The 87th Texas legislature is in Session! Below are a list of bills that fall under EFF-Austin’s radar of topics that reside among or impact the electronic frontier. Using a simple rating system of GOOD or BAD, you’ll see where we stand on these bills. You’ll also find more literarily digestible descriptions in contrast to their typical legalese form.
This bill requires that school Threat Assessment Teams complete their threat assessments of an students within 30 day of beginning the assessment. The assessment will:
No later than 10 days after the team makes a determination that a student poses a serious risk of violence to self or others, the team shall:
The agency shall establish a database of conducted student threat assessments in which there was a determination that the student poses a serious risk of violence to self or other. The agency must allow access to the database reporting a student’s threat assessment to:
Anyone with authorization may access information in the database solely for the purpose of ensuring school safety and security. Upon access, said person(s) shall keep any information from the database confidential, and may not use the information for purposes not directly related to the purpose for which it was obtained. Information regarding a student’s threat assessment reported in the threat assessment database must be permanently erased from the database on the date that the student reaches 21 years of age
Anyone with access to, or somehow obtains confidential information from this database knowingly commits an offense if they:
Any offense under this section is a Class B Misdemeanor.
Author Sam Harless
Rating: BAD
This bill amends the ‘Public Officers and Employees’ section of the Local Government Code as well as the ‘Law Enforcement and Public Protection’ section of the Executive Branch section of the government code to prevents law enforcement departments that employ peace officers from authorizing television crews to film peace officers, for the purpose of creating a reality television show, while said officers are in the line of duty.
Author John Whitmire
Rating: BAD
Requires Educators to receive instruction in digital learning, virtual learning, virtual instruction and a digital literacy evaluation. It further states that the received instruction must be aligned with standards set by the International Society for Technology in Education’s standards for Teachers.
The instruction that’s provided must:
The following terms are formally defined:
Author: Angela Paxton
Rating: GOOD
Amends the Code of Criminal Procedure so that the law enforcement personnel that is listed below shall submit a written list of all peace officers in the designated law enforcement office or agency who are authorized to possess, install, or operate, or monitor pen registers, Electronic Serial Number Readers or similar equipment to their director:
The bill also allows the following law enforcement personnel to issue administrative subpoenas to a communication common carrier or a provider of an electronic communications service to compel the production of any acquirer’s/service provider’s business records that disclose information about the carrier’s or service provider’s customers; or users of the services offered by the carrier or service provider; and are material to a criminal investigation:
Within 30 days of the administrative subpoena being issued, the Inspector General of the Texas Department of Criminal Justice or the sheriff, chief or prosecutor of a designated law enforcement office or agency, as applicable, shall report to the department the issuance of the subpoena.
The term “Designated Law Enforcement Office or Agency” is defined as:
Author Jessica Gonzalez
Rating: GOOD
Requires that the Secretary of State conducts audits for voting system equipment used before,after and during an election, insofar as possible, by counties that participate in the Countywide Polling place Program.
The Secretary of State will choose participants based on the following requirements:
Establishes that anyone seeking a certification to teach courses in marketing or a certification to teach courses in health science technology shall be required to complete at least 200 hours an educator preparation program
The State Board for Educator Certification shall propose rules establishing standards to govern the approval and renewal of educator preparation programs for certification in marketing education and health science technology education.
Author Barbara Gervin-Hawkins
Rating: GOOD
This bill establishes that third-party delivery services are prohibited from using a merchant’s mark and/or other intellectual property on its website or web application without prior written consent from the merchant. The bill further states that a third-party’s authorization to conduct business in the state is a necessary requirement in order to receive valid consent from a merchant to use their intellectual property on its website or web application.
A third-party delivery service found in violation of these proposed laws is liable for a civil penalty in an amount no greater than $1,000 for each violation, each day of a continuing violation being a separate violation. The bill also permits the Attorney General to act in the name of the State of Texas against third-party delivery services for injunctive relief and/or recovery of a civil penalty regarding this proposed legislation. Civil penalties collected under these terms shall be deposited in the State treasurer to the credit of the general revenue fund.
A merchant aggrieved of the same violations by a third-party may also bring action for injunctive relief and damages equal to or greater than the merchant’s actual damages arising from the violation or $5,000 as exemplary damages, irrespective of whether the merchant has actual damages, or both injunctive and relief damages. A merchant that’s awarded actual damages may also be awarded exemplary damage.
The following terms are defined:
Author Carl Sherman
Rating: NEUTRAL
The Texas Tax Code is amended so that “Internet Access Service” does not include any taxable service listed in the Code. In order for an internet access service to be taxable, it would have to be provided with or incidental to the provision of internet access service
The bill also removes “Internet Access Services” from the list of Taxable Services detailed in the Texas Tax Code. It’s Replaced with the instance of any sales by a transmission and distribution utility entity that directly relates to an electricity end-use customer whose consumption of electricity is subject to taxation.
The “Basic Fee For Internet Access Service” section of the Texas Tax Code is Repealed. Currently, this section:
Author Jane Nelson
Rating: GOOD
Requires that law enforcement agencies to develop a limitation policy on the deployment of its SWAT team(s) only to situations involving imminent threats of serious bodily injury to law enforcement officers or the public and that the decision to deploy SWAT Teams to be based on the consideration of available evidence indicating imminent threat to a person or officer, whether the conditions convey that a suspect cannot reasonably be apprehended using routine methods, the existence of a legally own firearm in the home of an individual does not in itself constitute evidence of an imminent threat. It also prevents law enforcement agencies from administering SWAT teams unless:
When a SWAT team is deployed for a planned warrant service or for an incident not involving ongoing violence, the basis for believing an imminent threat exists must first be reviewed and approved by a supervisor at the level of captain or higher rank that also provides a written justification for any execution of a warrant after sunset and before sunrise.
The bill also requires that law enforcement agencies must also develop training curriculum, certification standards, continuing education requirements and in-service training requirements for SWAT team members, and provide annual reports about SWAT team deployments and training to the agency’s local governing body. These reports must include:
Any person who or any immediate family member of a person who suffers serious bodily injury as a result of a SWAT team action, or died as a result of a SWAT team action is entitled to receive a copy of any video or audio recording made by the team and containing footage of the action. The person or family member must submit a request for the recording to the law enforcement agency administering the applicable SWAT team
A “Body Worn Camera” is defined as: A Recording device that is capable of recording or transmitting to be recorded remotely video or audio and is worn by a peace officer. Wearing includes attachment to clothing and/or being worn as glasses.
Special Weapons and Tactics team, SWAT team is defined as: a designated team or law enforcement officers specifically trained and equipped to work incoordination to respond to critical incidents, including:
This term applies regardless of what name a law enforcement agency may title any team
Author Harold Dutton
Rating: GOOD
This bill establishes a Broadband Office within the Public Utility Commission of Texas, as well as a Broadband Service Investment Grant Program. Regarding both rule and regulation by the Broadband office and eligibility to receive the grant, the information in this bill only applies to private sector broadband service providers.
Broadband Office
The Broadband Office will be an office within the commission that may employ additional employees as necessary for the duties of the office. The Office shall:
The bill does not grant the commission authority to:
Grant Program
The Broadband office shall establish a grant program to provide grants to applicants for the expansion of access to broadband service in areas that are unserved in relation to broadband services. The broadband office may provide a grant under this section only for a project to provide broadband service in an unserved area. The following eligibility criteria would be published by the office and require that a Grant applicants are limited to the following:
The application must include:
Before submitting a grant application, an entity must provide notice of the entity’s intent to submit an application to all political subdivisions and hospitals that provide services in or adjacent to the proposed project territory, and .ny Broadband service providers that provide broadband services adjacent to the proposed project territory. The Broadband office may not:
The Broadband Office shall:
The broadband office shall award grants on a competitive basis and only after considering:
In lieu of the considerations detailed above the office shall:
During the 30 period for an application described above, the broadband office shall accept any interested party a written protest of the application relating to whether the applicant or project is eligible for a grant or should not receive a grant baked on the criteria prescribed by the office. The broadband office shall:
A single grant may not exceed $250,000 and may not fund more than 30% of the total cost of the proposed project. The Office may also require an applicant to consolidate multiple projects in a single census block into one grant application. It may also provide a grant in conditional installments to ensure that a grant recipient complies with grant program requirements.
The commission by rule shall adopt minimum service standards for broadband service provided by a grant recipient in the project territory. The commission shall consider standards used by the Federal Communications Commission for recipients of money from the Connect America Fund. The standards must require that during the three-year period following the completion of a project, the grant recipient:
Before rewarding a grant, the broadband office shall enter into a written agreement with the entity to be awarded the grant money specifying the following:
Grant recipients are required to notify the Broadband Office when the project is complete and provide annual reports to the office, during the three-year period following the completion of the project. The office may request information from the recipient to verify the completion of a project, and make recipient reports other such information publicly available.
The Broadband office shall provide a report to the legislature by December 1st of each even-numbered year that includes the amount of money granted during the reporting period, any amount approved but not yet disbursed, the name, location and project description for each grantee, a progress report on ongoing projects and a report on all projects to be completed during the reporting period.
The broadband investment account is an account in the general revenue fund. The account consists of:
Money in the Account may be appropriated only to the broadband office for purposes of the grant program and is exempt from the “Dispositions of Interest on Investments” sub-section of the State Treasury Operations of Comptroller section of the Texas Government Code. The office may accept gifts, grants and donations from any source that are made for the purposes of the grant program and shall deposit to the credit of the account money received under this section.
This Commission would implement and administer the grant program and would take effect on 09/01/2021.
The Bill also established the following definitions:
Author Chalres Perry
Rating: GOOD
There are several parts to this bill, all relating to the establishment, execution and administration of the Rural Broadband Service Program. This bill does not grant the Texas Utilities Commission authority to regulate broadband services or broadband service providers.
Subchapter I. Rural Broadband Service Program
Under this new subchapter, the commission would provide funding to offer retail broadband service in underserved rural areas in the state of Texas at rates comparable to the benchmark rates established by the Federal Communications commission. Support received by means of this new subchapter would not be used for any other such purposes.
The commission would adopt a criteria for areas of Texas to qualify as ‘underserved rural areas’, in order to participate in the program. A broadband service provider would be required to notify the commission of their election to participate in the program and pay the uniform charge before receiving support under the ‘Uniform Charge’ section of the Telecommunications Utilities sub-section of the Public Utility Regulatory act section of the Texas Utilities Code.
Jurisdiction Over Broadband Service Providers
This bill amends the Texas utilities code so that the Texas Utilities Commission has jurisdiction over broadband service providers, solely in relation to their [provider’s] elected participation in a Universal Service Fund program that would be used to fund the following items:
Universal Service Fund
The bill establishes that the Universal Service Fund is funded by a statewide uniform charge payable by:
The Commission may establish separate uniform charges for the telecommunications providers and broadband service providers, and money from the uniform charge on telecommunications providers may only be used to fund the programs specifically listed under the ‘Universal Service Fund Established’ section of the Telecommunications Assistance And Universal Service Fund sub-section of the Texas Utilities Code. Money from the uniform charge on broadband service providers that elect to participate in the program under subchapter I may only be used to fund that program.
The commission may assess a uniform charge on a broadband service provider only if the provider notifies the commission of the provider’s election to participate in the newly established program. Service providers are allowed at any time to notify the commission of their intention to discontinue participation in the program. Discontinuation would be effective 60 days after notification.
Electing Broadband Service Providers
The Commission will adopt eligibility criteria for broadband service providers that elect to participate in the new program and review procedures, including a method for administrative review to fund the universal service fund purposes of subchapter I and to make distributions from that fund to electing broadband service providers. It will also determine which electing broadband service providers meet the eligibility criteria and approve procedures for the collection and disbursal, to electing broadband service providers of the revenue of the universal service fund received from electing broadband service providers.
Reporting
The Commission would be able to require telecommunications providers participating in the Rural Broadband Service Program to provide reports and necessary information to assess contributions, broadband charges and disbursements to the universal service fund. Such reports would be confidential and not subject to disclosure.
Network Standards
The commission would establish a set of standards for networks that are built or maintained using support from the Rural Broadband Service Program. They would require a network to provide broadband service and to be consistent with standards established by the Federal Government.
The Commission would adopt rules to ensure that support provided by this program is calculated in accordance and consistency with standard accounting principles and would take place 09/01/2021.
Definitions
The following definitions are established by this bill:
Author Ken King
Rating: GOOD
This bill amends the Health and Human Services Government code so that the Health and Human Services Commission will develop and implement an action plan to expand the use of telemedicine/telehealth services so that such services are accessible by Texas residents, while making them more available to residents in areas determined to be medically underserved, such as rural areas and areas adjacent to the international border.
In developing and implementing the plan, the commission shall seek the assistance of:
The commission would also consult with Health care providers, advocacy groups, relevant federal agencies and any other interested persons that the commission considers necessary to the development of this plan. The plan would have to include:
No later than 09/01/2023, with all set to expire on 09/01/2032, the commission shall:
Author Phillip Cortez
Rating: GOOD
Amends the Texas Education Code so that the Commissioner of Higher Education shall establish a competitive professional grant program to encourage teachers to obtain a computer science certification and continue professional development in coding, computational thinking, and computer science education.
Using funds allocated specifically for this purpose, the Commissioner shale make grants eligible to providers that offer:
To be eligible to receive a grant, a provider must:
Eligible providers that ultimately receive a grant must:
An ‘Institution of Higher Education’ is defined as Any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in the “Texas Higher Education Coordinating Board” chapter of the Education code.
The total amount in grants awarded is not to exceed $4 million each state biennium, and the commissioner may adopt necessary rules to implement the changes described in this bill. The Commissioner shall establish the grant program by 12/31/2021.
Author Mary Gonzalez
Rating: GOOD
Amends the Local Government Code so that the definition of “Personal Property” in relation to furnishing governmental agencies with a feasible means to purchase, acquire, use and finance public property, includes electricity and cloud computing services.
Author Judith Zaffirini
Rating: GOOD
Requires the Executive and Legislative branches of the state government to broadcast video and audio of open meetings over the internet and make them available on their websites no later than a week after the meetings take place. The governmental entities would also be required to archive those broadcasts on their websites for two years.
These governmental bodies would be exempt from broadcasting these videos in the event of catastrophe and technical breakdowns. Following these setbacks, they would be required to make the video and audio of the meeting available in a timely manner.
Applicable government bodies would contract broadcasting services through competitive bidding with private individuals and/or entities.
Only government entities with 250+ employees, or entities that receive $40 million or more in general revenue are designated by the stipulations of this bill.
Author Donna Howard
Rating: GOOD
Amends the election code to require the secretary of state to establish a place on its website where potential voters can complete and submit a voter registration application. The website would be required to have a visible and noticeable description of the offense of making false statements on a registration application. The description would need to be in a location near the beginning or submission areas of the application. The state electronic Internet portal project would be used to authenticate the identity of electronic applicants
Applicants with unexpired driver’s licenses or personal identification cards issued in the state would be required to attest to affirmatively accept the information on the identification document as true, and consent to the use of the signature on the license or identification card for voter registration purposes. The Department of Public Safety would be required to obtain a digital copy of applicants’ signatures as well.
Applicants without an unexpired driver’s license would be required to affirmatively accept the information on the identification document as true, and print a registration application from the website that the applicant is using to register, sign the application and mail it to the registrar. These applicants would also be provided with information on how to obtain a driver’s license or personal identification card from the Department of Public Safety.
The secretary of state would be required to adopt the necessary rules for implementing this website, including how to provide additional security measures to ensure the accuracy and integrity of applications submitted electronically. Any applications submitted in this manner would be categorized as applications submitted via mail.
Author Celia Israel
Rating: GOOD
Requires Educators to receive instruction in digital learning, virtual learning, virtual instruction and a digital literacy evaluation. It further states that the received instruction must be aligned with standards set by the International Society for Technology in Education’s standards for Teachers.
The instruction that’s provided must:
The following terms are formally defined:
Author: Angela Paxton
Rating: GOOD
This bill would establish that a STEM Program is defined as a science, technology, engineering or mathematics program, as well as a STEM Program scholarship.
The scholarship would be awarded to eligible students and would be funded by the State of Texas general revenue funds.
STEM Program scholarships would be awarded before the 2023 – 2024 Academic year.
Author James White
Rating: Good