CHAPTER 2170. TELECOMMUNICATIONS SERVICES

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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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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