By Maxey                                              H.B. No. 2283
         76R3487 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of a common information center for
 1-3     state government through which public inquiries can be transferred
 1-4     to the appropriate state governmental entity and frequently
 1-5     requested information can be forwarded.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Chapter 2170, Government Code, is amended by
 1-8     adding Subchapter C to read as follows:
 1-9               SUBCHAPTER C.  ACCESS TEXAS INFORMATION CENTER
1-10           Sec. 2170.101.  INFORMATION CENTER.  (a)  The commission
1-11     shall staff and operate an information center for state government.
1-12     The information center is in addition to and does not supplant
1-13     information centers operated by other state governmental entities.
1-14           (b)  The center shall establish and the commission shall
1-15     widely publicize a toll-free telephone number to receive public
1-16     inquiries.
1-17           (c)  The center shall remain continuously open to accept
1-18     telephone calls and shall:
1-19                 (1)  transfer callers as necessary to the appropriate
1-20     state governmental entity;
1-21                 (2)  answer frequently asked questions about state
1-22     government and state government services and activities; and
1-23                 (3)  send commonly requested information by facsimile
1-24     transmission or electronic mail to persons requesting the
 2-1     information.
 2-2           (d)  The commission shall establish, maintain, and keep
 2-3     current an electronic database. The commission shall train
 2-4     employees of the center to use the electronic database in
 2-5     performing their duties. The database must contain:
 2-6                 (1)  the local and the toll-free telephone numbers of
 2-7     each state governmental entity, indexed by:
 2-8                       (A)  the names of the state governmental
 2-9     entities; and
2-10                       (B)  subject matter, according to the types of
2-11     services provided by the state and according to other types of
2-12     state government activities;
2-13                 (2)  the business telephone number of each state
2-14     officer and employee; and
2-15                 (3)  information related to frequently asked questions
2-16     about the services provided by and other activities of state
2-17     government.
2-18           (e)  The commission shall establish and maintain a generally
2-19     accessible Internet site through which members of the public may,
2-20     to the extent practical, access information in the center's
2-21     electronic database.
2-22           (f)  The commission may recover the costs of developing and
2-23     operating the center through interagency contracts.  The commission
2-24     may, after August 31, 2001, recover the costs of operating the
2-25     center by charging state governmental entities a fee based on the
2-26     amount of services the center provides to the public on behalf of
2-27     an entity, if the commission does not receive a direct
 3-1     appropriation to operate the center.
 3-2           Sec. 2170.102.  INDEPENDENT POLICY BOARD; COMPOSITION,
 3-3     POWERS, AND DUTIES.  (a)  The commission administers the center and
 3-4     employs the staff of the center. Policy for the center is
 3-5     established by an independent Access Texas policy board.
 3-6           (b)  The board is composed of nine voting members. Three
 3-7     members are appointed by the governor, one of whom must have
 3-8     expertise regarding information centers, one of whom must have
 3-9     expertise in telecommunications, and one of whom must represent the
3-10     general public.   None of the governor's appointees may be employed
3-11     by government. Six members are voting ex officio members. The
3-12     voting ex officio members are the governing officer or the
3-13     presiding officer of the governing body of the following state
3-14     offices and agencies, or a designee of the governing officer or
3-15     presiding officer who must be an employee of the represented office
3-16     or agency:
3-17                 (1)  the commission;
3-18                 (2)  the comptroller's office;
3-19                 (3)  the Department of Information Resources;
3-20                 (4)  the Health and Human Services Commission;
3-21                 (5)  the Texas Parks and Wildlife Department; and
3-22                 (6)  the Texas Workforce Commission.
3-23           (c)  The members of the board appointed by the governor serve
3-24     staggered six-year terms with the term of one member expiring
3-25     February 1 of each odd-numbered year. The governor may appoint
3-26     additional nonvoting advisory members to the board to serve at the
3-27     will of the governor if the governor considers that the nonvoting
 4-1     advisory members possess expertise or represent a viewpoint that
 4-2     will benefit the board.
 4-3           (d)  The board may accept gifts and grants for purposes
 4-4     related to the development or operation of the center.
 4-5           (e)  The board by rule shall establish policy for the
 4-6     development and operation of the information center, of the
 4-7     electronic database, and of the Internet site. The commission shall
 4-8     provide the board with access to all information relating to the
 4-9     development and operation of the information center, electronic
4-10     database, and Internet site.
4-11           (f)  The board shall establish standards for evaluating the
4-12     development and operation of the information center, electronic
4-13     database, and Internet site based on standards for similar
4-14     activities in the private sector.
4-15           Sec. 2170.103.  BOARD PROCEDURES AND OPERATIONS.  (a)  The
4-16     governor shall appoint the presiding officer of the board from
4-17     among the voting members who are appointed by the governor.
4-18           (b)  The board shall meet at the call of the presiding
4-19     officer or as provided by procedural rules adopted by the board.
4-20           (c)  The board is subject to the open meetings law, Chapter
4-21     551, the open records law, Chapter 552, and the administrative
4-22     procedure law, Chapter 2001.  The executive director and staff of
4-23     the commission under the direction of the board shall perform the
4-24     ministerial duties required for compliance with those laws.  The
4-25     board is not an advisory committee.
4-26           (d)  Ex officio members of the board receive no additional
4-27     compensation for service on the board, and service on the board is
 5-1     considered a duty of their underlying state office or employment
 5-2     for purposes that include receiving reimbursement for expenses
 5-3     related to service on the board. Voting and nonvoting members of
 5-4     the board appointed by the governor are not entitled to
 5-5     compensation for service on the board but are entitled to
 5-6     reimbursement for actual and necessary expenses incurred in the
 5-7     performance of duties as a member of the board, subject to any
 5-8     applicable limitation on reimbursement prescribed by the General
 5-9     Appropriations Act. The board may receive an appropriation for its
5-10     expenses, including for the reimbursement of the actual and
5-11     necessary expenses of the members appointed by the governor.
5-12           (e)  A state office or agency that is represented on the
5-13     board may allow its employees to assist the commission in the
5-14     administration and operation of the center and to assist the board
5-15     in the performance of the board's duties.
5-16           Sec. 2170.104.  COORDINATION WITH OTHER STATE AGENCIES.  (a)
5-17     The commission shall ensure that other state agencies have access
5-18     to the electronic database.
5-19           (b)  The center and other state agencies shall enter into
5-20     agreements as appropriate so that, to the extent practical:
5-21                 (1)  personnel at other state agency information
5-22     centers may, during reasonable interludes, assist the Access Texas
5-23     center by receiving and processing telephone calls to the Access
5-24     Texas center;
5-25                 (2)  personnel at the Access Texas center may assist
5-26     other state agency information centers during reasonable interludes
5-27     by receiving and processing telephone calls to the other centers;
 6-1     and
 6-2                 (3)  the telecommunications systems of and the
 6-3     electronically accessible information available to the various
 6-4     information centers are linked in a manner that will facilitate the
 6-5     mutual assistance described by this section.
 6-6           SECTION 2.  The General Services Commission may not, for the
 6-7     state fiscal biennium ending August 31, 2001, receive a direct
 6-8     appropriation for the development and operation of the Access Texas
 6-9     information center that the commission is required to establish
6-10     under Subchapter C, Chapter 2170, Government Code, as added by this
6-11     Act. During that state fiscal biennium, each of the 25 largest
6-12     state agencies, as determined by the amount of appropriations to
6-13     the agencies for the biennium under the General Appropriations Act,
6-14     that are in the executive branch of state government and that are
6-15     not agencies or institutions of higher education, shall enter into
6-16     interagency contracts with the General Services Commission under
6-17     which those agencies will pay the commission for the development
6-18     and operation of the Access Texas information center during the
6-19     biennium. Each of those agencies shall pay the percentage of the
6-20     costs of developing and operating the center during the biennium
6-21     that is equal to the percentage obtained by dividing the agency's
6-22     appropriation for the biennium by the sum of the 25 agencies'
6-23     appropriations for the biennium.
6-24           SECTION 3.  (a)  As soon as possible after the effective date
6-25     of this Act, the governor shall appoint three voting members to the
6-26     independent policy board of the Access Texas information center in
6-27     accordance with Subchapter C, Chapter 2170, Government Code, as
 7-1     added by this Act. The governor shall appoint one member for a term
 7-2     expiring February 1, 2001, one for a term expiring February 1,
 7-3     2003, and one for a term expiring February 1, 2005.
 7-4           (b)  The independent policy board of the Access Texas
 7-5     information center shall hold its first meeting in September of
 7-6     1999. The executive director of the General Services Commission, in
 7-7     consultation with the presiding officer of the policy board, may
 7-8     perform all ministerial duties on behalf of the board that are
 7-9     necessary under state law for the board to hold its first meeting.
7-10           (c)  The electronic database and the Internet site required
7-11     under Subchapter C, Chapter 2170, Government Code, as added by this
7-12     Act, shall be operational not later than January of 2000.
7-13     Equipment and software necessary for the operation of the Access
7-14     Texas information center shall be installed and operational not
7-15     later than September of 2000, and the center shall begin operations
7-16     not later than that month. The center's toll-free telephone number
7-17     shall be listed with all telephone exchanges and in the directories
7-18     of all local telephone companies in this state not later than
7-19     January 1, 2001.
7-20           (d)  The center shall begin operations with 33 full-time
7-21     employees.
7-22           SECTION 4.  The importance of this legislation and the
7-23     crowded condition of the calendars in both houses create an
7-24     emergency and an imperative public necessity that the
7-25     constitutional rule requiring bills to be read on three several
7-26     days in each house be suspended, and this rule is hereby suspended,
7-27     and that this Act take effect and be in force from and after its
 8-1     passage, and it is so enacted.