BILL ANALYSIS
C.S.S.B. 734
By: Rosson
State Affairs
3-14-95
Committee Report (Substituted)
BACKGROUND
Individuals and organizations rely on electronic access to
information as a routine part of doing business as a result of the
growth of electronic information and the easy access to information
through electronic bulletin board systems (BBS). An enormous
amount of non-confidential Texas state information is already in
electronic format, and a number of state agencies already operate
innovative Internet and BBS gateways to government information.
The explosive growth of governmental electronic information has
expanded the public's awareness of 24-hour-a-day access to
information and services. When Vice President Al Gore introduced
the National Performance Review report in September 1993, more than
100,000 copies were downloaded electronically within the first
week.
PURPOSE
As proposed, C.S.S.B. 734 creates the Texas Information Access
Advisory Council and specifies its duties.
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
ARTICLE 1. TEXAS INFORMATION ACCESS ADVISORY COUNCIL
SECTION 1.01. DEFINITIONS. Defines "council," "institution of
higher education," and "state agency."
SECTION 1.02. APPLICABILITY. (a) Provides that this article
applies to information that a state agency maintains
electronically.
(b) Provides that this article applies to information which
must be kept confidential under Chapter 552, Government Code,
or other law only to the extent that this article provides for
protecting the confidentiality of that information.
SECTION 1.03. COMPOSITION OF COUNCIL. (a) Sets forth the
composition of the Texas Information Access Advisory Council
(council).
(b) Requires the governor, the lieutenant governor, and the
speaker of the house of representatives to cooperate to ensure
that broad range of public and private interests are
represented on the council.
(c) Requires the members of the council to elect a member of
the council to be its presiding officer.
(d) Authorizes the comptroller to designate an officer or
employee of the comptroller's office to represent the
comptroller on the council.
SECTION 1.04. EXPENSES. (a) Prohibits state funds from being
used to pay or reimburse the travel and other expenses incurred
under this article by an appointed member. Authorizes the expenses
incurred by the representative of the Texas Legislative Council,
the representative of the Department of Information Resources, a
representative of the Texas State Library and Archives Commission,
or the representative of the Texas Higher Education Coordinating
Board to be reimbursed only by the agency represented by the person
incurring the expenses. Authorizes the expenses incurred by the
comptroller or the comptroller's designee to be paid only by the
comptroller's office.
(b) Requires expenses incurred under this article to be paid
by the state agency or private entity that incurs the expense.
Prohibits the council from incurring or paying any expenses.
SECTION 1.05. DUTIES OF COUNCIL. (a) Sets forth the duties of
the council.
(b) Requires the council in a written report no later than
June 1, 1996, to advise the legislature about the development
and maintenance of the electronic system after completing the
required study.
SECTION 1.06. TASK FORCES. (a) Authorizes the council to appoint
task forces to conduct any aspect of the study and draft the
required report.
(b) Authorizes any individual to be a member of a task force.
SECTION 1.07. EXEMPTION. Exempts the council or a task force from
being subject to Article 6252-33, V.T.C.S.
SECTION 1.08. Expiration date: September 1, 1996.
ARTICLE 2. FEDERAL GRANTS
SECTION 2.01. Amends Chapter 2054A, Government Code, by adding
Section 2054.020, as follows:
Sec. 2054.020. FEDERAL GRANTS FOR INFORMATION INFRASTRUCTURE.
(a) Defines "information infrastructure."
(b) Provides that this section applies only to grants from
the federal government for the study, development,
implementation, operation, maintenance, or upgrading of
information infrastructure.
(c) Requires a state agency to apply for any federal grant
for which the agency is eligible to apply if a state law
authorizes the agency to expend the grant funds according to
federal requirements.
(d) Requires the agencies to cooperate in preparing and
submitting the application if a federal grant is available
only to state agencies that submit a joint application for
the grant.
(e) Requires the department and the Office of State-Federal
Relations (office) to determine continuously which federal
grant programs are available to state agencies. Requires
the department and the office to periodically inform all
state agencies about those programs.
(f) Requires the department and the office to assist state
agencies in applying for federal grants to ensure that all
applications have the greatest possible chance for approval.
(g) Requires the department and the office to assist a
legislative agency on request. Authorizes a legislative
agency to participate in a joint application for a federal
grant under this section.
ARTICLE 3. EMERGENCY
SECTION 3. Emergency clause.
Effective date: upon passage.