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.
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