Legislative Blog
J.B. Williams, J.D.
Broadband Infrastructure Fund
A Blog about Broadband Infrastructure Fund
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically Broadband Infrastructure Fund as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of Broadband Infrastructure Fund
Another fund outside the general revenue fund where the taxpayer has less incite and will have substantially more difficult in following their money.
Blog Summary
Broadband infrastructure found outside the general revenue fund. While this would have a limited lifespan, in theory, it still shifts tax dollar to be spent outside of the legislative control. This has resulted in horrid results in our Federal spending, and creating a multitude of similar funds in Texas will not end in better results.
Broadband Infrastructure Fund
Published: 2023-10-17
This is again setting up a fund outside the direct Legislative control, so I am again not in favor of this. This one does come with a natural end, although that could be expanded. Worry here is the it is expanded due to 'continued' need, and then another Resolution is proposed making it a permanent feature. I also believe this would lead to shifting fees from general revenue that everyone currently pays for broadband, and there being a 'need' for more funds. That in turn would lead to higher fees for everyone with little to no real substantial change.
The Federal government has already set excess funds to be expended for this. While I do not believe it is something they should be doing, it is in legislation that is already law. I would feel much better about the excess spending of taxpayer money if our legislature remaining in the loop to make appropriations as necessary rather than tossing it outside their purview. Plus they make it seem like the Comptroller will be in charge, but they can merely divert funds elsewhere. And then the general taxpayer will not see exactly where those are being placed, at least not without a great deal of effort.
I want transparency in spending taxpayer dollars so the Legislature needs to keep these funds where they receive funds by appropriations from them and not in an outside fund.
This bill proposes a Constitutional broadband internet fund to expand high-speed broadband access and assist in the financing of connectivity. This would again be a fund outside the general revenue fund that the State Treasury tracks and the legislature appropriates from.
The fund would be credited with:
- money deposited to the fund by the Constitution, general law, or general appropriations;
- revenue that is diverted from the general revenue fund to this fund;
- investment earnings and interest earned on the money in the fund;
- gifts, grants, and donations to the fund.
The Comptroller of public accounts of Texas would be the administrator. While the Comptroller is the administrator, they may transfer the funds into other funds. The other funds would then only be subject to the limitations on use as stated herein.
The funds may be used only for the expansion of access to and adoption of broadband and telecommunications services, including:
- development, constructions or reconstruction, and expansion of;
- operation of;
- provisions of services;
- reasonable expenses of administering and managing the funds.
The legislature shall provide the manner in which the assets may be used, subject to any limitations herein.
The above would expire on September 1, 2035 unless 2/3 of each house of the legislature voted to extend it for a period of 10 years. Prior to the expiration the Comptroller shall transfer remaining funds back to the general revenue fund.
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