Relating to advanced communications infrastructure security; authorizing a fee; providing administrative penalties.

89(R) SB 1897 - House Committee Report version - Bill Text

By: Hughes, et al.

S.B. No. 1897

(McQueeney)

A BILL TO BE ENTITLED

AN ACT

relating to advanced communications infrastructure security;

authorizing a fee; providing administrative penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 2, Utilities Code, is amended

by adding Chapter 67 to read as follows:

CHAPTER 67.

ADVANCED COMMUNICATIONS INFRASTRUCTURE SECURITY

Sec. 67.001. DEFINITIONS. In this chapter:

(1)

"Advanced communications infrastructure" means

physical ground-based infrastructure or equipment used to provide

advanced communications service.

(2) "Advanced communications service" means:

(A)

advanced telecommunications capability, as

defined by 47 U.S.C. Section 1302; or

(B)

any other telecommunications capability

that:

(i)

permits end users to engage in

communications; and

(ii)

is designated by the commission by

rule as an advanced communications service for the purposes of this

chapter.

(3)

"Advanced communications service provider" means

a person who provides advanced communications service to customers

in this state.

(4)

"Company" has the meaning assigned by Section

117.001, Business & Commerce Code.

(5)

"Federally banned company" means a company that

produces or provides communications equipment or services listed as

of September 1, 2025, on the covered list published by the Public

Safety and Homeland Security Bureau of the Federal Communications

Commission, as required by 47 C.F.R. Section 1.50002.

Sec.

67.002.

ADVANCED COMMUNICATIONS INFRASTRUCTURE. (a)

An advanced communications service provider may not construct

advanced communications infrastructure after August 31, 2025, that

includes any equipment produced or provided by a federally banned

company.

(b)

An advanced communications service provider that

operates advanced communications infrastructure installed before

September 1, 2025, that was produced or provided by a federally

banned company shall disable and remove the infrastructure as soon

as possible after September 1, 2025.

The advanced communications

service provider is not required to apply for any applicable state

or local permit to replace the removed advanced communications

infrastructure if:

(1)

the provider notifies the relevant state agency or

local entity of the replacement; and

(2)

the replacement infrastructure is similar to the

removed infrastructure.

Sec.

67.003.

REGISTRATION WITH COMMISSION. (a)

An

advanced communications service provider that uses advanced

communications infrastructure produced or provided by a federally

banned company shall register with the commission annually.

(b)

Each registered advanced communications service

provider shall:

(1)

pay to the commission an annual registration fee

prescribed by the commission in an amount sufficient to cover the

cost of administering the registration program; and

(2)

maintain on file with the commission the following

information:

(A)

the name, address, telephone number, and

e-mail address of an employee of the provider with managerial

responsibility for the provider's operations in this state;

(B)

the geographic coordinates of the areas

served by any advanced communications infrastructure required to be

replaced by the provider under Section 67.002;

(C)

whether the advanced communications service

provider is a participant in the federal Secure and Trusted

Communications Networks Reimbursement Program; and

(D)

any other information required by the

commission.

Sec.

67.004.

REQUIREMENTS FOR PARTICIPANT IN SECURE AND

TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM. An

advanced communications service provider that is a participant in

the federal Secure and Trusted Communications Networks

Reimbursement Program shall:

(1)

report to the commission not later than January 1

of each year all communications equipment or services operated by

the provider eligible for replacement reimbursement from the

program and the geographic coordinates of the areas served by that

equipment or service; and

(2)

submit a quarterly report to the commission that

includes any information required by the commission regarding the

advanced communications service provider's compliance with the

requirements of the program.

Sec.

67.005.

ENFORCEMENT. (a)

The commission shall assess

an administrative penalty in the manner provided by Chapter 15 in an

amount of at least $5,000 and not more than $25,000 against an

advanced communications service provider for each violation of this

chapter.

Each day a violation continues or occurs may be considered

a separate violation for purposes of imposing a penalty.

(b)

The commission shall assess an administrative penalty

in the manner provided by Chapter 15 in an amount of at least

$10,000 and not more than $20,000 against an advanced

communications service provider that knowingly files a false

registration under Section 67.003.

Each day a violation continues

or occurs may be considered a separate violation for purposes of

imposing a penalty.

(c)

Notwithstanding any other law, an advanced

communications service provider that does not comply with this

chapter may not:

(1)

receive state or local funds for the development

or maintenance of advanced communications infrastructure,

including disbursements from the state universal service fund

established under Section 56.021; or

(2)

receive any federal funds that are subject to

distribution by state or local governments for the development or

maintenance of new or existing advanced communications

infrastructure.

Sec.

67.006.

MAP. (a)

The commission shall develop a map

of known advanced communications infrastructure installed in this

state that was produced or provided by a federally banned company.

(b) The map must include:

(1)

the location of the advanced communications

infrastructure and the areas served by the infrastructure;

(2)

the advanced communications service provider

responsible for the advanced communications infrastructure; and

(3)

a description of the advanced communications

infrastructure, including the manufacturer and equipment type.

SECTION 2. Not later than January 1, 2027, an advanced

communications service provider to which Section 67.002(b),

Utilities Code, as added by this Act, applies shall, as applicable:

(1) register with the Public Utility Commission of

Texas as required by Section 67.003, Utilities Code, as added by

this Act; and

(2) submit to the Public Utility Commission of Texas

the first reports required by Section 67.004, Utilities Code, as

added by this Act.

SECTION 3. This Act takes effect September 1, 2025.