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 * * * * *