Bill Text: TX HB258 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to certain contracting requirements for the provision of broadband Internet access service to governmental entities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to State Affairs [HB258 Detail]
Download: Texas-2021-HB258-Introduced.html
| By: Bernal | H.B. No. 258 | |
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| relating to certain contracting requirements for the provision of | ||
| broadband Internet access service to governmental entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2252, Government Code, is amended by | ||
| adding Subchapter H to read as follows: | ||
| SUBCHAPTER H. CONTRACTS WITH CERTAIN INTERNET SERVICE PROVIDERS | ||
| Sec. 2252.221. DEFINITIONS. (a) In this subchapter: | ||
| (1) "Broadband Internet access service" means | ||
| service, other than dial-up Internet access service, that is: | ||
| (A) a mass-market retail Internet access service | ||
| provided by wire or radio that enables a person to transmit and | ||
| receive data between the person's customer premises equipment, | ||
| including mobile devices, and substantially all Internet | ||
| endpoints; or | ||
| (B) a service that is incidental to or that | ||
| enables the operation of the service described in Paragraph (A). | ||
| (2) "Broadband Internet access service provider" | ||
| means a person that provides broadband Internet access service. | ||
| (3) "Governmental entity" has the meaning assigned by | ||
| Section 2252.001. | ||
| (4) "Paid prioritization" means a broadband Internet | ||
| access service provider's management of its network to directly or | ||
| indirectly favor certain traffic over other traffic, including | ||
| through traffic shaping, prioritization, resource reservation, or | ||
| other forms of preferential traffic management, either in exchange | ||
| for consideration from a third party or to benefit an affiliated | ||
| entity. | ||
| (b) For the purposes of this subchapter, broadband Internet | ||
| access service includes the functional equivalent of a service | ||
| described by Subsection (a)(1)(A) as determined by the Department | ||
| of Information Resources. | ||
| Sec. 2252.222. MANAGEMENT. For purposes of Section | ||
| 2252.223, an activity described by Section 2252.223(1) or (2) does | ||
| not include reasonable network management. A practice is considered | ||
| to be reasonable network management if the practice: | ||
| (1) has a technical network management justification; | ||
| (2) does not include other business practices; and | ||
| (3) is tailored to achieve a legitimate network | ||
| management purpose, taking into account the particular network | ||
| architecture and technology of the broadband Internet access | ||
| service. | ||
| Sec. 2252.223. REQUIREMENTS FOR CONTRACTS WITH PROVIDERS. | ||
| A governmental entity may not contract with a broadband Internet | ||
| access service provider unless the contract contains a written | ||
| verification from the provider that the provider does not: | ||
| (1) block lawful content, applications, or services or | ||
| the use of non-harmful devices; | ||
| (2) impair or degrade lawful Internet traffic for the | ||
| purpose of discriminating against or favoring certain Internet | ||
| content, applications, or services or the use of non-harmful | ||
| devices; or | ||
| (3) engage in paid prioritization. | ||
| Sec. 2252.224. ENFORCEMENT. The attorney general may bring | ||
| any action necessary to enforce this subchapter. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a contract entered into on or after the effective date of this Act. | ||
| A contract entered into before that date is governed by the law in | ||
| effect immediately before the effective date of this Act, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
