1-1 By: Rosson S.B. No. 734 1-2 (In the Senate - Filed February 23, 1995; February 27, 1995, 1-3 read first time and referred to Committee on State Affairs; 1-4 March 14, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 12, Nays 0; March 14, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 734 By: Rosson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to promoting the ability of state agencies and the public 1-11 to access information maintained and services provided 1-12 electronically by state agencies. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 ARTICLE 1. TEXAS INFORMATION ACCESS ADVISORY COUNCIL 1-15 SECTION 1.01. DEFINITIONS. In this article: 1-16 (1) "Council" means the Texas Information Access 1-17 Advisory Council. 1-18 (2) "Institution of higher education" has the meaning 1-19 assigned by Section 61.003, Education Code. 1-20 (3) "State agency" means a board, commission, 1-21 committee, department, office, or other entity in any branch of 1-22 state government. The term includes an institution of higher 1-23 education. 1-24 SECTION 1.02. APPLICABILITY. (a) This article applies to 1-25 information that a state agency maintains electronically. 1-26 (b) This article applies to information that must be kept 1-27 confidential under open records law, Chapter 552, Government Code, 1-28 or other law only to the extent that this article provides for 1-29 protecting the confidentiality of that information. 1-30 SECTION 1.03. COMPOSITION OF COUNCIL. (a) The council 1-31 consists of: 1-32 (1) three members appointed by the governor; 1-33 (2) two members appointed by the lieutenant governor; 1-34 (3) two members appointed by the speaker of the house 1-35 of representatives; 1-36 (4) the comptroller; 1-37 (5) a representative of the Texas Legislative Council 1-38 appointed by the legislative council; 1-39 (6) a representative of the Department of Information 1-40 Resources appointed by the governing board of the department; 1-41 (7) a representative of the Texas Higher Education 1-42 Coordinating Board appointed by the board; and 1-43 (8) a representative of the Texas State Library and 1-44 Archives Commission appointed by the governing board of the 1-45 commission. 1-46 (b) In making their appointments to the council, the 1-47 governor, the lieutenant governor, and the speaker of the house of 1-48 representatives shall cooperate to ensure that a broad range of 1-49 public and private interests are represented on the council. 1-50 (c) The members of the council shall elect a member of the 1-51 council to be its presiding officer. 1-52 (d) The comptroller may designate an officer or employee of 1-53 the comptroller's office to represent the comptroller on the 1-54 council. 1-55 SECTION 1.04. EXPENSES. (a) State funds may not be used to 1-56 pay or reimburse the travel and other expenses incurred under this 1-57 article by a member appointed by the governor, the lieutenant 1-58 governor, or the speaker of the house of representatives. The 1-59 expenses incurred under this article by the representative of the 1-60 Texas Legislative Council, the representative of the Department of 1-61 Information Resources, the representative of the Texas State 1-62 Library and Archives Commission, or the representative of the Texas 1-63 Higher Education Coordinating Board may be paid or reimbursed only 1-64 by the agency represented by the person incurring the expenses. 1-65 The expenses incurred under this article by the comptroller or the 1-66 comptroller's designee may be paid only by the comptroller's 1-67 office. 1-68 (b) Expenses incurred under this article, other than the 2-1 expenses covered by Subsection (a) of this section, shall be paid 2-2 by the state agency or private entity that incurs the expenses. 2-3 The council may not incur or pay any expenses. 2-4 SECTION 1.05. DUTIES OF COUNCIL. (a) The council shall 2-5 study: 2-6 (1) the development of an electronic system that is 2-7 relatively easy to use and that the public may use to locate and 2-8 access state information; 2-9 (2) the feasibility and advisability of making the 2-10 electronic system available through a common entry point statewide; 2-11 (3) the advisability of requiring each state agency to 2-12 make its state information available to the public through the 2-13 electronic system; 2-14 (4) the measures that are necessary to ensure that the 2-15 electronic system cannot be used to access confidential information 2-16 that state agencies maintain electronically; 2-17 (5) the methods that could be used to ensure that 2-18 every person, including a person who lives in a rural area or a 2-19 person with disabilities, has equal access to the electronic 2-20 system; 2-21 (6) the advisability of requiring state agencies to 2-22 consider the public's right to access state information through the 2-23 electronic system before the agencies purchase computer equipment 2-24 or programs; 2-25 (7) the development of training and education services 2-26 to promote the public's frequent use of the electronic system; 2-27 (8) whether the cost of developing and maintaining the 2-28 electronic system would be offset by the increased governmental 2-29 efficiency that would result from the electronic system; 2-30 (9) the fees, if any, that would be charged for the 2-31 development and maintenance of the electronic system; and 2-32 (10) any other issues related to the electronic system 2-33 that the council determines should be studied. 2-34 (b) After completing the study required by Subsection (a) of 2-35 this section, the council shall advise the legislature about the 2-36 development and maintenance of the electronic system. The council 2-37 shall provide the advice through a written report. The council 2-38 shall deliver the report to the legislature not later than June 1, 2-39 1996. 2-40 SECTION 1.06. TASK FORCES. (a) The council may appoint 2-41 task forces to: 2-42 (1) conduct any aspect of the study required by 2-43 Subsection (a) of Section 1.05 of this article; and 2-44 (2) draft the report required by Subsection (b) of 2-45 Section 1.05 of this article. 2-46 (b) Any individual may be a member of a task force, 2-47 including an employee of a state agency that is not represented on 2-48 the council. 2-49 SECTION 1.07. EXEMPTION. The council or a task force 2-50 appointed by the council is not subject to Article 6252-33, Revised 2-51 Statutes. 2-52 SECTION 1.08. EXPIRATION. This article expires September 1, 2-53 1996. 2-54 ARTICLE 2. FEDERAL GRANTS 2-55 SECTION 2.01. AMENDMENT. Subchapter A, Chapter 2054, 2-56 Government Code, is amended by adding Section 2054.020 to read as 2-57 follows: 2-58 Sec. 2054.020. FEDERAL GRANTS FOR INFORMATION 2-59 INFRASTRUCTURE. (a) In this section, "information infrastructure" 2-60 means a way or method for the integration of information resources: 2-61 (1) to enable the public to connect electronically, 2-62 easily, and affordably with state agencies for the purpose of 2-63 obtaining the information and services offered by the agencies to 2-64 the public; or 2-65 (2) to enable state agencies to connect electronically 2-66 with each other for any legal purpose. 2-67 (b) This section applies only to grants from the federal 2-68 government for the study, development, implementation, operation, 2-69 maintenance, or upgrading of information infrastructures. 2-70 (c) When feasible, a state agency shall apply for any 3-1 federal grant for which the agency is eligible to apply if state 3-2 law impliedly or specifically authorizes the agency to expend the 3-3 grant funds according to federal requirements. 3-4 (d) If a federal grant is available only to state agencies 3-5 that submit a joint application for the grant, the agencies shall 3-6 cooperate in preparing and submitting the application. 3-7 (e) The department and the Office of State-Federal Relations 3-8 shall determine continuously which federal grant programs are 3-9 available to state agencies. The department and the office shall 3-10 periodically inform all state agencies about those programs. 3-11 (f) The department and the Office of State-Federal Relations 3-12 shall assist state agencies in applying for federal grants to 3-13 ensure that the applications have the greatest possible chance for 3-14 approval. 3-15 (g) The department and the Office of State-Federal Relations 3-16 shall on request assist a legislative agency under this section. A 3-17 legislative agency may participate in a joint application for a 3-18 federal grant under this section. 3-19 ARTICLE 3. EMERGENCY 3-20 SECTION 3.01. EMERGENCY. The importance of this legislation 3-21 and the crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and it is so enacted. 3-27 * * * * *