1-1  By:  Junell, McDonald, Martin                         H.B. No. 1010
    1-2       (Senate Sponsor - Armbrister)
    1-3        (In the Senate - Received from the House April 26, 1993;
    1-4  April 27, 1993, read first time and referred to Committee on
    1-5  International Relations, Trade, and Technology; May 18, 1993,
    1-6  reported adversely, with favorable Committee Substitute by the
    1-7  following vote:  Yeas 6, Nays 0; May 18, 1993, sent to printer.)
    1-8                            COMMITTEE VOTE
    1-9                          Yea     Nay      PNV      Absent 
   1-10        Truan              x                               
   1-11        Barrientos         x                               
   1-12        Bivins                                         x   
   1-13        Brown                                          x   
   1-14        Carriker           x                               
   1-15        Harris of Tarrant  x                               
   1-16        Lucio                                          x   
   1-17        Rosson             x                               
   1-18        Wentworth          x                               
   1-19  COMMITTEE SUBSTITUTE FOR H.B. No. 1010                   By:  Truan
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to the state's use and acquisition of information
   1-23  technologies.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  The Information Resources Management Act (Article
   1-26  4413 (32j), Revised Statutes) is amended by adding Sections 10A,
   1-27  13A, 17A, 18A, 18B, and 20A to read as follows:
   1-28        Sec. 10A.  INTERAGENCY LICENSING ADVISORY COMMITTEE.  The
   1-29  department shall appoint an advisory committee composed of state
   1-30  agency purchasing, technical, and legal experts for the purpose of
   1-31  studying and making recommendations about matters related to the
   1-32  licensing of information resources technologies.
   1-33        Sec. 13A.  COST REDUCTION PLAN.  (a)  The department, with
   1-34  the assistance of appropriate state agencies, shall prepare a
   1-35  comprehensive plan that identifies actions the state can take
   1-36  because of its purchasing power to reduce the cost of acquiring and
   1-37  maintaining information resources technologies.  The plan must
   1-38  include specific recommendations for reducing costs and a timetable
   1-39  for implementing the recommendations.  To the extent allowed by
   1-40  law, the department and each state agency, as appropriate, shall
   1-41  implement the recommendations.
   1-42        (b)  The department shall complete the plan not later than
   1-43  December 1, 1993, and shall promptly send a copy of the completed
   1-44  plan to the governor, the Legislative Budget Board, and appropriate
   1-45  state agencies.
   1-46        (c)  This section expires September 1, 1995.
   1-47        Sec. 17A.  COMPARATIVE COST REVIEW FOR INTERNALLY DEVELOPED
   1-48  APPLICATION OR PROJECT.  (a)  The department may direct an agency
   1-49  to conduct a comparative cost review for an application or project
   1-50  identified in an agency operating plan whose costs including
   1-51  internal development costs are over $1,000,000 and that a state
   1-52  agency proposes to develop or implement internally.  The agency may
   1-53  request the assistance of the department under this section.  In
   1-54  conducting the review, the agency and the department may:
   1-55              (1)  base its estimate of the total cost to the state
   1-56  of the agency's future internal development or implementation of
   1-57  the application or project on information provided under Sections
   1-58  14-17 of this article; and
   1-59              (2)  seek and obtain information from other state
   1-60  agencies and from nongovernmental entities on the probable total
   1-61  cost to the state of the future development or implementation of
   1-62  the application or project through a contract with a state agency
   1-63  or with a nongovernmental entity;
   1-64        (b)  The department may require further information from the
   1-65  agency on the total cost to the state of future internal
   1-66  development or implementation by the agency of the application or
   1-67  project.
   1-68        (c)  If the department determines that the probable total
    2-1  future cost to the state of accomplishing the application or
    2-2  project through a contract with another state agency or with a
    2-3  nongovernmental entity would be less than 90 percent of the total
    2-4  probable future cost to the state of continued internal development
    2-5  or implementation of the application or project by the agency, the
    2-6  department may require the agency to issue a request for bids or a
    2-7  request for proposals, as provided by law, for the accomplishment
    2-8  of the application or project through a contract with another state
    2-9  agency or a nongovernmental entity.
   2-10        (d)  If a bid or proposal is received under Subsection (b) of
   2-11  this section that would allow the agency to accomplish the
   2-12  application or project at an acceptable level of quality and for an
   2-13  acceptable period for a total cost to the state of less than 90
   2-14  percent of the total cost to the state of continued internal
   2-15  development or implementation, as that cost is determined by the
   2-16  department, a contract for the accomplishment of the application or
   2-17  project shall be awarded to the bidder with the lowest and best
   2-18  bid, or the offeror whose proposal is most advantageous to the
   2-19  state as determined from competitive sealed proposals.
   2-20        (e)  The department shall adopt rules and procedures to
   2-21  govern the implementation of this section.  Such rules may include
   2-22  the waiver of the review and approval for expenditures below
   2-23  certain limits, for emergency purposes, or after a designated time
   2-24  period has elapsed.
   2-25        Sec. 18A.  COORDINATED NEGOTIATIONS FOR SOFTWARE.  (a)  A
   2-26  state agency shall inform the department and the attorney general
   2-27  when the agency intends to negotiate a contract or a licensing
   2-28  agreement under which the agency will grant or receive a right
   2-29  related to software.
   2-30        (b)  The agency shall send a proposed contract or license
   2-31  related to software to the department and to the attorney general
   2-32  for review and comment before the agency enters into the contract
   2-33  or licensing agreement.
   2-34        (c)  The department, attorney general, and state agencies
   2-35  shall enter into coordinated multiagency negotiations to obtain
   2-36  software whenever possible to take advantage of the state's volume
   2-37  purchasing power.
   2-38        (d)  Any state agency, department, or institution of higher
   2-39  education that can purchase or contract for a licensing agreement
   2-40  related to software that is at a lower cost than that negotiated by
   2-41  the department for multiagency use, may do so.
   2-42        Sec. 18B.  PROCEDURE FOR CERTAIN CONTRACTS.  (a)  A state
   2-43  agency may not enter into an interagency contract for the receipt
   2-44  of information resources technologies, including a contract for
   2-45  services and a contract under Section 21 of this article, unless
   2-46  the agency complies with this section.
   2-47        (b)  A state agency that proposes to receive information
   2-48  resources technologies under a contract with another state agency
   2-49  must first give public notice of a request for proposals or a
   2-50  request for bids.
   2-51        (c)  A state agency may not enter into an interagency
   2-52  contract to receive information resources technologies if the
   2-53  agency receives a bid or proposal under Subsection (b) of this
   2-54  section under which the agency can receive the same or
   2-55  substantially the same technologies from a private vendor for less
   2-56  than 90 percent of the cost that would be incurred by the agency
   2-57  under the interagency contract.  If a bid or proposal is received
   2-58  under Subsection (b) of this section that would allow the agency to
   2-59  accomplish the application or project at an acceptable level of
   2-60  quality and for an acceptable period for a total cost to the state
   2-61  of less than 90 percent of the total cost to the state of the best
   2-62  proposed interagency contract, as that cost is determined by the
   2-63  department, a contract for the accomplishment of the application or
   2-64  project shall be awarded to the bidder with the lowest and best
   2-65  bid, or the offeror whose proposal is most advantageous to the
   2-66  state as determined from competitive sealed proposals.
   2-67        (d)  The department by rule may define circumstances in which
   2-68  certain interagency contracts that will cost less than a minimum
   2-69  amount established by the department are excepted from the
   2-70  requirements of this section or this article, if the department
    3-1  determines that it would be more cost effective for the state.
    3-2        Sec. 20A.  AUDIT OF SOFTWARE INVENTORY, LICENSES, AND
    3-3  CONTRACTS.  Each state agency shall audit biennially the agency's
    3-4  software inventory and the licenses and contracts related to the
    3-5  inventory.  The department and the attorney general on request
    3-6  shall assist an agency to conduct the audit.  An audit must
    3-7  evaluate:
    3-8              (1)  whether the agency needs all the software in its
    3-9  inventory;
   3-10              (2)  the state's rights and obligations under the
   3-11  agency's software contracts and licensing agreements; and
   3-12              (3)  whether the agency may obtain better prices,
   3-13  terms, or performance under its current or future software
   3-14  contracts and licensing agreements.
   3-15        SECTION 2.  Section 9, Information Resources Management Act
   3-16  (Article 4413(32j), Revised Statutes), is amended to read as
   3-17  follows:
   3-18        Sec. 9.  General powers and duties of department.  (a)  The
   3-19  department may adopt rules, under the rule-making procedures of the
   3-20  Administrative Procedure and Texas Register Act (Article 6252-13a,
   3-21  Vernon's Texas Civil Statutes), as necessary to carry out its
   3-22  responsibility under this article.
   3-23        (b)  The department shall provide the leadership and
   3-24  coordination of information resources management within state
   3-25  government.
   3-26        (c)  The department may require each state agency to report
   3-27  to the department:
   3-28              (1)  each agency's use of information resources
   3-29  technologies;
   3-30              (2)  the impact of those technologies on the duties and
   3-31  functions of the agency;
   3-32              (3)  the costs incurred by the agency in the
   3-33  acquisition and use of those technologies;
   3-34              (4)  the categories of information produced by the
   3-35  agency;
   3-36              (5)  the procedures followed in obtaining information
   3-37  resources technologies; and
   3-38              (6)  other information relating to information
   3-39  resources management that in the judgment of the department should
   3-40  be reported.
   3-41        (d)  The department shall monitor national and international
   3-42  standards relating to information resources technologies, develop
   3-43  and publish policies, procedures, and standards relating to
   3-44  information resources management by state agencies, and ensure
   3-45  compliance with those policies, procedures, and standards.
   3-46        (e)  The department shall provide and coordinate an
   3-47  information resources management training program for the
   3-48  departments of government.
   3-49        (f)  At the request of a state agency, the <The> department
   3-50  may provide technical and managerial assistance relating to
   3-51  information resources management, including automation feasibility
   3-52  studies, systems analysis and design, training, and technology
   3-53  evaluation <at the request of a state agency>.
   3-54        (g)  The department may identify, develop, and recommend to
   3-55  the Legislative Budget Board issues related to information
   3-56  resources management to be considered when developing the
   3-57  legislative budget instruction to state agencies.  The department
   3-58  shall inform the governor of issues that are recommended to the
   3-59  Legislative Budget Board under this subsection.
   3-60        (h)  At the request of a state agency, the department may
   3-61  assist the agency in the preparation of information resources
   3-62  technologies projects to be submitted as part of the agency's
   3-63  legislative appropriation request and may make recommendations on
   3-64  any proposed projects.  The recommendations under this subsection
   3-65  apply to a project and not to a specific procurement or set of
   3-66  specifications.
   3-67        (i)  The department shall establish an information resources
   3-68  technology evaluation center for use by the department and other
   3-69  state agencies.
   3-70        (j)  The department shall provide for all interagency use of
    4-1  information resources technologies by state agencies, except for
    4-2  telecommunications services provided by the <State Purchasing and>
    4-3  General Services Commission under other law.  The department may
    4-4  provide for interagency use of information resources technologies
    4-5  either directly or by certifying another state agency to provide
    4-6  specified uses of information resources technologies to other state
    4-7  agencies.
    4-8        (k)  The department shall operate, on a self-supporting
    4-9  basis, a computer service facility and provide computer services to
   4-10  state agencies that choose to subscribe to the service.  This
   4-11  Subsection shall expire effective August 31, 1994.  Prior to the
   4-12  expiration date, the department shall assist state agencies
   4-13  subscribing to the service to obtain suitable alternative computer
   4-14  services.
   4-15        (l)  The department may report to the governor and to the
   4-16  presiding officer of each house of the legislature any factors that
   4-17  in the opinion of the department are otherwise outside the mandate
   4-18  of the department but that nevertheless inhibit or promote the
   4-19  effective exchange and use of information in state government.
   4-20        (m)  The department may develop and maintain a client omnibus
   4-21  registry and exchange data base to cover public and private health
   4-22  and human services, programs, and clients and to facilitate the
   4-23  exchange of data among the state's health and human services
   4-24  agencies.  The department must assure in maintaining the
   4-25  information that:
   4-26              (1)  health and mental health communications and
   4-27  records privileged under Chapter 239, Acts of the 66th Legislature,
   4-28  Regular Session, 1979 (Article 5561h, Vernon's Texas Civil
   4-29  Statutes), the Medical Practice Act (Article 4495b, Vernon's Texas
   4-30  Civil Statutes), and the Texas Rules of Civil Evidence remain
   4-31  confidential and privileged;
   4-32              (2)  personally identifiable health and mental health
   4-33  communications and records of persons involved in the receipt or
   4-34  delivery of health or human services are confidential and
   4-35  privileged; and
   4-36              (3)  a private source is not required to provide
   4-37  confidential health and mental health communications or records
   4-38  unless a law specifically requires disclosure.
   4-39        SECTION 3.  Section 13, Information Resources Management Act
   4-40  (Article 4413(32j), Revised Statutes), is repealed.
   4-41        SECTION 4.  Section 15, Information Resources Management Act
   4-42  (Article 4413(32j), Revised Statutes), is amended to read as
   4-43  follows:
   4-44        Sec. 15.  <INITIAL OPERATING PLANS.  (a)  Once each biennium,
   4-45  each state agency's information resources manager shall prepare an
   4-46  initial operating plan.  An agency is not required to identify
   4-47  specific acquisitions or the method of acquisition in the plan.
   4-48  The plan must be approved by the governing body of the agency and
   4-49  submitted to the department for approval not later than the date
   4-50  that the agency is required to submit its first legislative
   4-51  appropriations request.>
   4-52        <(b)  A state agency's initial operating plan must, for each
   4-53  request under each Legislative Budget Board assumption:>
   4-54              <(1)  state how the agency's requested appropriations
   4-55  for the management, operation, and procurement of information
   4-56  resources would be spent;>
   4-57              <(2)  contain a summary of the agency's needs for
   4-58  information resources technologies and the estimated cost of
   4-59  meeting those needs during the next biennium;>
   4-60              <(3)  list the existing and proposed projects for the
   4-61  agency during the next biennium, including:>
   4-62                    <(A)  the anticipated measurable benefits of
   4-63  those projects and the measurement standards used to determine
   4-64  those benefits;>
   4-65                    <(B)  the major resources required to conduct the
   4-66  projects;>
   4-67                    <(C)  the agency's estimated total cost of each
   4-68  project by legislative program as found in the agency's legislative
   4-69  appropriations request;>
   4-70                    <(D)  the cost and implementation schedule for
    5-1  each stage of each project;>
    5-2                    <(E)  the number, type, approximate cost,
    5-3  schedule, and, if known, the planned method of acquisition for all
    5-4  procurements associated with each project that are subject to
    5-5  review under department rules; and>
    5-6                    <(F)  the estimated internal development costs
    5-7  for each project, including an allocation of costs for the use of
    5-8  fixed assets and an allocation for administrative costs;>
    5-9              <(4)  provide an estimate, given the estimated work
   5-10  load, of the percentage of existing and proposed information
   5-11  resources technologies that will be required after all existing and
   5-12  proposed projects are implemented; and>
   5-13              <(5)  any other information the department considers
   5-14  necessary.>  PROJECT REVIEW COMMITTEE.  (a)  For purposes of this
   5-15  section, a major information resources project is defined as any
   5-16  information resources technology project identified in a state
   5-17  agency's operating plan with development costs exceeding $1,000,000
   5-18  and:
   5-19              (1)  requiring one year or longer to reach operations
   5-20  status;
   5-21              (2)  involving more than one state agency; or
   5-22              (3)  substantially altering work methods of state
   5-23  agency personnel or the delivery of services to clients.
   5-24        (b)  Appropriated funds may not be expended for a major
   5-25  information resources project unless the project has received the
   5-26  prior approval of a project review committee comprised of the
   5-27  Legislative Budget Office, the department, and the state auditor's
   5-28  office.
   5-29        (c)  The department shall develop rules or guidelines for use
   5-30  by the project review committee in reviewing major information
   5-31  resources projects.
   5-32        SECTION 5.  Section 16, Information Resources Management Act
   5-33  (Article 4413(32j), Revised Statutes), is amended to read as
   5-34  follows:
   5-35        Sec. 16.  BIENNIAL <FINAL> OPERATING PLANS.  (a)  Each state
   5-36  agency shall submit an <a final> operating plan to the department
   5-37  not later than the 30th day after the date the General
   5-38  Appropriations Act becomes law <the earliest of the following dates
   5-39  of each odd-numbered year> which describes current and proposed
   5-40  projects for the biennium<:>
   5-41              <(1)  September 1;>
   5-42              <(2)  the 60th day after the date the General
   5-43  Appropriations Act becomes law if it becomes law on or before July
   5-44  31 of that year; or>
   5-45              <(3)  the 30th day after the date the General
   5-46  Appropriations Act becomes law if it becomes law after July 31 of
   5-47  that year>.
   5-48        (b)  <At a minimum, the plan must include, in addition to the
   5-49  information required in the initial operating plan, the following:
   5-50  (1)  the amount of money related to information resources actually
   5-51  appropriated to the agency for the biennium beginning September 1;
   5-52  and>
   5-53              <(2)  an identification of changes, if any, in the
   5-54  agency's priorities for projects and associated procurements as set
   5-55  forth in the initial operating plan.>
   5-56        <(c)  The department may consult the comptroller to verify a
   5-57  state agency's approved funds.>
   5-58        <(d)>  A state agency shall amend its <final> operating plan
   5-59  when necessary to reflect changes in the plan during a biennium.
   5-60  <The plan shall also be amended if necessary to show the impact of
   5-61  a consulting services contract or report that may affect software
   5-62  development, hardware configuration, or changes in the agency's
   5-63  management of information resources.  The substance of any
   5-64  amendment submitted to the plan must also be included in an
   5-65  appropriate approved agency strategic plan or approved agency
   5-66  strategic plan amendment.>
   5-67        SECTION 6.  Section 17, Information Resources Management Act
   5-68  (Article 4413(32j), Revised Statutes), is amended to read as
   5-69  follows:
   5-70        Sec. 17.  Procedures for submitting and evaluating operating
    6-1  plans. (a)  The department by rule shall adopt instructions to
    6-2  guide state agencies in their preparation of <initial operating
    6-3  plans and final> operating plans.  The instructions must:
    6-4              (1)  specify the format of the plans;
    6-5              (2)  specify the information required to be included in
    6-6  the plans; <require the submission of the information required by
    6-7  this article; and>
    6-8              (3)  list the general criteria that the department will
    6-9  use to evaluate the plans; and
   6-10              (4)  specify procedures for the submission, review,
   6-11  approval, and disapproval of plans and amendments, including
   6-12  appellate procedures.
   6-13        (b)  <The department shall notify a state agency in writing
   6-14  of the department's approval or disapproval of an initial operating
   6-15  plan.  The notification shall be sent not later than 120 days after
   6-16  the date the department receives the plan.>
   6-17        <(c)  The department shall notify a state agency in writing
   6-18  of the department's approval or disapproval of a final operating
   6-19  plan.  The notification shall be sent not later than 30 days after
   6-20  the date the department receives the plan.  If the department's
   6-21  determination is due after September 1 of an odd-numbered year, a
   6-22  state agency may operate as if the plan had been approved until the
   6-23  department actually makes its determination.>
   6-24        <(d)  If the department disapproves a state agency's initial
   6-25  operating plan or final operating plan, the department shall
   6-26  provide to the agency in writing the reasons for the disapproval.
   6-27  If the agency cannot resolve the problems that caused disapproval
   6-28  within 30 days after the date the notice of disapproval is
   6-29  received, the agency shall notify the department in writing of the
   6-30  reasons why the problems cannot be resolved.  The notification
   6-31  shall be sent to the department not later than 30 days after the
   6-32  date that the agency receives notice of the department's
   6-33  disapproval.>
   6-34        <(e)  Before a state agency may amend its final operating
   6-35  plan, the agency must submit the proposed amendment to the
   6-36  department for approval.  All amendments affecting operations
   6-37  during a fiscal year must be submitted not later than June 1 of
   6-38  that fiscal year.  The department shall notify the agency of the
   6-39  department's approval or disapproval not later than the 30th day
   6-40  after the date the proposed amendment is received.  If the
   6-41  department disapproves a proposed amendment, the department shall
   6-42  state the reasons for the disapproval in writing to the agency's
   6-43  information resources manager.  The department shall adopt rules
   6-44  for the procedures a state agency must follow when submitting a
   6-45  revision of proposed amendments to the department after the
   6-46  department has disapproved the amendments.>
   6-47        <(f)  The department may not approve a state agency's initial
   6-48  operating plan or final operating plan unless the agency has
   6-49  submitted and the department has approved a current agency
   6-50  strategic plan.>
   6-51        <(g)  A state agency that disagrees with the department's
   6-52  disapproval of an initial operating plan, final operating plan, or
   6-53  an amendment to either of those plans may submit a written request
   6-54  to the department for special review.  On receipt of a request, the
   6-55  executive director shall inform the board.  The board shall
   6-56  consider the merits of the agency's position and make its decision
   6-57  on the matter at the next regularly scheduled board meeting.  The
   6-58  state agency may appear and present its position at that meeting.
   6-59  The decision of the board is final.  The board shall adopt rules
   6-60  for the fair and efficient administration of this subsection.>
   6-61        <(h)>  Each state agency shall submit a copy of its <final>
   6-62  operating plan, as approved by the department, to the governor, the
   6-63  Legislative Budget Board, and the state auditor not later than 30
   6-64  days after the date that the department approves the plan.  If an
   6-65  agency fails to comply with this subsection, the governor may
   6-66  direct the comptroller to deny the agency access to the agency's
   6-67  appropriations that relate to the management of information
   6-68  resources.  The denial of access may continue until the governor is
   6-69  satisfied with the agency's compliance with this subsection.
   6-70        <(i)  As a consequence of evaluating an initial operating
    7-1  plan or a final operating plan, the department may require a state
    7-2  agency to submit or obtain certain information as part of its
    7-3  procurement process.  This may be required when:>
    7-4              <(1)  an agency is planning a noncompetitive
    7-5  procurement;>
    7-6              <(2)  an agency is planning a system conversion; or>
    7-7              <(3)  the department determines that the information
    7-8  would be necessary or appropriate.>
    7-9        SECTION 7.  Section 18, Information Resources Management Act
   7-10  (Article 4413(32j), Revised Statutes), is repealed.
   7-11        SECTION 8.  Section 19, Information Resources Management Act
   7-12  (Article 4413(32j), Revised Statutes), is amended to read as
   7-13  follows:
   7-14        Sec. 19.  Information resources managers. (a)  The person
   7-15  required to sign an agency's strategic plan, or that person's
   7-16  designee, shall serve as the agency's information resources
   7-17  manager.  A member of the board of the department may not also
   7-18  serve as the information resources manager of a state agency.
   7-19        (b)  <If the department performs substantially all
   7-20  information processing for a state agency, the agency may designate
   7-21  the department as the agency's information resources manager.  The
   7-22  department may by rule define the circumstances in which it may
   7-23  serve as an agency's information resources manager.>
   7-24        <(c)>  Each state agency shall cooperate as necessary with
   7-25  its information resources manager to enable that person to perform
   7-26  the duties required of the information resources manager by law.
   7-27        (c) <(d)>  The department shall provide guidelines to state
   7-28  agencies regarding the initial and continuing education
   7-29  requirements needed for information resources managers <not later
   7-30  than September 1, 1990, to be effective on September 1, 1992>.  Any
   7-31  person who is appointed the information resources manager of a
   7-32  state agency before September 1, 1992, is exempt from the
   7-33  requirements of the department regarding initial education needed
   7-34  for that position. The department may provide educational materials
   7-35  and seminars for state agencies and information resources managers.
   7-36        (d) <(e)>  The information resources manager is responsible
   7-37  for the preparation of the operating plans under Sections
   7-38  16 <15>-17 of this article<, and the annual performance report
   7-39  under Section 20 of this article>.
   7-40        SECTION 9.  Section 20, Information Resources Management Act
   7-41  (Article 4413(32j), Revised Statutes), is amended to read as
   7-42  follows:
   7-43        Sec. 20.  <ANNUAL> PERFORMANCE REPORTS.  (a)  Not later than
   7-44  two months before a regular legislative session convenes, the
   7-45  department <Each state agency's information resources manager>
   7-46  shall provide a <prepare an annual> performance report to the
   7-47  governor and to the legislature on the use of information resources
   7-48  technologies by the state.  The report shall:
   7-49              (1)  assess the progress made toward meeting the goals
   7-50  and objectives of the state strategic plan for information
   7-51  resources management;
   7-52              (2)  describe major accomplishments of the state or a
   7-53  specific state agency in information resources management;
   7-54              (3)  describe major problems confronting the state or a
   7-55  specific state agency in information resources management;
   7-56              (4)  provide a summary of the total expenditures for
   7-57  information resources and information resources technologies by the
   7-58  state; and
   7-59              (5)  provide recommendations for improving the
   7-60  effectiveness and cost efficiency of the state's use of information
   7-61  resources <describe the agency's management of information
   7-62  resources in the preceding fiscal year>.
   7-63        (b)  The department shall make any interim reports to the
   7-64  governor and to the legislature that it considers necessary <by
   7-65  rule prescribe the format for the annual performance report>.
   7-66        (c)  The department shall have access to all information
   7-67  resources and information resources technologies in any state
   7-68  agency which the department determines are necessary to prepare a
   7-69  report under this section <The annual performance report must
   7-70  contain:>
    8-1              <(1)  an assessment, by application, of the progress
    8-2  made toward implementing the agency strategic plan;>
    8-3              <(2)  an assessment of the progress made toward
    8-4  implementing the agency's final operating plan, which notes and
    8-5  explains any major differences between that plan and actual
    8-6  accomplishments;>
    8-7              <(3)  a summary, by project, of the major functional
    8-8  uses of information resources by the agency;>
    8-9              <(4)  a summary, by project, of the total estimated
   8-10  expenditures for information resources management and use by the
   8-11  agency, including allocated administrative costs;>
   8-12              <(5)  a comparison of the agency's expenditures for
   8-13  information resources in the preceding fiscal year with the
   8-14  appropriations for those resources in the agency's approved budget,
   8-15  which notes and justifies differences between the two;>
   8-16              <(6)  an inventory, by major category as defined by
   8-17  rule of the department, of the agency's information resources
   8-18  technologies, which specifically identifies the resources acquired
   8-19  during the preceding fiscal year; and>
   8-20              <(7)  an assessment of opportunities for participation
   8-21  with other state agencies in the use and management of information
   8-22  resources.>
   8-23        <(d)  Each state agency shall provide a copy of its annual
   8-24  performance report to the department for review and analysis not
   8-25  later than November 1 of each year.  If a state agency fails to
   8-26  comply with the due date without good cause, the department may
   8-27  request the comptroller to deny the agency access to the agency's
   8-28  appropriations that relate to the management of information
   8-29  resources.  If the comptroller denies access, the denial of access
   8-30  may continue until the department is satisfied with the agency's
   8-31  compliance with this subsection>.
   8-32        SECTION 10.  Section 21, Information Resources Management Act
   8-33  (Article 4413(32j), Revised Statutes), is repealed.
   8-34        SECTION 11.  Section 22, Information Resources Management Act
   8-35  (Article 4413(32j), Revised Statutes), is repealed.
   8-36        SECTION 12.  Section 3.021, State Purchasing and General
   8-37  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   8-38  repealed.
   8-39        SECTION 13.  The importance of this legislation and the
   8-40  crowded condition of the calendars in both houses create an
   8-41  emergency and an imperative public necessity that the
   8-42  constitutional rule requiring bills to be read on three several
   8-43  days in each house be suspended, and this rule is hereby suspended,
   8-44  and that this Act take effect and be in force from and after its
   8-45  passage, and it is so enacted.
   8-46                               * * * * *
   8-47                                                         Austin,
   8-48  Texas
   8-49                                                         May 18, 1993
   8-50  Hon. Bob Bullock
   8-51  President of the Senate
   8-52  Sir:
   8-53  We, your Committee on International Relations, Trade, and
   8-54  Technology to which was referred H.B. No. 1010, have had the same
   8-55  under consideration, and I am instructed to report it back to the
   8-56  Senate with the recommendation that it do not pass, but that the
   8-57  Committee Substitute adopted in lieu thereof do pass and be
   8-58  printed.
   8-59                                                         Truan,
   8-60  Chairman
   8-61                               * * * * *
   8-62                               WITNESSES
   8-63  No witnesses appeared on H.B. No. 1010.