SRC-SEW S.B. 187 77(R)BILL ANALYSIS Senate Research CenterS.B. 187 By: Shapleigh State Affairs 6/25/2001 Enrolled DIGEST AND PURPOSE The Electronic Government Task Force, authorized by the 76th Legislature, has successfully launched the TexasOnline Internet portal to provide a single point for citizens and businesses to access electronic government (e-government) services in Texas. Through TexasOnline, citizens can now renew their car registration and soon will be able to renew their driver's licenses. Also, Texas businesses have online access to filing and payment of sales tax, insurance agent license renewal, air conditioning and refrigeration contractors license renewal, and registration for certain events through the Texas Natural Resources Conservation Commission. TexasOnline has links to more than 200 forms and applications from 124 agencies, and many more government services are currently being developed for inclusion in TexasOnline. S.B.187 establishes a 15-member authority to provide vision, leadership, and operational oversight for the TexasOnline portal project and requires the authority to report to the legislature on the feasibility of allowing the sale and placement of advertising on TexasOnline. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the TexasOnline Authority in SECTION 3 (Section 2054.2606, Government Code) of this bill. Rulemaking authority is expressly granted to the governing board of the Department of Information Resources in SECTION 3 (Section 2054.262, Government Code) and the Department of Information Resources in SECTION 5 (Section 2054.111, Government Code) of this bill. Rulemaking authority is expressly granted to each licencing agency required under this Act to establish a profile system in SECTION 11 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2054.051, Government Code, by adding Subsection (f) to require the Department of Information Resources (department) to identify opportunities for state agencies to coordinate with each other in the adoption and implementation of information resources technology projects. SECTION 2. Amends Section 2054.096(a), Government Code, to require each agency strategic plan to be consistent with the state strategic plan and include certain information. SECTION 3. Amends Chapter 2054, Government Code, by adding Subchapter I, as follows: SUBCHAPTER I. TEXASONLINE AUTHORITY AND PROJECT Sec. 2054.251. DEFINITIONS. Defines "authority," "division," "licensing entity," "local government," "occupational license," and "project." Sec. 2054.252. TEXASONLINE PROJECT. Requires the TexasOnline Authority (authority) to implement a project designated as "TexasOnline" that establishes a common electronic infrastructure through which state agencies and local governments, including licensing entities, are authorized to electronically perform certain specific transactions with agencies and local governments, members of the public, and persons who are regulated by a state agency or local government. Authorizes the electronic infrastructure established by the authority to include the Internet, intranets, extranets, and wide area networks. Authorizes the authority to implement this section in phases. Requires each state agency or local government that chooses to participate in the project and each licensing entity to comply with the schedule established by the authority. Authorizes the authority to contract with a private vendor to implement this section. Requires the authority to charge fees to licensing entities in amounts sufficient to cover the cost of implementing this section with respect to licensing entities. Requires the authority to charge a subscription fee to be paid by each licensing entity. Authorizes the authority to exempt a licensing entity from subscription fees under this section under certain conditions. Requires each licensing entity to increase the occupational license renewal fees imposed by the licensing entity by an amount sufficient to cover the cost of the subscription fee imposed on the licensing entity under this section but not to exceed a certain amount. Sec. 2054.253. MEMBERSHIP. Provides that the authority consists of 15 members and sets forth guidelines concerning member requirements. Sec. 2054.254. TERMS. Provides that the members of the authority are appointed for staggered terms of six years with five members' terms expiring on February 1 of each oddnumbered year. Sec. 2054.255. PRESIDING OFFICER. Provides that the member of the authority representing the Department of Information Resources (department) is the presiding officer. Sec. 2054.256. MEETINGS. Requires the authority to meet at least quarterly. Sec. 2054.257. REIMBURSEMENT OF EXPENSES. Provides that a member of the authority is not entitled to compensation. Entitles a member of the authority to reimbursement for the member's travel expenses as provided by Chapter 660 and the General Appropriations Act. Sec. 2054.258. TRAINING FOR AUTHORITY MEMBERS. Requires an authority member to complete, not later than six months after the date on which the member is appointed, training on certain specific information. Sec. 2054.259. GENERAL POWERS AND DUTIES OF TEXASONLINE AUTHORITY. Requires the authority to perform certain stated functions. Sec. 2054.260. REPORTING REQUIREMENTS: AUTHORITY. (a) Requires the authority, not later than September 1 of each even-numbered year, to report on the status, progress, benefits, and efficiency gains of the project. Requires the authority to provide the report to certain specific entities. (b) Requires the authority to report to the Department of Information Resources (department) regarding financial matters, including project costs and revenues, as required by the department. (c) Requires the authority to report to the department any significant issues regarding the project's contract performance. Sec. 2054.2605. REPORTING REQUIREMENTS: LICENSING ENTITIES. Requires each licensing entity to report to the Legislative Budget Board on the licensing entity's progress in using the project in performing the functions described by Section 2054.252(a). Provides that this section applies only to certain licensing entities. Requires a report required by this section to be submitted every six months according to a reporting schedule established by the Legislative Budget Board. Sec. 2054.2606. REPORTING PROFILE INFORMATION. Requires certain licensing entities to establish a profile system consisting of the specific license holder information prescribed by this section. Provides that a licensing entity other than a licensing entity listed in this section is encouraged to establish a profile system consisting of the specific license holder information prescribed by this section. Requires a licensing entity that establishes a profile system under this section to determine the information to be included in the system and the manner for collecting and reporting the information. Requires the entity, at a minimum, to include certain information in the profile system. Requires the authority to prepare certain rules for adoption by the governing board of the Department of Information Resources (board). Requires the authority to prepare certain additional rules as necessary. Sec. 2054.261. ASSISTANCE AND COORDINATION WITH OTHER GOVERNMENTAL ENTITIES. Requires the authority to perform certain functions regarding assistance and coordination with other governmental entities. Sec. 2054.262. RULES. Requires the authority to prepare rules regarding operation of the project for consideration by the board. Authorizes the board to adopt rules prepared by the authority. Sec. 2054.263. SEAL. Requires the authority to adopt an icon, symbol, brand, or other identifying device to represent the project. Sec. 2054.264. TEXASONLINE DIVISION. Requires the department to create a division in the department designated "TexasOnline" to assist the authority in implementing its powers and duties under this subchapter. Sec. 2054.265. SEPARATION OF RESPONSIBILITIES. Requires the authority to develop and implement policies that clearly separate the policymaking responsibilities of the authority and the management responsibilities of the division. Sec. 2054.266. DONATIONS AND GRANTS. Authorizes the authority to request and accept a donation or grant from any person for use by the authority in implementing or managing the project. Sec. 2054.267. APPLICABILITY OF OTHER LAW. Provides that Section 2110 does not apply to the authority. SECTION 4. Amends Section 2054.062(f), Government Code, to provide that the task force is abolished and this section expires November, rather than September, 1, 2001. SECTION 5. Amends Chapter 2054F, Government Code, by adding Sections 2054.111 and 2054.112, as follows: Sec. 2054.111. USE OF TEXASONLINE PROJECT. (a) Defines " authority," "local government," and "project." (b) Requires a state agency to consider using the project for certain specific agency services provided on the Internet. (c) Requires a state agency to provide documentation to the authority, if a state agency chooses not to use the project under Subsection (b), that shows the services and security required by the agency. Requires the authority to prescribe the documentation required. (d) Requires a state agency that chooses to use the project under Subsection (b) to comply with rules adopted by the department, including any rules regarding the appearance of the agency's Internet site and the ease with which the site can be used, and the use of the commission seal. (e) Authorizes a state agency or local government that uses the project to charge a fee under certain conditions. (f) Prohibits a local government from charging a fee under Subsection (e) that is otherwise prohibited under Sections 195.006 and 195.007. Sec. 2054.112. SECURITY REVIEW FOR NEW INTERNET SITES. Requires each state agency to review its requirements for forms, data collection, and notarization when planning to deliver a service through the Internet, to determine if the information is necessary and, if necessary, the appropriate level of authentication. Requires the agency, based on this review, to perform certain functions. SECTION 6. Provides that the project created by Chapter 2054I, Government Code, as added by this Act, is a continuation and expansion of the demonstration project created by Section 2054.062, Government Code. SECTION 7. Provides that Section 2054.252(g), Government Code, as added by this Act, expires September 1, 2005. SECTION 8. (a) Requires the officers and other entities responsible for making appointments under Section 2054.253, Government Code, as added by this Act, to make their initial appointments not later than October 31, 2001. (b) Requires the governor to designate the initial terms of all appointees so that five members' terms expire on each of the following dates: February 1, 2003; February 1, 2005; and February 1, 2007. (c) Prohibits the authority from holding its first meeting before November 1, 2001. SECTION 9. Requires the authority to report on the feasibility of allowing the sale or placement of advertising on the project described by Section 2054.252, Government Code, as added by this Act, and to provide this report to certain stated persons. SECTION 10. (a) Requires the TexasOnline Authority, not later than April 1, 2002, to adopt a schedule for implementing Section 2054.252, Government Code, as added by this Act. Requires the schedule to permit the initial group of licensing entities to perform the functions described by Subsection (a), Section 2054.252, Government Code, as added by this Act, not later than September 1, 2002. (b) Requires the TexasOnline Authority, not later than January 1, 2003, to report to the presiding officer of each house of the legislature and to the presiding officers of the committees of each house of the legislature that have primary oversight jurisdiction over the authority or over a licensing entity subject to Subchapter I, Chapter 2054, Government Code, as added by this Act, on the authority's progress in implementing Section 2054.252, Government Code, as added by this Act. SECTION 11. (a) Requires each licensing entity required under this Act to establish a profile system to adopt rules under this Act not later than January 1, 2002. Requires the entity to make the initial profiles required under this Act available to the public not later than January 1, 2005. (b) Requires each licensing entity required under this Act to establish a profile system to collect the fee prescribed by the TexasOnline Authority under Section 2054.2606(d), Government Code, as added by this Act. Requires the authority to prescribe the amount of the fee not later than January 1, 2002. Requires a licensing entity required to collect the fee to begin collecting the fee as part of the entity's license renewal system on that date. SECTION 12. Effective date: upon passage or September 1, 2001.