SRC-SEW, JBJ S.B. 187 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 187
77R1907 MXM-FBy: Shapleigh
State Affairs
2/28/2001
As Filed


DIGEST AND PURPOSE 

The Electronic Government Task Force, authorized by the 76th Legislature,
has successfully launched the Texas Online Internet portal to provide a
single point for citizens and businesses to access electronic government
(e-government) services in Texas.  Through Texas Online, citizens can now
renew their car registration and soon will be able to renew their driver's
licenses.  Also, Texas business 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.  Texas
Online has links to more than 200 forms and applications from 124 agencies,
and many more government services are currently being developed for
inclusion in Texas Online.  As proposed, S.B. 187 establishes a 15-member
commission to provide vision, leadership, and operational oversight for the
Texas Online portal project and requires the commission to report to the
legislature on the feasibility of allowing the sale and placement of
advertising on Texas Online. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the governing board of the
Department of Information Resources in SECTION 1(Section 2054.263,
Government Code) of this bill. 

Rulemaking authority is expressly granted to the Department of Information
Resources in SECTION 3 (Section 2054.111, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2054, Government Code, by adding Subchapter I, as
follows: 

SUBCHAPTER I.  TEXAS ONLINE COMMISSION AND PROJECT

Sec. 2054.251. DEFINITIONS.  Defines "commission," "division," "local
government," and "project." 

Sec. 2054.252. TEXAS ONLINE PROJECT.  Requires the Texas Online Commission
(commission) to implement a Texas Online Project (project) that establishes
a common electronic system using the Internet through which state agencies
and local governments can electronically perform certain specific
transactions with members of the public and persons who are regulated by a
state agency or local government. 

Sec. 2054.253.  CREATION OF TEXAS ONLINE COMMISSION.  Provides that the
commission is a state agency. 

Sec. 2054.254.  MEMBERSHIP.  Provides that the commission consists of 15
members, as follows: 

    _a representative of each of the following state officers or agencies
appointed by the  state officer of the governing body of the agency:  the
comptroller; the state auditor; and the Department of Information Resources
(department); 

    _three representatives of local governments appointed by the governor;

    _three representatives of business that are regulated by a state agency
or local government, appointed by the governor; 

    _three representatives of state agencies, including an institution of
higher education other than a junior college district, appointed by the
governor; and 

    _three public members appointed by the governor.

Sec. 2054.255. TERMS.  Provides that the members of the commission are
appointed for staggered terms of six years with five members' terms
expiring on February 1 of each oddnumbered year. 

Sec. 2054.256.  PRESIDING OFFICER.  Provides that the member of the
commission representing the department is the presiding officer. 

 Sec. 2054.257.  MEETINGS.  Requires the commission to meet at least
quarterly. 

Sec. 2054.258.  REIMBURSEMENT OF EXPENSES.  Provides that a member of the
commission is not entitled to compensation.  Entitles a member of the
commission to reimbursement for the member's travel expenses as provided by
Chapter 660 and the General Appropriations Act. 

Sec. 2054.259.  TRAINING FOR COMMISSION MEMBERS.  Requires a commission
member to complete, not later than six months after the date on which a
commission member is appointed, training on certain specific information. 

Sec. 2054.260.  GENERAL POWERS AND DUTIES OF TEXAS ONLINE COMMISSION.
Requires the commission to: 

    _develop policies related to operation of the project;

    _consider application to use the project;

    _operate and promote the project;

    _manage contract performance for the project;

    _comply with department financial requirements;

    _oversee money generated for the operation and expansion of the project;

    _develop project pricing policies;

       _evaluate participation in the project to determine if performance
efficiencies or other benefits and opportunities are gained through project
implementation; 

    _advise the department about the project; and 

      _coordinate with the department to receive periodic security audits
of the operational facilities of the project. 
 
Sec. 2054.261.  REPORTING REQUIREMENTS.  (a)  Requires the commission, 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
commission to provide the report to certain specific entities. 

(b)  Requires the commission to report to the department regarding
financial matters, including project costs and revenues, as required by the
department. 

(c)  Requires the commission to report to the department significant issues
regarding the project's contract performance. 

Sec. 2054.262.  ASSISTANCE AND COORDINATION WITH OTHER GOVERNMENTAL
ENTITIES.  Requires the commission to: 

      _assist state agencies and local governments in researching and
identifying potential funding sources for the project; 

    _assist state agencies and local governments in using the project;

        _assist the legislature and other state leadership in coordinating
electronic government initiatives; and 

    _coordinate operations between state agencies and local governments to
achieve integrated planning for the project. 

Sec. 2054.263.  RULES.  (a)  Requires the commission to prepare rules
regarding operation of the project for consideration by the governing board
of the department (board).   

  (b)  Authorizes the board to adopt rules prepared by the commission.

Sec. 2054.264.  SEAL.  Requires the commission to adopt an icon, symbol,
brand, or other identifying device to represent the project. 

Sec. 2054.265.  TEXAS ONLINE DIVISION.  Requires the department to create a
division in the department to assist the commission in implementing its
powers and duties under this subchapter, including providing personnel to
the commission. 

Sec. 2054.266.  SEPARATION OF RESPONSIBILITIES.  Requires the commission to
develop and implement policies that clearly separate the policymaking
responsibilities of the commission and the management responsibilities of
the division. 

Sec. 2054.267.  GIFTS.  Authorizes the commission to request and accept a
gift, donation, or grant from any person. 

Sec. 2054.268.  APPLICABILITY OF OTHER LAW.  Provides that Section 2110
does not apply to the commission. 

SECTION 2.  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 3.  Amends Chapter 2054F, Government Code, by adding Sections
2054.111 and 2054.112, as follows: 

Sec. 2054.111.  USE OF TEXAS ONLINE PROJECT.  (a)  Defines "commission,"
"local  government," and "project."   

(b)  Requires a state agency to consider using the project for certain
specific agency services provided on the Internet that require security. 

(c)  Requires a state agency to provide proof to the commission, if a state
agency chooses not to use the project under Subsection (a), that the
services used by the agency are at least equivalent to, and at equal or
lower costs than, those services that the project could provide.  Requires
the commission to prescribe the documentation required.  

(d)  Requires a state agency that chooses to use the project under
Subsection (a) 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 to recover the actual costs reasonably incurred by the agency
or local government because of the project. 

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 the appropriate level of authentication. 

SECTION 4.  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 5.  (a)  Requires the officers and other entities responsible for
making appointments under Section 2054.254, 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 commission from holding its first meeting before
November 1, 2001. 

SECTION 6.  Effective date:  upon passage or September 1, 2001.