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A BILL TO BE ENTITLED
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AN ACT
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relating to the operations, communications, and notice procedures |
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of state agencies and political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 441, Government Code, is |
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amended by adding Section 441.0135 to read as follows: |
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Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January |
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1 of each odd-numbered year, the commission shall submit to the |
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governor and the Legislative Budget Board a written report |
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regarding all statutorily required reports prepared by and |
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submitted to a state agency as defined by Section 441.180. The |
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commission may consult with other state agencies in preparing the |
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report. A state agency shall cooperate with the commission in |
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securing the information necessary to prepare the report. The |
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commission shall prescribe the method by which a state agency |
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transmits to the commission information necessary to prepare the |
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report, and may require the information to be submitted using the |
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state electronic Internet portal. The report must include for each |
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statutorily required report: |
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(1) the title of and the agency preparing the report; |
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(2) the statutory authority requiring the report; |
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(3) the recipient of the report; |
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(4) the deadline for submitting the report; |
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(5) a brief description of the report; and |
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(6) an assessment from each recipient of the report |
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whether the report is necessary. |
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(b) The report required by Subsection (a) must be: |
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(1) made available to the public; and |
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(2) indexed by preparing agency, title of report, and |
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report recipient. |
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SECTION 2. Section 2001.026, Government Code, is amended to |
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read as follows: |
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Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE |
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OF PROPOSED RULES. A state agency shall provide [mail] notice of a |
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proposed rule to each person who has made a timely written request |
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of the agency for advance notice of its rulemaking proceedings. The |
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agency may provide the notice by e-mail if the person requests |
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electronic delivery of the notice and includes an e-mail address in |
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the person's written request submitted to the agency. Failure to |
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provide [mail] the notice does not invalidate an action taken or |
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rule adopted. |
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SECTION 3. Chapter 2052, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS |
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Sec. 2052.401. DEFINITION. In this subchapter, "state |
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agency" means a department, commission, board, office, council, |
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authority, or other agency that is in the executive, legislative, |
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or judicial branch of state government and that is created by the |
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constitution or a statute of this state, including a university |
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system or institution of higher education as defined by Section |
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61.003, Education Code. |
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Sec. 2052.402. TRANSMISSION AND RECEIPT OF DOCUMENTS. (a) |
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A state agency may transmit and receive state documents in a format |
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prescribed by the agency and in any manner that the agency |
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determines will increase agency efficiency without compromising |
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the delivery of the agency's program to the public. |
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(b) A state agency that transmits and receives state |
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documents using the Internet or another electronic medium shall by |
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rule develop electronic communication procedures for the agency. |
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(c) Notwithstanding Subsection (a) of this section, a state |
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agency may continue to use established procedures prescribed by |
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state law or agency policy for the transmission and receipt of |
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documents, including the delivery of certain publications that |
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exist in physical format to a depository library as required by |
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Section 441.103. |
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(d) This section does not authorize the electronic |
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transmission or receipt of documents that are prohibited from being |
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electronically transmitted or received under federal law. |
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(e) To the extent of any conflict, this section prevails |
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over any other state law relating to the transmission and receipt of |
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state agency documents. |
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(f) A state agency shall include in the agency's legislative |
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appropriations request submitted to the Legislative Budget Board |
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for the state fiscal biennium beginning September 1, 2023, a report |
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on any cost savings or achievements in efficiency recognized from |
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implementing a change in the agency's procedures for the |
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transmission and receipt of state documents during the state fiscal |
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biennium ending August 31, 2023. This subsection expires September |
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1, 2024. |
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SECTION 4. Subchapter F, Chapter 2054, Government Code, is |
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amended by adding Section 2054.1116 to read as follows: |
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Sec. 2054.1116. USE OF STATE ELECTRONIC INTERNET PORTAL FOR |
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CERTAIN REPORTS. (a) To the extent a report prepared by a state |
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agency is not confidential or excepted from the requirements of |
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Section 552.021, the agency shall use the state electronic Internet |
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portal to submit or post the report if the report is required by a |
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statute, rule, or rider in the General Appropriations Act to be |
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submitted to: |
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(1) the governor; |
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(2) a member, agency, or committee of the legislature; |
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(3) another state agency; or |
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(4) the public. |
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(b) The department shall collaborate with the Texas State |
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Library and Archives Commission to develop and provide to each |
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state agency guidelines that assist the agency in determining: |
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(1) the reports prepared by the agency that are |
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appropriate for submission through the state electronic Internet |
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portal; and |
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(2) the retention requirements for those reports. |
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(c) The Texas State Library and Archives Commission shall |
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monitor the effectiveness of state agency use of the state |
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electronic Internet portal for the purposes provided under this |
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section. |
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(d) A state agency that posts a report using the state |
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electronic Internet portal satisfies any requirement in state law |
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that the agency post the report on the agency's Internet website if |
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the agency posts a direct link to the state electronic Internet |
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portal on the agency's Internet website. |
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SECTION 5. Subchapter A, Chapter 2176, Government Code, is |
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amended by adding Section 2176.007 to read as follows: |
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Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a) |
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The comptroller shall conduct a study on the mail operations of each |
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state agency in the executive branch of state government that |
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receives an appropriation. The study must identify provisions of |
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law relating to the mailing requirements for the agency that impede |
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the efficient transmission and receipt of documents by the agency. |
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(b) In conducting the study, the comptroller shall |
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collaborate with other state agencies to consider the needs or |
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concerns specific to those agencies. |
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(c) Not later than November 1, 2022, the comptroller shall |
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post the findings of the study conducted under this section on the |
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comptroller's Internet website. |
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(d) This section expires September 1, 2023. |
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SECTION 6. Section 243.015, Health and Safety Code, is |
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amended by amending Subsection (e) and adding Subsections (e-1) and |
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(e-2) to read as follows: |
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(e) If the department initially determines that a violation |
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occurred, the department shall give written notice of the report |
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[by certified mail] to the person. Notwithstanding any other law, |
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the notice may be provided by any certified delivery method, |
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including certified mail or certified e-mail. |
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(e-1) If the notice under Subsection (e) is sent by |
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certified e-mail: |
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(1) it must be sent to the person's last known e-mail |
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address as provided by the person to the department; and |
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(2) the department shall maintain proof that the |
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notice was sent. |
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(e-2) For purposes of Subsection (e), a person's provision |
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of an e-mail address to the department is considered consent to |
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electronically deliver notices and correspondence to the person. |
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SECTION 7. Section 11.082(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) A state agency or political subdivision may not formally |
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take any action that may affect state land dedicated to the |
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permanent school fund without first giving notice of the action to |
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the board. Notice of the proposed action shall be delivered [by |
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certified mail, return receipt requested, addressed to the deputy |
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commissioner of the asset management division of the General Land |
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Office] on or before the state agency's or political subdivision's |
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formal initiation of the action by: |
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(1) certified mail, return receipt requested, |
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addressed to the deputy commissioner of the asset management |
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division of the General Land Office; or |
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(2) certified e-mail to an e-mail address specified by |
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the deputy commissioner for the purpose of receiving the notice. |
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SECTION 8. A state agency is not required to comply with |
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Section 2054.1116, Government Code, as added by this Act, until the |
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Department of Information Resources notifies the agency that the |
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state electronic Internet portal project is configured to allow |
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compliance by the agency with that section. |
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SECTION 9. The changes in law made by this Act relating to |
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the method of delivery or submission of a notice or report apply |
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only to a notice or report that is required to be delivered or |
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submitted on or after the effective date of this Act. A notice or |
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report required to be delivered or submitted before the effective |
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date of this Act is governed by the law in effect on the date the |
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notice or report was required to be delivered or submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2021. |