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.