BILL ANALYSIS
C.S.H.B. 2304
By: Hochberg
May 2, 1995
Committee Report (Substituted)
BACKGROUND
Some private publishers and reference services provide partial
access to state agency rules but the information is often
incomplete. The Texas Administrative Code contains all current
updated state agency rules but is a confidential governmental
database and not accessible to the public. The electronic database
of the Texas Register is accessible to the public, but does not
provide current rules.
PURPOSE
CSHB 2304 directs the secretary of state to make the rules
contained in the Texas Administrative Code and the Texas Register
available to state agencies and to the public in the form of
electronic, searchable databases and will delete the word
"confidential" from Government Code, Section 2002.056 allowing the
Texas Administrative Code to be accessible electronically..
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2001.001, Government Code by adding the
definition of "Internet" to the list of definitions.
SECTION 2. Amends Subchapter B, Chapter 2002, Government Code, by
adding SECTION 2002.0151 ELECTRONIC AVAILABILITY OF
TEXAS REGISTER as follows:
(a) Requires the secretary of state to make the full
text of the Texas Register available to the public
through the Internet free of charge and gives the
secretary of state the option of making the text of the
Texas Register available, at no charge, on an electronic
bulletin board.
(b) Requires that an edition of the Texas Register be
made available through the Internet or on an electronic
bulletin board operated by the secretary of state no
later than the date of the edition.
(c) States that should the secretary of state choose not
to make the text of the Texas Register available on an
electronic bulletin board, they must make the text
available to another state agency who operates an
electronic bulletin board for posting on that agency's
bulletin board until such time as the secretary of state
begins operating a bulletin board.
(d) Allows the secretary of state to provide value added
services at the market price for the services.
(e) States that the secretary of state must determine
if the value added services compensate for possible
revenue shortfalls that could arise from the provision
of the information through the Internet or on a bulletin
board free of charge. If a revenue shortfall occurs, the
secretary of state shall report the shortfall to the
Legislative Budget Board in its biannual budget. If a
shortfall occurs, the secretary of state will request
that funds be appropriated for the next biannual budget
in the amount of the shortfall so that the secretary can
continue providing the services for free. If funds are
not appropriated, the secretary will have the authority
to charge a user fee for the electronic services in an
amount to compensate the secretary for the shortfall.
SECTION 3. Amends Section 2002.056(a) by deleting the word
"confidential".
SECTION 4. Amends Subchapter C, Chapter 2002, Government Code by
adding SECTION 2002.057 ELECTRONIC AVAILABILITY OF TEXAS
ADMINISTRATIVE CODE as follows:
(a) States that the secretary of state will make the
text of the Texas Administrative Code (TAC) available
to the public at no charge through the Internet and on
a bulletin board.
(b) States that if the secretary of state chooses not
to make the text of the TAC available on an electronic
bulletin board, they must make the text available to
another state agency who operates an electronic bulletin
board for posting on that agency's bulletin board until
such time as the secretary of state begins operating a
bulletin board.
(c) Allows the secretary of state to provide value added
services at the market price for the services.
(d) States that the secretary of state must determine
if the value added services compensate for possible
revenue shortfalls that could arise from the provision
of the information through the Internet or on a bulletin
board free of charge. If a revenue shortfall occurs, the
secretary of state shall report the shortfall to the
Legislative Budget Board in its biannual budget. If a
shortfall occurs, the secretary of state will request
that funds be appropriated for the next biannual budget
in the amount of the shortfall so that the secretary can
continue providing the services for free. If funds are
not appropriated, the secretary will have the authority
to charge a user fee for the electronic services in an
amount to compensate the secretary for the shortfall.
SECTION 5. Amends Section 2002.015(a), Government Code, by amending
(a) and adding (c) and (d) as follows:
(a) Adds each standing legislative committee, each
county judge, each library of a public university, and
one public library in each municipality that has a
public library to the list of entities that receive one
copy of each issue of the Texas Register free of charge
from the secretary of state.
(c) If the secretary of state determines that an entity
listed in Subsection (a) has the computer and
telecommunication facilities necessary to access the
Texas Register electronically, then the secretary of
state can provide the entity the Texas Register through
the Internet or an electronic bulletin board free of
charge.
(d) The secretary of state must determine if the value
added services compensate for possible revenue
shortfalls that could arise from the provision of the
information through the Internet or on a bulletin board
free of charge. If a revenue shortfall occurs, the
secretary of state shall report the shortfall to the
Legislative Budget Board in its biannual budget. If a
shortfall occurs, the secretary of state will request
that funds be appropriated for the next biannual budget
in the amount of the shortfall so that the secretary can
continue providing the services for free. If funds are
not appropriated, the secretary will have the authority
to charge a user fee for the electronic services in an
amount to compensate the secretary for the shortfall.
SECTION 6. States that the secretary of state is not required to
make public the Texas Administrative Code or the Texas
Register before January 1, 1996.
SECTION 7. Emergency clause. Effective date: upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute reinstates county clerks to the list of entities
that receive one copy of each issue of the Texas Register free of
charge from the secretary of state. The original bill had taken
county clerks off of that list.
The substitute also adds SECTION 5, (d) to codify that section with
Sections 3, and 4.
SUMMARY OF COMMITTEE ACTION
Pursuant to public notice posted on March 22, 1995, the Committee
on State Affairs convened in a public hearing on March 27, 1995 to
consider HB 2304. The Chair laid out HB 2304 and recognized Rep.
Hochberg to explain the bill. Rep. Hochberg laid out a complete
committee substitute which was not adopted. The following persons
testified neutrally on the bill: Clark Kent Ervin representing the
Secretary of State; and Dan Procter representing himself. The
Chair left HB 2304 pending. In a public hearing on April 11, 1995,
the Chair laid out HB 2304. Rep. S. Turner laid out a complete
committee substitute which was adopted without objection. The bill
was reported favorably as substituted with the recommendation that
it do pass and be printed by a record vote of 11 ayes, 0 nays, 0
pnv, 4 absent. On May 2, 1995, HB 2304 was recommitted to
committee. In a public hearing on May 2, HB 2304 was considered by
the Committee on State Affairs. A complete committee substitute
was considered which was adopted without objection. The bill was
reported favorably as substituted with the recommendation that it
do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 8 ayes, 0 nay, 0 pnv, and 7
absent.