| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the operations, communications, and notice procedures |
|
|
of state agencies and political subdivisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 322, Government Code, is amended by |
|
|
adding Section 322.025 to read as follows: |
|
|
Sec. 322.025. STUDY ON MAIL OPERATIONS. (a) The board |
|
|
shall conduct a study on the mail operations of each state agency in |
|
|
the executive branch of state government that receives an |
|
|
appropriation. The study must identify provisions of law relating |
|
|
to the mailing requirements for the agency that impede the |
|
|
efficient transmission and receipt of documents by the agency. |
|
|
(b) In conducting the study, the board shall collaborate |
|
|
with other state agencies to consider the needs or concerns |
|
|
specific to those agencies. |
|
|
(c) Not later than November 1, 2022, the board shall post |
|
|
the findings of the study conducted under this section on the |
|
|
board's Internet website. |
|
|
(d) This section expires September 1, 2023. |
|
|
SECTION 2. Subchapter A, Chapter 441, Government Code, is |
|
|
amended by adding Section 441.0135 to read as follows: |
|
|
Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January |
|
|
1 of each odd-numbered year, the commission shall submit to the |
|
|
governor and the Legislative Budget Board a written report |
|
|
regarding all statutorily required reports prepared by and |
|
|
submitted to a state agency as defined by Section 441.180. The |
|
|
commission may consult with other state agencies in preparing the |
|
|
report. A state agency shall cooperate with the commission in |
|
|
securing the information necessary to prepare the report. The |
|
|
commission shall prescribe the method by which a state agency |
|
|
transmits to the commission information necessary to prepare the |
|
|
report, and may require the information to be submitted using the |
|
|
state electronic Internet portal. The report must include for each |
|
|
statutorily required report: |
|
|
(1) the title of and the agency preparing the report; |
|
|
(2) the statutory authority requiring the report; |
|
|
(3) the recipient of the report; |
|
|
(4) the deadline for submitting the report; |
|
|
(5) a brief description of the report; and |
|
|
(6) an assessment from each recipient of the report |
|
|
whether the report is necessary. |
|
|
(b) The report required by Subsection (a) must be: |
|
|
(1) made available to the public; and |
|
|
(2) indexed by preparing agency, title of report, and |
|
|
report recipient. |
|
|
SECTION 3. Subchapter L, Chapter 441, Government Code, is |
|
|
amended by adding Section 441.1856 to read as follows: |
|
|
Sec. 441.1856. TEXAS DIGITAL ARCHIVE. (a) The commission |
|
|
shall maintain and operate a digital repository for the |
|
|
preservation of and access to permanently valuable archival state |
|
|
records, reports, and publications. |
|
|
(b) The commission, in collaboration with the Department of |
|
|
Information Resources, shall develop a strategy, consistent with |
|
|
state records management and archival practices, for state agencies |
|
|
to transfer appropriate archival state records and publications |
|
|
that are in electronic format to the commission for inclusion in the |
|
|
digital repository described by Subsection (a). |
|
|
SECTION 4. Section 2001.026, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE |
|
|
OF PROPOSED RULES. A state agency shall provide [mail] notice of a |
|
|
proposed rule to each person who has made a timely written request |
|
|
of the agency for advance notice of its rulemaking proceedings. The |
|
|
agency may provide the notice by e-mail if the person requests |
|
|
electronic delivery of the notice and includes an e-mail address in |
|
|
the person's written request submitted to the agency. Failure to |
|
|
provide [mail] the notice does not invalidate an action taken or |
|
|
rule adopted. |
|
|
SECTION 5. Chapter 2052, Government Code, is amended by |
|
|
adding Subchapter E to read as follows: |
|
|
SUBCHAPTER E. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS |
|
|
Sec. 2052.401. DEFINITION. In this subchapter, "state |
|
|
agency" means a department, commission, board, office, council, |
|
|
authority, or other agency that is in the executive, legislative, |
|
|
or judicial branch of state government and that is created by the |
|
|
constitution or a statute of this state, including a university |
|
|
system or institution of higher education as defined by Section |
|
|
61.003, Education Code. |
|
|
Sec. 2052.402. TRANSMISSION AND RECEIPT OF DOCUMENTS. (a) |
|
|
A state agency may transmit and receive state documents in a format |
|
|
prescribed by the agency and in any manner that the agency |
|
|
determines will increase agency efficiency without compromising |
|
|
the delivery of the agency's program to the public. |
|
|
(b) A state agency that transmits and receives state |
|
|
documents using the Internet or another electronic medium shall by |
|
|
rule develop electronic communication procedures for the agency. |
|
|
(c) Notwithstanding Subsection (a) of this section, a state |
|
|
agency may continue to use established procedures prescribed by |
|
|
state law or agency policy for the transmission and receipt of |
|
|
documents, including the delivery of certain publications that |
|
|
exist in physical format to a depository library as required by |
|
|
Section 441.103. |
|
|
(d) This section does not authorize the electronic |
|
|
transmission or receipt of documents that are prohibited from being |
|
|
electronically transmitted or received under federal law. |
|
|
(e) To the extent of any conflict, this section prevails |
|
|
over any other state law relating to the transmission and receipt of |
|
|
state agency documents. |
|
|
(f) A state agency shall include in the agency's legislative |
|
|
appropriations request submitted to the Legislative Budget Board |
|
|
for the state fiscal biennium beginning September 1, 2023, a report |
|
|
on any cost savings or achievements in efficiency recognized from |
|
|
implementing a change in the agency's procedures for the |
|
|
transmission and receipt of state documents during the state fiscal |
|
|
biennium ending August 31, 2023. This subsection expires September |
|
|
1, 2024. |
|
|
SECTION 6. Section 243.015, Health and Safety Code, is |
|
|
amended by amending Subsection (e) and adding Subsections (e-1) and |
|
|
(e-2) to read as follows: |
|
|
(e) If the department initially determines that a violation |
|
|
occurred, the department shall give written notice of the report |
|
|
[by certified mail] to the person. Notwithstanding any other law, |
|
|
the notice may be provided by any certified delivery method, |
|
|
including certified mail or certified e-mail. |
|
|
(e-1) If the notice under Subsection (e) is sent by |
|
|
certified e-mail: |
|
|
(1) it must be sent to the person's last known e-mail |
|
|
address as provided by the person to the department; and |
|
|
(2) the department shall maintain proof that the |
|
|
notice was sent. |
|
|
(e-2) For purposes of Subsection (e), a person's provision |
|
|
of an e-mail address to the department is considered consent to |
|
|
electronically deliver notices and correspondence to the person. |
|
|
SECTION 7. Section 11.082(a), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(a) A state agency or political subdivision may not formally |
|
|
take any action that may affect state land dedicated to the |
|
|
permanent school fund without first giving notice of the action to |
|
|
the board. Notice of the proposed action shall be delivered [by |
|
|
certified mail, return receipt requested, addressed to the deputy |
|
|
commissioner of the asset management division of the General Land |
|
|
Office] on or before the state agency's or political subdivision's |
|
|
formal initiation of the action by: |
|
|
(1) certified mail, return receipt requested, |
|
|
addressed to the deputy commissioner of the asset management |
|
|
division of the General Land Office; or |
|
|
(2) certified e-mail to an e-mail address specified by |
|
|
the deputy commissioner for the purpose of receiving the notice. |
|
|
SECTION 8. The changes in law made by this Act relating to |
|
|
the method of delivery or submission of a notice or report apply |
|
|
only to a notice or report that is required to be delivered or |
|
|
submitted on or after the effective date of this Act. A notice or |
|
|
report required to be delivered or submitted before the effective |
|
|
date of this Act is governed by the law in effect on the date the |
|
|
notice or report was required to be delivered or submitted, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 9. This Act takes effect September 1, 2021. |