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) To be eligible to take office or serve as a voting or
3-9 nonvoting member of the board, a person appointed to or scheduled
3-10 to serve as an ex officio member of the board must complete at
3-11 least one course of a training program that complies with this
3-12 section. A voting or nonvoting board member must complete a
3-13 training program that complies with Subsection (g) not later than
3-14 the 180th day after the date on which the person takes office or
3-15 begins serving as a member of the board.
3-16 (g) The training program must provide information to the
3-17 person regarding:
3-18 (1) the enabling legislation that created the
3-19 department and its policymaking body to which the person is
3-20 appointed to serve;
3-21 (2) the programs operated by the department;
3-22 (3) the role and functions of the department;
3-23 (4) the rules of the department, with an emphasis on
3-24 the rules that relate to disciplinary and investigatory authority;
3-25 (5) the current budget for the department;
4-1 (6) the results of the most recent formal audit of the
4-2 department;
4-3 (7) the requirements of the:
4-4 (A) open meetings law, Chapter 551;
4-5 (B) open records law, Chapter 552; and
4-6 (C) administrative procedure law, Chapter 2001;
4-7 (8) the requirements of the conflict of interest laws
4-8 and other laws relating to public officials; and
4-9 (9) any applicable ethics policies adopted by the
4-10 department or the Texas Ethics Commission.
4-11 (h) A person appointed to the board is entitled to
4-12 reimbursement for travel expenses incurred in attending the
4-13 training program, as provided by the General Appropriations Act and
4-14 as if the person were a member of the board.
4-15 SECTION 3. Section 2054.022, Government Code, is amended to
4-16 read as follows:
4-17 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
4-18 board or an employee of the department may not:
4-19 (1) be a person required to register as a lobbyist
4-20 under Chapter 305 because of the person's activities for
4-21 compensation on behalf of a business entity that has, or on behalf
4-22 of a trade association of business entities that have, a
4-23 substantial interest in the information resources technologies
4-24 industry;
4-25 (2) be an officer, employee, or paid consultant of a
5-1 business entity that has, or of a trade association of business
5-2 entities that have, a substantial interest in the information
5-3 resources technologies industry and that may contract with state
5-4 government;
5-5 (3) own, control, or have, directly or indirectly,
5-6 more than a 10 percent interest in a business entity that has a
5-7 substantial interest in the information resources technologies
5-8 industry and that may contract with state government;
5-9 (4) receive more than 25 percent of the individual's
5-10 income from a business entity that has a substantial interest in
5-11 the information resources technologies industry and that may
5-12 contract with state government;
5-13 (5) be interested in or connected with a contract or
5-14 bid for furnishing a state agency with information resources
5-15 technologies;
5-16 (6) be employed by a state agency as a consultant on
5-17 information resources technologies; or
5-18 (7) accept or receive money or another thing of value
5-19 from an individual, firm, or corporation to whom a contract may be
5-20 awarded, directly or indirectly, by rebate, gift, or otherwise.
5-21 (b) A person who is the spouse of an officer, employee, or
5-22 paid consultant of a business entity that has, or of a trade
5-23 association of business entities that have, a substantial interest
5-24 in the information resources technologies industry and that may
5-25 contract with state government may not be:
6-1 (1) a member of the board; or
6-2 (2) an employee of the department who:
6-3 (A) is exempt from the state's position
6-4 classification plan; or
6-5 (B) is compensated at or above the amount
6-6 prescribed by the General Appropriations Act for step 1, salary
6-7 group 17, of the position classification salary schedule.
6-8 (c) For the purposes of this section, a trade association is
6-9 a nonprofit, cooperative, and voluntarily joined association of
6-10 business or professional competitors in this state designed to
6-11 assist its members and its industry or profession in dealing with
6-12 mutual business or professional problems and in promoting their
6-13 common interest.
6-14 (d) The executive director shall dismiss an employee of the
6-15 department who violates a prohibition under Subsection (a), and the
6-16 board shall remove the executive director if the executive director
6-17 violates a prohibition under Subsection (a).
6-18 SECTION 4. Subsection (c), Section 2054.025, Government
6-19 Code, is amended to read as follows:
6-20 (c) If the executive director has knowledge that a potential
6-21 ground for removal exists, the executive director shall inform the
6-22 presiding officer. The presiding officer shall then inform the
6-23 governor and the attorney general of the potential ground for
6-24 removal. If the potential ground for removal involves the
6-25 presiding officer, the executive director shall notify the next
7-1 highest ranking officer of the board, who shall notify the
7-2 governor and the attorney general that a potential ground for
7-3 removal exists.
7-4 SECTION 5. Section 2054.029, Government Code, is amended by
7-5 amending Subsection (b) and adding Subsection (c) to read as
7-6 follows:
7-7 (b) The executive director or the executive director's
7-8 designee shall provide to members of the board and to the
7-9 department's employees, as often as necessary, information
7-10 regarding their qualifications for office or employment under this
7-11 chapter and their responsibilities under applicable laws relating
7-12 to standards of conduct for state officers or employees.
7-13 (c) The board shall develop and implement policies that
7-14 clearly separate the policymaking responsibilities of the board and
7-15 the management responsibilities of the executive director and the
7-16 staff of the department.
7-17 SECTION 6. Section 2054.030, Government Code, is amended to
7-18 read as follows:
7-19 Sec. 2054.030. MERIT PAY. (a) The executive director or
7-20 the executive director's designee [department] shall develop a
7-21 system of annual performance evaluations that are based on
7-22 documented employee performance.
7-23 (b) All merit pay for department employees must be based on
7-24 [awarded under] the system established under this section.
7-25 SECTION 7. Section 2054.031, Government Code, is amended to
8-1 read as follows:
8-2 Sec. 2054.031. CAREER LADDER. (a) The executive director
8-3 or the executive director's designee [department] shall develop an
8-4 intraagency career ladder program that addresses opportunities for
8-5 mobility and advancement for employees within the department.
8-6 (b) The program shall require intraagency postings of all
8-7 [nonentry level] positions concurrently with any public posting.
8-8 SECTION 8. Section 2054.032, Government Code, is amended to
8-9 read as follows:
8-10 Sec. 2054.032. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
8-11 executive director or the executive director's designee
8-12 [department] shall prepare and maintain a written policy statement
8-13 to assure implementation of a program of equal employment
8-14 opportunity under which all personnel transactions are made without
8-15 regard to race, color, disability, sex, religion, age, or national
8-16 origin.
8-17 [(b)] The policy statement must include:
8-18 (1) personnel policies, including policies relating to
8-19 recruitment, evaluation, selection, appointment, training, and
8-20 promotion of personnel, that are in compliance with Chapter 21,
8-21 Labor Code;
8-22 (2) a comprehensive analysis of the department
8-23 workforce that meets federal and state laws, rules, and regulations
8-24 and instructions promulgated directly from those laws, rules, and
8-25 regulations;
9-1 (3) procedures by which a determination can be made
9-2 about the extent of underuse in the department workforce of all
9-3 persons for whom federal or state laws, rules, and regulations and
9-4 instructions promulgated directly from those laws, rules, and
9-5 regulations encourage a more equitable balance; and
9-6 (4) reasonable methods to appropriately address those
9-7 areas of underuse.
9-8 (b) A policy statement prepared under Subsection (a) must
9-9 cover an annual period, be updated annually and reviewed by the
9-10 Commission on Human Rights for compliance with Subsection (a)(1),
9-11 and be filed with the governor's office.
9-12 (c) The governor's office shall deliver a biennial report to
9-13 the legislature based on the information received under Subsection
9-14 (b). The report may be made separately or as a part of other
9-15 biennial reports made to the legislature.
9-16 SECTION 9. Subchapter B, Chapter 2054, Government Code, is
9-17 amended by adding Sections 2054.034, 2054.035, and 2054.036 to read
9-18 as follows:
9-19 Sec. 2054.034. DEPARTMENT FINANCES. (a) All money paid to
9-20 the department under this chapter is subject to Subchapter F,
9-21 Chapter 404.
9-22 (b) The board, department, or executive director shall
9-23 prepare annually a complete and detailed written report accounting
9-24 for all funds received and disbursed by the department during the
9-25 preceding fiscal year. The annual report must meet the reporting
10-1 requirements applicable to financial reporting provided in the
10-2 General Appropriations Act.
10-3 Sec. 2054.035. PARTICIPATION AND ACCESSIBILITY. (a) The
10-4 board shall develop and implement policies that provide the public
10-5 with a reasonable opportunity to appear before the board and to
10-6 speak on any issue under the jurisdiction of the department.
10-7 (b) The department shall prepare information of public
10-8 interest describing the functions of the department and the
10-9 procedures by which complaints are filed with and resolved by the
10-10 department. The department shall make the information available to
10-11 the public and appropriate state agencies.
10-12 (c) The board by rule shall establish methods by which
10-13 consumers and service recipients are notified of the name, mailing
10-14 address, and telephone number of the department for the purpose of
10-15 directing complaints to the department. The board may provide for
10-16 that notification:
10-17 (1) on each registration form, application, or written
10-18 contract for services of an individual or entity regulated under
10-19 this chapter;
10-20 (2) on a sign prominently displayed in the place of
10-21 business of each individual or entity regulated under this chapter;
10-22 or
10-23 (3) in a bill for service provided by an individual or
10-24 entity regulated under this chapter.
10-25 (d) The department shall comply with federal and state laws
11-1 related to program and facility accessibility. The executive
11-2 director shall also prepare and maintain a written plan that
11-3 describes how a person who does not speak English can be provided
11-4 reasonable access to the department's programs and services.
11-5 Sec. 2054.036. COMPLAINTS. (a) The department shall keep a
11-6 file about each written complaint filed with the department that
11-7 the department has authority to resolve. The department shall
11-8 provide to the person filing the complaint and the persons or
11-9 entities complained about the department's policies and procedures
11-10 pertaining to complaint investigation and resolution. The
11-11 department, at least quarterly and until final disposition of the
11-12 complaint, shall notify the person filing the complaint and the
11-13 persons or entities complained about of the status of the complaint
11-14 unless the notice would jeopardize an undercover investigation.
11-15 (b) The department shall keep information about each
11-16 complaint filed with the department. The information shall
11-17 include:
11-18 (1) the date the complaint is received;
11-19 (2) the name of the complainant;
11-20 (3) the subject matter of the complaint;
11-21 (4) a record of all persons contacted in relation to
11-22 the complaint;
11-23 (5) a summary of the results of the review or
11-24 investigation of the complaint; and
11-25 (6) for complaints for which the department took no
12-1 action, an explanation of the reason the complaint was closed
12-2 without action.
12-3 SECTION 10. Section 2054.074, Government Code, is amended to
12-4 read as follows:
12-5 Sec. 2054.074. RESPONSIBILITY TO PREPARE OPERATING PLANS [OF
12-6 INFORMATION RESOURCES MANAGER]. The information resources manager
12-7 shall prepare the biennial operating plans under Subchapter E.
12-8 SECTION 11. Section 2054.075, Government Code, is amended to
12-9 read as follows:
12-10 Sec. 2054.075. COOPERATION WITH INFORMATION RESOURCES
12-11 MANAGER. (a) Each state agency shall cooperate as necessary with
12-12 its information resources manager to enable that individual to
12-13 perform the manager's duties.
12-14 (b) Each state agency shall provide that its information
12-15 resources manager is part of the agency's executive management and
12-16 reports directly to a person with a title functionally equivalent
12-17 to executive director or deputy executive director. Each state
12-18 agency shall report to the department the extent and results of its
12-19 compliance with this subsection, and the department shall report
12-20 the extent and results of state agencies' compliance to the
12-21 legislature.
12-22 SECTION 12. Section 2054.076, Government Code, is amended to
12-23 read as follows:
12-24 Sec. 2054.076. TRAINING AND CONTINUING EDUCATION. (a) The
12-25 department periodically shall analyze the training needs of
13-1 information resources managers and adjust its initial training and
13-2 continuing education guidelines based on its analyses. The
13-3 department's analyses must take into account the different training
13-4 needs of information resources managers at both large and small
13-5 state agencies.
13-6 (b) The department shall provide mandatory guidelines to
13-7 state agencies regarding the initial and continuing education
13-8 requirements needed for information resources managers and require
13-9 information resources managers to report their compliance with the
13-10 requirements to the department.
13-11 (c) The department's initial training and continuing
13-12 education guidelines must require information resources managers to
13-13 receive training and continuing education in:
13-14 (1) implementing quality assurance programs;
13-15 (2) training the people who use the agency's
13-16 information resources and information resources technologies; and
13-17 (3) balancing the technical aspects of information
13-18 resources and information resources technologies with the agency's
13-19 business needs.
13-20 (d) [(b)] An individual who is appointed the information
13-21 resources manager of a state agency before September 1, 1992, is
13-22 exempt from the requirements of the department regarding initial
13-23 education needed for that position.
13-24 (e) [(c)] The department may provide educational materials
13-25 and seminars for state agencies and information resources managers.
14-1 SECTION 13. Subsection (d), Section 2054.095, Government
14-2 Code, is amended to read as follows:
14-3 (d) The department by rule shall adopt instructions,
14-4 consistent with Section 2054.096, that guide state agencies in the
14-5 preparation of their agency strategic plans. The instructions must
14-6 include the general criteria under which the department will
14-7 evaluate the plan. The department shall send the instructions to
14-8 each state agency not later than the date prescribed by department
14-9 rule [February 1 of each even-numbered year].
14-10 SECTION 14. Subsections (a) and (b), Section 2054.097,
14-11 Government Code, are amended to read as follows:
14-12 (a) A state agency shall send its strategic plan to the
14-13 department for review and approval not later than the date
14-14 prescribed by department rule [January 1 of each odd-numbered
14-15 year]. The department shall prescribe the date so that it aligns
14-16 with the date a state agency is required to submit its strategic
14-17 plan under Chapter 2056.
14-18 (b) The department shall review and approve or disapprove
14-19 each agency strategic plan not later than the 90th day after the
14-20 date the department receives the plan [April 15 of each
14-21 odd-numbered year].
14-22 SECTION 15. Subsection (c), Section 2054.100, Government
14-23 Code, is amended to read as follows:
14-24 (c) A state agency shall amend its biennial operating plan
14-25 when necessary to reflect changes in the plan during a biennium.
15-1 At a minimum, an agency shall amend its biennial operating plan to
15-2 reflect significant new or changed information resources
15-3 initiatives or information resources technologies initiatives
15-4 contained in the agency's legislative appropriations request. Not
15-5 later than the date prescribed by department rule, an agency shall
15-6 submit an amended plan to reflect new or changed initiatives
15-7 contained in the agency's legislative appropriations request.
15-8 SECTION 16. Section 2054.103, Government Code, is amended to
15-9 read as follows:
15-10 Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state
15-11 agency shall send a copy of its biennial operating plan and of any
15-12 amendments to the plan, as approved by the department, to the
15-13 governor, the Legislative Budget Board, and the state auditor not
15-14 later than the 30th day after the date the department approves the
15-15 plan or amendment, as applicable.
15-16 SECTION 17. Section 2054.118, Government Code, is amended to
15-17 read as follows:
15-18 Sec. 2054.118. MAJOR INFORMATION RESOURCES PROJECT. (a) A
15-19 state agency may not spend appropriated funds for a major
15-20 information resources project unless the project has been approved
15-21 by the department in the agency's biennial operating plan.
15-22 (b) The department shall develop rules or guidelines for its
15-23 review of major information resources projects. The department
15-24 shall also assist the Legislative Budget Board in evaluating the
15-25 determinations about comparative costs and benefits that state
16-1 agencies make under Subsection (c).
16-2 (c) A state agency that proposes to spend appropriated funds
16-3 for a major information resources project must first determine:
16-4 (1) the comparative benefits of using agency personnel
16-5 contrasted with using outside contractors to design the project;
16-6 and
16-7 (2) the comparative total costs of leasing and of
16-8 purchasing the information resources and information resources
16-9 technologies involved in the project, with those costs to be
16-10 determined after taking into account the use of the resources and
16-11 technologies over their lifetimes.
16-12 (d) In this section, "major information resources project"
16-13 means any information resources technology project identified in a
16-14 state agency's biennial operating plan with development costs that
16-15 exceed $1 million and that:
16-16 (1) requires one year or longer to reach operations
16-17 status;
16-18 (2) involves more than one state agency; or
16-19 (3) substantially alters work methods of state agency
16-20 personnel or the delivery of services to clients.
16-21 SECTION 18. Subchapter F, Chapter 2054, Government Code, is
16-22 amended by adding Section 2054.120 to read as follows:
16-23 Sec. 2054.120. ELECTRONIC MAIL ADDRESS. (a) A state agency
16-24 shall establish an Internet electronic mail address for the agency.
16-25 The state agency may publish the electronic mail address and use
17-1 electronic mail to communicate with the public. The state agency
17-2 may consult with the department to establish its electronic mail
17-3 address.
17-4 (b) In this section, "Internet" means the largest
17-5 nonproprietary nonprofit cooperative public computer network,
17-6 popularly known as the Internet.
17-7 SECTION 19. Chapter 2054, Government Code, is amended by
17-8 adding Subchapter G to read as follows:
17-9 SUBCHAPTER G. INTERNAL QUALITY ASSURANCE
17-10 Sec. 2054.151. PURPOSE AND FINDINGS. (a) The legislature
17-11 intends that state agency information resources and information
17-12 resources technologies projects will be successfully completed on
17-13 time and within budget and that the projects will function and
17-14 provide benefits in the manner the agency projected in its plans
17-15 submitted to the department and in its appropriations requests
17-16 submitted to the legislature.
17-17 (b) The legislature finds that to ensure the successful
17-18 completion of all but the smallest or lowest risk projects, each
17-19 state agency must develop and implement its own internal quality
17-20 assurance procedures.
17-21 Sec. 2054.152. DEFINITION. In this subchapter, "internal
17-22 quality assurance procedures" includes methods that an agency
17-23 employs to identify and mitigate risks on its projects, to ensure
17-24 that it follows established state technology standards, and to
17-25 provide accountability for the money spent on its projects.
18-1 Sec. 2054.153. DEPARTMENT GUIDELINES. (a) The department
18-2 by rule shall establish model guidelines for state agencies to use
18-3 in developing their own internal quality assurance procedures.
18-4 (b) The department's guidelines must address:
18-5 (1) planning project development;
18-6 (2) determining the projected benefits of a project;
18-7 (3) developing and implementing management control
18-8 processes;
18-9 (4) projecting the budget for a project;
18-10 (5) analyzing the risks of a project;
18-11 (6) establishing standards by which the effectiveness
18-12 and efficiency of a project can be evaluated; and
18-13 (7) evaluating and reporting on the project after
18-14 implementation.
18-15 Sec. 2054.154. DEPARTMENT ASSISTANCE. The department shall
18-16 establish a comprehensive technical assistance program to aid state
18-17 agencies in developing and implementing their own internal quality
18-18 assurance procedures.
18-19 Sec. 2054.155. EXEMPTION FOR CERTAIN PROJECTS. The
18-20 department by rule may exempt state agency projects that fall below
18-21 minimum cost and risk thresholds established by the department from
18-22 the requirement to implement internal quality assurance procedures.
18-23 Sec. 2054.156. STATE AGENCY DUTIES. (a) Each state agency
18-24 shall develop its own internal quality assurance procedures based
18-25 on the department's model guidelines. Each state agency shall use
19-1 its internal quality assurance procedures to evaluate each of its
19-2 projects that is not exempt under Section 2054.155.
19-3 (b) The agency's information resources manager shall develop
19-4 and oversee the implementation of the agency's internal quality
19-5 assurance procedures except to the extent that the agency contracts
19-6 with another governmental entity or with a private entity to
19-7 develop or implement all or part of the procedures.
19-8 (c) The agency's information resources manager shall
19-9 demonstrate in the agency strategic plan the extent to which the
19-10 agency uses its internal quality assurance procedures.
19-11 Sec. 2054.157. OVERSIGHT BY DEPARTMENT. (a) The department
19-12 may make formal recommendations to a state agency regarding the
19-13 agency's need to develop, implement, or improve its internal
19-14 quality assurance procedures.
19-15 (b) The department shall report on state agencies' progress
19-16 in developing and implementing internal quality assurance
19-17 procedures as part of the department's biennial performance report.
19-18 SECTION 20. Chapter 2054, Government Code, is amended by
19-19 adding Subchapter H to read as follows:
19-20 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING GROUP
19-21 Sec. 2054.201. COMPOSITION. (a) The telecommunications
19-22 planning group is composed of the comptroller, the executive
19-23 director of the department, and the executive director of the
19-24 General Services Commission.
19-25 (b) Each member of the group may designate an employee of
20-1 the member's agency to serve in the member's place.
20-2 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
20-3 telecommunications planning group shall post notice of its meetings
20-4 in accordance with the open meetings law, Chapter 551, in the
20-5 manner required for a state governmental body under that chapter.
20-6 (b) The department shall coordinate the staff and
20-7 administrative support provided to the telecommunications planning
20-8 group by the department, by the comptroller, and by the General
20-9 Services Commission.
20-10 (c) The telecommunications planning group may periodically
20-11 elect one of its members to serve as presiding officer of the
20-12 group.
20-13 Sec. 2054.203. TELECOMMUNICATIONS PLANNING AND POLICY.
20-14 (a) The telecommunications planning group shall comprehensively
20-15 collect and manage telecommunications network configuration
20-16 information about existing and planned telecommunications networks
20-17 throughout state government.
20-18 (b) The telecommunications planning group may require state
20-19 agencies to submit to the group the agencies' network configuration
20-20 information, but the group must use existing reports to gather the
20-21 information if possible and minimize the reporting burden on
20-22 agencies to the extent possible.
20-23 (c) The telecommunications planning group shall establish
20-24 plans and policies for a system of telecommunications services to
20-25 be managed and operated by the General Services Commission.
21-1 (d) The telecommunications planning group shall develop a
21-2 statewide telecommunications operating plan for all state agencies.
21-3 The plan shall implement a statewide network and include technical
21-4 specifications that are binding on the General Services Commission.
21-5 (e) The department shall adopt appropriate policies and
21-6 standards that govern the cost-effective and efficient management,
21-7 operation, and use of state telecommunications services and shall
21-8 distribute those policies and standards to all state agencies.
21-9 (f) Each state agency shall comply with the rules, policies,
21-10 standards, and guidelines the department adopts under this section.
21-11 Sec. 2054.204. DEVELOPMENT OF PLAN FOR STATE
21-12 TELECOMMUNICATIONS NETWORK. (a) The telecommunications planning
21-13 group shall develop a plan for a state telecommunications network
21-14 that will effectively and efficiently meet the long-term
21-15 requirements of state government for voice, video, and computer
21-16 communications, with the goal of achieving a single centralized
21-17 telecommunications network for state government.
21-18 (b) The plan must recognize that all state agencies,
21-19 including institutions of higher education, are a single entity for
21-20 purposes of purchasing and the determination of tariffs.
21-21 (c) The plan must incorporate efficiencies obtained through
21-22 the use of shared transmission services and open systems
21-23 architecture as they become available, building on existing systems
21-24 as appropriate. In developing the plan, the telecommunications
21-25 planning group shall make use of the technical expertise of state
22-1 agencies, including institutions of higher education.
22-2 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
22-3 telecommunications planning group shall develop functional
22-4 requirements for a statewide system of telecommunications services
22-5 for all state agencies. Existing networks, as configured on
22-6 September 1, 1991, of institutions of higher education are exempt
22-7 from the requirements.
22-8 (b) The telecommunications planning group shall develop
22-9 requests for information and proposals for a statewide system of
22-10 telecommunications services for all state agencies.
22-11 (c) The telecommunications planning group shall negotiate
22-12 rates and execute contracts with telecommunications service
22-13 providers for services. The telecommunications planning group may:
22-14 (1) acquire transmission facilities by purchase,
22-15 lease, or lease-purchase in accordance with Chapters 2155-2158; and
22-16 (2) develop, establish, and maintain carrier systems
22-17 necessary to the operation of the telecommunications system.
22-18 Sec. 2054.206. ADVISORY AGENCIES. The following state
22-19 agencies shall formally advise the telecommunications planning
22-20 group and send representatives to meetings of the group:
22-21 (1) the Texas Education Agency;
22-22 (2) the Texas Higher Education Coordinating Board;
22-23 (3) The Texas A&M University System;
22-24 (4) The University of Texas System;
22-25 (5) the Telecommunications Infrastructure Fund Board;
23-1 and
23-2 (6) the Texas State Library and Archives Commission.
23-3 Sec. 2054.207. REPORT. The telecommunications planning
23-4 group shall report biennially to the legislature not later than
23-5 October 1 of each even-numbered year on the status of the current
23-6 plan for a state telecommunications network and on the progress
23-7 state government has made towards accomplishing the goals of the
23-8 plan.
23-9 SECTION 21. Sections 2054.059, 2054.072, 2170.054, 2170.055,
23-10 and 2170.060, Government Code, are repealed.
23-11 SECTION 22. (a) This section governs the transition from a
23-12 voting nine-member governing board of the Department of Information
23-13 Resources to a board composed of six voting members and two
23-14 rotating groups of three nonvoting ex officio members in accordance
23-15 with the changes in law made by this Act.
23-16 (b) The changes in law made by this Act to Sections 2054.021
23-17 and 2054.022, Government Code, apply only to a member who is
23-18 appointed to serve on the governing board of the Department of
23-19 Information Resources on or after the effective date of this Act,
23-20 including a member who is appointed to fill a vacancy in an
23-21 unexpired term on or after the effective date of this Act. A
23-22 member of the governing board of the Department of Information
23-23 Resources who is serving on the board immediately before the
23-24 effective date of this Act is governed for the remainder of the
23-25 member's current term by Sections 2054.021 and 2054.022, Government
24-1 Code, as those statutes existed immediately before the effective
24-2 date of this Act, and the prior law is continued in effect for this
24-3 purpose.
24-4 (c) The three voting board positions with terms that expire
24-5 February 1, 1999, are abolished on that date.
24-6 (d) On February 1, 1999, the first two-year terms on the
24-7 board begin for the members of the nonvoting ex officio group
24-8 composed of the executive director of the Texas Workers'
24-9 Compensation Commission, the commissioner of health and human
24-10 services, and the executive director of the Texas Department of
24-11 Transportation. On February 1, 2001, those three members' first
24-12 terms expire, and the first two-year terms on the board begin for
24-13 the members of the nonvoting ex officio group composed of the
24-14 commissioner of education, the executive director of the Texas
24-15 Department of Criminal Justice, and the executive director of the
24-16 Parks and Wildlife Department.
24-17 (e) In appointing voting members of the board to terms
24-18 scheduled to begin February 1, 2001, the governor shall appoint one
24-19 voting member to the board for a term expiring February 1, 2003,
24-20 one voting member for a term expiring February 1, 2005, and one
24-21 voting member for a term expiring February 1, 2007.
24-22 (f) In appointing voting members of the board to terms
24-23 scheduled to begin February 1, 2003, the governor shall appoint one
24-24 voting member to the board for a term expiring February 1, 2005,
24-25 one voting member for a term expiring February 1, 2007, and two
25-1 voting members for terms expiring February 1, 2009.
25-2 SECTION 23. This Act takes effect September 1, 1997.
25-3 SECTION 24. The importance of this legislation and the
25-4 crowded condition of the calendars in both houses create an
25-5 emergency and an imperative public necessity that the
25-6 constitutional rule requiring bills to be read on three several
25-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 365 passed the Senate on
April 11, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 365 passed the House, with
amendments, on May 8, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor