CHAPTER 2170. TELECOMMUNICATIONS SERVICES
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2170. TELECOMMUNICATIONS SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2170.001. DEFINITIONS. (a) In this chapter:
(1) "Telecommunications services" means intercity communications
facilities or services. The term does not include single agency
point-to-point radio systems or facilities or services of
criminal justice information communication systems.
(2) "Consolidated telecommunications system" means the network
of telecommunications services serving the state government.
(3) "Department" means the Department of Information Resources.
(b) In this section, any dedicated circuits included as part of
the consolidated telecommunications system are considered to
begin and end at the main connecting frame.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.15, eff.
Sept. 1, 2001.
For expiration of this section, see Section 2151.0041
Sec. 2170.0011. TRANSFER OF DUTIES; REFERENCE. (a) Any
remaining powers and duties of the commission under this chapter
are transferred to the comptroller.
(b) Subject to Section 2151.004(b), in this chapter a reference
to the commission means the comptroller.
Added by Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.33, eff. September 1, 2007.
Sec. 2170.0012. AUTHORITY TO ADOPT RULES. The comptroller may
adopt rules to efficiently and effectively administer the
comptroller's powers and duties under this chapter. Before
adopting a rule under this section, the comptroller must conduct
a public hearing regarding the proposed rule regardless of
whether the requirements of Section 2001.029(b) are met.
Added by Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.33, eff. September 1, 2007.
Sec. 2170.002. DEPARTMENT RESPONSIBLE FOR OBTAINING
TELECOMMUNICATIONS SERVICES. The department is the state agency
responsible for obtaining telecommunications services.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.16, eff.
Sept. 1, 2001.
Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT. (a)
The department may own, lease, or lease-purchase in accordance
with Chapters 2155, 2156, 2157, and 2158 any or all of the
facilities or equipment necessary to provide telecommunications
services. The department may acquire telecommunications services
without competitive bid from the Lonestar Education and Research
Network (LEARN) or its successors for the purposes established in
Subsection (b).
(b) During an emergency, a single node failure or a systemwide
failure of the consolidated telecommunications system, the
department may divert telecommunications services traffic to the
Lonestar Education and Research Network to avoid service
interruption. Upon resolution of the emergency and upon
determination that the consolidated telecommunications system is
operational, traffic will be diverted back to the consolidated
telecommunications system. The department may also use the
Lonestar Education and Research Network for the purposes of
latency tolerant data transfer of files to or from a consolidated
state data center established and operated by the department.
The Lonestar Education and Research Network shall be exclusively
used by the department only for the purposes set out in this
section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.17, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1068, Sec. 1.09, eff. September 1, 2005.
Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
AGENCIES. The department may contract for use of the
consolidated telecommunications system with:
(1) each house of the legislature;
(2) a legislative agency;
(3) an agency that is not a state agency as defined by Section
2151.002;
(4) a political subdivision, including a county, municipality,
or district;
(5) a private institution of higher education accredited by a
recognized accrediting agency, as defined by Section 61.003,
Education Code, that:
(A) engages in distance learning, as defined by Section 57.021,
Utilities Code; and
(B) receives federal funds for distance learning initiatives;
and
(6) an assistance organization, as defined by Section 2175.001.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.18, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
393, Sec. 2.05, eff. September 1, 2009.
Sec. 2170.005. POLICIES, GUIDELINES, AND OPERATING PROCEDURES.
(a) To ensure efficient operation of the consolidated
telecommunications system at minimum cost to the state, the
department shall adopt and disseminate to all agencies
appropriate guidelines, operating procedures, and telephone
directories.
(b) Each agency shall comply with the policies, guidelines, and
operating procedures.
(c) Telephone directories published by the department under this
section and Section 2170.059 must be revised regularly and must
list state telephone numbers alphabetically by the subject matter
of agency programs as well as alphabetically by agency. The
subject matter listing of programs and telephone numbers in the
telephone directories must be consistent with the categorization
developed by the Records Management Interagency Coordinating
Council under Section 441.203. The department may authorize,
under procedures and rules considered appropriate by the
department, a yellow pages advertising section in the directories
to recover development, publication, and distribution costs of
the directories.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1186, Sec. 3, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1422, Sec. 4.19, eff.
Sept. 1, 2001.
Sec. 2170.008. RATE INTERVENTION. (a) If the department
determines there is sufficient economic impact on state
government, the department may intervene on behalf of state
agencies in telecommunications rate cases and may hire special
counsel and expert witnesses to prepare and present testimony.
(b) The attorney general shall represent the department before
the courts in all appeals from rate cases in which the department
intervenes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.21, eff.
Sept. 1, 2001.
Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay telephone
may be located in the capitol complex only with the approval of
the department. The department shall collect the revenue from the
installation and operation of the pay telephone and deposit it to
the credit of the general revenue fund.
(b) In a state-owned or state-leased building or on state-owned
land to which Subsection (a) does not apply, a pay telephone may
be installed only with the approval of the governing body of the
state entity that has charge and control of the building or land.
The entity shall collect the revenue from the installation and
operation of the pay telephone and deposit it to the credit of
the general revenue fund unless the disposition of the revenue is
governed by other law.
(c) The department or other state entity shall account for the
revenue collected under this section in the entity's annual
report.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.29, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.22, eff.
Sept. 1, 2001.
Sec. 2170.010. UNLISTED TELEPHONE NUMBERS PROHIBITED. A state
agency and its officers and employees may not buy, rent, or pay
toll charges for a telephone for which the telephone number is
not listed or available from directory assistance to the general
public unless the unlisted telephone number is used:
(1) to provide access to computers, telephone system control
centers, long-distance networks, elevator control systems, and
other tone-controlled devices for which restricted access to the
telephone number is justified for security or other purposes;
(2) in narcotics undercover operations;
(3) in the detection of illegal sales of securities; or
(4) in the investigation of motor fuels tax fraud.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.29, eff. Sept. 1,
1999.
SUBCHAPTER B. SYSTEM OF TELECOMMUNICATIONS SERVICES
Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
department shall manage the operation of a system of
telecommunications services for all state agencies. Each agency
shall identify its particular requirements for telecommunications
services and the site at which the services are to be provided.
(b) The department shall fulfill the telecommunications
requirements of each state agency to the extent possible and to
the extent that money is appropriated or available for that
purpose.
(c) A state agency shall use the consolidated telecommunications
system to the fullest extent possible. A state agency may not
acquire telecommunications services unless the department's
executive director determines that the agency's requirement for
telecommunications services cannot be met at a comparable cost by
the consolidated telecommunications system.
(d) A state agency may not enter into or renew a contract with a
carrier or other provider of telecommunications services without
obtaining a waiver from the department's executive director
certifying that the requested telecommunications services cannot
be provided at a comparable cost on the consolidated
telecommunications system. The executive director shall evaluate
requests for waivers based on cost-effectiveness to the state
government as a whole. A waiver may be granted only for a
specific period and will automatically expire on the stated
expiration date unless an extension is approved. A contract for
telecommunications services obtained under waiver may not extend
beyond the expiration date of the waiver. If the executive
director becomes aware of any state agency receiving
telecommunications services without a waiver, the executive
director shall notify the agency and the comptroller. The state
agency shall have 60 days after notification by the executive
director in which to submit a waiver request documenting the
agency's reasons for bypassing the consolidated
telecommunications system and otherwise providing all information
required by the waiver application form.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.30, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 4.23, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1068, Sec. 1.10, eff. September 1, 2005.
Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND EXISTING
FACILITIES. In the planning, design, implementation, and
operation of the consolidated telecommunications system, the
department shall maintain an appropriate balance between the
adoption of technological advancements and the efficient use of
existing facilities and services to avoid misapplication of state
money and degradation or loss of the integrity of existing
systems and facilities.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.24, eff.
Sept. 1, 2001.
Sec. 2170.053. SHARING OF SERVICES. (a) To avoid waste of
state money and personnel, telecommunications services shall be
provided on an integrated or shared basis, or both, to the extent
feasible and advisable, among entities authorized to use the
consolidated telecommunications system under this chapter.
(b) Sharing or integrated use does not constitute the resale or
carriage of services and does not subject the system to
regulation or reporting under Title 2, Utilities Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.27, eff.
Sept. 1, 1999.
Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All contracts
with telecommunications carriers shall provide that the
department or any participating agency may obtain any information
relating to the costs to the state of parallel tolls.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.25, eff.
Sept. 1, 2001.
Sec. 2170.057. PAYMENT FOR SERVICES. (a) The department shall
develop a system of billings and charges for services provided in
operating and administering the consolidated telecommunications
system that allocates the total state cost to each entity served
by the system based on proportionate usage.
(b) The comptroller shall establish in the state treasury a
revolving fund account for the administration of this chapter.
The account shall be used as a depository for money received from
entities served. Receipts attributable to the centralized capitol
complex telephone system shall be deposited into the account but
separately identified within the account.
(c) To provide an adequate cash flow as necessary for purposes
of this chapter, using state agencies and other entities, on
proper notification, shall make monthly payments into the
telecommunications revolving fund account from appropriated or
other available money. The legislature may appropriate money for
operating the system directly to the department, in which case
the revolving fund account shall be used to receive money due
from local governmental entities and other agencies to the extent
that their money is not subject to legislative appropriation.
(d) The department shall maintain in the revolving fund account
sufficient amounts to pay the bills of the consolidated
telecommunications system and the centralized capitol complex
telephone system. The department shall certify amounts that
exceed this amount to the comptroller, and the comptroller shall
transfer the excess amounts to the credit of the statewide
network applications account established by Section 2054.011.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.31, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 4.26, eff.
Sept. 1, 2001.
Sec. 2170.058. USE OF SYSTEM BY CERTAIN STUDENTS. (a) An
institution of higher education under Section 61.003, Education
Code, that is authorized to use the system of telecommunications
services established under this chapter may allow students of the
institution who reside in housing for which the institution
provides telephone service to use the system of
telecommunications services. An institution shall recover from a
student who chooses to use the system the full pro rata cost
attributable to that student's use, including costs identifiable
for interconnection to and use of the local publicly switched
network.
(b) The department shall adopt rules that govern student access
to the system, including:
(1) times of access to the system; and
(2) the full recovery of actual costs from each student who uses
the system.
(c) In consideration of the duties and responsibilities given
the department under this chapter, it is the policy of this state
that a state agency or unit of state government may not provide
telecommunications products or services to the general public in
competition with private enterprise unless there is a finding
that providing the products or services is in the public
interest. This subsection does not prohibit students who reside
in housing for which institutions of higher education provide
telephone service from using service provided under this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.27, eff.
Sept. 1, 2001.
Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
(a) The department shall provide centralized telephone service
for state agencies, each house of the legislature, and
legislative agencies in the capitol complex. State agencies in
the capitol complex shall use the service. Each house of the
legislature and each legislative agency shall use the service at
the discretion of the legislature. The department may provide the
service to other state agencies that subscribe to it.
(b) Each using entity shall make monthly payments to the
department when billed by the department.
(c) Each using entity may arrange for its own terminal telephone
equipment, but the equipment must be compatible with the
centralized telephone service. The department shall make terminal
equipment available for using entities that choose to use that
terminal equipment.
(d) The department annually shall prepare and issue a revised
centralized telephone service directory not later than March 31.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.28, eff.
Sept. 1, 2001.