By Hochberg, Combs H.B. No. 2304
A BILL TO BE ENTITLED
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 the provisions of subsection (e), the secretary of
2-11 state shall make the full text of the Texas Register available to
2-12 the public through the Internet at no charge, and may make the full
2-13 text of the Texas Register available on an electronic bulletin
2-14 board at no charge.
2-15 (b) An edition of the Texas Register must be available
2-16 through the Internet or an electronic bulletin board operated by
2-17 the secretary of state not later than the date of the edition.
2-18 (c) If the secretary of state does not make the full text of
2-19 the Texas Register available on an electronic bulletin board, the
2-20 secretary of state shall, on the request of one or more agencies
2-21 that operate an electronic bulletin board, make the full text of
2-22 the Texas Register available to at least one requesting agency for
2-23 posting on that agency's electronic bulletin board until such time
2-24 as the secretary of state begins operating an electronic bulletin
2-25 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 under this
3-8 section, results in a revenue shortfall that is not compensated for
3-9 by the sale of value-added services as provided under subsection
3-10 (d). The secretary 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 biannual budget. In the instance
3-13 of such a shortfall, the secretary shall also request that funds be
3-14 appropriated for the next biannual budget in the amount of that
3-15 shortfall in order to continue the Internet and electronic bulletin
3-16 board services at no charge. If the requested funds are not
3-17 appropriated, the secretary may, at the beginning of the next state
3-18 fiscal year, charge user fees for the Internet and electronic
3-19 bulletin board services in an amount which will compensate the
3-20 secretary 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 TEXAS
4-3 ADMINISTRATIVE CODE. (a) Subject to the provisions of subsection
4-4 (d), the secretary of state shall make the full text of the Texas
4-5 Administrative Code available to the public through the Internet at
4-6 no charge, and update the text that is available through the
4-7 Internet as soon as practicable, and may make the full text of the
4-8 Texas Administrative Code available on an electronic bulletin board
4-9 at no charge.
4-10 (b) If the secretary of state does not make the full text of
4-11 the Texas Administrative Code available on an electronic bulletin
4-12 board, 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 Texas Administrative Code available to at least one
4-15 requesting agency for posting on that agency's electronic bulletin
4-16 board until such time as the secretary of state begins operating an
4-17 electronic bulletin board.
4-18 (c) The secretary of state may electronically provide to the
4-19 public specialized value-added services related to the Texas
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 Texas Administrative Code available on the Internet at no
4-24 charge and on an electronic bulletin board at no charge, as
4-25 provided under this section, results in a revenue shortfall that is
5-1 not compensated for by the sale of value-added services as provided
5-2 under subsection (c). The secretary shall report any shortfall
5-3 attributed to the free Internet and electronic bulletin board
5-4 services to the Legislative Budget Board in its biannual budget.
5-5 In the instance of such a shortfall, the secretary shall also
5-6 request that funds be appropriated for the next biannual budget in
5-7 the amount of that shortfall in order to continue the Internet and
5-8 electronic bulletin services at no charge. If the requested funds
5-9 are not appropriated, the secretary 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 which will
5-12 compensate the secretary for the revenue shortfall.
5-13 SECTION 5. Section 2002.015(a), Government Code, is amended
5-14 to read as follows:
5-15 (a) On request, the secretary of state shall make one copy
5-16 of each issue of the Texas Register available without charge to:
5-17 (1) each board, commission, and department with
5-18 statewide jurisdiction;
5-19 (2) the governor;
5-20 (3) The lieutenant governor;
5-21 (4) the attorney general;
5-22 (5) each member and each standing committee of the
5-23 legislature;
5-24 (6) each county judge <clerk>;
5-25 (7) each library of a public university <the Supreme
6-1 Court of Texas>;
6-2 (8) one public library in each municipality that has a
6-3 public library <the Texas Court of Criminal Appeals>; and
6-4 (9) each court of appeals.
6-5 (b) If the secretary of state determines that the entity
6-6 requesting the Texas Register under (a) above owns the necessary
6-7 computer and telecommunications facilities to access the Texas
6-8 Register through the Internet or through an electronic bulletin
6-9 board, then the secretary of state can comply with subsection (a)
6-10 by providing the Texas Register to the entity through the Internet
6-11 or through an electronic bulletin board, as applicable, at no
6-12 charge.
6-13 SECTION 6. Notwithstanding Sections 2002.0151 and 2002.057,
6-14 Government Code, as added by this Act, the secretary of state is
6-15 not required to make the full text of the Texas Administrative Code
6-16 or of an edition of the Texas Register available to the public
6-17 through the Internet or on an electronic bulletin board before
6-18 January 1, 1996.
6-19 SECTION 7. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended,
6-24 and that this Act take effect and be in force from and after its
6-25 passage, and it is so enacted.