Bill Caption

Relating to middle mile broadband service provided by an electric utility.

Fiscal Notes

Estimated two-year net impact to general revenue related funds for HB 3853, as engrossed: a negative impact of ($214,432) through the biennium ending August 31, 2023.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

HB 3853 would allow electric utilities to lease their excess fiber capacity on existing or future middle mile infrastructure to internet service providers subject to a number of conditions. Additionally, electric utilities would be allowed to to own, construct, maintain, and operate fiber optic cables and other facilities used for middle mile broadband. The Public Utility Commission of Texas would be required to adopt rules to determine the terms, conditions, and pricing for middle mile assets and all plans for a middle mile broadband project must be approved by the PUC.

Vote Recommendation Notes

HB 3853 is permissive legislation granting electric utility providers the ability to lease their excess middle mile broadband fiber capacity to internet service providers, with approval from the PUC. This would allow ISPs to piggyback off of existing infrastructure. Texas Action remains neutral on HB 3853.