UTILITIES CODE
CHAPTER 57. DISTANCE LEARNING AND OTHER ADVANCED SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 57.001. CONFLICT OF PROVISIONS. If this chapter
conflicts with another provision of this title, this chapter
prevails.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. DISTANCE LEARNING AND INFORMATION SHARING
§ 57.021. DEFINITIONS. In this subchapter:
(1) "Distance learning" means an instruction,
learning, or training resource, including video, data, voice, or
electronic information, that is:
(A) used by an educational institution
predominantly for instruction, learning, or training; and
(B) transmitted from a site to one or more other
sites by a telecommunications service.
(2) "Educational institution" includes:
(A) an accredited primary or secondary school;
(B) an institution of higher education as defined
by Section 61.003, Education Code;
(C) a private institution of higher education
accredited by a recognized accrediting agency as defined by Section
61.003, Education Code;
(D) the Texas Education Agency and its successors
and assigns;
(E) a regional education service center
established and operated in accordance with Chapter 8, Education
Code; or
(F) the Texas Higher Education Coordinating
Board and its successors and assigns.
(3) "Library" means:
(A) a public library or regional library system
as defined by Section 441.122, Government Code; or
(B) a library operated by an institution of
higher education or a school district.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.022. REDUCED RATES FOR DISTANCE LEARNING OR
INFORMATION SHARING SERVICES. (a) The commission by rule shall
require a dominant carrier to file a tariff that includes a reduced
rate for a telecommunications service the commission finds is
directly related to:
(1) a distance learning activity that is or could be
conducted by an educational institution in this state; or
(2) an information sharing program that is or could be
conducted by a library in this state.
(b) The commission rules shall specify:
(1) each telecommunications service to which
Subsection (a) applies;
(2) the process for an educational institution or
library to qualify for a reduced rate;
(3) the date by which a dominant carrier is required to
file a tariff;
(4) guidelines and criteria that require the services
and reduced rates to further the goals prescribed by Section
57.023; and
(5) any other requirement or term that the commission
determines to be in the public interest.
(c) The commission is not required to determine the long run
incremental cost of providing a service before approving a reduced
rate for the service.
(d) Until cost determination rules are developed and the
rates established under this section are changed as necessary to
ensure proper cost recovery, the reduced rates established by the
commission shall be equal to 75 percent of the otherwise applicable
rate.
(e) After the commission develops cost determination rules
for telecommunications services generally, the commission shall
ensure that a reduced rate approved under this section:
(1) recovers service-specific long run incremental
costs; and
(2) avoids subsidizing an educational institution or a
library.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.023. SERVICE AND RATE REQUIREMENTS. The services
and reduced rates must be designed to:
(1) encourage the development and offering of:
(A) distance learning activities by educational
institutions; and
(B) information sharing programs of libraries;
(2) meet the:
(A) distance learning needs identified by the
educational community; and
(B) information sharing needs identified by
libraries; and
(3) recover the long run incremental costs of
providing the services, to the extent those costs can be
identified, to avoid subsidizing an educational institution or a
library.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.024. TARIFF FILINGS. A tariff filed by a dominant
carrier under Section 57.022:
(1) may concern the implementation of this subchapter
only;
(2) is not a rate change under Subchapter C, Chapter
53; and
(3) does not affect the carrier's other rates or
services.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.025. CHANGES IN RATE PROGRAM. (a) An educational
institution, library, or dominant carrier may request the
commission to:
(1) provide for a reduced rate for a service that:
(A) is directly related to a distance learning
activity or an information sharing program; and
(B) is not covered by commission rules;
(2) change a rate;
(3) amend a tariff; or
(4) amend a commission rule.
(b) The commission shall take the action requested under
Subsection (a) if the commission determines the action is
appropriate.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER C. TELECOMMUNICATIONS INFRASTRUCTURE FUND
§ 57.041. FINDINGS AND POLICY. (a) The legislature
finds that commercial mobile service providers:
(1) benefit from the public telecommunications
network by the ability to originate and terminate calls that
traverse the mobile and cellular network; and
(2) will benefit by the advancement of the public
telecommunications network through projects funded under this
subchapter.
(b) It is the policy of this state that commercial mobile
service providers contribute an appropriate amount to the
telecommunications infrastructure fund.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.042. DEFINITIONS. In this subchapter:
(1) "Ambulatory health care center" means a health
care clinic or an association of such a clinic that is:
(A) exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, as amended, as an
organization described by Section 501(c)(3), as amended; and
(B) funded wholly or partly by a grant under 42
U.S.C. Section 254b, 254c, or 256, as amended.
(2) "Board" means the telecommunications
infrastructure fund board.
(3) "Commercial mobile service provider" means a
provider of commercial mobile service as defined by Section 332(d),
Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993 (Pub. L. No. 103-66).
(4) "Fund" means the telecommunications
infrastructure fund.
(5) "Institution of higher education" means:
(A) an institution of higher education as defined
by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education as defined by Section 61.003, Education Code.
(6) "Library" means:
(A) a public library or regional library system
as those terms are defined by Section 441.122, Government Code;
(B) a library operated by an institution of
higher education or a school district; or
(C) a library operated by a nonprofit corporation
as defined by Section 441.221(3), Government Code.
(7) "Public not-for-profit health care facility"
means a rural or regional hospital or other entity such as a rural
health clinic that:
(A) is supported by local or regional tax
revenue;
(B) is a certified not-for-profit health
corporation, under federal law; or
(C) is an ambulatory health care center.
(8) "School district" includes an independent school
district, a common school district, and a rural high school
district.
(9) "Public school" means a public elementary or
secondary school, including an open-enrollment charter school, a
home-rule school district school, and a school with a campus or
campus program charter.
(10) "Taxable telecommunications receipts" means
taxable telecommunications receipts reported under Chapter 151,
Tax Code.
(11) "Telehealth service" means a health service,
other than a telemedicine medical service, delivered by a licensed
or certified health professional acting within the scope of the
health professional's license or certification who does not perform
a telemedicine medical service that requires the use of advanced
telecommunications technology, other than by telephone or
facsimile, including:
(A) compressed digital interactive video, audio,
or data transmission;
(B) clinical data transmission using computer
imaging by way of still-image capture and store and forward; and
(C) other technology that facilitates access to
health care services or medical specialty expertise.
(12) "Telemedicine medical service" means a health
care service initiated by a physician or provided by a health
professional acting under physician delegation and supervision,
for purposes of patient assessment by a health professional,
diagnosis or consultation by a physician, treatment, or the
transfer of medical data, that requires the use of advanced
telecommunications technology, other than by telephone or
facsimile, including:
(A) compressed digital interactive video, audio,
or data transmission;
(B) clinical data transmission using computer
imaging by way of still-image capture and store and forward; and.
(C) other technology that facilitates access to
health care services or medical specialty expertise
(13) "Telepharmacy system" means a system that
monitors the dispensing of prescription drugs and provides for
related drug use review and patient counseling services by an
electronic method, including the use of the following types of
technology:
(A) audio and video;
(B) still image capture; and
(C) store and forward.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.09(a), eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1212, § 32, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 959, § 6, eff. June 14, 2001; Acts 2001,
77th Leg., ch. 1220, § 2, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1255, § 11, eff. June 15, 2001; Acts 2001, 77th Leg.,
ch. 1350, § 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
1275, § 2(137), eff. Sept. 1, 2003..
§ 57.043. TELECOMMUNICATIONS INFRASTRUCTURE FUND AND
ACCOUNTS. (a) The telecommunications infrastructure fund is an
account in the general revenue fund. The telecommunications
infrastructure fund account is composed of the public schools
account and the qualifying entities account. Section 403.095,
Government Code, does not apply to the telecommunications
infrastructure fund account or to the accounts that compose the
fund account.
(b) The public schools account and qualifying entities
account are financed by an annual assessment imposed as prescribed
by Section 57.048 on each telecommunications utility and commercial
mobile service provider doing business in this state.
(c) Money in the fund may be appropriated only for a use
consistent with the purposes of this subchapter.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.09(b), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1466, § 10(a), eff. June 15, 2001.
§ 57.044. TELECOMMUNICATIONS INFRASTRUCTURE FUND
BOARD. (a) The telecommunications infrastructure fund board
consists of:
(1) three members appointed by the governor;
(2) three members appointed by the governor from a
list of individuals provided by the speaker of the house of
representatives; and
(3) three members appointed by the lieutenant
governor.
(b) The governor shall designate the presiding officer of
the board.
(c) The governor and the lieutenant governor, in making
appointments to the board, and the speaker of the house of
representatives, in compiling a list of recommended persons, shall
attempt to select members who are representative of, but not
limited to:
(1) urban and rural school districts;
(2) institutions of higher education;
(3) libraries; and
(4) the public.
(d) A person may not serve on the board if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
(e) Members of the board:
(1) serve without pay; and
(2) are entitled to reimbursement for their actual
expenses incurred in attending meetings of the board or attending
to other work of the board if approved by the presiding officer.
(f) Members of the board serve for staggered, six-year
terms, with three members' terms expiring on August 31 of each
odd-numbered year.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.045. POWERS AND DUTIES OF BOARD. (a) The board
shall administer the fund and the two accounts in the fund.
(b) The board shall prepare an annual report that:
(1) details the revenues deposited to the credit of
the fund, including each account; and
(2) summarizes the grants and loans made from each
account.
(c) Not later than January 15 of each year, the board shall
submit the report for the preceding year to the governor and to each
standing committee in the senate and house of representatives that
has jurisdiction over public or higher education.
(d) The board may:
(1) enter into contracts with state agencies or
private entities necessary to perform the board's duties;
(2) adopt rules as necessary to administer this
subchapter;
(3) employ personnel reasonably necessary to perform
duties delegated by the board;
(4) appoint one or more committees to assist the board
in performing the board's duties; and
(5) accept a gift or grant and use it for the purposes
of this subchapter.
(e) The board shall establish an assistance program to
provide education concerning the telecommunications infrastructure
fund and to facilitate access to funds and programs under this
subchapter by health care facilities and by physicians licensed to
practice medicine in this state. The assistance program must
include a toll-free telephone number and provide access to
information through the Internet.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.09(c), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1255, § 12, eff. June 15, 2001.
§ 57.0455. MASTER PLAN FOR INFRASTRUCTURE
DEVELOPMENT. (a) The board shall adopt a master plan for
infrastructure development. The plan must:
(1) cover a five-year period;
(2) be updated annually; and
(3) describe the project, timeline, and resource
allocation targets for each year included in the plan.
(b) The board shall publish each proposed amendment to the
plan and each proposed annual update in the Texas Register in
accordance with Subchapter B, Chapter 2002, Government Code.
Added by Acts 1999, 76th Leg., ch. 62, § 18.09(d), eff. Sept. 1,
1999.
§ 57.046. USE OF ACCOUNTS. (a) The board shall use
money in the public schools account to:
(1) to the extent directed in the General
Appropriations Act, fund the technology allotment under Section
32.005, Education Code; and
(2) award grants and loans in accordance with this
subchapter to fund:
(A) equipment for public schools, including
computers, printers, computer labs, and video equipment; and
(B) intracampus and intercampus wiring to enable
those public schools to use the equipment.
(b) The board shall use money in the qualifying entities
account for any purpose authorized by this subchapter, including:
(1) equipment;
(2) wiring;
(3) material;
(4) program development;
(5) training;
(6) installation costs;
(7) a statewide telecommunications network; and
(8) Expired.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 198, §
2.140.
(c) In addition to the purposes for which the qualifying
entities account may be used, the board may use money in the account
to award grants to the Health and Human Services Commission for
technology initiatives of the commission.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 201, §
59.
(c) Section 57.047(d) does not apply to the use of money in
the public schools account for the purpose specified by Subsection
(a)(1).
(d) In addition to the purposes for which the qualifying
entities account may be used, the board may use money in the account
to award grants to the Health and Human Services Commission for
technology initiatives of the commission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.09(e), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1255, § 13, eff. June 15, 2001; Acts
2003, 78th Leg., ch. 198, § 2.140, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 201, § 59, eff. June 10, 2003.
§ 57.047. GRANT AND LOAN PROGRAM. (a) The board may
award a grant to a project or proposal that:
(1) provides equipment and infrastructure necessary
for:
(A) distance learning;
(B) an information sharing program of a library;
(C) telemedicine medical services;
(D) telehealth services; or
(E) a telepharmacy system;
(2) develops and implements the initial or
prototypical delivery of a course or other distance learning
material;
(3) trains teachers, faculty, librarians, or
technicians in the use of distance learning or information sharing
materials and equipment;
(4) develops a curriculum or instructional material
specially suited for telecommunications delivery;
(5) provides electronic information; or
(6) establishes or carries out an information sharing
program.
(b) The board may award a loan to a project or proposal to
acquire equipment needed for distance learning and telemedicine
medical service projects.
(c) In awarding a grant or loan under this subchapter, the
board shall give priority to a project or proposal that:
(1) represents collaborative efforts involving more
than one school, university, or library;
(2) contributes matching funds from another source;
(3) shows promise of becoming self-sustaining;
(4) helps users of information learn new ways to
acquire and use information through telecommunications;
(5) extends specific educational information and
knowledge services to a group not previously served, especially a
group in an economically depressed, rural, or remote area;
(6) results in more efficient or effective learning
than through conventional teaching;
(7) improves the effectiveness and efficiency of
health care delivery;
(8) takes advantage of distance learning
opportunities in a rural or urban school district with a:
(A) disproportionate number of at-risk youths;
or
(B) high dropout rate; or
(9) assists the community telecommunications alliance
program created under Subchapter O, Chapter 487, Government Code.
(d) In distributing money to public schools, the board
shall:
(1) consider the relative property wealth per student
of the school districts that receive the money; and
(2) recognize the unique needs of rural communities.
(e) If a board member is an employee of an entity that
applies for a grant or loan under this subchapter, the board member,
before a vote on the grant or loan, shall disclose the fact of the
member's employment. The disclosure must be entered into the
minutes of the meeting. The board member may not vote on or
otherwise participate in the awarding of the grant or loan. If the
board member does not comply with this subsection, the entity is not
eligible for the grant or loan.
(f) A grant or loan awarded under this section is subject to
the limitations prescribed by Section 57.046.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.09(f), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 959, § 7, eff. June 14, 2001; Acts
2001, 77th Leg., ch. 1255, § 14, eff. June 15, 2001; Acts 2001,
77th Leg., ch. 1220, § 3, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1151, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1276, § 17.002, eff. Sept. 1, 2003.
§ 57.0471. GRANTS TO CERTAIN HEALTH CARE
FACILITIES. (a) A physician, health care professional, or health
care facility providing telemedicine medical services or
telehealth services and participating in a pilot program under
Section 531.02171, Government Code, is eligible to receive a grant
under Section 57.047.
(b) The physician, health care professional, or health care
facility providing telemedicine medical services or telehealth
services and participating in a pilot program under Section
531.02171, Government Code, is not eligible to receive private
network services under Section 58.253(a), except with respect to a
project that would have been eligible to be funded by the
telecommunications infrastructure fund under this subchapter as it
existed on January 1, 2001.
Added by Acts 2001, 77th Leg., ch. 661, § 2, eff. June 13, 2001;
Added by Acts 2001, 77th Leg., ch. 959, § 8, eff. June 14, 2001.
Amended by Acts 2003, 78th Leg., ch. 1276, § 17.003, eff. Sept.
1, 2003.
§ 57.0475. ELIGIBILITY FOR GRANTS TO HEALTH CARE
FACILITIES. (a) The board may award a grant under Section
57.047(a)(1)(C) only to a health care facility that:
(1) is a hospital or other entity, including a health
clinic, that:
(A) is supported by local or regional tax
revenue;
(B) is a certified nonprofit health corporation
under federal law; or
(C) is an ambulatory health care center; or
(2) meets the criteria adopted by the board and the
Health and Human Services Commission under Subsection (b).
(b) The board and the Health and Human Services Commission
shall jointly adopt rules prescribing the criteria a health care
facility not described by Subsection (a)(1) must meet to be
eligible to receive a grant under Section 57.047(a)(1)(C). In
determining the criteria, the board and commission shall prioritize
health care facilities based on:
(1) the amount of charity care provided by each
facility during the year preceding the year in which the facility
applies for a grant; and
(2) the number of Medicaid patients and patients
enrolled in the state child health plan treated by each facility
during the year preceding the year in which the facility applies for
a grant.
(c) The criteria adopted under Subsection (b) must provide
that a health care facility is not eligible to receive a grant under
Section 57.047(a)(1)(C) if the health care facility did not provide
any charity care or treat any patients described by Subsection
(b)(2) during the year preceding the year in which the facility
applies for a grant.
Added by Acts 2001, 77th Leg., ch. 1255, § 15, eff. June 15,
2001.
§ 57.048. ASSESSMENTS AND COLLECTIONS. (a) An annual
assessment is imposed on each telecommunications utility and each
commercial mobile service provider doing business in this state.
(b) The assessment is imposed at the rate of 1.25 percent of
the taxable telecommunications receipts of the telecommunications
utility or commercial mobile service provider, subject to this
section.
(c) The total amount deposited to the credit of the fund,
excluding interest and loan repayments, may not exceed $1.75
billion. Not later than August 31 of each year, the comptroller
shall determine the total amount, excluding interest and loan
repayments, that has been deposited to the credit of the fund during
that fiscal year and the preceding fiscal years. If the comptroller
determines that a total of $1.5 billion or more, excluding interest
and loan repayments, has been deposited to the credit of the fund,
the comptroller shall impose the assessment during the next fiscal
year at a rate that the comptroller estimates is sufficient to
produce the amount necessary to result in the deposit in the fund of
a total of not more than $1.75 billion, excluding interest and loan
repayments.
(d) The comptroller may not collect the assessment during a
fiscal year if the comptroller determines after the yearly review
that the total amount deposited to the credit of the fund during
that fiscal year and the preceding fiscal years is $1.74 billion or
more, excluding interest and loan repayments, and it is not
possible to impose the assessment during the next fiscal year at a
practical rate without collecting more than a total of $1.75
billion, excluding interest and loan repayments.
(e) The comptroller may require a telecommunications
utility or commercial mobile service provider to provide any report
or information necessary to fulfill the comptroller's duties under
this section. Information provided to the comptroller under this
section is confidential and exempt from disclosure under Chapter
552, Government Code.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.09(g), eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 201, § 60, eff. June 10, 2003.
§ 57.0485. ACCOUNTS. (a) The comptroller shall
deposit 50 percent of the money collected by the comptroller under
Section 57.048 to the credit of the public schools account in the
fund. The comptroller shall deposit the remainder of the money
collected by the comptroller under Section 57.048 to the credit of
the qualifying entities account in the fund.
(b) Interest earned on money in an account shall be
deposited to the credit of that account.
Added by Acts 1999, 76th Leg., ch. 62, § 18.09(g), eff. Sept. 1,
1999.
§ 57.049. ISSUANCE OF WARRANTS. From money
appropriated to the board, the comptroller shall issue warrants the
board requests in accordance with the purposes of this subchapter,
including warrants to grantees of the board in amounts the board
certifies to the comptroller.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.050. ASSISTANCE OF OTHER AGENCIES. The following
agencies, in consultation with the board, shall adopt policies and
procedures that are designed to aid the board in achieving the
purposes of this subchapter:
(1) the Texas Higher Education Coordinating Board;
(2) the Texas Education Agency; and
(3) the Texas State Library and Archives Commission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.051. SUNSET PROVISION. The Telecommunications
Infrastructure Fund Board is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this subchapter expires
September 1, 2005.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.10(a), eff. Sept. 1, 1999.
SUBCHAPTER D. INTERACTIVE MULTIMEDIA COMMUNICATIONS
§ 57.071. DEFINITION. In this subchapter, "interactive
multimedia communications" means real-time, two-way, interactive
voice, video, and data communications conducted over networks that
link geographically dispersed locations.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 57.072. RATES FOR INTERACTIVE MULTIMEDIA
COMMUNICATIONS. (a) The commission shall permit a local exchange
company that provides an interactive multimedia communications
service to establish, using sound ratemaking principles, rates
necessary to recover costs associated with providing the service.
(b) A local exchange company may not establish a rate under
Subsection (a) that is less than the local exchange company's long
run incremental costs of providing the interactive multimedia
communications service, unless the commission determines it to be
in the public interest to do so.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
