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.