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