By Carter H.B. No. 1926
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Government Code 403.023 is amended to read as
1-6 follows:
1-7 Sec. 403.023. CREDIT AND DEBIT CARDS. (a) The comptroller
1-8 may adopt rules relating to the acceptance of credit and debit
1-9 cards for the payment of fees, taxes, and other charges assessed by
1-10 state agencies. The rules may:
1-11 (1) authorize a state agency to accept credit or debit
1-12 cards, or both types of cards, if the comptroller determines the
1-13 best interests of the state would be promoted;
1-14 (2) authorize or require a credit or debit card user
1-15 to pay a processing fee to the state agency that accepts the
1-16 [credit] card; and
1-17 (3) authorize a particular state agency to accept
1-18 credit or debit cards without providing the same authorization to
1-19 other state agencies.
1-20 (b) The comptroller may adopt rules relating to the use of
1-21 credit cards by state agencies to pay for purchases. The rules
2-1 may:
2-2 (1) authorize a state agency to use credit cards if
2-3 the comptroller determines the best interests of the state would be
2-4 promoted;
2-5 (2) authorize a state agency to use credit cards to
2-6 pay for purchases without providing the same authorization to other
2-7 state agencies;
2-8 (3) authorize a state agency to use credit cards to
2-9 pay for purchases that otherwise may be paid out of the agency's
2-10 petty cash accounts under Subchapter K; and
2-11 [(4) authorize the General Services Commission to
2-12 contract with one or more credit card issuers on behalf of state
2-13 agencies.]
2-14 (c) The comptroller may not adopt rules about a particular
2-15 state agency's acceptance of credit cards that would affect a
2-16 contract that the [state] agency has entered into that is in effect
2-17 on September 1, 1993. The comptroller may not adopt rules about a
2-18 particular state agency's acceptance of debit cards that would
2-19 affect a contract that the agency has entered into that is in
2-20 effect on September 1, 1999.
2-21 (d) The comptroller may not adopt rules about a particular
2-22 state agency's acceptance or use of credit or debit cards if
2-23 another law specifically authorizes, requires, prohibits, or
2-24 otherwise regulates the acceptance or use.
2-25 (e) In this section, "state agency" means:
3-1 (1) a board, commission, department, or other agency
3-2 in the executive branch of state government that is created by the
3-3 constitution or a statute of this state, including an institution
3-4 of higher education as defined by Section 61.003, Education Code,
3-5 other than a public junior college;
3-6 (2) the legislature or a legislative agency; or
3-7 (3) the supreme court, the court of criminal appeals,
3-8 a court of appeals, or a state judicial agency.
3-9 SECTION 2. Subchapter F, Chapter 2054, Government Code, is
3-10 amended by adding Section 2054.121 to read as follows:
3-11 Sec. 2054.121. ELECTRONIC COMMERCE WITH LICENSEES AND
3-12 MEMBERS OF PUBLIC. (a) This section applies to the use of
3-13 electronic commerce by a state agency to provide services to
3-14 members of the general public or to persons who are regulated by
3-15 the agency when providing the services involves the exchange of
3-16 information and may involve the receipt of payment. Examples of
3-17 services to which this section applies include:
3-18 (1) the routine renewal of a license or permit;
3-19 (2) the provision of copies of documents in an
3-20 electronic format;
3-21 (3) similar services provided by an agency that may be
3-22 accomplished electronically.
3-23 (b) Chapter 2177, which applies to the use of electronic
3-24 commerce by a state agency to acquire goods and services, is not
3-25 affected by this section. This section does not apply to a state
4-1 agency's use of the Internet or an electronic bulletin board:
4-2 (1) to receive electronic mail, except to the extent
4-3 that the receipt of electronic mail is part of an electronic
4-4 commerce transaction; or
4-5 (2) to post generally accessible information that may
4-6 be retrieved without charge.
4-7 (c) The department and the General Services Commission shall
4-8 cooperate to qualify for catalogue purchasing, under Subchapter B,
4-9 Chapter 2157, of automated information systems that are suitable
4-10 for conducting electronic commerce transactions between a state
4-11 agency and persons who are regulated by the agency or members of
4-12 the general public. Before qualifying an electronic commerce
4-13 system for the catalogue, the commission shall consult the
4-14 department. The department shall determine whether the system is
4-15 generally suitable for the intended task. The commission shall
4-16 determine whether the security features of the system are
4-17 sufficient to protect the integrity and privacy of exchanged
4-18 information, particularly any information exchanged as part of
4-19 making a payment.
4-20 (d) A state agency engaging in an electronic commerce
4-21 transaction subject to this section may accept payment by a debit
4-22 or credit card and may designate payment by electronic means as the
4-23 preferred method of payment. The state agency may waive any
4-24 transaction fee for use of electronic means and accept the amount
4-25 set by statute or rule for the good or service. The following
5-1 information, if collected by or for a state agency and if the
5-2 agency owns or has a right of access to the information, that
5-3 relates to a payment by debit or credit card under this section, is
5-4 confidential and is not public information under Chapter 552:
5-5 (1) the fact that a person used a debit or credit card
5-6 to make payment to a state agency under this section;
5-7 (2) information received by the agency regarding the
5-8 person's name, address, and card number; and
5-9 (3) information received by the agency that correlates
5-10 the person with the person's card or that correlates the use of the
5-11 person's card with a transaction under this section.
5-12 (e) The department's rules regarding digital signatures
5-13 apply to an electronic commerce transaction subject to this
5-14 section.
5-15 (f) A state agency is not required to provide services
5-16 through the use of electronic commerce to members of the general
5-17 public or to persons who are regulated by the agency, but if the
5-18 agency does so and if providing the services involves the exchange
5-19 of information and may involve the receipt of payment, the agency
5-20 shall comply with this section.
5-21 (h) A state agency that acquires an automated information
5-22 system for the purpose of engaging in electronic commerce that is
5-23 subject to this section shall:
5-24 (1) acquire a system that is approved for that purpose
5-25 by the department and the General Services Commission and acquire
6-1 the system by using the catalogue purchase method under Subchapter
6-2 B, Chapter 2157; or
6-3 (2) obtain a waiver of the requirements of Subdivision
6-4 (1) from the department after demonstrating to the department that
6-5 the agency will more effectively or efficiently engage in
6-6 electronic commerce by using another system.
6-7 SECTION 2. Govt. Code, Sec. 2155.385, Credit Cards. is
6-8 amended to read as follows:
6-9 (a) [If authorized by rule adopted by the comptroller under
6-10 Section 403.023, t] (T)he commission may contract with one or more
6-11 credit card issuers for state agencies to use credit cards to pay
6-12 for purchases (and to handle electronic payment to state agencies
6-13 of fees, taxes, and sales of goods or services produced by the
6-14 agency. Display of the issuers' logos on agency web sites or other
6-15 electronic presence may be part of the contract). The commission
6-16 may not enter into a contract that conflicts with the comptroller's
6-17 rules (under Section 403.023).
6-18 (b) This section does not apply to contracts regarding
6-19 travel services or the use of credit cards to pay for travel
6-20 services under Chapter 2171.
6-21 (c) In this section and notwithstanding Section 2151.002,
6-22 "state agency" has the meaning assigned by Section 403.023(e).
6-23 SECTION 3. This Act takes effect September 1, 1999.
6-24 SECTION 4. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
7-1 emergency and an imperative public necessity that the
7-2 constitutional rule requiring bills to be read on three several
7-3 days in each house be suspended, and this rule is hereby suspended.