By: Armbrister S.B. No. 365
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Department of
1-2 Information Resources.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2054.005, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 2054.005. SUNSET PROVISION. The Department of
1-7 Information Resources is subject to Chapter 325 (Texas Sunset Act).
1-8 Unless continued in existence as provided by that chapter, the
1-9 department is abolished and this chapter expires September 1, 2009
1-10 [1997].
1-11 SECTION 2. Section 2054.021, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 2054.021. COMPOSITION OF BOARD; TERMS; TRAINING.
1-14 (a) The department is governed by a board composed of six voting
1-15 [nine] members appointed by the governor with the advice and
1-16 consent of the senate. [Three members must be appointed from a
1-17 list of individuals submitted to the governor by the speaker of the
1-18 house of representatives, and at least one of those appointees must
1-19 be a member of the house of representatives who serves on the board
1-20 ex officio as a voting member. Three members must be appointed
1-21 from a list of individuals submitted to the governor by the
1-22 lieutenant governor, and at least one of those appointees must be a
1-23 member of the senate who serves on the board ex officio as a voting
2-1 member.] One member must be employed by an institution of higher
2-2 education as defined by Section 61.003, Education Code. [In
2-3 addition to the members of the legislature who must be appointed
2-4 from the lists submitted by the lieutenant governor and the speaker
2-5 of the house of representatives, the governor may appoint other
2-6 members of the legislature to serve on the board ex officio as
2-7 voting members.]
2-8 (b) Voting members [Members] of the board serve for
2-9 staggered six-year terms with two [three] members' terms expiring
2-10 February 1 of each odd-numbered year.
2-11 (c) Two groups each composed of three ex officio members
2-12 serve on the board on a rotating basis. The ex officio members
2-13 serve as nonvoting members of the board. Only one group serves at
2-14 a time. The first group is composed of the executive director of
2-15 the Texas Workers' Compensation Commission, the commissioner of
2-16 health and human services, and the executive director of the Texas
2-17 Department of Transportation. Members of the first group serve for
2-18 two-year terms that begin February 1 of every other odd-numbered
2-19 year and that expire on February 1 of the next odd-numbered year.
2-20 The second group is composed of the commissioner of education, the
2-21 executive director of the Texas Department of Criminal Justice, and
2-22 the executive director of the Parks and Wildlife Department.
2-23 Members of the second group serve for two-year terms that begin
2-24 February 1 of the odd-numbered years in which the terms of members
2-25 of the first group expire and that expire on February 1 of the next
3-1 odd-numbered year.
3-2 (d) An ex officio member may designate the information
3-3 resources manager of the member's agency to serve in the member's
3-4 place.
3-5 (e) Appointments to the board shall be made without regard
3-6 to the race, color, disability, sex, religion, age, or national
3-7 origin of the appointees.
3-8 (f) Before a voting member of the board may assume the
3-9 member's duties and before the member may be confirmed by the
3-10 senate, the member must complete at least one course of the
3-11 training program established under this section. Before a
3-12 nonvoting member of the board may assume the member's duties, the
3-13 member must complete at least one course of the training program
3-14 established under this section.
3-15 (g) A training program established under this section must
3-16 provide information to the member regarding:
3-17 (1) the enabling legislation that created the
3-18 department and its policymaking body to which the member is
3-19 appointed to serve;
3-20 (2) the programs operated by the department;
3-21 (3) the role and functions of the department;
3-22 (4) the rules of the department with an emphasis on
3-23 the rules that relate to investigatory authority;
3-24 (5) the current budget for the department;
3-25 (6) the results of the most recent formal audit of the
4-1 department;
4-2 (7) the requirements of the:
4-3 (A) open meetings law, Chapter 551;
4-4 (B) open records law, Chapter 552; and
4-5 (C) administrative procedure law, Chapter 2001;
4-6 (8) the requirements of the conflict of interest laws
4-7 and other laws relating to public officials; and
4-8 (9) any applicable ethics policies adopted by the
4-9 department or the Texas Ethics Commission.
4-10 SECTION 3. Section 2054.022, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
4-13 board or an employee of the department may not:
4-14 (1) be a person required to register as a lobbyist
4-15 under Chapter 305 because of the person's activities for
4-16 compensation on behalf of a business entity that has, or on behalf
4-17 of a trade association of business entities that have, a
4-18 substantial interest in the information resources technologies
4-19 industry;
4-20 (2) be an officer, employee, or paid consultant of a
4-21 business entity that has, or of a trade association of business
4-22 entities that have, a substantial interest in the information
4-23 resources technologies industry and that may contract with state
4-24 government;
4-25 (3) own, control, or have, directly or indirectly,
5-1 more than a 10 percent interest in a business entity that has a
5-2 substantial interest in the information resources technologies
5-3 industry and that may contract with state government;
5-4 (4) receive more than 25 percent of the individual's
5-5 income from a business entity that has a substantial interest in
5-6 the information resources technologies industry and that may
5-7 contract with state government;
5-8 (5) be interested in or connected with a contract or
5-9 bid for furnishing a state agency with information resources
5-10 technologies;
5-11 (6) be employed by a state agency as a consultant on
5-12 information resources technologies; or
5-13 (7) accept or receive money or another thing of value
5-14 from an individual, firm, or corporation to whom a contract may be
5-15 awarded, directly or indirectly, by rebate, gift, or otherwise.
5-16 (b) A person who is the spouse of an officer, employee, or
5-17 paid consultant of a business entity that has, or of a trade
5-18 association of business entities that have, a substantial interest
5-19 in the information resources technologies industry and that may
5-20 contract with state government may not be:
5-21 (1) a member of the board; or
5-22 (2) an employee of the department who:
5-23 (A) is exempt from the state's position
5-24 classification plan; or
5-25 (B) is compensated at or above the amount
6-1 prescribed by the General Appropriations Act for step 1, salary
6-2 group 17, of the position classification salary schedule.
6-3 (c) For the purposes of this section, a trade association is
6-4 a nonprofit, cooperative, and voluntarily joined association of
6-5 business or professional competitors in this state designed to
6-6 assist its members and its industry or profession in dealing with
6-7 mutual business or professional problems and in promoting their
6-8 common interest.
6-9 (d) The executive director shall dismiss an employee of the
6-10 department who violates a prohibition under Subsection (a), and the
6-11 board shall remove the executive director if the executive director
6-12 violates a prohibition under Subsection (a).
6-13 SECTION 4. Subsection (c), Section 2054.025, Government
6-14 Code, is amended to read as follows:
6-15 (c) If the executive director has knowledge that a potential
6-16 ground for removal exists, the executive director shall inform the
6-17 presiding officer. The presiding officer shall then inform the
6-18 governor and the attorney general of the potential ground for
6-19 removal. If the potential ground for removal involves the
6-20 presiding officer, the executive director shall notify the next
6-21 highest ranking officer of the board, who shall notify the
6-22 governor and the attorney general that a potential ground for
6-23 removal exists.
6-24 SECTION 5. Section 2054.029, Government Code, is amended by
6-25 amending Subsection (b) and adding Subsection (c) to read as
7-1 follows:
7-2 (b) The executive director or the executive director's
7-3 designee shall provide to members of the board and to the
7-4 department's employees, as often as necessary, information
7-5 regarding their qualifications for office or employment under this
7-6 chapter and their responsibilities under applicable laws relating
7-7 to standards of conduct for state officers or employees.
7-8 (c) The board shall develop and implement policies that
7-9 clearly separate the policymaking responsibilities of the board and
7-10 the management responsibilities of the executive director and the
7-11 staff of the department.
7-12 SECTION 6. Section 2054.030, Government Code, is amended to
7-13 read as follows:
7-14 Sec. 2054.030. MERIT PAY. (a) The executive director or
7-15 the executive director's designee [department] shall develop a
7-16 system of annual performance evaluations that are based on
7-17 documented employee performance.
7-18 (b) All merit pay for department employees must be based on
7-19 [awarded under] the system established under this section.
7-20 SECTION 7. Section 2054.031, Government Code, is amended to
7-21 read as follows:
7-22 Sec. 2054.031. CAREER LADDER. (a) The executive director
7-23 or the executive director's designee [department] shall develop an
7-24 intraagency career ladder program that addresses opportunities for
7-25 mobility and advancement for employees within the department.
8-1 (b) The program shall require intraagency postings of all
8-2 [nonentry level] positions concurrently with any public posting.
8-3 SECTION 8. Section 2054.032, Government Code, is amended to
8-4 read as follows:
8-5 Sec. 2054.032. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
8-6 executive director or the executive director's designee
8-7 [department] shall prepare and maintain a written policy statement
8-8 to assure implementation of a program of equal employment
8-9 opportunity under which all personnel transactions are made without
8-10 regard to race, color, disability, sex, religion, age, or national
8-11 origin.
8-12 [(b)] The policy statement must include:
8-13 (1) personnel policies, including policies relating to
8-14 recruitment, evaluation, selection, appointment, training, and
8-15 promotion of personnel, that are in compliance with Chapter 21,
8-16 Labor Code;
8-17 (2) a comprehensive analysis of the department
8-18 workforce that meets federal and state guidelines;
8-19 (3) procedures by which a determination can be made
8-20 about the extent of underuse in the department workforce of all
8-21 persons for whom federal or state guidelines encourage a more
8-22 equitable balance; and
8-23 (4) reasonable methods to appropriately address those
8-24 areas of underuse.
8-25 (b) A policy statement prepared under Subsection (a) must
9-1 cover an annual period, be updated annually and reviewed by the
9-2 Commission on Human Rights for compliance with Subsection (a)(1),
9-3 and be filed with the governor's office.
9-4 (c) The governor's office shall deliver a biennial report to
9-5 the legislature based on the information received under Subsection
9-6 (b). The report may be made separately or as a part of other
9-7 biennial reports made to the legislature.
9-8 SECTION 9. Subchapter B, Chapter 2054, Government Code, is
9-9 amended by adding Sections 2054.034, 2054.035, and 2054.036 to read
9-10 as follows:
9-11 Sec. 2054.034. DEPARTMENT FINANCES. (a) All money paid to
9-12 the department under this chapter is subject to Subchapter F,
9-13 Chapter 404.
9-14 (b) The board, department, or executive director shall
9-15 prepare annually a complete and detailed written report accounting
9-16 for all funds received and disbursed by the department during the
9-17 preceding fiscal year. The annual report must meet the reporting
9-18 requirements applicable to financial reporting provided in the
9-19 General Appropriations Act.
9-20 Sec. 2054.035. PARTICIPATION AND ACCESSIBILITY. (a) The
9-21 board shall develop and implement policies that provide the public
9-22 with a reasonable opportunity to appear before the board and to
9-23 speak on any issue under the jurisdiction of the department.
9-24 (b) The department shall prepare information of public
9-25 interest describing the functions of the department and the
10-1 procedures by which complaints are filed with and resolved by the
10-2 department. The department shall make the information available to
10-3 the public and appropriate state agencies.
10-4 (c) The board by rule shall establish methods by which
10-5 consumers and service recipients are notified of the name, mailing
10-6 address, and telephone number of the department for the purpose of
10-7 directing complaints to the department. The board may provide for
10-8 that notification:
10-9 (1) on each registration form, application, or written
10-10 contract for services of an individual or entity regulated under
10-11 this chapter;
10-12 (2) on a sign prominently displayed in the place of
10-13 business of each individual or entity regulated under this chapter;
10-14 or
10-15 (3) in a bill for service provided by an individual or
10-16 entity regulated under this chapter.
10-17 (d) The department shall comply with federal and state laws
10-18 related to program and facility accessibility. The executive
10-19 director shall also prepare and maintain a written plan that
10-20 describes how a person who does not speak English can be provided
10-21 reasonable access to the department's programs and services.
10-22 Sec. 2054.036. COMPLAINTS. (a) The department shall keep a
10-23 file about each written complaint filed with the department that
10-24 the department has authority to resolve. The department shall
10-25 provide to the person filing the complaint and the persons or
11-1 entities complained about the department's policies and procedures
11-2 pertaining to complaint investigation and resolution. The
11-3 department, at least quarterly and until final disposition of the
11-4 complaint, shall notify the person filing the complaint and the
11-5 persons or entities complained about of the status of the complaint
11-6 unless the notice would jeopardize an undercover investigation.
11-7 (b) The department shall keep information about each
11-8 complaint filed with the department. The information shall
11-9 include:
11-10 (1) the date the complaint is received;
11-11 (2) the name of the complainant;
11-12 (3) the subject matter of the complaint;
11-13 (4) a record of all persons contacted in relation to
11-14 the complaint;
11-15 (5) a summary of the results of the review or
11-16 investigation of the complaint; and
11-17 (6) for complaints for which the department took no
11-18 action, an explanation of the reason the complaint was closed
11-19 without action.
11-20 SECTION 10. Section 2054.074, Government Code, is amended to
11-21 read as follows:
11-22 Sec. 2054.074. RESPONSIBILITY TO PREPARE OPERATING PLANS [OF
11-23 INFORMATION RESOURCES MANAGER]. The information resources manager
11-24 shall prepare the biennial operating plans under Subchapter E.
11-25 SECTION 11. Section 2054.075, Government Code, is amended to
12-1 read as follows:
12-2 Sec. 2054.075. COOPERATION WITH INFORMATION RESOURCES
12-3 MANAGER. (a) Each state agency shall cooperate as necessary with
12-4 its information resources manager to enable that individual to
12-5 perform the manager's duties.
12-6 (b) Each state agency shall provide that its information
12-7 resources manager is part of the agency's executive management and
12-8 reports directly to a person with a title functionally equivalent
12-9 to executive director or deputy executive director. Each state
12-10 agency shall report to the department the extent and results of its
12-11 compliance with this subsection, and the department shall report
12-12 the extent and results of state agencies' compliance to the
12-13 legislature.
12-14 SECTION 12. Section 2054.076, Government Code, is amended to
12-15 read as follows:
12-16 Sec. 2054.076. TRAINING AND CONTINUING EDUCATION. (a) The
12-17 department periodically shall analyze the training needs of
12-18 information resources managers and adjust its initial training and
12-19 continuing education guidelines based on its analyses. The
12-20 department's analyses must take into account the different training
12-21 needs of information resources managers at both large and small
12-22 state agencies.
12-23 (b) The department shall provide mandatory guidelines to
12-24 state agencies regarding the initial and continuing education
12-25 requirements needed for information resources managers and require
13-1 information resources managers to report their compliance with the
13-2 requirements to the department.
13-3 (c) The department's initial training and continuing
13-4 education guidelines must require information resources managers to
13-5 receive training and continuing education in:
13-6 (1) implementing quality assurance programs;
13-7 (2) training the people who use the agency's
13-8 information resources and information resources technologies; and
13-9 (3) balancing the technical aspects of information
13-10 resources and information resources technologies with the agency's
13-11 business needs.
13-12 (d) [(b)] An individual who is appointed the information
13-13 resources manager of a state agency before September 1, 1992, is
13-14 exempt from the requirements of the department regarding initial
13-15 education needed for that position.
13-16 (e) [(c)] The department may provide educational materials
13-17 and seminars for state agencies and information resources managers.
13-18 SECTION 13. Subsection (d), Section 2054.095, Government
13-19 Code, is amended to read as follows:
13-20 (d) The department by rule shall adopt instructions,
13-21 consistent with Section 2054.096, that guide state agencies in the
13-22 preparation of their agency strategic plans. The instructions must
13-23 include the general criteria under which the department will
13-24 evaluate the plan. The department shall send the instructions to
13-25 each state agency not later than the date prescribed by department
14-1 rule [February 1 of each even-numbered year].
14-2 SECTION 14. Subsections (a) and (b), Section 2054.097,
14-3 Government Code, are amended to read as follows:
14-4 (a) A state agency shall send its strategic plan to the
14-5 department for review and approval not later than the date
14-6 prescribed by department rule [January 1 of each odd-numbered
14-7 year]. The department shall prescribe the date so that it aligns
14-8 with the date a state agency is required to submit its strategic
14-9 plan under Chapter 2056.
14-10 (b) The department shall review and approve or disapprove
14-11 each agency strategic plan not later than the 90th day after the
14-12 date the department receives the plan [April 15 of each
14-13 odd-numbered year].
14-14 SECTION 15. Subsection (c), Section 2054.100, Government
14-15 Code, is amended to read as follows:
14-16 (c) A state agency shall amend its biennial operating plan
14-17 when necessary to reflect changes in the plan during a biennium.
14-18 At a minimum, an agency shall amend its biennial operating plan to
14-19 reflect significant new or changed information resources
14-20 initiatives or information resources technologies initiatives
14-21 contained in the agency's legislative appropriations request. Not
14-22 later than the date prescribed by department rule, an agency shall
14-23 submit an amended plan to reflect new or changed initiatives
14-24 contained in the agency's legislative appropriations request.
14-25 SECTION 16. Section 2054.103, Government Code, is amended to
15-1 read as follows:
15-2 Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state
15-3 agency shall send a copy of its biennial operating plan and of any
15-4 amendments to the plan, as approved by the department, to the
15-5 governor, the Legislative Budget Board, and the state auditor not
15-6 later than the 30th day after the date the department approves the
15-7 plan or amendment, as applicable.
15-8 SECTION 17. Section 2054.118, Government Code, is amended to
15-9 read as follows:
15-10 Sec. 2054.118. MAJOR INFORMATION RESOURCES PROJECT. (a) A
15-11 state agency may not spend appropriated funds for a major
15-12 information resources project unless the project has been approved
15-13 by the department in the agency's biennial operating plan.
15-14 (b) The department shall develop rules or guidelines for its
15-15 review of major information resources projects. The department
15-16 shall also assist the Legislative Budget Board in evaluating the
15-17 determinations about comparative costs and benefits that state
15-18 agencies make under Subsection (c).
15-19 (c) A state agency that proposes to spend appropriated funds
15-20 for a major information resources project must first determine:
15-21 (1) the comparative benefits of using agency personnel
15-22 contrasted with using outside contractors to design the project;
15-23 and
15-24 (2) the comparative total costs of leasing and of
15-25 purchasing the information resources and information resources
16-1 technologies involved in the project, with those costs to be
16-2 determined after taking into account the use of the resources and
16-3 technologies over their lifetimes.
16-4 (d) In this section, "major information resources project"
16-5 means any information resources technology project identified in a
16-6 state agency's biennial operating plan with development costs that
16-7 exceed $1 million and that:
16-8 (1) requires one year or longer to reach operations
16-9 status;
16-10 (2) involves more than one state agency; or
16-11 (3) substantially alters work methods of state agency
16-12 personnel or the delivery of services to clients.
16-13 SECTION 18. Chapter 2054, Government Code, is amended by
16-14 adding Subchapter G to read as follows:
16-15 SUBCHAPTER G. INTERNAL QUALITY ASSURANCE
16-16 Sec. 2054.151. PURPOSE AND FINDINGS. (a) The legislature
16-17 intends that state agency information resources and information
16-18 resources technologies projects will be successfully completed on
16-19 time and within budget and that the projects will function and
16-20 provide benefits in the manner the agency projected in its plans
16-21 submitted to the department and in its appropriations requests
16-22 submitted to the legislature.
16-23 (b) The legislature finds that to ensure the successful
16-24 completion of all but the smallest or lowest risk projects, each
16-25 state agency must develop and implement its own internal quality
17-1 assurance procedures.
17-2 Sec. 2054.152. DEFINITION. In this subchapter, "internal
17-3 quality assurance procedures" includes methods that an agency
17-4 employs to identify and mitigate risks on its projects, to ensure
17-5 that it follows established state technology standards, and to
17-6 provide accountability for the money spent on its projects.
17-7 Sec. 2054.153. DEPARTMENT GUIDELINES. (a) The department
17-8 by rule shall establish model guidelines for state agencies to use
17-9 in developing their own internal quality assurance procedures.
17-10 (b) The department's guidelines must address:
17-11 (1) planning project development;
17-12 (2) determining the projected benefits of a project;
17-13 (3) developing and implementing management control
17-14 processes;
17-15 (4) projecting the budget for a project;
17-16 (5) analyzing the risks of a project;
17-17 (6) establishing standards by which the effectiveness
17-18 and efficiency of a project can be evaluated; and
17-19 (7) evaluating and reporting on the project after
17-20 implementation.
17-21 Sec. 2054.154. DEPARTMENT ASSISTANCE. The department shall
17-22 establish a comprehensive technical assistance program to aid state
17-23 agencies in developing and implementing their own internal quality
17-24 assurance procedures.
17-25 Sec. 2054.155. EXEMPTION FOR CERTAIN PROJECTS. The
18-1 department by rule may exempt state agency projects that fall below
18-2 minimum cost and risk thresholds established by the department from
18-3 the requirement to implement internal quality assurance procedures.
18-4 Sec. 2054.156. STATE AGENCY DUTIES. (a) Each state agency
18-5 shall develop its own internal quality assurance procedures based
18-6 on the department's model guidelines. Each state agency shall use
18-7 its internal quality assurance procedures to evaluate each of its
18-8 projects that is not exempt under Section 2054.155.
18-9 (b) The agency's information resources manager shall develop
18-10 and oversee the implementation of the agency's internal quality
18-11 assurance procedures except to the extent that the agency contracts
18-12 with another governmental entity or with a private entity to
18-13 develop or implement all or part of the procedures.
18-14 (c) The agency's information resources manager shall
18-15 demonstrate in the agency strategic plan the extent to which the
18-16 agency uses its internal quality assurance procedures.
18-17 Sec. 2054.157. OVERSIGHT BY DEPARTMENT. (a) The department
18-18 may make formal recommendations to a state agency regarding the
18-19 agency's need to develop, implement, or improve its internal
18-20 quality assurance procedures.
18-21 (b) The department shall report on state agencies' progress
18-22 in developing and implementing internal quality assurance
18-23 procedures as part of the department's biennial performance report.
18-24 SECTION 19. Chapter 2054, Government Code, is amended by
18-25 adding Subchapter H to read as follows:
19-1 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING GROUP
19-2 Sec. 2054.201. COMPOSITION. (a) The telecommunications
19-3 planning group is composed of the comptroller, the executive
19-4 director of the department, and the executive director of the
19-5 General Services Commission.
19-6 (b) Each member of the group may designate an employee of
19-7 the member's agency to serve in the member's place.
19-8 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
19-9 telecommunications planning group shall post notice of its meetings
19-10 in accordance with the open meetings law, Chapter 551, in the
19-11 manner required for a state governmental body under that chapter.
19-12 (b) The department shall coordinate the staff and
19-13 administrative support provided to the telecommunications planning
19-14 group by the department, by the comptroller, and by the General
19-15 Services Commission.
19-16 (c) The telecommunications planning group may periodically
19-17 elect one of its members to serve as presiding officer of the
19-18 group.
19-19 Sec. 2054.203. TELECOMMUNICATIONS PLANNING AND POLICY.
19-20 (a) The telecommunications planning group shall comprehensively
19-21 collect and manage telecommunications network configuration
19-22 information about existing and planned telecommunications networks
19-23 throughout state government.
19-24 (b) The telecommunications planning group may require state
19-25 agencies to submit to the group the agencies' network configuration
20-1 information, but the group must use existing reports to gather the
20-2 information if possible and minimize the reporting burden on
20-3 agencies to the extent possible.
20-4 (c) The telecommunications planning group shall establish
20-5 plans and policies for a system of telecommunications services to
20-6 be managed and operated by the General Services Commission.
20-7 (d) The telecommunications planning group shall develop a
20-8 statewide telecommunications operating plan for all state agencies.
20-9 The plan shall implement a statewide network and include technical
20-10 specifications that are binding on the General Services Commission.
20-11 (e) The department shall adopt appropriate policies and
20-12 standards that govern the cost-effective and efficient management,
20-13 operation, and use of state telecommunications services and shall
20-14 distribute those policies and standards to all state agencies.
20-15 (f) Each state agency shall comply with the rules, policies,
20-16 standards, and guidelines the department adopts under this section.
20-17 Sec. 2054.204. DEVELOPMENT OF PLAN FOR STATE
20-18 TELECOMMUNICATIONS NETWORK. (a) The telecommunications planning
20-19 group shall develop a plan for a state telecommunications network
20-20 that will effectively and efficiently meet the long-term
20-21 requirements of state government for voice, video, and computer
20-22 communications, with the goal of achieving a single centralized
20-23 telecommunications network for state government.
20-24 (b) The plan must recognize that all state agencies,
20-25 including institutions of higher education, are a single entity for
21-1 purposes of purchasing and the determination of tariffs.
21-2 (c) The plan must incorporate efficiencies obtained through
21-3 the use of shared transmission services and open systems
21-4 architecture as they become available, building on existing systems
21-5 as appropriate. In developing the plan, the telecommunications
21-6 planning group shall make use of the technical expertise of state
21-7 agencies, including institutions of higher education.
21-8 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
21-9 telecommunications planning group shall develop functional
21-10 requirements for a statewide system of telecommunications services
21-11 for all state agencies. Existing networks, as configured on
21-12 September 1, 1991, of institutions of higher education are exempt
21-13 from the requirements.
21-14 (b) The telecommunications planning group shall develop
21-15 requests for information and proposals for a statewide system of
21-16 telecommunications services for all state agencies.
21-17 (c) The telecommunications planning group shall negotiate
21-18 rates and execute contracts with telecommunications service
21-19 providers for services. The telecommunications planning group may:
21-20 (1) acquire transmission facilities by purchase,
21-21 lease, or lease-purchase in accordance with Chapters 2155-2158; and
21-22 (2) develop, establish, and maintain carrier systems
21-23 necessary to the operation of the telecommunications system.
21-24 Sec. 2054.206. ADVISORY AGENCIES. The following state
21-25 agencies shall formally advise the telecommunications planning
22-1 group and send representatives to meetings of the group:
22-2 (1) the Texas Education Agency;
22-3 (2) the Texas Higher Education Coordinating Board;
22-4 (3) The Texas A&M University System;
22-5 (4) The University of Texas System;
22-6 (5) the Telecommunications Infrastructure Fund Board;
22-7 and
22-8 (6) the Texas State Library and Archives Commission.
22-9 Sec. 2054.207. REPORT. The telecommunications planning
22-10 group shall report biennially to the legislature not later than
22-11 October 1 of each even-numbered year on the status of the current
22-12 plan for a state telecommunications network and on the progress
22-13 state government has made towards accomplishing the goals of the
22-14 plan.
22-15 SECTION 20. Sections 2054.059, 2054.072, 2170.054, 2170.055,
22-16 and 2170.060, Government Code, are repealed.
22-17 SECTION 21. (a) This section governs the transition from a
22-18 voting nine-member governing board of the Department of Information
22-19 Resources to a board composed of six voting members and two
22-20 rotating groups of three nonvoting ex officio members in accordance
22-21 with the changes in law made by this Act.
22-22 (b) The changes in law made by this Act to Sections 2054.021
22-23 and 2054.022, Government Code, apply only to a member who is
22-24 appointed to serve on the governing board of the Department of
22-25 Information Resources on or after the effective date of this Act,
23-1 including a member who is appointed to fill a vacancy in an
23-2 unexpired term on or after the effective date of this Act. A
23-3 member of the governing board of the Department of Information
23-4 Resources who is serving on the board immediately before the
23-5 effective date of this Act is governed for the remainder of the
23-6 member's current term by Sections 2054.021 and 2054.022, Government
23-7 Code, as those statutes existed immediately before the effective
23-8 date of this Act, and the prior law is continued in effect for this
23-9 purpose.
23-10 (c) The three voting board positions with terms that expire
23-11 February 1, 1999, are abolished on that date.
23-12 (d) On February 1, 1999, the first two-year terms on the
23-13 board begin for the members of the nonvoting ex officio group
23-14 composed of the executive director of the Texas Workers'
23-15 Compensation Commission, the commissioner of health and human
23-16 services, and the executive director of the Texas Department of
23-17 Transportation. On February 1, 2001, those three members' first
23-18 terms expire, and the first two-year terms on the board begin for
23-19 the members of the nonvoting ex officio group composed of the
23-20 commissioner of education, the executive director of the Texas
23-21 Department of Criminal Justice, and the executive director of the
23-22 Parks and Wildlife Department.
23-23 (e) In appointing voting members of the board to terms
23-24 scheduled to begin February 1, 2001, the governor shall appoint one
23-25 voting member to the board for a term expiring February 1, 2003,
24-1 one voting member for a term expiring February 1, 2005, and one
24-2 voting member for a term expiring February 1, 2007.
24-3 (f) In appointing voting members of the board to terms
24-4 scheduled to begin February 1, 2003, the governor shall appoint one
24-5 voting member to the board for a term expiring February 1, 2005,
24-6 one voting member for a term expiring February 1, 2007, and two
24-7 voting members for terms expiring February 1, 2009.
24-8 SECTION 22. This Act takes effect September 1, 1997.
24-9 SECTION 23. The importance of this legislation and the
24-10 crowded condition of the calendars in both houses create an
24-11 emergency and an imperative public necessity that the
24-12 constitutional rule requiring bills to be read on three several
24-13 days in each house be suspended, and this rule is hereby suspended.