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.