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
1-24 member.] One member must be employed by an institution of higher
2-1 education as defined by Section 61.003, Education Code. [In
2-2 addition to the members of the legislature who must be appointed
2-3 from the lists submitted by the lieutenant governor and the speaker
2-4 of the house of representatives, the governor may appoint other
2-5 members of the legislature to serve on the board ex officio as
2-6 voting members.]
2-7 (b) Voting members [Members] of the board serve for
2-8 staggered six-year terms with two [three] members' terms expiring
2-9 February 1 of each odd-numbered year.
2-10 (c) Two groups each composed of three ex officio members
2-11 serve on the board on a rotating basis. The ex officio members
2-12 serve as nonvoting members of the board. Only one group serves at
2-13 a time. The first group is composed of the executive director of
2-14 the Texas Workers' Compensation Commission, the commissioner of
2-15 health and human services, and the executive director of the Texas
2-16 Department of Transportation. Members of the first group serve for
2-17 two-year terms that begin February 1 of every other odd-numbered
2-18 year and that expire on February 1 of the next odd-numbered year.
2-19 The second group is composed of the commissioner of education, the
2-20 executive director of the Texas Department of Criminal Justice, and
2-21 the executive director of the Parks and Wildlife Department.
2-22 Members of the second group serve for two-year terms that begin
2-23 February 1 of the odd-numbered years in which the terms of members
2-24 of the first group expire and that expire on February 1 of the next
2-25 odd-numbered year.
2-26 (d) An ex officio member may designate the information
2-27 resources manager of the member's agency to serve in the member's
3-1 place.
3-2 (e) Appointments to the board shall be made without regard
3-3 to the race, color, disability, sex, religion, age, or national
3-4 origin of the appointees.
3-5 (f) Before a voting member of the board may assume the
3-6 member's duties and before the member may be confirmed by the
3-7 senate, the member must complete at least one course of the
3-8 training program established under this section. Before a
3-9 nonvoting member of the board may assume the member's duties, the
3-10 member must complete at least one course of the training program
3-11 established under this section.
3-12 (g) A training program established under this section must
3-13 provide information to the member regarding:
3-14 (1) the enabling legislation that created the
3-15 department and its policymaking body to which the member is
3-16 appointed to serve;
3-17 (2) the programs operated by the department;
3-18 (3) the role and functions of the department;
3-19 (4) the rules of the department with an emphasis on
3-20 the rules that relate to investigatory authority;
3-21 (5) the current budget for the department;
3-22 (6) the results of the most recent formal audit of the
3-23 department;
3-24 (7) the requirements of the:
3-25 (A) open meetings law, Chapter 551;
3-26 (B) open records law, Chapter 552; and
3-27 (C) administrative procedure law, Chapter 2001;
4-1 (8) the requirements of the conflict of interest laws
4-2 and other laws relating to public officials; and
4-3 (9) any applicable ethics policies adopted by the
4-4 department or the Texas Ethics Commission.
4-5 SECTION 3. Section 2054.022, Government Code, is amended to
4-6 read as follows:
4-7 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
4-8 board or an employee of the department may not:
4-9 (1) be a person required to register as a lobbyist
4-10 under Chapter 305 because of the person's activities for
4-11 compensation on behalf of a business entity that has, or on behalf
4-12 of a trade association of business entities that have, a
4-13 substantial interest in the information resources technologies
4-14 industry;
4-15 (2) be an officer, employee, or paid consultant of a
4-16 business entity that has, or of a trade association of business
4-17 entities that have, a substantial interest in the information
4-18 resources technologies industry and that may contract with state
4-19 government;
4-20 (3) own, control, or have, directly or indirectly,
4-21 more than a 10 percent interest in a business entity that has a
4-22 substantial interest in the information resources technologies
4-23 industry and that may contract with state government;
4-24 (4) receive more than 25 percent of the individual's
4-25 income from a business entity that has a substantial interest in
4-26 the information resources technologies industry and that may
4-27 contract with state government;
5-1 (5) be interested in or connected with a contract or
5-2 bid for furnishing a state agency with information resources
5-3 technologies;
5-4 (6) be employed by a state agency as a consultant on
5-5 information resources technologies; or
5-6 (7) accept or receive money or another thing of value
5-7 from an individual, firm, or corporation to whom a contract may be
5-8 awarded, directly or indirectly, by rebate, gift, or otherwise.
5-9 (b) A person who is the spouse of an officer, employee, or
5-10 paid consultant of a business entity that has, or of a trade
5-11 association of business entities that have, a substantial interest
5-12 in the information resources technologies industry and that may
5-13 contract with state government may not be:
5-14 (1) a member of the board; or
5-15 (2) an employee of the department who:
5-16 (A) is exempt from the state's position
5-17 classification plan; or
5-18 (B) is compensated at or above the amount
5-19 prescribed by the General Appropriations Act for step 1, salary
5-20 group 17, of the position classification salary schedule.
5-21 (c) For the purposes of this section, a trade association is
5-22 a nonprofit, cooperative, and voluntarily joined association of
5-23 business or professional competitors in this state designed to
5-24 assist its members and its industry or profession in dealing with
5-25 mutual business or professional problems and in promoting their
5-26 common interest.
5-27 (d) The executive director shall dismiss an employee of the
6-1 department who violates a prohibition under Subsection (a), and the
6-2 board shall remove the executive director if the executive director
6-3 violates a prohibition under Subsection (a).
6-4 SECTION 4. Subsection (c), Section 2054.025, Government
6-5 Code, is amended to read as follows:
6-6 (c) If the executive director has knowledge that a potential
6-7 ground for removal exists, the executive director shall inform the
6-8 presiding officer. The presiding officer shall then inform the
6-9 governor and the attorney general of the potential ground for
6-10 removal. If the potential ground for removal involves the
6-11 presiding officer, the executive director shall notify the next
6-12 highest ranking officer of the board, who shall notify the
6-13 governor and the attorney general that a potential ground for
6-14 removal exists.
6-15 SECTION 5. Section 2054.029, Government Code, is amended by
6-16 amending Subsection (b) and adding Subsection (c) to read as
6-17 follows:
6-18 (b) The executive director or the executive director's
6-19 designee shall provide to members of the board and to the
6-20 department's employees, as often as necessary, information
6-21 regarding their qualifications for office or employment under this
6-22 chapter and their responsibilities under applicable laws relating
6-23 to standards of conduct for state officers or employees.
6-24 (c) The board shall develop and implement policies that
6-25 clearly separate the policymaking responsibilities of the board and
6-26 the management responsibilities of the executive director and the
6-27 staff of the department.
7-1 SECTION 6. Section 2054.030, Government Code, is amended to
7-2 read as follows:
7-3 Sec. 2054.030. MERIT PAY. (a) The executive director or
7-4 the executive director's designee [department] shall develop a
7-5 system of annual performance evaluations that are based on
7-6 documented employee performance.
7-7 (b) All merit pay for department employees must be based on
7-8 [awarded under] the system established under this section.
7-9 SECTION 7. Section 2054.031, Government Code, is amended to
7-10 read as follows:
7-11 Sec. 2054.031. CAREER LADDER. (a) The executive director
7-12 or the executive director's designee [department] shall develop an
7-13 intraagency career ladder program that addresses opportunities for
7-14 mobility and advancement for employees within the department.
7-15 (b) The program shall require intraagency postings of all
7-16 [nonentry level] positions concurrently with any public posting.
7-17 SECTION 8. Section 2054.032, Government Code, is amended to
7-18 read as follows:
7-19 Sec. 2054.032. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
7-20 executive director or the executive director's designee
7-21 [department] shall prepare and maintain a written policy statement
7-22 to assure implementation of a program of equal employment
7-23 opportunity under which all personnel transactions are made without
7-24 regard to race, color, disability, sex, religion, age, or national
7-25 origin.
7-26 [(b)] The policy statement must include:
7-27 (1) personnel policies, including policies relating to
8-1 recruitment, evaluation, selection, appointment, training, and
8-2 promotion of personnel, that are in compliance with Chapter 21,
8-3 Labor Code;
8-4 (2) a comprehensive analysis of the department
8-5 workforce that meets federal and state guidelines;
8-6 (3) procedures by which a determination can be made
8-7 about the extent of underuse in the department workforce of all
8-8 persons for whom federal or state guidelines encourage a more
8-9 equitable balance; and
8-10 (4) reasonable methods to appropriately address those
8-11 areas of underuse.
8-12 (b) A policy statement prepared under Subsection (a) must
8-13 cover an annual period, be updated annually and reviewed by the
8-14 Commission on Human Rights for compliance with Subsection (a)(1),
8-15 and be filed with the governor's office.
8-16 (c) The governor's office shall deliver a biennial report to
8-17 the legislature based on the information received under Subsection
8-18 (b). The report may be made separately or as a part of other
8-19 biennial reports made to the legislature.
8-20 SECTION 9. Subchapter B, Chapter 2054, Government Code, is
8-21 amended by adding Sections 2054.034, 2054.035, and 2054.036 to read
8-22 as follows:
8-23 Sec. 2054.034. DEPARTMENT FINANCES. (a) All money paid to
8-24 the department under this chapter is subject to Subchapter F,
8-25 Chapter 404.
8-26 (b) The board, department, or executive director shall
8-27 prepare annually a complete and detailed written report accounting
9-1 for all funds received and disbursed by the department during the
9-2 preceding fiscal year. The annual report must meet the reporting
9-3 requirements applicable to financial reporting provided in the
9-4 General Appropriations Act.
9-5 Sec. 2054.035. PARTICIPATION AND ACCESSIBILITY. (a) The
9-6 board shall develop and implement policies that provide the public
9-7 with a reasonable opportunity to appear before the board and to
9-8 speak on any issue under the jurisdiction of the department.
9-9 (b) The department shall prepare information of public
9-10 interest describing the functions of the department and the
9-11 procedures by which complaints are filed with and resolved by the
9-12 department. The department shall make the information available to
9-13 the public and appropriate state agencies.
9-14 (c) The board by rule shall establish methods by which
9-15 consumers and service recipients are notified of the name, mailing
9-16 address, and telephone number of the department for the purpose of
9-17 directing complaints to the department. The board may provide for
9-18 that notification:
9-19 (1) on each registration form, application, or written
9-20 contract for services of an individual or entity regulated under
9-21 this chapter;
9-22 (2) on a sign prominently displayed in the place of
9-23 business of each individual or entity regulated under this chapter;
9-24 or
9-25 (3) in a bill for service provided by an individual or
9-26 entity regulated under this chapter.
9-27 (d) The department shall comply with federal and state laws
10-1 related to program and facility accessibility. The executive
10-2 director shall also prepare and maintain a written plan that
10-3 describes how a person who does not speak English can be provided
10-4 reasonable access to the department's programs and services.
10-5 Sec. 2054.036. COMPLAINTS. (a) The department shall keep a
10-6 file about each written complaint filed with the department that
10-7 the department has authority to resolve. The department shall
10-8 provide to the person filing the complaint and the persons or
10-9 entities complained about the department's policies and procedures
10-10 pertaining to complaint investigation and resolution. The
10-11 department, at least quarterly and until final disposition of the
10-12 complaint, shall notify the person filing the complaint and the
10-13 persons or entities complained about of the status of the complaint
10-14 unless the notice would jeopardize an undercover investigation.
10-15 (b) The department shall keep information about each
10-16 complaint filed with the department. The information shall
10-17 include:
10-18 (1) the date the complaint is received;
10-19 (2) the name of the complainant;
10-20 (3) the subject matter of the complaint;
10-21 (4) a record of all persons contacted in relation to
10-22 the complaint;
10-23 (5) a summary of the results of the review or
10-24 investigation of the complaint; and
10-25 (6) for complaints for which the department took no
10-26 action, an explanation of the reason the complaint was closed
10-27 without action.
11-1 SECTION 10. Section 2054.074, Government Code, is amended to
11-2 read as follows:
11-3 Sec. 2054.074. RESPONSIBILITY TO PREPARE OPERATING PLANS [OF
11-4 INFORMATION RESOURCES MANAGER]. The information resources manager
11-5 shall prepare the biennial operating plans under Subchapter E.
11-6 SECTION 11. Section 2054.075, Government Code, is amended to
11-7 read as follows:
11-8 Sec. 2054.075. COOPERATION WITH INFORMATION RESOURCES
11-9 MANAGER. (a) Each state agency shall cooperate as necessary with
11-10 its information resources manager to enable that individual to
11-11 perform the manager's duties.
11-12 (b) Each state agency shall provide that its information
11-13 resources manager is part of the agency's executive management and
11-14 reports directly to a person with a title functionally equivalent
11-15 to executive director or deputy executive director. Each state
11-16 agency shall report to the department the extent and results of its
11-17 compliance with this subsection, and the department shall report
11-18 the extent and results of state agencies' compliance to the
11-19 legislature.
11-20 SECTION 12. Section 2054.076, Government Code, is amended to
11-21 read as follows:
11-22 Sec. 2054.076. TRAINING AND CONTINUING EDUCATION. (a) The
11-23 department periodically shall analyze the training needs of
11-24 information resources managers and adjust its initial training and
11-25 continuing education guidelines based on its analyses. The
11-26 department's analyses must take into account the different training
11-27 needs of information resources managers at both large and small
12-1 state agencies.
12-2 (b) The department shall provide mandatory guidelines to
12-3 state agencies regarding the initial and continuing education
12-4 requirements needed for information resources managers and require
12-5 information resources managers to report their compliance with the
12-6 requirements to the department.
12-7 (c) The department's initial training and continuing
12-8 education guidelines must require information resources managers to
12-9 receive training and continuing education in:
12-10 (1) implementing quality assurance programs;
12-11 (2) training the people who use the agency's
12-12 information resources and information resources technologies; and
12-13 (3) balancing the technical aspects of information
12-14 resources and information resources technologies with the agency's
12-15 business needs.
12-16 (d) [(b)] An individual who is appointed the information
12-17 resources manager of a state agency before September 1, 1992, is
12-18 exempt from the requirements of the department regarding initial
12-19 education needed for that position.
12-20 (e) [(c)] The department may provide educational materials
12-21 and seminars for state agencies and information resources managers.
12-22 SECTION 13. Subsection (d), Section 2054.095, Government
12-23 Code, is amended to read as follows:
12-24 (d) The department by rule shall adopt instructions,
12-25 consistent with Section 2054.096, that guide state agencies in the
12-26 preparation of their agency strategic plans. The instructions must
12-27 include the general criteria under which the department will
13-1 evaluate the plan. The department shall send the instructions to
13-2 each state agency not later than the date prescribed by department
13-3 rule [February 1 of each even-numbered year].
13-4 SECTION 14. Subsections (a) and (b), Section 2054.097,
13-5 Government Code, are amended to read as follows:
13-6 (a) A state agency shall send its strategic plan to the
13-7 department for review and approval not later than the date
13-8 prescribed by department rule [January 1 of each odd-numbered
13-9 year]. The department shall prescribe the date so that it aligns
13-10 with the date a state agency is required to submit its strategic
13-11 plan under Chapter 2056.
13-12 (b) The department shall review and approve or disapprove
13-13 each agency strategic plan not later than the 90th day after the
13-14 date the department receives the plan [April 15 of each
13-15 odd-numbered year].
13-16 SECTION 15. Subsection (c), Section 2054.100, Government
13-17 Code, is amended to read as follows:
13-18 (c) A state agency shall amend its biennial operating plan
13-19 when necessary to reflect changes in the plan during a biennium.
13-20 At a minimum, an agency shall amend its biennial operating plan to
13-21 reflect significant new or changed information resources
13-22 initiatives or information resources technologies initiatives
13-23 contained in the agency's legislative appropriations request. Not
13-24 later than the date prescribed by department rule, an agency shall
13-25 submit an amended plan to reflect new or changed initiatives
13-26 contained in the agency's legislative appropriations request.
13-27 SECTION 16. Section 2054.103, Government Code, is amended to
14-1 read as follows:
14-2 Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state
14-3 agency shall send a copy of its biennial operating plan and of any
14-4 amendments to the plan, as approved by the department, to the
14-5 governor, the Legislative Budget Board, and the state auditor not
14-6 later than the 30th day after the date the department approves the
14-7 plan or amendment, as applicable.
14-8 SECTION 17. Section 2054.118, Government Code, is amended to
14-9 read as follows:
14-10 Sec. 2054.118. MAJOR INFORMATION RESOURCES PROJECT. (a) A
14-11 state agency may not spend appropriated funds for a major
14-12 information resources project unless the project has been approved
14-13 by the department in the agency's biennial operating plan.
14-14 (b) The department shall develop rules or guidelines for its
14-15 review of major information resources projects. The department
14-16 shall also assist the Legislative Budget Board in evaluating the
14-17 determinations about comparative costs and benefits that state
14-18 agencies make under Subsection (c).
14-19 (c) A state agency that proposes to spend appropriated funds
14-20 for a major information resources project must first determine:
14-21 (1) the comparative benefits of using agency personnel
14-22 contrasted with using outside contractors to design the project;
14-23 and
14-24 (2) the comparative total costs of leasing and of
14-25 purchasing the information resources and information resources
14-26 technologies involved in the project, with those costs to be
14-27 determined after taking into account the use of the resources and
15-1 technologies over their lifetimes.
15-2 (d) In this section, "major information resources project"
15-3 means any information resources technology project identified in a
15-4 state agency's biennial operating plan with development costs that
15-5 exceed $1 million and that:
15-6 (1) requires one year or longer to reach operations
15-7 status;
15-8 (2) involves more than one state agency; or
15-9 (3) substantially alters work methods of state agency
15-10 personnel or the delivery of services to clients.
15-11 SECTION 18. Chapter 2054, Government Code, is amended by
15-12 adding Subchapter G to read as follows:
15-13 SUBCHAPTER G. INTERNAL QUALITY ASSURANCE
15-14 Sec. 2054.151. PURPOSE AND FINDINGS. (a) The legislature
15-15 intends that state agency information resources and information
15-16 resources technologies projects will be successfully completed on
15-17 time and within budget and that the projects will function and
15-18 provide benefits in the manner the agency projected in its plans
15-19 submitted to the department and in its appropriations requests
15-20 submitted to the legislature.
15-21 (b) The legislature finds that to ensure the successful
15-22 completion of all but the smallest or lowest risk projects, each
15-23 state agency must develop and implement its own internal quality
15-24 assurance procedures.
15-25 Sec. 2054.152. DEFINITION. In this subchapter, "internal
15-26 quality assurance procedures" includes methods that an agency
15-27 employs to identify and mitigate risks on its projects, to ensure
16-1 that it follows established state technology standards, and to
16-2 provide accountability for the money spent on its projects.
16-3 Sec. 2054.153. DEPARTMENT GUIDELINES. (a) The department
16-4 by rule shall establish model guidelines for state agencies to use
16-5 in developing their own internal quality assurance procedures.
16-6 (b) The department's guidelines must address:
16-7 (1) planning project development;
16-8 (2) determining the projected benefits of a project;
16-9 (3) developing and implementing management control
16-10 processes;
16-11 (4) projecting the budget for a project;
16-12 (5) analyzing the risks of a project;
16-13 (6) establishing standards by which the effectiveness
16-14 and efficiency of a project can be evaluated; and
16-15 (7) evaluating and reporting on the project after
16-16 implementation.
16-17 Sec. 2054.154. DEPARTMENT ASSISTANCE. The department shall
16-18 establish a comprehensive technical assistance program to aid state
16-19 agencies in developing and implementing their own internal quality
16-20 assurance procedures.
16-21 Sec. 2054.155. EXEMPTION FOR CERTAIN PROJECTS. The
16-22 department by rule may exempt state agency projects that fall below
16-23 minimum cost and risk thresholds established by the department from
16-24 the requirement to implement internal quality assurance procedures.
16-25 Sec. 2054.156. STATE AGENCY DUTIES. (a) Each state agency
16-26 shall develop its own internal quality assurance procedures based
16-27 on the department's model guidelines. Each state agency shall use
17-1 its internal quality assurance procedures to evaluate each of its
17-2 projects that is not exempt under Section 2054.155.
17-3 (b) The agency's information resources manager shall develop
17-4 and oversee the implementation of the agency's internal quality
17-5 assurance procedures except to the extent that the agency contracts
17-6 with another governmental entity or with a private entity to
17-7 develop or implement all or part of the procedures.
17-8 (c) The agency's information resources manager shall
17-9 demonstrate in the agency strategic plan the extent to which the
17-10 agency uses its internal quality assurance procedures.
17-11 Sec. 2054.157. OVERSIGHT BY DEPARTMENT. (a) The department
17-12 may make formal recommendations to a state agency regarding the
17-13 agency's need to develop, implement, or improve its internal
17-14 quality assurance procedures.
17-15 (b) The department shall report on state agencies' progress
17-16 in developing and implementing internal quality assurance
17-17 procedures as part of the department's biennial performance report.
17-18 SECTION 19. Chapter 2054, Government Code, is amended by
17-19 adding Subchapter H to read as follows:
17-20 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING GROUP
17-21 Sec. 2054.201. COMPOSITION. (a) The telecommunications
17-22 planning group is composed of the comptroller, the executive
17-23 director of the department, and the executive director of the
17-24 General Services Commission.
17-25 (b) Each member of the group may designate an employee of
17-26 the member's agency to serve in the member's place.
17-27 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
18-1 telecommunications planning group shall post notice of its meetings
18-2 in accordance with the open meetings law, Chapter 551, in the
18-3 manner required for a state governmental body under that chapter.
18-4 (b) The department shall coordinate the staff and
18-5 administrative support provided to the telecommunications planning
18-6 group by the department, by the comptroller, and by the General
18-7 Services Commission.
18-8 (c) The telecommunications planning group may periodically
18-9 elect one of its members to serve as presiding officer of the
18-10 group.
18-11 Sec. 2054.203. TELECOMMUNICATIONS PLANNING AND POLICY.
18-12 (a) The telecommunications planning group shall comprehensively
18-13 collect and manage telecommunications network configuration
18-14 information about existing and planned telecommunications networks
18-15 throughout state government.
18-16 (b) The telecommunications planning group may require state
18-17 agencies to submit to the group the agencies' network configuration
18-18 information, but the group must use existing reports to gather the
18-19 information if possible and minimize the reporting burden on
18-20 agencies to the extent possible.
18-21 (c) The telecommunications planning group shall establish
18-22 plans and policies for a system of telecommunications services to
18-23 be managed and operated by the General Services Commission.
18-24 (d) The telecommunications planning group shall develop a
18-25 statewide telecommunications operating plan for all state agencies.
18-26 The plan shall implement a statewide network and include technical
18-27 specifications that are binding on the General Services Commission.
19-1 (e) The department shall adopt appropriate policies and
19-2 standards that govern the cost-effective and efficient management,
19-3 operation, and use of state telecommunications services and shall
19-4 distribute those policies and standards to all state agencies.
19-5 (f) Each state agency shall comply with the rules, policies,
19-6 standards, and guidelines the department adopts under this section.
19-7 Sec. 2054.204. DEVELOPMENT OF PLAN FOR STATE
19-8 TELECOMMUNICATIONS NETWORK. (a) The telecommunications planning
19-9 group shall develop a plan for a state telecommunications network
19-10 that will effectively and efficiently meet the long-term
19-11 requirements of state government for voice, video, and computer
19-12 communications, with the goal of achieving a single centralized
19-13 telecommunications network for state government.
19-14 (b) The plan must recognize that all state agencies,
19-15 including institutions of higher education, are a single entity for
19-16 purposes of purchasing and the determination of tariffs.
19-17 (c) The plan must incorporate efficiencies obtained through
19-18 the use of shared transmission services and open systems
19-19 architecture as they become available, building on existing systems
19-20 as appropriate. In developing the plan, the telecommunications
19-21 planning group shall make use of the technical expertise of state
19-22 agencies, including institutions of higher education.
19-23 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
19-24 telecommunications planning group shall develop functional
19-25 requirements for a statewide system of telecommunications services
19-26 for all state agencies. Existing networks, as configured on
19-27 September 1, 1991, of institutions of higher education are exempt
20-1 from the requirements.
20-2 (b) The telecommunications planning group shall develop
20-3 requests for information and proposals for a statewide system of
20-4 telecommunications services for all state agencies.
20-5 (c) The telecommunications planning group shall negotiate
20-6 rates and execute contracts with telecommunications service
20-7 providers for services. The telecommunications planning group may:
20-8 (1) acquire transmission facilities by purchase,
20-9 lease, or lease-purchase in accordance with Chapters 2155-2158; and
20-10 (2) develop, establish, and maintain carrier systems
20-11 necessary to the operation of the telecommunications system.
20-12 Sec. 2054.206. ADVISORY AGENCIES. The following state
20-13 agencies shall formally advise the telecommunications planning
20-14 group and send representatives to meetings of the group:
20-15 (1) the Texas Education Agency;
20-16 (2) the Texas Higher Education Coordinating Board;
20-17 (3) The Texas A&M University System;
20-18 (4) The University of Texas System;
20-19 (5) the Telecommunications Infrastructure Fund Board;
20-20 and
20-21 (6) the Texas State Library and Archives Commission.
20-22 Sec. 2054.207. REPORT. The telecommunications planning
20-23 group shall report biennially to the legislature not later than
20-24 October 1 of each even-numbered year on the status of the current
20-25 plan for a state telecommunications network and on the progress
20-26 state government has made towards accomplishing the goals of the
20-27 plan.
21-1 SECTION 20. Sections 2054.059, 2054.072, 2170.054, 2170.055,
21-2 and 2170.060, Government Code, are repealed.
21-3 SECTION 21. (a) This section governs the transition from a
21-4 voting nine-member governing board of the Department of Information
21-5 Resources to a board composed of six voting members and two
21-6 rotating groups of three nonvoting ex officio members in accordance
21-7 with the changes in law made by this Act.
21-8 (b) The changes in law made by this Act to Sections 2054.021
21-9 and 2054.022, Government Code, apply only to a member who is
21-10 appointed to serve on the governing board of the Department of
21-11 Information Resources on or after the effective date of this Act,
21-12 including a member who is appointed to fill a vacancy in an
21-13 unexpired term on or after the effective date of this Act. A
21-14 member of the governing board of the Department of Information
21-15 Resources who is serving on the board immediately before the
21-16 effective date of this Act is governed for the remainder of the
21-17 member's current term by Sections 2054.021 and 2054.022, Government
21-18 Code, as those statutes existed immediately before the effective
21-19 date of this Act, and the prior law is continued in effect for this
21-20 purpose.
21-21 (c) The three voting board positions with terms that expire
21-22 February 1, 1999, are abolished on that date.
21-23 (d) On February 1, 1999, the first two-year terms on the
21-24 board begin for the members of the nonvoting ex officio group
21-25 composed of the executive director of the Texas Workers'
21-26 Compensation Commission, the commissioner of health and human
21-27 services, and the executive director of the Texas Department of
22-1 Transportation. On February 1, 2001, those three members' first
22-2 terms expire, and the first two-year terms on the board begin for
22-3 the members of the nonvoting ex officio group composed of the
22-4 commissioner of education, the executive director of the Texas
22-5 Department of Criminal Justice, and the executive director of the
22-6 Parks and Wildlife Department.
22-7 (e) In appointing voting members of the board to terms
22-8 scheduled to begin February 1, 2001, the governor shall appoint one
22-9 voting member to the board for a term expiring February 1, 2003,
22-10 one voting member for a term expiring February 1, 2005, and one
22-11 voting member for a term expiring February 1, 2007.
22-12 (f) In appointing voting members of the board to terms
22-13 scheduled to begin February 1, 2003, the governor shall appoint one
22-14 voting member to the board for a term expiring February 1, 2005,
22-15 one voting member for a term expiring February 1, 2007, and two
22-16 voting members for terms expiring February 1, 2009.
22-17 SECTION 22. This Act takes effect September 1, 1997.
22-18 SECTION 23. The importance of this legislation and the
22-19 crowded condition of the calendars in both houses create an
22-20 emergency and an imperative public necessity that the
22-21 constitutional rule requiring bills to be read on three several
22-22 days in each house be suspended, and this rule is hereby suspended.