SRC-JBJ C.S.H.B. 2589 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2589
By: Hochberg (Wentworth)
State Affairs
5/6/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

State agencies with budgets exceeding a certain amount are required to
maintain a generally accessible Internet site.  In addition to specified
information, such as budget, rules, and contracts, many sites also include
commonly requested information such as hearing announcements, program
descriptions, or publications.  Currently there is no requirement for a
state agency to post a notice stipulating the conditions of use for
information copied from a state agency Internet site.  C.S.H.B. 2589
requires the Department of Information Resources to create a terms of
service statement for state agency Internet sites and to establish and
administer a clearinghouse for information relating to all aspects of
protecting the security of state agency information.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2054C, Government Code, by adding Section
2054.063, as follows: 

Sec. 2054.063.  INFORMATION SECURITY.  Requires the Department of
Information Resources (department) to establish and administer a
clearinghouse for information relating to all aspects of protecting the
security of state agency information. 

SECTION 2.  Amends Section 2054.092, Government Code, to require the state
strategic plan to provide a strategic direction for information resources
management in state government for the five fiscal years following adoption
of the plan, including providing a best practices model to assist state
agencies in adopting effective information management methods and obtaining
effective information resources technologies. 

SECTION 3.  Amends Section 2054.121, Government Code, as added by Section
1, Chapter 1573, Acts of the 76th Legislature, Regular Session, 1999, is
amended to read as follows: 

Sec. 2054.121.  REQUIRED POSTING OF INFORMATION ON INTERNET.  (a) Requires
the Department of Information Resources (department) to adopt a policy that
meets certain criteria. 

(b)  Requires the department to post the policy on its Internet site.
Requires a state agency to prominently post a link to the policy statement
on a generally accessible Internet site maintained by or for the agency. 

  (c)  Requires the policy to include certain statements.

Redesignates existing text of Section 2054.121, Government Code, as Section
2054.121(d), Government Code. 
 
SECTION 4.  Amends Chapter 2054F, Government Code, by adding Section
2054.127, as follows: 

Sec. 2054.127.  INTERNET WEBSITE DEVELOPMENT: GRANTS AND ASSISTANCE.
Requires the department to encourage each state agency to seek available
grants and to work with public educational institutions and members of the
business and industry community for the purpose of Internet website
development and maintenance. 

SECTION 5.  Amends Chapter 552C, Government Code, by adding Section
552.136, as follows: 

Sec. 552.136.  CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.  (a)  Provides
that an e-mail address of a member of the public that is provided for the
purpose of communicating electronically with a governmental body is
confidential and not subject to disclosure under this chapter. 

(b)  Authorizes confidential information described by this section that
relates to a member of the public to be disclosed if the member of the
public affirmatively consents to its release.  
 
SECTION 6.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Inserts new SECTIONS 1 - 3 and renumbers previously proposed SECTIONS 1 - 3
as SECTIONS 4 - 6 with no changes.