H.B. No. 2304
1-1 AN ACT
1-2 relating to the availability of the Texas Register and the Texas
1-3 Administrative Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2002.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2002.001. Definitions. In this chapter:
1-8 (1) "Administrative code" means the Texas
1-9 Administrative Code.
1-10 (2) "Internet" means the largest nonproprietary
1-11 nonprofit cooperative public computer network, popularly known as
1-12 the Internet.
1-13 (3) "State agency" means a state officer, board,
1-14 commission, or department with statewide jurisdiction that makes
1-15 rules or determines contested cases other than:
1-16 (A) an agency wholly financed by federal money;
1-17 (B) the legislature;
1-18 (C) the courts;
1-19 (D) the Texas Workers' Compensation Commission;
1-20 or
1-21 (E) an institution of higher education.
1-22 (4) <(3)> The following terms have the meanings
1-23 assigned by Section 2001.003:
2-1 (A) "contested case";
2-2 (B) "license";
2-3 (C) "licensing";
2-4 (D) "party";
2-5 (E) "person"; and
2-6 (F) "rule."
2-7 SECTION 2. Subchapter B, Chapter 2002, Government Code, is
2-8 amended by adding Section 2002.0151 to read as follows:
2-9 Sec. 2002.0151. ELECTRONIC AVAILABILITY OF TEXAS REGISTER.
2-10 (a) Subject to Subsection (e), the secretary of state:
2-11 (1) shall make the full text of the Texas Register
2-12 available to the public through the Internet at no charge; and
2-13 (2) may make the full text of the Texas Register
2-14 available on an electronic bulletin board at no charge.
2-15 (b) An edition of the Texas Register that is made available
2-16 through the Internet or an electronic bulletin board operated by
2-17 the secretary of state must be made available not later than the
2-18 date of the edition.
2-19 (c) If the secretary of state does not make the full text of
2-20 the Texas Register available on an electronic bulletin board, the
2-21 secretary of state shall, on the request of one or more agencies
2-22 that operate an electronic bulletin board, make the full text of
2-23 the Texas Register available to at least one requesting agency for
2-24 posting on that agency's electronic bulletin board until the
2-25 secretary of state begins operating an electronic bulletin board.
3-1 (d) The secretary of state may electronically provide to the
3-2 public specialized value-added services related to the Texas
3-3 Register such as clipping services or subscription services at the
3-4 market price for the services.
3-5 (e) The secretary of state shall determine whether making
3-6 the Texas Register available on the Internet at no charge and on an
3-7 electronic bulletin board at no charge, as provided by this
3-8 section, results in a revenue shortfall that is not covered by the
3-9 sale of value-added services as provided by Subsection (d). The
3-10 secretary of state shall report any shortfall attributed to the
3-11 free Internet and electronic bulletin board services to the
3-12 Legislative Budget Board in its biennial budget. If a shortfall
3-13 occurs, the secretary shall also request the appropriation of funds
3-14 for the next biennial budget in the amount of the shortfall to
3-15 continue the Internet and electronic bulletin board services at no
3-16 charge. If the requested funds are not appropriated, the secretary
3-17 of state may, at the beginning of the next state fiscal year,
3-18 charge user fees for the Internet and electronic bulletin board
3-19 services in an amount that will compensate the secretary of state
3-20 for the revenue shortfall.
3-21 SECTION 3. Section 2002.056(a), Government Code, is amended
3-22 to read as follows:
3-23 (a) The data base for the administrative code <is
3-24 confidential and> is exempt from disclosure under Chapter 552.
3-25 SECTION 4. Subchapter C, Chapter 2002, Government Code, is
4-1 amended by adding Section 2002.057 to read as follows:
4-2 Sec. 2002.057. ELECTRONIC AVAILABILITY OF ADMINISTRATIVE
4-3 CODE. (a) Subject to Subsection (d), the secretary of state:
4-4 (1) shall make the full text of the administrative
4-5 code available to the public through the Internet at no charge, and
4-6 update the text that is available through the Internet as soon as
4-7 practicable; and
4-8 (2) may make the full text of the administrative code
4-9 available on an electronic bulletin board at no charge.
4-10 (b) If the secretary of state does not make the full text of
4-11 the administrative code available on an electronic bulletin board,
4-12 the secretary of state shall, on the request of one or more
4-13 agencies that operate an electronic bulletin board, make the full
4-14 text of the administrative code available to at least one
4-15 requesting agency for posting on that agency's electronic bulletin
4-16 board until the secretary of state begins operating an electronic
4-17 bulletin board.
4-18 (c) The secretary of state may electronically provide to the
4-19 public specialized value-added services related to the
4-20 administrative code such as clipping services or subscription
4-21 services at the market price for the services.
4-22 (d) The secretary of state shall determine whether making
4-23 the administrative code available on the Internet at no charge and
4-24 on an electronic bulletin board at no charge, as provided by this
4-25 section, results in a revenue shortfall that is not covered by the
5-1 sale of value-added services as provided by Subsection (c). The
5-2 secretary of state shall report any shortfall attributed to the
5-3 free Internet and electronic bulletin board services to the
5-4 Legislative Budget Board in its biennial budget. If a shortfall
5-5 occurs, the secretary of state shall also request the appropriation
5-6 of funds for the next biennial budget in the amount of the
5-7 shortfall to continue the Internet and electronic bulletin board
5-8 services at no charge. If the requested funds are not
5-9 appropriated, the secretary of state may, at the beginning of the
5-10 next state fiscal year, charge user fees for the Internet and
5-11 electronic bulletin board services in an amount that will
5-12 compensate the secretary of state for the revenue shortfall.
5-13 SECTION 5. Section 2002.015, Government Code, is amended by
5-14 amending Subsection (a) and adding Subsections (c) and (d) to read
5-15 as follows:
5-16 (a) On request, the secretary of state shall make one copy
5-17 of each issue of the Texas Register available without charge to:
5-18 (1) each board, commission, and department with
5-19 statewide jurisdiction;
5-20 (2) the governor;
5-21 (3) the lieutenant governor;
5-22 (4) the attorney general;
5-23 (5) each member and each standing committee of the
5-24 legislature;
5-25 (6) each county judge or each county clerk;
6-1 (7) each library of a public university <the Supreme
6-2 Court of Texas>;
6-3 (8) one public library in each municipality that has a
6-4 public library <the Texas Court of Criminal Appeals>; and
6-5 (9) each court of appeals.
6-6 (c) If the secretary of state determines that an entity
6-7 requesting the Texas Register under Subsection (a) possesses
6-8 computer and telecommunications equipment that allows the entity to
6-9 access the Texas Register through the Internet or through an
6-10 electronic bulletin board, the secretary may comply with Subsection
6-11 (a) by providing the Texas Register to the entity at no charge
6-12 through the Internet or through an electronic bulletin board, as
6-13 applicable.
6-14 (d) The secretary of state shall determine whether making
6-15 the Texas Register available without charge under Subsection (a)
6-16 results in a revenue shortfall. If there is a shortfall, the
6-17 secretary of state shall request an appropriation in that amount in
6-18 the secretary's legislative appropriations request for the next
6-19 state fiscal biennium for the purpose of complying with Subsection
6-20 (a). If the secretary of state does not receive an appropriation
6-21 for that next state fiscal biennium of an amount necessary to cover
6-22 the secretary's costs in complying with Subsection (a), the
6-23 secretary may, beginning with the first day of the biennium, charge
6-24 a subscription fee to entities requesting the Texas Register under
6-25 Subsection (a) in an amount that will cover the secretary's revenue
7-1 shortfall in complying with Subsection (a).
7-2 SECTION 6. Notwithstanding Sections 2002.0151 and 2002.057,
7-3 Government Code, as added by this Act, the secretary of state is
7-4 not required to make the full text of the Texas Administrative Code
7-5 or of an edition of the Texas Register available to the public
7-6 through the Internet or on an electronic bulletin board before
7-7 January 1, 1996.
7-8 SECTION 7. The importance of this legislation and the
7-9 crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended,
7-13 and that this Act take effect and be in force from and after its
7-14 passage, and it is so enacted.