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 * * * * *