1-1  By:  Hochberg, Combs (Senate Sponsor - Nelson)        H.B. No. 2304
    1-2        (In the Senate - Received from the House May 10, 1995;
    1-3  May 11, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 16, 1995, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 16, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the availability of the Texas Register and the Texas
    1-9  Administrative Code.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 2002.001, Government Code, is amended to
   1-12  read as follows:
   1-13        Sec. 2002.001.  Definitions.  In this chapter:
   1-14              (1)  "Administrative code" means the Texas
   1-15  Administrative Code.
   1-16              (2)  "Internet" means the largest nonproprietary
   1-17  nonprofit cooperative public computer network, popularly known as
   1-18  the Internet.
   1-19              (3)  "State agency" means a state officer, board,
   1-20  commission, or department with statewide jurisdiction that makes
   1-21  rules or determines contested cases other than:
   1-22                    (A)  an agency wholly financed by federal money;
   1-23                    (B)  the legislature;
   1-24                    (C)  the courts;
   1-25                    (D)  the Texas Workers' Compensation Commission;
   1-26  or
   1-27                    (E)  an institution of higher education.
   1-28              (4) <(3)>  The following terms have the meanings
   1-29  assigned by Section 2001.003:
   1-30                    (A)  "contested case";
   1-31                    (B)  "license";
   1-32                    (C)  "licensing";
   1-33                    (D)  "party";
   1-34                    (E)  "person"; and
   1-35                    (F)  "rule."
   1-36        SECTION 2.  Subchapter B, Chapter 2002, Government Code, is
   1-37  amended by adding Section 2002.0151 to read as follows:
   1-38        Sec. 2002.0151.  ELECTRONIC AVAILABILITY OF TEXAS REGISTER.
   1-39  (a)  Subject to Subsection (e), the secretary of state:
   1-40              (1)  shall make the full text of the Texas Register
   1-41  available to the public through the Internet at no charge; and
   1-42              (2)  may make the full text of the Texas Register
   1-43  available on an electronic bulletin board at no charge.
   1-44        (b)  An edition of the Texas Register that is made available
   1-45  through the Internet or an electronic bulletin board operated by
   1-46  the secretary of state must be made available not later than the
   1-47  date of the edition.
   1-48        (c)  If the secretary of state does not make the full text of
   1-49  the Texas Register available on an electronic bulletin board, the
   1-50  secretary of state shall, on the request of one or more agencies
   1-51  that operate an electronic bulletin board, make the full text of
   1-52  the Texas Register available to at least one requesting agency for
   1-53  posting on that agency's electronic bulletin board until the
   1-54  secretary of state begins operating an electronic bulletin board.
   1-55        (d)  The secretary of state may electronically provide to the
   1-56  public specialized value-added services related to the Texas
   1-57  Register such as clipping services or subscription services at the
   1-58  market price for the services.
   1-59        (e)  The secretary of state shall determine whether making
   1-60  the Texas Register available on the Internet at no charge and on an
   1-61  electronic bulletin board at no charge, as provided by this
   1-62  section, results in a revenue shortfall that is not covered by the
   1-63  sale of value-added services as provided by Subsection (d).  The
   1-64  secretary of state shall report any shortfall attributed to the
   1-65  free Internet and electronic bulletin board services to the
   1-66  Legislative Budget Board in its biennial budget.  If a shortfall
   1-67  occurs, the secretary shall also request the appropriation of funds
   1-68  for the next biennial budget in the amount of the shortfall to
    2-1  continue the Internet and electronic bulletin board services at no
    2-2  charge.  If the requested funds are not appropriated, the secretary
    2-3  of state may, at the beginning of the next state fiscal year,
    2-4  charge user fees for the Internet and electronic bulletin board
    2-5  services in an amount that will compensate the secretary of state
    2-6  for the revenue shortfall.
    2-7        SECTION 3.  Section 2002.056(a), Government Code, is amended
    2-8  to read as follows:
    2-9        (a)  The data base for the administrative code <is
   2-10  confidential and> is exempt from disclosure under Chapter 552.
   2-11        SECTION 4.  Subchapter C, Chapter 2002, Government Code, is
   2-12  amended by adding Section 2002.057 to read as follows:
   2-13        Sec. 2002.057.  ELECTRONIC AVAILABILITY OF ADMINISTRATIVE
   2-14  CODE.  (a)  Subject to Subsection (d), the secretary of state:
   2-15              (1)  shall make the full text of the administrative
   2-16  code available to the public through the Internet at no charge, and
   2-17  update the text that is available through the Internet as soon as
   2-18  practicable; and
   2-19              (2)  may make the full text of the administrative code
   2-20  available on an electronic bulletin board at no charge.
   2-21        (b)  If the secretary of state does not make the full text of
   2-22  the administrative code available on an electronic bulletin board,
   2-23  the secretary of state shall, on the request of one or more
   2-24  agencies that operate an electronic bulletin board, make the full
   2-25  text of the administrative code available to at least one
   2-26  requesting agency for posting on that agency's electronic bulletin
   2-27  board until the secretary of state begins operating an electronic
   2-28  bulletin board.
   2-29        (c)  The secretary of state may electronically provide to the
   2-30  public specialized value-added services related to the
   2-31  administrative code such as clipping services or subscription
   2-32  services at the market price for the services.
   2-33        (d)  The secretary of state shall determine whether making
   2-34  the administrative code available on the Internet at no charge and
   2-35  on an electronic bulletin board at no charge, as provided by this
   2-36  section, results in a revenue shortfall that is not covered by the
   2-37  sale of value-added services as provided by Subsection (c).  The
   2-38  secretary of state shall report any shortfall attributed to the
   2-39  free Internet and electronic bulletin board services to the
   2-40  Legislative Budget Board in its biennial budget.  If a shortfall
   2-41  occurs, the secretary of state shall also request the appropriation
   2-42  of funds for the next biennial budget in the amount of the
   2-43  shortfall to continue the Internet and electronic bulletin board
   2-44  services at no charge.  If the requested funds are not
   2-45  appropriated, the secretary of state may, at the beginning of the
   2-46  next state fiscal year, charge user fees for the Internet and
   2-47  electronic bulletin board services in an amount that will
   2-48  compensate the secretary of state for the revenue shortfall.
   2-49        SECTION 5.  Section 2002.015, Government Code, is amended by
   2-50  amending Subsection (a) and adding Subsections (c) and (d) to read
   2-51  as follows:
   2-52        (a)  On request, the secretary of state shall make one copy
   2-53  of each issue of the Texas Register available without charge to:
   2-54              (1)  each board, commission, and department with
   2-55  statewide jurisdiction;
   2-56              (2)  the governor;
   2-57              (3)  the lieutenant governor;
   2-58              (4)  the attorney general;
   2-59              (5)  each member and each standing committee of the
   2-60  legislature;
   2-61              (6)  each county judge or each county clerk;
   2-62              (7)  each library of a public university <the Supreme
   2-63  Court of Texas>;
   2-64              (8)  one public library in each municipality that has a
   2-65  public library <the Texas Court of Criminal Appeals>; and
   2-66              (9)  each court of appeals.
   2-67        (c)  If the secretary of state determines that an entity
   2-68  requesting the Texas Register under Subsection (a) possesses
   2-69  computer and telecommunications equipment that allows the entity to
   2-70  access the Texas Register through the Internet or through an
    3-1  electronic bulletin board, the secretary may comply with Subsection
    3-2  (a) by providing the Texas Register to the entity at no charge
    3-3  through the Internet or through an electronic bulletin board, as
    3-4  applicable.
    3-5        (d)  The secretary of state shall determine whether making
    3-6  the Texas Register available without charge under Subsection (a)
    3-7  results in a revenue shortfall. If there is a shortfall, the
    3-8  secretary of state shall request an appropriation in that amount in
    3-9  the secretary's legislative appropriations request for the next
   3-10  state fiscal biennium for the purpose of complying with Subsection
   3-11  (a).  If the secretary of state does not receive an appropriation
   3-12  for that next state fiscal biennium of an amount necessary to cover
   3-13  the secretary's costs in complying with Subsection (a), the
   3-14  secretary may, beginning with the first day of the biennium, charge
   3-15  a subscription fee to entities requesting the Texas Register under
   3-16  Subsection (a) in an amount that will cover the secretary's revenue
   3-17  shortfall in complying with Subsection (a).
   3-18        SECTION 6.  Notwithstanding Sections 2002.0151 and 2002.057,
   3-19  Government Code, as added by this Act, the secretary of state is
   3-20  not required to make the full text of the Texas Administrative Code
   3-21  or of an edition of the Texas Register available to the public
   3-22  through the Internet or on an electronic bulletin board before
   3-23  January 1, 1996.
   3-24        SECTION 7.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
   3-28  days in each house be suspended, and this rule is hereby suspended,
   3-29  and that this Act take effect and be in force from and after its
   3-30  passage, and it is so enacted.
   3-31                               * * * * *