HB 22

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 22 amends the Government Code to expand the permissible uses of the Broadband Infrastructure Fund, a financial vehicle administered by the Texas Comptroller, to include support for emergency communication infrastructure. The legislation authorizes the fund to be used for deploying and operating early warning systems for natural disasters and emergencies, as well as interoperable emergency communication equipment, including funding for equipment, operation, and administrative costs.

The bill also modifies Section 490I.0106(d) to strengthen restrictions on broadband awards, preventing favoritism toward specific technologies and avoiding redundant state funding where federal broadband commitments already exist. Additionally, HB 22 creates a new section, 490I.01063, which empowers the Broadband Development Office to award contracts, grants, and loans for emergency systems and communication equipment. It further authorizes the office to coordinate with the Governor’s Office and the Texas Division of Emergency Management in executing these objectives.

The intent of HB 22 is to enhance Texas's emergency response capabilities and improve communication infrastructure, especially in the context of natural disasters. It aligns broadband development with public safety goals by leveraging existing state resources for dual-use applications. However, while the bill expands capabilities, it also raises questions about scope, oversight, and long-term fiscal impact, as it significantly broadens the fund’s original purpose beyond broadband connectivity to include public safety infrastructure.
Author (3)
Greg Bonnen
Armando Martinez
A.J. Louderback
Co-Author (75)
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 22 is not expected to have a significant fiscal impact on the state. The bill broadens the scope of permissible expenditures from the Broadband Infrastructure Fund (BIF) to include support for emergency communications infrastructure, including early warning systems and interoperable communication equipment. According to the LBB, while the specific amounts and timing of financial assistance, such as grants or loans, are not known, these activities would be funded from allocations already appropriated to the BIF. Therefore, no new appropriations would be required under the bill as introduced.

The Comptroller’s office notes that any grants or loans awarded under this bill would effectively reallocate funds from other authorized BIF uses to the new emergency communication purposes. This internal reallocation means that while the scope of activities expands, the financial ceiling remains unchanged, mitigating the potential for broader fiscal disruption. However, the actual fiscal effect depends on how aggressively the Broadband Development Office (BDO) chooses to deploy funds for these new purposes.

At the local level, the bill could produce an indeterminate revenue gain for some units of local government. This gain would occur to the extent that local entities receive funding for emergency communication infrastructure, but because the exact timing and distribution of such awards are unknown, the local fiscal impact cannot currently be quantified. In summary, HB 22 represents a policy shift in fund usage without requiring additional state spending, though it may shift priorities within the existing BIF allocation.

Vote Recommendation Notes

HB 22 proposes to expand the authorized uses of the Broadband Infrastructure Fund (BIF) to include early warning and emergency communication systems. While the stated intent is to improve public safety and emergency responsiveness in the wake of recent natural disasters, the bill represents a substantive policy shift by broadening the scope and function of a fund that was originally created for broadband deployment. Though the measure does not require new appropriations, it reallocates resources from a previously defined infrastructure purpose to new and distinct categories of emergency management, thereby setting a precedent for mission creep and structural expansion of the state’s role in infrastructure planning.

The bill grants the Broadband Development Office (BDO) broad authority to issue grants, loans, and other financial incentives for the operation of early warning systems and interoperable communication infrastructure. These activities, while potentially beneficial, go beyond the core objectives for which the BIF was established. They embed emergency management responsibilities into a program originally framed as a market-oriented response to broadband access challenges. This blending of broadband and emergency services policy dilutes the program’s focus and increases the risk that future legislatures will continue expanding the fund's remit to cover a wider array of projects not contemplated at its inception.

From a limited-government perspective, HB 22 expands the footprint of state intervention into markets that already feature private-sector participants and voluntary cooperative efforts. Interoperable communications systems, particularly those leveraging satellite and mobile technology, are readily available from commercial providers, many of whom are already innovating in the emergency services space. By inserting the state into this sector with a discretionary grant and loan authority, HB 22 may reduce the incentive for private or philanthropic actors to develop or scale sustainable alternatives. This risks creating dependencies on public funding streams for infrastructure projects that could otherwise be financed or implemented through public-private partnerships or local initiatives.

While the bill does not impose new regulations on individuals or directly infringe on constitutional rights, it does carry indirect implications for liberty and free enterprise. It invites expanded state involvement in infrastructure deployment decisions and operational planning, which traditionally fall under the purview of local governments or private service providers. The centralization of funding authority in the BDO may also shift decision-making further away from affected communities, undermining local responsiveness and accountability.

Furthermore, the bill’s passage may entrench the BIF as a long-term tool for statewide infrastructure financing that evolves well beyond its original broadband mission. Without built-in sunset provisions, funding caps for new uses, or transparency requirements regarding program outcomes, the measure raises concerns about fiscal discipline and long-term governance. The lack of constraint around the coordination role with the Governor’s Office and Texas Division of Emergency Management adds to the ambiguity surrounding oversight and effectiveness.

In conclusion, while HB 22 is framed as a public safety enhancement, it effectively transforms a specialized and socialized infrastructure fund into a broader emergency response financing mechanism. This structural expansion of scope, absent new appropriations, nonetheless reflects a shift in policy that is inconsistent with principles of limited government, competitive markets, and program discipline. On these grounds, and consistent with previous opposition to similar legislation (HB 18), Texas Policy Research recommends that lawmakers vote NO on HB 22.

  • Individual Liberty: The bill does not directly infringe on constitutional rights or personal freedoms. It neither imposes mandates on individuals nor creates criminal offenses or civil penalties. However, by expanding state authority into areas traditionally served by voluntary civil society (such as local emergency response systems or private communication networks), the bill indirectly shifts more responsibility for public safety solutions into the hands of the state. Over time, this may narrow the scope for individuals and communities to choose independent, market-based emergency tools or technologies, thereby limiting the diversity of options available outside state-funded systems.
  • Personal Responsibility: The bill centralizes emergency communications functions within the state, with the Broadband Development Office authorized to issue grants and loans to develop and operate systems that local governments, private industry, or community-based organizations might otherwise take the initiative to implement. While well-intentioned, this approach risks disincentivizing local innovation or self-reliance by making state assistance the default pathway. It reduces the pressure on local actors to plan, fund, or manage their own emergency systems and may ultimately shift accountability for readiness away from those closest to the point of need.
  • Free Enterprise: The expansion of the Broadband Infrastructure Fund to include emergency communication systems introduces a new state funding mechanism into a space where private providers, such as satellite internet firms, radio equipment suppliers, and emergency tech startups, already compete. By directing public funds toward specific infrastructure categories, the bill could distort market signals, favor particular vendors, and crowd out more innovative or efficient private-sector alternatives. This is particularly concerning in rapidly evolving technological domains, where public subsidies can hinder natural competition and delay adoption of superior, market-driven solutions.
  • Private Property Rights: The bill does not include any provisions related to eminent domain, zoning, or regulatory takings, nor does it impose new restrictions on how individuals or entities use their property. However, if grant-funded projects are used to justify or catalyze new public infrastructure development (e.g., towers, antennas, or communication nodes), it is conceivable that subsequent infrastructure siting decisions could implicate private land. As written, the bill does not violate property rights, but potential secondary effects should be monitored closely as implementation progresses.
  • Limited Government: This is the principle most clearly impacted by the bill. The bill expands the mission of the Broadband Infrastructure Fund from broadband deployment to a significantly broader scope, including emergency management functions. This transformation embeds the state more deeply into infrastructure and disaster-response planning and blurs the original purpose of the fund. Though the bill does not require new appropriations, it reallocates existing taxpayer resources and broadens the function of a state agency without establishing new guardrails or oversight mechanisms. For those committed to limiting government to its core functions and resisting policy creep, this expansion is a clear departure from the principle of narrowly tailored, accountable governance.
View Bill Text and Status