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