By: Rosson S.B. No. 734 A BILL TO BE ENTITLED AN ACT 1-1 relating to promoting the ability of state agencies and the public 1-2 to access information maintained and services provided 1-3 electronically by state agencies. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 ARTICLE 1. TEXAS INFORMATION ACCESS ADVISORY COUNCIL 1-6 SECTION 1.01. DEFINITIONS. In this article: 1-7 (1) "Council" means the Texas Information Access 1-8 Advisory Council. 1-9 (2) "Institution of higher education" has the meaning 1-10 assigned by Section 61.003, Education Code. 1-11 (3) "State agency" means a board, commission, 1-12 committee, department, office, or other entity in any branch of 1-13 state government. The term includes an institution of higher 1-14 education. 1-15 SECTION 1.02. APPLICABILITY. (a) This article applies to 1-16 information that a state agency maintains electronically. 1-17 (b) This article applies to information that must be kept 1-18 confidential under open records law, Chapter 552, Government Code, 1-19 or other law only to the extent that this article provides for 1-20 protecting the confidentiality of that information. 1-21 SECTION 1.03. COMPOSITION OF COUNCIL. (a) The council 1-22 consists of: 1-23 (1) three members appointed by the governor; 2-1 (2) two members appointed by the lieutenant governor; 2-2 (3) two members appointed by the speaker of the house 2-3 of representatives; 2-4 (4) the comptroller; 2-5 (5) a representative of the Texas Legislative Council 2-6 appointed by the legislative council; 2-7 (6) a representative of the Department of Information 2-8 Resources appointed by the governing board of the department; 2-9 (7) a representative of the Texas Higher Education 2-10 Coordinating Board appointed by the board; and 2-11 (8) a representative of the Texas State Library and 2-12 Archives Commission appointed by the governing board of the 2-13 commission. 2-14 (b) In making their appointments to the council, the 2-15 governor, the lieutenant governor, and the speaker of the house of 2-16 representatives shall cooperate to ensure that a broad range of 2-17 public and private interests are represented on the council. 2-18 (c) The members of the council shall elect a member of the 2-19 council to be its presiding officer. 2-20 (d) The comptroller may designate an officer or employee of 2-21 the comptroller's office to represent the comptroller on the 2-22 council. 2-23 SECTION 1.04. EXPENSES. (a) State funds may not be used to 2-24 pay or reimburse the travel and other expenses incurred under this 2-25 article by a member appointed by the governor, the lieutenant 3-1 governor, or the speaker of the house of representatives. The 3-2 expenses incurred under this article by the representative of the 3-3 Texas Legislative Council, the representative of the Department of 3-4 Information Resources, the representative of the Texas State 3-5 Library and Archives Commission, or the representative of the Texas 3-6 Higher Education Coordinating Board may be paid or reimbursed only 3-7 by the agency represented by the person incurring the expenses. 3-8 The expenses incurred under this article by the comptroller or the 3-9 comptroller's designee may be paid only by the comptroller's 3-10 office. 3-11 (b) Expenses incurred under this article, other than the 3-12 expenses covered by Subsection (a) of this section, shall be paid 3-13 by the state agency or private entity that incurs the expenses. 3-14 The council may not incur or pay any expenses. 3-15 SECTION 1.05. DUTIES OF COUNCIL. (a) The council shall 3-16 study: 3-17 (1) the development of an electronic system that is 3-18 relatively easy to use and that the public may use to locate and 3-19 access state information; 3-20 (2) the feasibility and advisability of making the 3-21 electronic system available through a common entry point statewide; 3-22 (3) the advisability of requiring each state agency to 3-23 make its state information available to the public through the 3-24 electronic system; 3-25 (4) the measures that are necessary to ensure that the 4-1 electronic system cannot be used to access confidential information 4-2 that state agencies maintain electronically; 4-3 (5) the methods that could be used to ensure that 4-4 every person, including a person who lives in a rural area or a 4-5 person with disabilities, has equal access to the electronic 4-6 system; 4-7 (6) the advisability of requiring state agencies to 4-8 consider the public's right to access state information through the 4-9 electronic system before the agencies purchase computer equipment 4-10 or programs; 4-11 (7) the development of training and education services 4-12 to promote the public's frequent use of the electronic system; 4-13 (8) whether the cost of developing and maintaining the 4-14 electronic system would be offset by the increased governmental 4-15 efficiency that would result from the electronic system; 4-16 (9) the fees, if any, that would be charged for the 4-17 development and maintenance of the electronic system; and 4-18 (10) any other issues related to the electronic system 4-19 that the council determines should be studied. 4-20 (b) After completing the study required by Subsection (a) of 4-21 this section, the council shall advise the legislature about the 4-22 development and maintenance of the electronic system. The council 4-23 shall provide the advice through a written report. The council 4-24 shall deliver the report to the legislature not later than June 1, 4-25 1996. 5-1 SECTION 1.06. TASK FORCES. (a) The council may appoint 5-2 task forces to: 5-3 (1) conduct any aspect of the study required by 5-4 Subsection (a) of Section 1.05 of this article; and 5-5 (2) draft the report required by Subsection (b) of 5-6 Section 1.05 of this article. 5-7 (b) Any individual may be a member of a task force, 5-8 including an employee of a state agency that is not represented on 5-9 the council. 5-10 SECTION 1.07. EXEMPTION. The council or a task force 5-11 appointed by the council is not subject to Article 6252-33, Revised 5-12 Statutes. 5-13 SECTION 1.08. EXPIRATION. This article expires September 1, 5-14 1996. 5-15 ARTICLE 2. FEDERAL GRANTS 5-16 SECTION 2.01. AMENDMENT. Subchapter A, Chapter 2054, 5-17 Government Code, is amended by adding Section 2054.020 to read as 5-18 follows: 5-19 Sec. 2054.020. FEDERAL GRANTS FOR INFORMATION 5-20 INFRASTRUCTURE. (a) In this section, "information infrastructure" 5-21 means a way or method for the integration of information resources: 5-22 (1) to enable the public to connect electronically, 5-23 easily, and affordably with state agencies for the purpose of 5-24 obtaining the information and services offered by the agencies to 5-25 the public; or 6-1 (2) to enable state agencies to connect electronically 6-2 with each other for any legal purpose. 6-3 (b) This section applies only to grants from the federal 6-4 government for the study, development, implementation, operation, 6-5 maintenance, or upgrading of information infrastructures. 6-6 (c) When feasible, a state agency shall apply for any 6-7 federal grant for which the agency is eligible to apply if state 6-8 law impliedly or specifically authorizes the agency to expend the 6-9 grant funds according to federal requirements. 6-10 (d) If a federal grant is available only to state agencies 6-11 that submit a joint application for the grant, the agencies shall 6-12 cooperate in preparing and submitting the application. 6-13 (e) The department and the Office of State-Federal Relations 6-14 shall determine continuously which federal grant programs are 6-15 available to state agencies. The department and the office shall 6-16 periodically inform all state agencies about those programs. 6-17 (f) The department and the Office of State-Federal Relations 6-18 shall assist state agencies in applying for federal grants to 6-19 ensure that the applications have the greatest possible chance for 6-20 approval. 6-21 (g) The department and the Office of State-Federal Relations 6-22 shall on request assist a legislative agency under this section. A 6-23 legislative agency may participate in a joint application for a 6-24 federal grant under this section. 6-25 ARTICLE 3. EMERGENCY 7-1 SECTION 3.01. EMERGENCY. The importance of this legislation 7-2 and the crowded condition of the calendars in both houses create an 7-3 emergency and an imperative public necessity that the 7-4 constitutional rule requiring bills to be read on three several 7-5 days in each house be suspended, and this rule is hereby suspended, 7-6 and that this Act take effect and be in force from and after its 7-7 passage, and it is so enacted.