By Nelson S.B. No. 1652
75R9235 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation of state telecommunications services
1-3 into the Department of Information Resources.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2054, Government Code, is amended by
1-6 adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. TELECOMMUNICATIONS SERVICES
1-8 Sec. 2054.151. STATE AGENCY OPTIONS FOR OBTAINING
1-9 TELECOMMUNICATIONS SERVICES. (a) A state agency may obtain
1-10 telecommunications services only:
1-11 (1) through the department;
1-12 (2) from commercial sources; or
1-13 (3) by providing the telecommunications services
1-14 itself, including by constructing its own telecommunications
1-15 network if necessary to the provision of its own services.
1-16 (b) A state agency that obtains telecommunications services
1-17 from commercial sources or provides its own telecommunications
1-18 services under Subsection (a)(2) or (a)(3) must file a report with
1-19 the department justifying any purchase the agency makes that
1-20 exceeds $5,000, that relates to obtaining or providing its own
1-21 telecommunications services, and that is made from an entity other
1-22 than the department. The agency must list in the report all
1-23 reasons based on cost, performance, or other criteria for obtaining
1-24 or providing its own services under Subsection (a)(2) or (a)(3).
2-1 (c) The department each biennium shall report any purchases
2-2 made by a state agency under Subsection (b) to the Legislative
2-3 Budget Board at a time prescribed by the budget board.
2-4 (d) This section does not apply to a university system or
2-5 institution of higher education as defined by Section 61.003,
2-6 Education Code.
2-7 Sec. 2054.152. USE OF DEPARTMENT'S TELECOMMUNICATIONS
2-8 SERVICES BY UNIVERSITIES, LEGISLATIVE ENTITIES, AND LOCAL
2-9 GOVERNMENTAL ENTITIES. (a) A university system or an institution
2-10 of higher education as defined by Section 61.003, Education Code,
2-11 may at the option of the system or institution obtain
2-12 telecommunications services from the department.
2-13 (b) A house of the legislature or a legislative agency may
2-14 at the option of the legislative entity obtain telecommunications
2-15 services from the department.
2-16 (c) A local governmental entity may at the option of the
2-17 local governmental entity obtain telecommunications services from
2-18 the department.
2-19 Sec. 2054.153. PROVISION OF TELECOMMUNICATIONS SERVICES BY
2-20 STATE AGENCY OR UNIVERSITY. (a) A state agency may not provide
2-21 telecommunications services to another state agency or to a local
2-22 governmental entity except as provided by Subsection (b).
2-23 (b) A university system or an institution of higher
2-24 education as defined by Section 61.003, Education Code, may provide
2-25 telecommunications services only for itself, for certain of its
2-26 students under Section 2170.058, or to another university system or
2-27 institution of higher education.
3-1 SECTION 2. Section 2054.003(10), Government Code, is amended
3-2 to read as follows:
3-3 (10) "Telecommunications" means any transmission,
3-4 emission, or reception of signs, signals, writings, images, or
3-5 sounds of intelligence of any nature by wire, radio, optical, or
3-6 other electromagnetic systems. The term includes all facilities
3-7 and equipment performing those functions that are owned, leased, or
3-8 used by state agencies and branches of state government. The term
3-9 does not include single agency point-to-point radio systems or
3-10 facilities or services of criminal justice information
3-11 communications systems.
3-12 SECTION 3. Section 2054.051(e), Government Code, is amended
3-13 to read as follows:
3-14 (e) The department shall provide for all interagency use of
3-15 information resources technologies by state agencies, including
3-16 [except for] telecommunications services [provided by the General
3-17 Services Commission under other law]. The department shall provide
3-18 for interagency use of telecommunications services under Subchapter
3-19 G and Chapter 2170. The department may provide for interagency use
3-20 of other information resources technologies either directly or by
3-21 certifying another state agency to provide specified uses of
3-22 information resources technologies to other state agencies.
3-23 SECTION 4. Section 2054.059, Government Code, is amended to
3-24 read as follows:
3-25 Sec. 2054.059. TELECOMMUNICATIONS PLANNING AND POLICY.
3-26 (a) The department shall establish plans and policies for a system
3-27 of telecommunications services and manage and operate the system
4-1 under Subchapter G and Chapter 2170 [to be managed and operated by
4-2 the General Services Commission].
4-3 (b) The department[, comptroller, and General Services
4-4 Commission] shall develop a statewide telecommunications operating
4-5 plan for all state agencies. The plan shall implement a statewide
4-6 network and include technical specifications [that are binding on
4-7 the managing and operating agency. A representative of the Central
4-8 Education Agency and a representative of the Texas Higher
4-9 Education Coordinating Board shall review and comment on the
4-10 operating plan as part of the representatives' duties under Section
4-11 10.02(g), State Purchasing and General Services Act (Article 601b,
4-12 Vernon's Texas Civil Statutes)].
4-13 (c) The department shall adopt appropriate policies and
4-14 standards that govern the cost-effective and efficient management,
4-15 operation, and use of state telecommunications services and shall
4-16 distribute those policies and standards to all state agencies.
4-17 (d) Each state agency shall comply with the rules, policies,
4-18 standards, and guidelines adopted under this section.
4-19 [(e) The department shall coordinate its duties in this
4-20 section on matters relating to statewide telecommunications issues
4-21 with:]
4-22 [(1) the comptroller to achieve the goal of a single
4-23 centralized telecommunications network; and]
4-24 [(2) other state agencies as appropriate.]
4-25 SECTION 5. Subchapter A, Chapter 2170, Government Code, is
4-26 amended by adding Section 2170.0021 to read as follows:
4-27 Sec. 2170.0021. TRANSFER OF POWERS AND DUTIES. (a) All
5-1 powers and duties of the commission and of the comptroller under
5-2 this chapter are transferred to the Department of Information
5-3 Resources. All property, records, personnel, funds, accounts,
5-4 appropriations, contracts, and obligations of the commission and
5-5 comptroller that directly relate to their duties under this chapter
5-6 are transferred to the department. A reference in this chapter to
5-7 the commission or to the comptroller is a reference to the
5-8 department.
5-9 (b) Responsibility for managing and operating the system of
5-10 telecommunications services known as the Health and Human Services
5-11 Network is also transferred to the Department of Information
5-12 Resources. All powers, duties, property, records, personnel,
5-13 funds, accounts, appropriations, contracts, and obligations of the
5-14 Health and Human Services Commission, and if applicable another
5-15 health and human services agency, that are directly related to the
5-16 operation of the network are transferred to the department.
5-17 SECTION 6. This Act takes effect January 1, 1998.
5-18 SECTION 7. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.