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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