BILL ANALYSIS
H.B. 2304
By: Hochberg (Nelson)
State Affairs
5-16-95
Senate Committee Report (Unamended)
BACKGROUND
Some private publishers and reference services provide access to
state agency rules, but the information is often incomplete. The
Texas Administrative Code contains all current 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
As proposed, H.B. 2304 requires the secretary of state to make the
full text of the Texas Register and the Texas Administrative Code
available on the Internet and authorizes the secretary of state to
make these texts available on electronic bulletin boards.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2002.001, Government Code, to include
"Internet" in the list of definitions. Makes conforming changes.
SECTION 2. Amends Chapter 2002B, Government Code, by adding Section
2002.0151, as follows:
Sec. 2002.0151. ELECTRONIC AVAILABILITY OF TEXAS REGISTER.
(a) Requires the secretary of state to make the full text of
the Texas Register (register) available through the Internet
at no charge and authorizes the secretary of state to make the
register available on an electronic bulletin board (board) at
no charge.
(b) Requires an electronic edition of the register to be
made available by the date of the edition.
(c) Requires the secretary of state, if the secretary of
state does not make the register available on the board, to
make the full text of the register available to at least one
requesting agency for posting on that agency's board on the
request of agencies that operate a board until the secretary
of state begins operating a board.
(d) Authorizes the secretary of state to electronically
provide specialized value-added services related to the
register at the market price for the services.
(e) Requires the secretary of state to determine whether
making the register available on the Internet and on a board
at no charge results in a revenue shortfall that is not
covered by the sale of value-added services. Requires the
secretary of state to report any shortfall attributed to the
free services to the Legislative Budget Board (LBB) in its
biennial budget. Requires the secretary to request the
appropriation of funds for the next biennial budget in the
amount of the shortfall to continue the services at no
charge. Authorizes the secretary of state to charge user
fees for the services if the requested funds are not
appropriated.
SECTION 3. Amends Section 2002.056(a), Government Code, to delete
a provision providing that the data base for the Texas
Administrative Code (code) is confidential.
SECTION 4. Amends Chapter 2002C, Government Code, by adding Section
2002.057, as follows:
Sec. 2002.057. ELECTRONIC AVAILABILITY OF ADMINISTRATIVE
CODE. (a) Requires the secretary of state to make the full
text of the code available through the Internet at no charge
and authorizes the secretary of state to make the register
available on the board at no charge.
(b) Requires the secretary of state, if the secretary of
state does not make the register available on the board, to
make the full text of the code available to at least one
requesting agency for posting on that agency's board on the
request of agencies that operate a board until the secretary
of state begins operating a board.
(c) Authorizes the secretary of state to electronically
provide specialized value-added services related to the code
at the market price for the services.
(d) Requires the secretary of state to determine whether
making the code available electronically at no charge
results in a revenue shortfall that is not covered by the
sale of value-added services. Requires the secretary of
state to report any shortfall attributed to the free
services to the LBB in its biennial budget. Requires the
secretary to request the appropriation of funds for the next
biennial budget in the amount of the shortfall to continue
the services at no charge. Authorizes the secretary of
state to charge user fees for the services if the requested
funds are not appropriated.
SECTION 5. Amends Section 2002.015, Government Code, by amending
Subsection (a) and adding Subsections (c) and (d), as follows:
(a) Requires the secretary of state to make one copy of each
issue of the register available without charge to each
standing committee of the legislature, each county judge or
each county clerk, each library of a public university, and
one public library in each municipality that has a public
library, among others. Deletes the Supreme Court of Texas and
the Texas Court of Criminal Appeals from the list of those
required to receive the register.
(c) Authorizes the secretary of state, if the secretary of
state determines that an entity requesting the register
possesses computer and telecommunications equipment that
allows the entity to access the register electronically, to
comply with Subsection (a) by providing the register to the
entity at no charge through the Internet or through a board.
(d) Requires the secretary of state to determine whether
making the register available electronically at no charge
results in a revenue shortfall. Requires the secretary to
request the appropriation of funds for the next biennial
budget in the amount of the shortfall to comply with
Subsection (a). Authorizes the secretary of state to charge,
beginning with the first day of the biennium, a subscription
fee for the register if the requested funds are not
appropriated.
SECTION 6. Provides that the secretary of state is not required to
make the full text of the code or the register available to the
public electronically before January 1, 1996.
SECTION 7. Emergency clause.
Effective date: upon passage.