76R14352 JRD-F
By Carter H.B. No. 1926
Substitute the following for H.B. No. 1926:
By Danburg C.S.H.B. No. 1926
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of certain state agency services to the
1-3 public through the use of electronic commerce and to the making or
1-4 receipt of payment by a state governmental entity.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 403.023, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 403.023. CREDIT, DEBIT, AND CHARGE CARDS; ELECTRONIC
1-9 FUNDS TRANSFER. (a) The comptroller may adopt rules relating to
1-10 the acceptance of credit, debit, and charge cards and electronic
1-11 funds transfer for the payment of fees, taxes, and other charges
1-12 assessed by state agencies. The rules may:
1-13 (1) authorize a state agency to accept credit cards,
1-14 debit cards, charge cards, electronic funds transfer, or a
1-15 combination of those methods if the comptroller determines the best
1-16 interests of the state would be promoted; and
1-17 (2) [authorize or require a credit card user to pay a
1-18 processing fee to the state agency that accepts the credit card;
1-19 and]
1-20 [(3)] authorize a particular state agency to accept
1-21 credit cards, debit cards, charge cards, or electronic funds
1-22 transfer without providing the same authorization to other state
1-23 agencies.
1-24 (b) The comptroller may adopt rules relating to the use of
2-1 credit, debit, and charge cards and electronic funds transfer by
2-2 state agencies to pay for purchases. The rules may:
2-3 (1) authorize a state agency to use credit cards,
2-4 debit cards, charge cards, electronic funds transfer, or a
2-5 combination of those methods if the comptroller determines the best
2-6 interests of the state would be promoted;
2-7 (2) authorize a state agency to use credit cards,
2-8 debit cards, charge cards, or electronic funds transfer to pay for
2-9 purchases without providing the same authorization to other state
2-10 agencies; and
2-11 (3) authorize a state agency to use credit cards,
2-12 debit cards, charge cards, or electronic funds transfer to pay for
2-13 purchases that otherwise may be paid out of the agency's petty cash
2-14 accounts under Subchapter K[; and]
2-15 [(4) authorize the General Services Commission to
2-16 contract with one or more credit card issuers on behalf of state
2-17 agencies].
2-18 (c) The comptroller may not adopt rules about a particular
2-19 state agency's acceptance of credit cards that would affect a
2-20 contract that the state agency has entered into that is in effect
2-21 on September 1, 1993. The comptroller may not adopt rules about a
2-22 particular state agency's acceptance of debit or charge cards that
2-23 would affect a contract that the state agency has entered into that
2-24 is in effect on September 1, 1999.
2-25 (d) The comptroller may not adopt rules about a particular
2-26 state agency's acceptance or use of credit, debit, or charge cards
2-27 or electronic funds transfer if another law specifically
3-1 authorizes, requires, prohibits, or otherwise regulates the
3-2 acceptance or use.
3-3 (e) In this section, "state agency" means:
3-4 (1) a board, commission, department, or other agency
3-5 in the executive branch of state government that is created by the
3-6 constitution or a statute of this state, including an institution
3-7 of higher education as defined by Section 61.003, Education Code,
3-8 other than a public junior college;
3-9 (2) the legislature or a legislative agency; or
3-10 (3) the supreme court, the court of criminal appeals,
3-11 a court of appeals, or a state judicial agency.
3-12 SECTION 2. Subchapter F, Chapter 2054, Government Code, is
3-13 amended by adding Section 2054.121 to read as follows:
3-14 Sec. 2054.121. ELECTRONIC COMMERCE WITH LICENSEES AND
3-15 MEMBERS OF PUBLIC. (a) This section applies to the use of
3-16 electronic commerce by a state agency to provide services to
3-17 members of the general public or to persons who are regulated by
3-18 the agency when providing the services involves the exchange of
3-19 information and may involve the receipt of payment. Examples of
3-20 services to which this section applies include:
3-21 (1) the routine renewal of a license or permit;
3-22 (2) the provision of copies of documents in an
3-23 electronic format;
3-24 (3) the sale of products; and
3-25 (4) similar services provided by an agency that may be
3-26 accomplished electronically.
3-27 (b) Chapter 2177, which applies to the use of electronic
4-1 commerce by a state agency to acquire goods and services, is not
4-2 affected by this section. This section does not apply to a state
4-3 agency's use of the Internet or an electronic bulletin board:
4-4 (1) to receive electronic mail, except to the extent
4-5 that the receipt of electronic mail is part of an electronic
4-6 commerce transaction; or
4-7 (2) to post generally accessible information that may
4-8 be retrieved without charge.
4-9 (c) The department and the General Services Commission shall
4-10 cooperate to qualify for catalogue purchasing, under Subchapter B,
4-11 Chapter 2157, of automated information systems that are suitable
4-12 for conducting electronic commerce transactions between a state
4-13 agency and persons who are regulated by the agency or members of
4-14 the general public. Before qualifying an electronic commerce
4-15 system for the catalogue, the commission shall consult the
4-16 department. The department shall determine whether the system
4-17 meets acceptable standards applicable for performing the intended
4-18 task. The department and the commission shall determine whether
4-19 the security features of the system are sufficient to protect the
4-20 integrity and privacy of exchanged information, particularly any
4-21 information exchanged as part of making a payment.
4-22 (d) A state agency engaging in an electronic commerce
4-23 transaction subject to this section may accept payment by a debit,
4-24 credit, or charge card or by electronic funds transfer and may
4-25 designate payment by one or more of those means as the preferred
4-26 method of payment. Out of the amount that the state agency
4-27 collects in accordance with a statute, rule, or agency policy, the
5-1 state agency may pay any transaction fee that the state incurs by
5-2 accepting payment by one of those means. The following
5-3 information, if collected by or for a state agency and if the
5-4 agency owns or has a right of access to the information, that
5-5 relates to a payment by debit, credit, or charge card or by
5-6 electronic funds transfer under this section, is confidential and
5-7 is not public information under Chapter 552:
5-8 (1) the fact that a person used a debit, credit, or
5-9 charge card or electronic funds transfer to make payment to a state
5-10 agency under this section;
5-11 (2) information received by the agency regarding the
5-12 person's name, address, and card or account number; and
5-13 (3) information received by the agency that correlates
5-14 the person with the person's card or account or that correlates the
5-15 use of the person's card or account with a transaction under this
5-16 section.
5-17 (e) The department's rules regarding digital signatures
5-18 apply to an electronic commerce transaction subject to this
5-19 section. This section does not require the use of a digital
5-20 signature for an electronic commerce transaction that can be
5-21 accomplished without the use of a digital signature.
5-22 (f) A state agency is not required to provide services
5-23 through the use of electronic commerce to members of the general
5-24 public or to persons who are regulated by the agency, but if the
5-25 agency does so and if providing the services involves the exchange
5-26 of information and may involve the receipt of payment, the agency
5-27 shall comply with this section.
6-1 (g) A state agency that acquires an automated information
6-2 system for the purpose of engaging in electronic commerce that is
6-3 subject to this section shall:
6-4 (1) acquire a system that is approved for that purpose
6-5 by the department and the General Services Commission and acquire
6-6 the system by using the catalogue purchase method under Subchapter
6-7 B, Chapter 2157; or
6-8 (2) obtain a waiver of the requirements of Subdivision
6-9 (1) from the department after demonstrating to the department that
6-10 the agency will more effectively or efficiently engage in
6-11 electronic commerce by using another system.
6-12 SECTION 3. Section 2155.385, Government Code, is amended by
6-13 amending the section heading and Subsection (a) to read as follows:
6-14 Sec. 2155.385. CREDIT, DEBIT, AND CHARGE CARDS; ELECTRONIC
6-15 FUNDS TRANSFER.
6-16 (a) The [If authorized by rule adopted by the comptroller
6-17 under Section 403.023, the] commission may contract with one or
6-18 more credit, debit, or charge card issuers or electronic funds
6-19 transfer services for state agencies to use credit, debit, or
6-20 charge cards or electronic funds transfer [credit cards] to pay for
6-21 purchases. The commission may not enter into a contract under this
6-22 subsection that conflicts with the comptroller's rules under
6-23 Section 403.023.
6-24 SECTION 4. Chapter 2172, Government Code, is amended by
6-25 adding Section 2172.007 to read as follows:
6-26 Sec. 2172.007. CONTRACTS RELATED TO RECEIVING PAYMENT BY
6-27 CREDIT, DEBIT, OR CHARGE CARD OR ELECTRONIC FUNDS TRANSFER. (a)
7-1 The commission may contract with one or more credit, debit, or
7-2 charge card issuers or electronic funds transfer services for state
7-3 governmental entities that accept the use of credit, debit, or
7-4 charge cards or electronic funds transfer to receive payment of
7-5 taxes, regulatory fees, or fees or charges for goods or services
7-6 provided by a state governmental entity.
7-7 (b) A contract under this section may provide for displaying
7-8 an issuer's logo on a state governmental entity's Internet site,
7-9 electronic bulletin board, or analogous electronic presence.
7-10 (c) The commission may not enter into a contract under this
7-11 section that conflicts with the comptroller's rules under Section
7-12 403.023.
7-13 SECTION 5. This Act takes effect September 1, 1999.
7-14 SECTION 6. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended.