1-1     By:  Armbrister                                        S.B. No. 365

 1-2           (In the Senate - Filed March 5, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 8, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 13, Nays 0; April 8, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister

 1-7           Amend S.B. No. 365 by striking SECTION 3 of the bill

 1-8     (introduced version, page 3, lines 17-63) and substituting a new

 1-9     SECTION 3 to read as follows:

1-10           SECTION 3.  Section 2054.022, Government Code, is amended to

1-11     read as follows:

1-12           Sec. 2054.022.  CONFLICT OF INTEREST.  (a)  A member of the

1-13     board or an employee of the department may not:

1-14                 (1)  be a person required to register as a lobbyist

1-15     under Chapter 305 because of the person's activities for

1-16     compensation on behalf of a business entity that has, or on behalf

1-17     of a trade association of business entities that have, a

1-18     substantial interest in the information resources technologies

1-19     industry;

1-20                 (2)  be an officer, employee, or paid consultant of a

1-21     business entity that has, or of a trade association of business

1-22     entities that have, a substantial interest in the information

1-23     resources technologies industry and that may contract with state

1-24     government;

1-25                 (3)  own, control, or have, directly or indirectly,

1-26     more than a 10 percent interest in a business entity that has a

1-27     substantial interest in the information resources technologies

1-28     industry and that may contract with state government;

1-29                 (4)  receive more than 25 percent of the individual's

1-30     income from a business entity that has a substantial interest in

1-31     the information resources technologies industry and that may

1-32     contract with state government;

1-33                 (5)  be interested in or connected with a contract or

1-34     bid for furnishing a state agency with information resources

1-35     technologies;

1-36                 (6)  be employed by a state agency as a consultant on

1-37     information resources technologies; or

1-38                 (7)  accept or receive money or another thing of value

1-39     from an individual, firm, or corporation to whom a contract may be

1-40     awarded, directly or indirectly, by rebate, gift, or otherwise.

1-41           (b)  A person who is the spouse of an officer, employee, or

1-42     paid consultant of a business entity that has, or of a trade

1-43     association of business entities that have, a substantial interest

1-44     in the information resources technologies industry and that may

1-45     contract with state government may not be:

1-46                 (1)  a member of the board; or

1-47                 (2)  an employee of the department who:

1-48                       (A)  is exempt from the state's position

1-49     classification plan; or

1-50                       (B)  is compensated at or above the amount

1-51     prescribed by the General Appropriations Act for step 1, salary

1-52     group 17, of the position classification salary schedule.

1-53           (c)  For the purposes of this section, a trade association is

1-54     a nonprofit, cooperative, and voluntarily joined association of

1-55     business or professional competitors in this state designed to

1-56     assist its members and its industry or profession in dealing with

1-57     mutual business or professional problems and in promoting their

1-58     common interest.

1-59           (d)  The executive director shall dismiss an employee of the

1-60     department who violates a prohibition under Subsection (a), and the

1-61     board shall remove the executive director if the executive director

1-62     violates a prohibition under Subsection (a).

1-63                            A BILL TO BE ENTITLED

1-64                                   AN ACT

 2-1     relating to the continuation and functions of the Department of

 2-2     Information Resources.

 2-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 2-4           SECTION 1.  Section 2054.005, Government Code, is amended to

 2-5     read as follows:

 2-6           Sec. 2054.005.  SUNSET PROVISION.  The Department of

 2-7     Information Resources is subject to Chapter 325 (Texas Sunset Act).

 2-8     Unless continued in existence as provided by that chapter, the

 2-9     department is abolished and this chapter expires September 1, 2009

2-10     [1997].

2-11           SECTION 2.  Section 2054.021, Government Code, is amended to

2-12     read as follows:

2-13           Sec. 2054.021.  COMPOSITION OF BOARD; TERMS; TRAINING.

2-14     (a)  The department is governed by a board composed of six voting

2-15     [nine] members appointed by the governor with the advice and

2-16     consent of the senate.  [Three members must be appointed from a

2-17     list of individuals submitted to the governor by the speaker of the

2-18     house of representatives, and at least one of those appointees must

2-19     be a member of the house of representatives who serves on the board

2-20     ex officio as a voting member.  Three members must be appointed

2-21     from a list of individuals submitted to the governor by the

2-22     lieutenant governor, and at least one of those appointees must be a

2-23     member of the senate who serves on the board ex officio as a voting

2-24     member.]  One member must be employed by an institution of higher

2-25     education as defined by Section 61.003, Education Code.  [In

2-26     addition to the members of the legislature who must be appointed

2-27     from the lists submitted by the lieutenant governor and the speaker

2-28     of the house of representatives, the governor may appoint other

2-29     members of the legislature to serve on the board ex officio as

2-30     voting members.]

2-31           (b)  Voting members [Members] of the board serve for

2-32     staggered six-year terms with two [three] members' terms expiring

2-33     February 1 of each odd-numbered year.

2-34           (c)  Two groups each composed of three ex officio members

2-35     serve on the board on a rotating basis.  The ex officio members

2-36     serve as nonvoting members of the board.  Only one group serves at

2-37     a time.  The first group is composed of the executive director of

2-38     the Texas Workers' Compensation Commission, the commissioner of

2-39     health and human services, and the executive director of the Texas

2-40     Department of Transportation.  Members of the first group serve for

2-41     two-year terms that begin February 1 of every other odd-numbered

2-42     year and that expire on February 1 of the next odd-numbered year.

2-43     The second group is composed of the commissioner of education, the

2-44     executive director of the Texas Department of Criminal Justice, and

2-45     the executive director of the Parks and Wildlife Department.

2-46     Members of the second group serve for two-year terms that begin

2-47     February 1 of the odd-numbered years in which the terms of members

2-48     of the first group expire and that expire on February 1 of the next

2-49     odd-numbered year.

2-50           (d)  An ex officio member may designate the information

2-51     resources manager of the member's agency to serve in the member's

2-52     place.

2-53           (e)  Appointments to the board shall be made without regard

2-54     to the race, color, disability, sex, religion, age, or national

2-55     origin of the appointees.

2-56           (f)  Before a voting member of the board may assume the

2-57     member's duties and before the member may be confirmed by the

2-58     senate, the member must complete at least one course of the

2-59     training program established under this section.  Before a

2-60     nonvoting member of the board may assume the member's duties, the

2-61     member must complete at least one course of the training program

2-62     established under this section.

2-63           (g)  A training program established under this section must

2-64     provide information to the member regarding:

2-65                 (1)  the enabling legislation that created the

2-66     department and its policymaking body to which the member is

2-67     appointed to serve;

2-68                 (2)  the programs operated by the department;

2-69                 (3)  the role and functions of the department;

 3-1                 (4)  the rules of the department with an emphasis on

 3-2     the rules that relate to investigatory authority;

 3-3                 (5)  the current budget for the department;

 3-4                 (6)  the results of the most recent formal audit of the

 3-5     department;

 3-6                 (7)  the requirements of the:

 3-7                       (A)  open meetings law, Chapter 551;

 3-8                       (B)  open records law, Chapter 552; and

 3-9                       (C)  administrative procedure law, Chapter 2001;

3-10                 (8)  the requirements of the conflict of interest laws

3-11     and other laws relating to public officials; and

3-12                 (9)  any applicable ethics policies adopted by the

3-13     department or the Texas Ethics Commission.

3-14           SECTION 3.  Section 2054.022, Government Code, is amended to

3-15     read as follows:

3-16           Sec. 2054.022.  CONFLICT OF INTEREST.  (a)  A member of the

3-17     board or an employee of the department may not:

3-18                 (1)  be a person required to register as a lobbyist

3-19     under Chapter 305 because of the person's activities for

3-20     compensation on behalf of a business entity that has, or on behalf

3-21     of a trade association of business entities that have, a

3-22     substantial interest in the information resources technologies

3-23     industry;

3-24                 (2)  be an officer, employee, or paid consultant of a

3-25     business entity that has, or of a trade association of business

3-26     entities that have, a substantial interest in the information

3-27     resources technologies industry and that may contract with state

3-28     government;

3-29                 (3)  be the spouse of an officer, employee, or paid

3-30     consultant of a business entity that has, or of a trade association

3-31     of business entities that have, a substantial interest in the

3-32     information resources technologies industry and that may contract

3-33     with state government;

3-34                 (4)  own, control, or have, directly or indirectly,

3-35     more than a 10 percent interest in a business entity that has a

3-36     substantial interest in the information resources technologies

3-37     industry and that may contract with state government;

3-38                 (5) [(4)]  receive more than 25 percent of the

3-39     individual's income from a business entity that has a substantial

3-40     interest in the information resources technologies industry and

3-41     that may contract with state government;

3-42                 (6) [(5)]  be interested in or connected with a

3-43     contract or bid for furnishing a state agency with information

3-44     resources technologies;

3-45                 (7) [(6)]  be employed by a state agency as a

3-46     consultant on information resources technologies; or

3-47                 (8) [(7)]  accept or receive money or another thing of

3-48     value from an individual, firm, or corporation to whom a contract

3-49     may be awarded, directly or indirectly, by rebate, gift, or

3-50     otherwise.

3-51           (b)  For the purposes of this section, a trade association is

3-52     a nonprofit, cooperative, and voluntarily joined association of

3-53     business or professional competitors in this state designed to

3-54     assist its members and its industry or profession in dealing with

3-55     mutual business or professional problems and in promoting their

3-56     common interest.

3-57           (c)  The executive director shall dismiss an employee of the

3-58     department who violates a prohibition under Subsection (a), and the

3-59     board shall remove the executive director if the executive director

3-60     violates a prohibition under Subsection (a).

3-61           SECTION 4.  Subsection (c), Section 2054.025, Government

3-62     Code, is amended to read as follows:

3-63           (c)  If the executive director has knowledge that a potential

3-64     ground for removal exists, the executive director shall inform the

3-65     presiding officer.  The presiding officer shall then inform the

3-66     governor and the attorney general of the potential ground for

3-67     removal.  If the potential ground for removal involves the

3-68     presiding officer, the executive director shall notify the next

3-69     highest ranking officer of the  board, who shall notify the

 4-1     governor and the attorney general that a potential ground for

 4-2     removal exists.

 4-3           SECTION 5.  Section 2054.029, Government Code, is amended by

 4-4     amending Subsection (b) and adding Subsection (c) to read as

 4-5     follows:

 4-6           (b)  The executive director or the executive director's

 4-7     designee shall provide to members of the board and to the

 4-8     department's employees, as often as necessary, information

 4-9     regarding their qualifications for office or employment under this

4-10     chapter and their responsibilities under applicable laws relating

4-11     to standards of conduct for state officers or employees.

4-12           (c)  The board shall develop and implement policies that

4-13     clearly separate the policymaking responsibilities of the board and

4-14     the management responsibilities of the executive director and the

4-15     staff of the department.

4-16           SECTION 6.  Section 2054.030, Government Code, is amended to

4-17     read as follows:

4-18           Sec. 2054.030.  MERIT PAY.  (a)  The executive director or

4-19     the executive director's designee [department] shall develop a

4-20     system of annual performance evaluations that are based on

4-21     documented employee performance.

4-22           (b)  All merit pay for department employees must be based on

4-23     [awarded under] the system established under this section.

4-24           SECTION 7.  Section 2054.031, Government Code, is amended to

4-25     read as follows:

4-26           Sec. 2054.031.  CAREER LADDER.  (a)  The executive director

4-27     or the executive director's designee [department] shall develop an

4-28     intraagency career ladder program that addresses opportunities for

4-29     mobility and advancement for employees within the department.

4-30           (b)  The program shall require intraagency postings of all

4-31     [nonentry level] positions concurrently with any public posting.

4-32           SECTION 8.  Section 2054.032, Government Code, is amended to

4-33     read as follows:

4-34           Sec. 2054.032.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The

4-35     executive director or the executive director's designee

4-36     [department] shall prepare and maintain a written policy statement

4-37     to assure implementation of a program of equal employment

4-38     opportunity under which all personnel transactions are made without

4-39     regard to race, color, disability, sex, religion, age, or national

4-40     origin.

4-41           [(b)]  The policy statement must include:

4-42                 (1)  personnel policies, including policies relating to

4-43     recruitment, evaluation, selection, appointment, training, and

4-44     promotion of personnel, that are in compliance with Chapter 21,

4-45     Labor Code;

4-46                 (2)  a comprehensive analysis of the department

4-47     workforce that meets federal and state guidelines;

4-48                 (3)  procedures by which a determination can be made

4-49     about the extent of underuse in the department workforce of all

4-50     persons for whom federal or state guidelines encourage a more

4-51     equitable balance; and

4-52                 (4)  reasonable methods to appropriately address those

4-53     areas of underuse.

4-54           (b)  A policy statement prepared under Subsection (a) must

4-55     cover an annual period, be updated annually and reviewed by the

4-56     Commission on Human Rights for compliance with Subsection (a)(1),

4-57     and be filed with the governor's office.

4-58           (c)  The governor's office shall deliver a biennial report to

4-59     the legislature based on the information received under Subsection

4-60     (b).  The report may be made separately or as a part of other

4-61     biennial reports made to the legislature.

4-62           SECTION 9.  Subchapter B, Chapter 2054, Government Code, is

4-63     amended by adding Sections 2054.034, 2054.035, and 2054.036 to read

4-64     as follows:

4-65           Sec. 2054.034.  DEPARTMENT FINANCES.  (a)  All money paid to

4-66     the department under this chapter is subject to Subchapter F,

4-67     Chapter 404.

4-68           (b)  The board, department, or executive director shall

4-69     prepare annually a complete and detailed written report accounting

 5-1     for all funds received and disbursed by the department during the

 5-2     preceding fiscal year.  The annual report must meet the reporting

 5-3     requirements applicable to financial reporting provided in the

 5-4     General Appropriations Act.

 5-5           Sec. 2054.035.  PARTICIPATION AND ACCESSIBILITY.  (a)  The

 5-6     board shall develop and implement policies that provide the public

 5-7     with a reasonable opportunity to appear before the board and to

 5-8     speak on any issue under the jurisdiction of the department.

 5-9           (b)  The department shall prepare information of public

5-10     interest describing the functions of the department and the

5-11     procedures by which complaints are filed with and resolved by the

5-12     department.  The department shall make the information available to

5-13     the public and appropriate state agencies.

5-14           (c)  The board by rule shall establish methods by which

5-15     consumers and service recipients are notified of the name, mailing

5-16     address, and telephone number of the department for the purpose of

5-17     directing complaints to the department.  The board may provide for

5-18     that notification:

5-19                 (1)  on each registration form, application, or written

5-20     contract for services of an individual or entity regulated under

5-21     this chapter;

5-22                 (2)  on a sign prominently displayed in the place of

5-23     business of each individual or entity regulated under this chapter;

5-24     or

5-25                 (3)  in a bill for service provided by an individual or

5-26     entity regulated under this chapter.

5-27           (d)  The department shall comply with federal and state laws

5-28     related to program and facility accessibility.  The executive

5-29     director shall also prepare and maintain a written plan that

5-30     describes how a person who does not speak English can be provided

5-31     reasonable access to the department's programs and services.

5-32           Sec. 2054.036.  COMPLAINTS.  (a)  The department shall keep a

5-33     file about each written complaint filed with the department that

5-34     the department has authority to resolve.  The department shall

5-35     provide to the person filing the complaint and the persons or

5-36     entities complained about the department's policies and procedures

5-37     pertaining to complaint investigation and resolution.  The

5-38     department, at least quarterly and until final disposition of the

5-39     complaint, shall notify the person filing the complaint and the

5-40     persons or entities complained about of the status of the complaint

5-41     unless the notice would jeopardize an undercover investigation.

5-42           (b)  The department shall keep information about each

5-43     complaint filed with the department.  The information shall

5-44     include:

5-45                 (1)  the date the complaint is received;

5-46                 (2)  the name of the complainant;

5-47                 (3)  the subject matter of the complaint;

5-48                 (4)  a record of all persons contacted in relation to

5-49     the complaint;

5-50                 (5)  a summary of the results of the review or

5-51     investigation of the complaint; and

5-52                 (6)  for complaints for which the department took no

5-53     action, an explanation of the reason the complaint was closed

5-54     without action.

5-55           SECTION 10.  Section 2054.074, Government Code, is amended to

5-56     read as follows:

5-57           Sec. 2054.074.  RESPONSIBILITY TO PREPARE OPERATING PLANS [OF

5-58     INFORMATION RESOURCES MANAGER].  The information resources manager

5-59     shall prepare the biennial operating plans under Subchapter E.

5-60           SECTION 11.  Section 2054.075, Government Code, is amended to

5-61     read as follows:

5-62           Sec. 2054.075.  COOPERATION WITH INFORMATION RESOURCES

5-63     MANAGER.  (a)  Each state agency shall cooperate as necessary with

5-64     its information resources manager to enable that individual to

5-65     perform the manager's duties.

5-66           (b)  Each state agency shall provide that its information

5-67     resources manager is part of the agency's executive management and

5-68     reports directly to a person with a title functionally equivalent

5-69     to executive director or deputy executive director.  Each state

 6-1     agency shall report to the department the extent and results of its

 6-2     compliance with this subsection, and the department shall report

 6-3     the extent and results of state agencies' compliance to the

 6-4     legislature.

 6-5           SECTION 12.  Section 2054.076, Government Code, is amended to

 6-6     read as follows:

 6-7           Sec. 2054.076.  TRAINING AND CONTINUING EDUCATION.  (a)  The

 6-8     department periodically shall analyze the training needs of

 6-9     information resources managers and adjust its initial training and

6-10     continuing education guidelines based on its analyses.  The

6-11     department's analyses must take into account the different training

6-12     needs of information resources managers at both large and small

6-13     state agencies.

6-14           (b)  The department shall provide mandatory guidelines to

6-15     state agencies regarding the initial and continuing education

6-16     requirements needed for information resources managers and require

6-17     information resources managers to report their compliance with the

6-18     requirements to the department.

6-19           (c)  The department's initial training and continuing

6-20     education guidelines must require information resources managers to

6-21     receive training and continuing education in:

6-22                 (1)  implementing quality assurance programs;

6-23                 (2)  training the people who use the agency's

6-24     information resources and information resources technologies; and

6-25                 (3)  balancing the technical aspects of information

6-26     resources and information resources technologies with the agency's

6-27     business needs.

6-28           (d) [(b)]  An individual who is appointed the information

6-29     resources manager of a state agency before September 1, 1992, is

6-30     exempt from the requirements of the department regarding initial

6-31     education needed for that position.

6-32           (e) [(c)]  The department may provide educational materials

6-33     and seminars for state agencies and information resources managers.

6-34           SECTION 13.  Subsection (d), Section 2054.095, Government

6-35     Code, is amended to read as follows:

6-36           (d)  The department by rule shall adopt instructions,

6-37     consistent with Section 2054.096, that guide state agencies in the

6-38     preparation of their agency strategic plans.  The instructions must

6-39     include the general criteria under which the department will

6-40     evaluate the plan.  The department shall send the instructions to

6-41     each state agency not later than the date prescribed by department

6-42     rule [February 1 of each even-numbered year].

6-43           SECTION 14.  Subsections (a) and (b), Section 2054.097,

6-44     Government Code, are amended to read as follows:

6-45           (a)  A state agency shall send its strategic plan to the

6-46     department for review and approval not later than the date

6-47     prescribed by department rule [January 1 of each odd-numbered

6-48     year].  The department shall prescribe the date so that it aligns

6-49     with the date a state agency is required to submit its strategic

6-50     plan under Chapter 2056.

6-51           (b)  The department shall review and approve or disapprove

6-52     each agency strategic plan not later than the 90th day after the

6-53     date the department receives the plan [April 15 of each

6-54     odd-numbered year].

6-55           SECTION 15.  Subsection (c), Section 2054.100, Government

6-56     Code, is amended to read as follows:

6-57           (c)  A state agency shall amend its biennial operating plan

6-58     when necessary to reflect changes in the plan during a biennium.

6-59     At a minimum, an agency shall amend its biennial operating plan to

6-60     reflect significant new or changed information resources

6-61     initiatives or information resources technologies initiatives

6-62     contained in the agency's legislative appropriations request.  Not

6-63     later than the date prescribed by department rule, an agency shall

6-64     submit an amended plan to reflect new or changed initiatives

6-65     contained in the agency's legislative appropriations request.

6-66           SECTION 16.  Section 2054.103, Government Code, is amended to

6-67     read as follows:

6-68           Sec. 2054.103.  SUBMISSION OF OPERATING PLANS.  Each state

6-69     agency shall send a copy of its biennial operating plan and of any

 7-1     amendments to the plan, as approved by the department, to the

 7-2     governor, the Legislative Budget Board, and the state auditor not

 7-3     later than the 30th day after the date the department approves the

 7-4     plan or amendment, as applicable.

 7-5           SECTION 17.  Section 2054.118, Government Code, is amended to

 7-6     read as follows:

 7-7           Sec. 2054.118.  MAJOR INFORMATION RESOURCES PROJECT.  (a)  A

 7-8     state agency may not spend appropriated funds for a major

 7-9     information resources project unless the project has been approved

7-10     by the department in the agency's biennial operating plan.

7-11           (b)  The department shall develop rules or guidelines for its

7-12     review of major information resources projects.  The department

7-13     shall also assist the Legislative Budget Board in evaluating the

7-14     determinations about comparative costs and benefits that state

7-15     agencies make under Subsection (c).

7-16           (c)  A state agency that proposes to spend appropriated funds

7-17     for a major information resources project must first determine:

7-18                 (1)  the comparative benefits of using agency personnel

7-19     contrasted with using outside contractors to design the project;

7-20     and

7-21                 (2)  the comparative total costs of leasing and of

7-22     purchasing the information resources and information resources

7-23     technologies involved in the project, with those costs to be

7-24     determined after taking into account the use of the resources and

7-25     technologies over their lifetimes.

7-26           (d)  In this section, "major information resources project"

7-27     means any information resources technology project identified in a

7-28     state agency's biennial operating plan with development costs that

7-29     exceed $1 million and that:

7-30                 (1)  requires one year or longer to reach operations

7-31     status;

7-32                 (2)  involves more than one state agency; or

7-33                 (3)  substantially alters work methods of state agency

7-34     personnel or the delivery of services to clients.

7-35           SECTION 18.  Chapter 2054, Government Code, is amended by

7-36     adding Subchapter G to read as follows:

7-37                  SUBCHAPTER G.  INTERNAL QUALITY ASSURANCE

7-38           Sec. 2054.151.  PURPOSE AND FINDINGS.  (a)  The legislature

7-39     intends that state agency information resources and information

7-40     resources technologies projects will be successfully completed on

7-41     time and within budget and that the projects will function and

7-42     provide benefits in the manner the agency projected in its plans

7-43     submitted to the department and in its appropriations requests

7-44     submitted to the legislature.

7-45           (b)  The legislature finds that to ensure the successful

7-46     completion of all but the smallest or lowest risk projects, each

7-47     state agency must develop and implement its own internal quality

7-48     assurance procedures.

7-49           Sec. 2054.152.  DEFINITION.  In this subchapter, "internal

7-50     quality assurance procedures" includes methods that an agency

7-51     employs to identify and mitigate risks on its projects, to ensure

7-52     that it follows established state technology standards, and to

7-53     provide accountability for the money spent on its projects.

7-54           Sec. 2054.153.  DEPARTMENT GUIDELINES.  (a)  The department

7-55     by rule shall establish model guidelines for state agencies to use

7-56     in developing their own internal quality assurance procedures.

7-57           (b)  The department's guidelines must address:

7-58                 (1)  planning project development;

7-59                 (2)  determining the projected benefits of a project;

7-60                 (3)  developing and implementing management control

7-61     processes;

7-62                 (4)  projecting the budget for a project;

7-63                 (5)  analyzing the risks of a project;

7-64                 (6)  establishing standards by which the effectiveness

7-65     and efficiency of a project can be evaluated; and

7-66                 (7)  evaluating and reporting on the project after

7-67     implementation.

7-68           Sec. 2054.154.  DEPARTMENT ASSISTANCE.  The department shall

7-69     establish a comprehensive technical assistance program to aid state

 8-1     agencies in developing and implementing their own internal quality

 8-2     assurance procedures.

 8-3           Sec. 2054.155.  EXEMPTION FOR CERTAIN PROJECTS.  The

 8-4     department by rule may exempt state agency projects that fall below

 8-5     minimum cost and risk thresholds established by the department from

 8-6     the requirement to implement internal quality assurance procedures.

 8-7           Sec. 2054.156.  STATE AGENCY DUTIES.  (a)  Each state agency

 8-8     shall develop its own internal quality assurance procedures based

 8-9     on the department's model guidelines.  Each state agency shall use

8-10     its internal quality assurance procedures to evaluate each of its

8-11     projects that is not exempt under Section 2054.155.

8-12           (b)  The agency's information resources manager shall develop

8-13     and oversee the implementation of the agency's internal quality

8-14     assurance procedures except to the extent that the agency contracts

8-15     with another governmental entity or with a private entity to

8-16     develop or implement all or part of the procedures.

8-17           (c)  The agency's information resources manager shall

8-18     demonstrate in the agency strategic plan the extent to which the

8-19     agency uses its internal quality assurance procedures.

8-20           Sec. 2054.157.  OVERSIGHT BY DEPARTMENT.  (a)  The department

8-21     may make formal recommendations to a state agency regarding the

8-22     agency's need to develop, implement, or improve its internal

8-23     quality assurance procedures.

8-24           (b)  The department shall report on state agencies' progress

8-25     in developing and implementing internal quality assurance

8-26     procedures as part of the department's biennial performance report.

8-27           SECTION 19.  Chapter 2054, Government Code, is amended by

8-28     adding Subchapter H to read as follows:

8-29              SUBCHAPTER H.  TELECOMMUNICATIONS PLANNING GROUP

8-30           Sec. 2054.201.  COMPOSITION.  (a)  The telecommunications

8-31     planning group is composed of the comptroller, the executive

8-32     director of the department, and the executive director of the

8-33     General Services Commission.

8-34           (b)  Each member of the group may designate an employee of

8-35     the member's agency to serve in the member's place.

8-36           Sec. 2054.202.  ADMINISTRATIVE PROVISIONS.  (a)  The

8-37     telecommunications planning group shall post notice of its meetings

8-38     in accordance with the open meetings law, Chapter 551, in the

8-39     manner required for a state governmental body under that chapter.

8-40           (b)  The department shall coordinate the staff and

8-41     administrative support provided to the telecommunications planning

8-42     group by the department, by the comptroller, and by the General

8-43     Services Commission.

8-44           (c)  The telecommunications planning group may periodically

8-45     elect one of its members to serve as presiding officer of the

8-46     group.

8-47           Sec. 2054.203.  TELECOMMUNICATIONS PLANNING AND POLICY.

8-48     (a)  The telecommunications planning group shall comprehensively

8-49     collect and manage telecommunications network configuration

8-50     information about existing and planned telecommunications networks

8-51     throughout state government.

8-52           (b)  The telecommunications planning group may require state

8-53     agencies to submit to the group the agencies' network configuration

8-54     information, but the group must use existing reports to gather the

8-55     information if possible and minimize the reporting burden on

8-56     agencies to the extent possible.

8-57           (c)  The telecommunications planning group shall establish

8-58     plans and policies for a system of telecommunications services to

8-59     be managed and operated by the General Services Commission.

8-60           (d)  The telecommunications planning group shall develop a

8-61     statewide telecommunications operating plan for all state agencies.

8-62     The plan shall implement a statewide network and include technical

8-63     specifications that are binding on the General Services Commission.

8-64           (e)  The department shall adopt appropriate policies and

8-65     standards that govern the cost-effective and efficient management,

8-66     operation, and use of state telecommunications services and shall

8-67     distribute those policies and standards to all state agencies.

8-68           (f)  Each state agency shall comply with the rules, policies,

8-69     standards, and guidelines the department adopts under this section.

 9-1           Sec. 2054.204.  DEVELOPMENT OF PLAN FOR STATE

 9-2     TELECOMMUNICATIONS NETWORK.  (a)  The telecommunications planning

 9-3     group shall develop a plan for a state telecommunications network

 9-4     that will effectively and efficiently meet the long-term

 9-5     requirements of state government for voice, video, and computer

 9-6     communications, with the goal of achieving a single centralized

 9-7     telecommunications network for state government.

 9-8           (b)  The plan must recognize that all state agencies,

 9-9     including institutions of higher education, are a single entity for

9-10     purposes of purchasing and the determination of tariffs.

9-11           (c)  The plan must incorporate efficiencies obtained through

9-12     the use of shared transmission services and open systems

9-13     architecture as they become available, building on existing systems

9-14     as appropriate.  In developing the plan, the telecommunications

9-15     planning group shall make use of the technical expertise of state

9-16     agencies, including institutions of higher education.

9-17           Sec. 2054.205.  DEVELOPMENT OF SYSTEM.  (a)  The

9-18     telecommunications planning group shall develop functional

9-19     requirements for a statewide system of telecommunications services

9-20     for all state agencies.  Existing networks, as configured on

9-21     September 1, 1991, of institutions of higher education are exempt

9-22     from the requirements.

9-23           (b)  The telecommunications planning group shall develop

9-24     requests for information and proposals for a statewide system of

9-25     telecommunications services for all state agencies.

9-26           (c)  The telecommunications planning group shall negotiate

9-27     rates and execute contracts with telecommunications service

9-28     providers for services.  The telecommunications planning group may:

9-29                 (1)  acquire transmission facilities by purchase,

9-30     lease, or lease-purchase in accordance with Chapters 2155-2158; and

9-31                 (2)  develop, establish, and maintain carrier systems

9-32     necessary to the operation of the telecommunications system.

9-33           Sec. 2054.206.  ADVISORY AGENCIES.  The following state

9-34     agencies shall formally advise the telecommunications planning

9-35     group and send representatives to meetings of the group:

9-36                 (1)  the Texas Education Agency;

9-37                 (2)  the Texas Higher Education Coordinating Board;

9-38                 (3)  The Texas A&M University System;

9-39                 (4)  The University of Texas System;

9-40                 (5)  the Telecommunications Infrastructure Fund Board;

9-41     and

9-42                 (6)  the Texas State Library and Archives Commission.

9-43           Sec. 2054.207.  REPORT.  The telecommunications planning

9-44     group shall report biennially to the legislature not later than

9-45     October 1 of each even-numbered year on the status of the current

9-46     plan for a state telecommunications network and on the progress

9-47     state government has made towards accomplishing the goals of the

9-48     plan.

9-49           SECTION 20.  Sections 2054.059, 2054.072, 2170.054, 2170.055,

9-50     and 2170.060, Government Code, are repealed.

9-51           SECTION 21.  (a)  This section governs the transition from a

9-52     voting nine-member governing board of the Department of Information

9-53     Resources to a board composed of six voting members and two

9-54     rotating groups of three nonvoting ex officio members in accordance

9-55     with the changes in law made by this Act.

9-56           (b)  The changes in law made by this Act to Sections 2054.021

9-57     and 2054.022, Government Code, apply only to a member who is

9-58     appointed to serve on the governing board of the Department of

9-59     Information Resources on or after the effective date of this Act,

9-60     including a member who is appointed to fill a vacancy in an

9-61     unexpired term on or after the effective date of this Act.  A

9-62     member of the governing board of the Department of Information

9-63     Resources who is serving on the board immediately before the

9-64     effective date of this Act is governed for the remainder of the

9-65     member's current term by Sections 2054.021 and 2054.022, Government

9-66     Code, as those statutes existed immediately before the effective

9-67     date of this Act, and the prior law is continued in effect for this

9-68     purpose.

9-69           (c)  The three voting board positions with terms that expire

 10-1    February 1, 1999, are abolished on that date.

 10-2          (d)  On February 1, 1999, the first two-year terms on the

 10-3    board begin for the members of the nonvoting ex officio group

 10-4    composed of the executive director of the Texas Workers'

 10-5    Compensation Commission, the commissioner of health and human

 10-6    services, and the executive director of the Texas Department of

 10-7    Transportation.  On February 1, 2001, those three members' first

 10-8    terms expire, and the first two-year terms on the board begin for

 10-9    the members of the nonvoting ex officio group composed of the

10-10    commissioner of education, the executive director of the Texas

10-11    Department of Criminal Justice, and the executive director of the

10-12    Parks and Wildlife Department.

10-13          (e)  In appointing voting members of the board to terms

10-14    scheduled to begin February 1, 2001, the governor shall appoint one

10-15    voting member to the board for a term expiring February 1, 2003,

10-16    one voting member for a term expiring February 1, 2005, and one

10-17    voting member for a term expiring February 1, 2007.

10-18          (f)  In appointing voting members of the board to terms

10-19    scheduled to begin February 1, 2003, the governor shall appoint one

10-20    voting member to the board for a term expiring February 1, 2005,

10-21    one voting member for a term expiring February 1, 2007, and two

10-22    voting members for terms expiring February 1, 2009.

10-23          SECTION 22.  This Act takes effect September 1, 1997.

10-24          SECTION 23.  The importance of this legislation and the

10-25    crowded condition of the calendars in both houses create an

10-26    emergency and an imperative public necessity that the

10-27    constitutional rule requiring bills to be read on three several

10-28    days in each house be suspended, and this rule is hereby suspended.

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