail, telephone, or fax must be directed to: Comptroller of Public Accounts,
					 Treasury Operations, P.O. Box 12608, Austin, Texas 78711, phone number (800)
					 531-5441, extension 3-3010 and fax (512) 463-1364.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter D - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.41 - Missed Payment Deadline Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A person must use the procedures set out in subsections (b) and (c) of this
				  section to ensure timely credit of a payment if a person is making an EFT
				  payment using:
(1) ACH debit/direct entry and
				  is unable to enter payment information into the TexNet data collection system
				  in accordance with the instructions established by the state agency and
				  approved by the comptroller ;
(2)
				  ACH debit/indirect entry and is unable to enter payment information by the
				  deadline specified to transfer the payment information to the TexNet payment
				  processing system; or
(3) ACH
				  credit with addenda record(s) and is unable to affect such transfer for credit
				  to the comptroller on the due date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter D - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.42 - Late Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) To ensure
				  credit of the payment to the proper state agency and to the correct category of
				  payment, a person must provide correct and timely payment information as
				  described in §
										15.32
				  of this title (relating to Transmission of TexNet Payment
				  Information).
(b) The state agency
				  to which the payment is due shall make any late payment determination if:
(1) the payment is not credited to the proper
				  state agency or to the correct category of payment due to insufficient or
				  incomplete payment information; or
(2) as a result of circumstances within the
				  control of the person or the person's bank, the transfer of payment to the
				  appropriate comptroller account fails and the payment is received after the due
				  date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter D - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.43 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency may assess a penalty of
				  5.0% of the payment amount due if:
(1) a
				  person subject to Government Code, §404.095 and §
											15.1(a)
				  of this title (relating to Applicability and Additional Information) fails to
				  transfer payment by EFT;
(2) a
				  person fails to comply with this chapter; or
(3) a person fails to comply with those rules
				  adopted by a state agency under Government Code, §
											404.095(c).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter D - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.44 - Proof of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person
				  follows the procedures set out to electronically transfer payment to a state
				  agency, but the payment is not received by the comptroller, a person must
				  produce proof of an attempt to timely transfer payment within 30 days following
				  the attempted payment.
(b) A person
				  may rely upon the following information as proof of an attempt to timely
				  transfer payment:
(1) the trace number
				  provided by the TexNet data collection system if ACH debit/direct entry is the
				  chosen TexNet payment option for EFT;
(2) the trace number provided by the person's
				  state agency if ACH debit/indirect entry is the chosen TexNet payment option
				  for EFT;
(3) the trace number
				  assigned by the person's bank if ACH credit with addenda record(s) is the
				  chosen TexNet payment option for EFT; or
(4) the Federal Reserve Bank reference number
				  if wire transfer is used as permitted under §
											15.41
				  of this title (relating to Missed Payment Deadline Procedures).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter D - TEXNET: SPECIAL PAYMENT PROCEDURES › Section 15.45 - Refunds

Current through Reg. 49, No. 28; July 12, 2024
If a state agency determines that a person has mistakenly
					 made a payment or overpayment by EFT, the state agency shall return the payment
					 or the amount of the overpayment to the person in the manner established by the
					 state agency.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Applicant--A
				  person that has submitted an application for a reimbursement award under this
				  subchapter.
(2) CCPF--The
				  Coronavirus Capital Projects Fund (42 U.S.C. § 804) , established by
				  §604 of the Social Security Act, as added by §9901 of the American
				  Rescue Plan Act of 2021,
				  Pub. L. No.
				  117-2.
(3) Eligible broadband facility--Has the
				  meaning assigned by Government Code, § 403.503(a)(1).
(4) Eligible pole replacement cost--Has the
				  meaning assigned by Government Code, § 403.503(a)(2).
(5) Grantee--An applicant that receives a
				  reimbursement award under this subchapter.
(6) Grant funds--Monies in the pole
				  replacement fund.
(7) NOFA--Notice
				  of Funding Availability.
(8)
				  Office--The Broadband Development Office established within the comptroller's
				  office under Government Code, Chapter 490I.
(9) Pole--Has the meaning assigned by
				  Government Code, § 403.503(a)(5).
(10) Pole owner--Has the meaning assigned by
				  Government Code, § 403.503(a)(6).
(11) Pole replacement fund--Has the meaning
				  assigned by Government Code, § 403.501(1).
(12) Pole replacement program--Has the
				  meaning assigned by Government Code, § 403.501(2).
(13) Qualifying broadband service--Has the
				  meaning assigned by Government Code, § 403.503(a)(3).
(14) Unserved area--Has the meaning assigned
				  by Government Code, § 403.503(a)(4).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.2 - Grant Funds Distribution Method

Current through Reg. 49, No. 28; July 12, 2024
To ensure that grant funds are used to maximize the
					 deployment of broadband services to the greatest number of unserved areas, the
					 office may:
(1) distribute the funds by
				  geographic location; and
(2) issue
				  a NOFA for less than the amount available in the pole replacement
				  fund.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.3 - Notice and Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The office
				  shall, as necessary, publish a NOFA in the
Texas Register
or
				  the
Electronic Business Daily,
and on the comptroller's
				  website.
(b) The notice may
				  include:
(1) the total amount of grant funds
				  available for reimbursement awards;
(2) the minimum and maximum amount of grant
				  funds available for each application;
(3) limitations on the geographic
				  distribution of grant funds;
(4)
				  eligibility requirements;
(5)
				  application requirements;
(6)
				  reimbursement award and evaluation criteria;
(7) the date by which applications must be
				  submitted to the office;
(8) the
				  anticipated date of reimbursement awards; and
(9) any other information necessary for
				  awarding the reimbursement as determined by the office.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.4 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
An applicant is eligible to apply to the office for a
					 reimbursement award under this subchapter if the applicant:
(1) is a pole owner or a provider of
				  qualifying broadband service; and
(2) pays or incurs eligible pole replacement
				  costs of removing and replacing an existing pole in an unserved area for the
				  purpose of accommodating the attachment of an eligible broadband
				  facility.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.5 - Authorized Officials

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  applicant/grantee must designate an authorized official to act on its behalf
				  and the applicant/grantee must provide the office with:
(1) the authorized official's name, title,
				  mailing address, telephone number, and email address; and
(2) the applicant's/grantee's physical
				  address.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.6 - Federal Funding

Current through Reg. 49, No. 28; July 12, 2024
If CCPF or any other federal funding is used to make a
					 reimbursement award, the office may establish eligibility and program
					 requirements and preferences, and make award decisions, based upon any criteria
					 required by federal law, regulation, or guidance applicable to the type of
					 funding used to make the reimbursement award.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.7 - Preferences

Current through Reg. 49, No. 28; July 12, 2024
The office may give preference to applications and make
					 awards decisions based upon the following factors:
(1) cost effectiveness and overall
				  impact;
(2) geographic
				  location;
(3) the latest state or
				  federal broadband data;
(4) the
				  number of households or businesses that will be served due to the reimbursement
				  being requested;
(5) involvement of
				  broadband networks owned, operated by, or affiliated with local governments,
				  non-profits, or cooperatives;
(6)
				  completion of the pole replacement and payment of all costs of the pole
				  replacement;
(7) investments in
				  fiber-optic infrastructure;
(8)
				  affordability of broadband services in a target area;
(9) participation in federal programs that
				  provide low-income consumers with subsidies for broadband internet access
				  services;
(10) documentation of
				  existing broadband internet service performance;
(11) download speeds and upload speeds,
				  including user speed tests resulting from completion of the pole
				  replacement;
(12) community
				  involvement in the pole replacement planning process, including feedback from
				  community members, community organizations, and business owners;
(13) business practices and workforce
				  information, including the following:
(A) the
				  applicant's workforce meets high safety and training standards;
(B) the applicant prioritizes the hiring of
				  local workers or workers from historically disadvantaged communities;
(C) the applicant ensures that its
				  contractors and subcontractors meet high labor standards; and
(D) the applicant has no recent violations of
				  federal and state labor and employment laws; and
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.8 - Reimbursement Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) The office must
				  provide a notice of a reimbursement award or a notice of denial to an
				  applicant, in writing, not later than 60 calendar days after the date that the
				  office receives a completed application from the applicant. An application will
				  not be considered complete for purposes of this section unless an applicant has
				  provided all the information necessary for the office to review the
				  application, including any additional information requested by the office to
				  complete the review.
(b) All grant
				  funding decisions made by the office are final and are not subject to
				  appeal.
(c) The approval of a
				  reimbursement award shall not obligate the office to make any additional,
				  supplemental, or other reimbursement award.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.9 - Payment

Current through Reg. 49, No. 28; July 12, 2024
A reimbursement award must be paid to a grantee not later
					 than 30 calendar days after the date the office issues a notice of a
					 reimbursement award under § 16.8(a) of this subchapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.10 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The administration and use of a
				  reimbursement award are subject to:
(1) the
				  terms and conditions of the reimbursement award;
(2) the requirements of Government Code,
				  Chapter 403, Subchapter R; and
(3)
				  any other state or federal law, rule, regulation, or guidance applicable to the
				  type of funding used to make the reimbursement award.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.11 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A grantee shall submit reports and
				  documentation as may be required by the office to substantiate that grant funds
				  awarded were used for the intended purpose of the reimbursement award and that
				  the grantee has complied with the terms, conditions, and requirements set forth
				  in § 16.10 of this subchapter.
(b) A grantee must submit reports and
				  documentation to the office in the office-prescribed format no later than the
				  office-designated deadlines for their submission.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.12 - Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If the office has reason to believe that
				  a grantee has violated any term or condition of a reimbursement award or any
				  applicable laws, rules, regulations, or guidance relating to the reimbursement
				  award, the office shall provide written notice of the allegations to the
				  grantee and provide the grantee with an opportunity to respond to the
				  allegations.
(b) If the office
				  finds on substantial evidence that a grantee has materially violated the
				  requirements of Government Code, § 403.503, with respect to reimbursements
				  or portions of reimbursements, the office may direct the grantee to refund the
				  reimbursement or a portion of the reimbursement with interest at the applicable
				  federal funds rate as specified by Business and Commerce Code,
				  §4A.506(b).
(c) If the office
				  finds that a grantee has failed to comply with any term or condition of a
				  reimbursement award, or any applicable laws, rules, regulations, or guidance
				  relating to the reimbursement award, other than the requirements described in
				  subsection (b) of this section, the office may:
(1) direct the grantee to refund the
				  reimbursement award or a portion of the reimbursement award;
(2) withhold reimbursement award amounts to a
				  grantee under this subchapter pending correction of the deficiency;
(3) disallow all or part of the cost of the
				  activity or action that is not in compliance;
(4) terminate the reimbursement award in
				  whole or in part;
(5) prohibit the
				  grantee from being eligible for future reimbursement awards under the pole
				  replacement program; or
(6)
				  exercise any other legal remedies available at law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.13 - Grant Reduction or Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a grantee seeks to terminate any approved reimbursement award, it must notify
				  the office immediately.
(b) The
				  office may reduce or terminate any reimbursement award when circumstances
				  require reduction or termination, including when:
(1) a grantee is found to be noncompliant
				  under § 16.12(c) of this subchapter;
(2) the grantee and the office agree to the
				  reduction or termination of a reimbursement award;
(3) grant funds are no longer available to
				  the office; or
(4) conditions exist
				  that make it unlikely that objectives of the reimbursement award will be
				  accomplished.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.14 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) A grantee must
				  maintain all financial records, supporting documents, and all other records
				  pertinent to the reimbursement award for at least four years following the
				  submission of a final report.
(b)
				  If any litigation, claim, or audit is started, or any open records request is
				  received, before the expiration of the four-year records retention period, a
				  grantee must retain the records related to the litigation, claim, audit, or
				  open records request until the completion of the litigation, claim, audit, or
				  open records request and resolution of all issues which arise from it or until
				  the end of the regular four-year records retention period, whichever is
				  later.
(c) A grantee may retain
				  records in an electronic format.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.15 - Request for Records and Audit

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  grantee shall, upon written request from the office or its designee, provide
				  any records, documentation, or other information required by the office to
				  verify that the grantee has complied with the terms, conditions, and
				  requirements set forth in § 16.10 of this subchapter. The office or its
				  designee may make such a written request at any time before the end of the
				  four-year records retention period set forth in § 16.14 of this
				  subchapter. If the office or its designee requests records, documentation, or
				  other information from the grantee in writing, the grantee must submit the
				  requested information within 30 calendar days.
(b) The office or its designee may, before
				  the end of the four-year records retention period set forth in § 16.14 of
				  this subchapter, audit a grantee to ensure that grant funds are used for the
				  intended purpose of the reimbursement award and that the grantee has complied
				  with the terms, conditions, and requirements set forth in § 16.10 of this
				  subchapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.16 - Conflict with Laws, Rules, Regulations, or Guidance

Current through Reg. 49, No. 28; July 12, 2024
If a state or federal law, rule, regulation, or guidance
					 applicable to the type of funding used to make the reimbursement award
					 conflicts with this subchapter, the state or federal law, rule, regulation, or
					 guidance applicable to the type of funding used to make the reimbursement award
					 prevails over this subchapter to the extent necessary to avoid the
					 conflict.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter A - BROADBAND POLE REPLACEMENT PROGRAM › Section 16.17 - References

Current through Reg. 49, No. 28; July 12, 2024
All references in this subchapter to statutory provisions
					 in Government Code, Chapter 403, Subchapter R, refer to the provisions added by
					 87th Legislature, 2021, R.S., Chapter 659 (House Bill 1505),
					 §1.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 1 - BROADBAND DEVELOPMENT MAP › Section 16.21 - Broadband Development Map

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 comptroller shall create, update annually, and publish on the comptroller's
					 website a broadband development map depicting the availability of broadband
					 service for each broadband serviceable location in this state. The office shall
					 use the best available information, including information available from the
					 Federal Communications Commission, political subdivisions, and broadband
					 service providers, to create or update the map.
(b) Except as provided by subsection (c) of
					 this section, for the purpose of developing the broadband development map, the
					 scope of a designated area in this state shall consist of a county.
(c) If the comptroller determines that
					 developing the broadband development map at the county level is not technically
					 feasible or practical, the comptroller may develop the map using a smaller
					 geographic unit for which information is available from the Federal
					 Communications Commission.
(d) The
					 comptroller shall, at a minimum, display for each designated area on the
					 broadband development map:
(1) each unserved,
					 underserved, and served broadband serviceable location;
(2) an indication of whether each broadband
					 serviceable location is ineligible to receive funding on account of an existing
					 federal commitment to deploy qualifying broadband service;
(3) the number of broadband service providers
					 that serve the designated area;
(4)
					 an indication of whether the designated area has access to internet service
					 that is not broadband service, regardless of the technology used to provide the
					 service;
(5) each public school
					 campus with an indication of whether the public school campus has access to
					 broadband service; and
(6) the
					 number and percentage of unserved, underserved, and served broadband
					 serviceable locations within the designated area.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 1 - BROADBAND DEVELOPMENT MAP › Section 16.22 - Map Challenges; Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
					 subsection (c) of this section, a broadband service provider or a political
					 subdivision of this state may challenge the designation of a broadband
					 serviceable location located in this state and petition the office to
					 reclassify the location on the broadband development map.
(b) A challenge submitted under this section
					 must be submitted on forms and contain the information prescribed by the
					 office. The office shall publish on its website the requirements and criteria
					 for submitting a challenge under this section.
(c) A challenge seeking reclassification of a
					 broadband serviceable location may only be made on the following basis:
(1) that reliable broadband service at the
					 location is or is not available within 10 business days of a request for
					 service;
(2) that the actual speed
					 of the fastest available service tier at the location does or does not meet the
					 broadband service speed thresholds as established by Government Code, §
												490I.0105(a);
(3) that the actual round-trip latency of
					 broadband service at the location exceeds 100 milliseconds;
(4) that the availability of reliable
					 broadband service at the location is subject to a data cap that results in
					 actual speeds of the fastest available service tier falling below the broadband
					 service speed thresholds as established by Government Code, §
												490I.0105(a);
					 or
(5) that the location is or is
					 not subject to an existing federal commitment to deploy qualifying broadband
					 service to the location.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 1 - BROADBAND DEVELOPMENT MAP › Section 16.23 - Challenge Process; Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) A challenge
					 under this subchapter must be submitted to the office not later than the 60th
					 day after the broadband development map is published or updated on the
					 comptroller's website. If the comptroller adopts a map produced by the Federal
					 Communications Commission as provided under Government Code, §
											490I.0105(q),
					 a challenge under this subchapter must be submitted not later than the 30th day
					 after the entity seeking to challenge a location submitted a successful
					 challenge to the Federal Communications Commission.
(b) The office may reject a challenge without
					 further action if the challenge is not submitted on forms prescribed by the
					 office or does not otherwise comply with this division or any criteria
					 established by the office as provided by this subchapter.
(c) The office shall provide notice of an
					 accepted challenge to each affected political subdivision and broadband service
					 provider by posting notice of the challenge on the comptroller's website. For
					 the purposes of this section, an affected political subdivision or broadband
					 service provider shall be deemed to have received notice on the date the notice
					 is posted on the comptroller's website.
(d) Not later than the 45th day after the
					 date that the office posts the notice required under subsection (c) of this
					 section, an impacted political subdivision or a broadband service provider may
					 provide information to the office showing whether the broadband serviceable
					 locations that have been challenged should or should not be
					 reclassified.
(e) Not later than
					 the 75th day after the date that the office posts the notice required under
					 subsection (c) of this section, the office shall determine whether to
					 reclassify the challenged broadband serviceable locations and shall update the
					 map as necessary.
(f) In addition
					 to the notice required under subsection (c) of this section, the office shall
					 send written notice of the challenges that have been received under this
					 subchapter to each political subdivision and broadband service provider that
					 subscribes to an email distribution list managed by the office for the purpose
					 of receiving notices from the office. Notwithstanding this subsection, the date
					 the notice is received shall be deemed to be the date a notice issued under
					 subsection (c) of this section is posted on the comptroller's
					 website.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 1 - BROADBAND DEVELOPMENT MAP › Section 16.24 - Challenge Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) The office
					 shall consider the following in making a determination of whether to reclassify
					 a broadband serviceable location:
(1) the
					 availability of reliable broadband service;
(2) an evaluation of actual Internet speed
					 test and reliability data;
(3) the
					 existence or non-existence of an existing federal commitment to deploy
					 qualifying broadband service to a location; and
(4) any other information the office
					 determines may be useful in determining whether a location should be
					 reclassified.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.30 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
As used in this subchapter and in these rules, the
						following words and terms shall have the following meanings, unless the context
						clearly indicates otherwise:
(1)
					 Applicant--A person that has submitted an application for an award under this
					 subchapter.
(2) Application protest
					 period--A period of at least thirty days beginning on the first day after an
					 application is posted under §
											16.36(d) of this
					 subchapter.
(3) Broadband
					 development map--The map adopted or created under Government Code, §
											490I.0105.
(4) Broadband service--Internet service that
					 delivers transmission speeds capable of providing:
(A) a download speed of not less than 25
					 Mbps; or
(B) an upload speed of not
					 less than three Mbps; and
(C)
					 network round-trip latency of less than or equal to 100 milliseconds based on
					 the 95th percentile of speed measurements.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.31 - Notice of Funds Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) The office
					 shall use one or more methods as necessary to provide notice of the
					 availability of funds for competitive grant awards, including publication in
					 the
Texas Register
or Electronic State Business Daily website.
					 The comptroller may make available a copy of the notice of funds availability
					 on the comptroller's website. For the purposes of these rules, the date the
					 notice of funds availability is issued is the earlier of the first day the
					 notice is published in the
Texas Register
or on the Electronic
					 State Business Daily website.
(b)
					 The notice of funds availability published under subsection (a) of this section
					 shall include:
(1) the total amount of grant
					 funds available for award;
(2) the
					 minimum and maximum amount of grant funds available for each
					 application;
(3) eligibility
					 requirements;
(4) application
					 requirements;
(5) award and
					 evaluation criteria; and
(6) the
					 date by which applications must be submitted to the office;
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.32 - Federal Funding; Conflict with Laws, Rules, Regulations, or Guidance

Current through Reg. 49, No. 28; July 12, 2024
(a) If federal
					 funding is used to make an award, the office may establish eligibility and
					 program requirements and preferences, and make award decisions, based upon any
					 criteria required by federal law, regulation, or guidance applicable to the
					 type of funding used to make the award.
(b) If a state or federal law, rule,
					 regulation, or guidance applicable to the type of funding used to make the
					 reimbursement award conflicts with this subchapter, the state or federal law,
					 rule, regulation, or guidance applicable to the type of funding used to make
					 the reimbursement award prevails over this subchapter to the extent necessary
					 to avoid the conflict.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.35 - Program Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
					 participants of the program include:
(1)
					 political subdivisions of this state;
(2) commercial broadband service
					 providers;
(3) non-commercial
					 broadband service providers; and
(4) partnerships between political
					 subdivisions of this state, commercial broadband service providers,
					 noncommercial broadband service providers, or any combination
					 thereof.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.37 - Overlapping Applications or Project Areas

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Except as provided under §
											16.38 of this subchapter, if at
					 the close of the application period the office has received multiple
					 applications that propose to provide broadband service to the same broadband
					 serviceable locations, the office shall, prior to publishing information
					 regarding the applications as required by §
											16.36 of this subchapter, resolve
					 the overlapping areas to ensure that the award of grant funds are not
					 duplicated for a broadband serviceable location.
(b) The office shall resolve overlapping
					 applications; by evaluating each impacted application independently; and the
					 office shall:
(1) score each impacted
					 application and the application receiving the highest score shall proceed to
					 grant funding consideration with its project area locations intact;
					 and
(2) remove the overlapping
					 project locations from the lower scored applications and provide notice to the
					 impacted applicants that the overlapping project locations have been removed
					 from the application.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.38 - Special Rule for Overlapping Project Areas in Noncommercial Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) If both a commercial and noncommercial
					 broadband service provider submit an eligible application to provide broadband
					 service access to the same broadband serviceable locations, the office shall
					 inform the noncommercial provider of the overlap and the noncommercial provider
					 shall be required to submit an amended application eliminating the overlapping
					 locations for which the commercial provider proposes to provide expanded
					 broadband service access.
(b) If a
					 noncommercial broadband service provider required to amend its application
					 under subsection (a) of this section does not submit an amended application to
					 the office by the 10th business day after receiving notice of the overlapping
					 areas, the office may remove the application from grant funding
					 consideration.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.39 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) As set forth in
					 greater detail in the notice of funds availability or the application
					 instructions prescribed by the office, each application shall include:
(1) applicant information, statement of
					 qualifications, and partnerships;
(2) maps of the project area and locations to
					 be served;
(3) a technical
					 description of the project;
(4)
					 project budget(s), matching funds, costs, and proof of funding
					 availability;
(5) proposed
					 services, marketing, adoption, and community support;
(6) information required by the notice of
					 funds availability; and
(7) any
					 other information or documentation that the office may require.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.40 - Evaluation Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The office
					 shall establish the eligibility and award criteria applicable for each round of
					 competitive grant funding by publishing the criteria in a notice of funds
					 availability as provided by §
											16.31 of this subchapter. In
					 establishing eligibility and award criteria, the office shall:
(1) prioritize applications that expand
					 access to and adoption of broadband service in designated areas in which the
					 highest percentage of broadband serviceable locations are unserved or
					 underserved locations;
(2)
					 prioritize applications that expand access to broadband service in public and
					 private primary and secondary schools and institutions of higher
					 education;
(3) prioritize
					 applications that connect end-user locations with end-to-end fiber optic
					 facilities that meet speed, latency, reliability, consistency, scalability, and
					 related criteria as the office shall determine;
(4) give preference to applicants that
					 provide the information requested by the office under Government Code, §
												490I.0105 and §
												490I.01061;
					 and
(5) take into consideration
					 whether an applicant has forfeited federal funding for defaulting on a project
					 to deploy qualifying broadband service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.41 - Application Protest Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The office
					 shall publish on the office's website criteria and requirements for submitting
					 a challenge under this section. An application protest may only be made on the
					 following basis:
(1) the applicant is
					 ineligible to receive an award;
(2)
					 the application contains broadband serviceable locations that are not eligible
					 to receive funding because of an existing federal commitment to deploy
					 qualifying broadband service to the location; or
(3) the project is ineligible to receive or
					 should not receive an award based on the criteria prescribed by the office as
					 provided by §
												16.40(a) of this
					 subchapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 16 - COMPTROLLER GRANT PROGRAMS › Subchapter B - TEXAS BROADBAND DEVELOPMENT OFFICE › Division 2 - BROADBAND DEVELOPMENT PROGRAM › Section 16.42 - Awards; Grant Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) All award
					 decisions shall be made at the sole discretion of the office and are not
					 appealable or subject to protest.
(b) Grants for the deployment of broadband
					 infrastructure awarded under this subchapter may only be used 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.
(c) A grant recipient
					 shall have 30 days from the date of award to negotiate and sign the grant
					 agreement. The comptroller may extend the deadline to fully execute the grant
					 agreement upon a showing of good cause by the grant recipient(s). If the grant
					 agreement is not signed by the grant recipient and received by the office by
					 the later of the 30th day after the award of the grant agreement or the
					 extended deadline date, the office may rescind the award.