SRC-SEW C.S.S.B. 1458 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1458
77R13040 MXM-DBy: Duncan
State Affairs
4/25/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, Texas is moving forward with electronic government
(e-government) in a decentralized fashion, with no one organization
responsible for ensuring that e-government advances effectively and
efficiently in an increasingly high-tech world.  Lack of coordination
between government entities concerning e-government has also resulted in
increased costs to taxpayers resulting from unnecessarily replicated costs
of developing and implementing systems, incompatible systems, poor
interoperability, and ineffective security.  C.S.S.B. 1458 creates a number
of new electronic services designed to benefit Texas citizens and
businesses and to improve the efficiency and effectiveness of state and
local government.  This bill establishes an Electronic Government Program
Management Office in the Department of Information Resources (DIR) to
guide, promote, and facilitate the implementation of select e-government
projects and to manage the ongoing development of the TexasOnline portal.
This bill also allows Telecommunication Infrastructure Fund dollars to be
used by local governments and school districts and establishes a
Legislative Oversight Committee for electronic government projects. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Information
Resources in ARTICLE 1, SECTION 1.01.  (Sections 2055.057, 2055.101,
2055.102, Sec. 2055.105, Government Code) and SECTION 1.06 of this bill. 

Rulemaking authority previously granted to the General Services Commission
is modified in ARTICLE 6, SECTION 6.01 (Section 2155.079, Government Code)
of this bill.   

Rulemaking authority is expressly granted to the General Services
Commission in ARTICLE 6, SECTION 6.02 of this bill.  

SECTION BY SECTION ANALYSIS

ARTICLE 1.  ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT OFFICE

SECTION 1.01.  CREATION OF OFFICE.  Amends Title 10B, Government Code, by
adding Chapter 2055, as follows: 

CHAPTER 2055.  ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 2055.001.  DEFINITIONS.  Defines "board," "department," "electronic
government project," "local government," "TexasOnline," "institution of
higher education," "office," and "state agency." 
  
Sec. 2055.002.  APPLICABILITY TO INSTITUTIONS OF HIGHER EDUCATION. Provides
that, except as provided by this section, the requirements of this chapter
regarding electronic government projects do not apply to institutions of
higher education.  Authorizes an  institution of higher education, subject
to approval by the Electronic Government Program Management Office (office)
of the Department of Information Resources (department), to elect to
participate regarding an electronic government project of that institution
in the same manner as a state agency under this chapter.  Sets forth
requirements and guidelines regarding whether the institution makes this
election and the office approves the election. 

[Sections 2055.003-2055.050 reserved for expansion]

SUBCHAPTER B.  PROGRAM MANAGEMENT OFFICE

Sec. 2055.051.  CREATION.  Requires the department to create an Electronic
Government Program Management Office (office) to direct and facilitate the
implementation of electronic government projects selected under this
chapter. 
 
Sec. 2055.052.  GENERAL POWERS AND DUTIES.  Requires the office to perform
certain functions.  

Sec. 2055.053.  LOCAL GOVERNMENT AND FEDERAL PROJECTS.  Authorizes the
office to coordinate certain electronic government projects. 
  
Sec. 2055.054.  COORDINATION AMONG STATE AGENCIES; APPROVAL OF SPENDING.
Requires the office, in coordination with the Legislative Budget Board and
the comptroller, to perform certain functions.  Requires the office to
create state agency coordination teams, as appropriate, to reduce
information technology expenditures and eliminate unnecessary duplication. 
 
Sec. 2055.055.  COOPERATION; STANDARDS. Requires a state agency to perform
certain functions.  Requires the department, in requesting cooperation from
a state agency under this section, to consider the necessity of the request
as well as the cost to the agency in time and resources.  Requires the
office to establish standards for state agencies to follow in implementing
selected electronic government projects to ensure maximum savings through
cooperation among agencies. 

Sec. 2055.056.  QUALITY ASSURANCE.  Requires the office, in coordination
with the state auditor, the Legislative Budget Board, and the affected
state agency, to provide quality assurance services to monitor electronic
government projects selected under Section 2055.101.  

Sec. 2055.057.  FUNDING FOR PROGRAM MANAGEMENT OFFICE.  Requires the
office, in coordination with certain entities, to develop a model for
funding the office from a portion of the money appropriated for projects
selected under Section 2055.101, including staff necessary for the office.
Requires the office to submit the model for approval by the governor and
adoption by the department as a rule.  Requires certain state agencies to
enter into an agreement with the department under Chapter 771 for certain
purposes. 

Sec. 2055.058.  TEXASONLINE.  Requires the division of the department with
responsibility for TexasOnline to coordinate the ongoing development of
TexasOnline with the office. Requires the office to promote the use of
TexasOnline by state agencies. 

Sec. 2055.059.  USE OF WEST TEXAS DISASTER RECOVERY AND OPERATIONS CENTER.
Defines "center." Requires the office to use the center for certain
purposes. Requires the office to serve as the state's primary contact with
the center regarding the consolidation of data operations and recovery.
Requires the office to encourage increased use of the center by state
agencies. 

[Reserves Sections 2055.060-2055.100 for expansion]
 
SUBCHAPTER C.  MANAGEMENT OF ELECTRONIC GOVERNMENT PROJECTS

Sec. 2055.101.  SELECTION OF ELECTRONIC GOVERNMENT PROJECTS.  Requires the
office, in coordination with certain entities, to develop selection
criteria for the type of electronic government projects that require direct
oversight by the office.  Requires the criteria to include certain factors.
Requires the office to submit the criteria developed under this section to
the department.  Requires the department to adopt the criteria by rule.
Requires the office, based on any selection criteria adopted under this
section and in coordination with certain entities, to select proposed or
existing electronic government projects. 

Sec. 2055.102.  APPEAL OF SELECTION. Sets forth guidelines regarding appeal
procedures for a state agency that disagrees with the selection of an
electronic government project under Section 2055.101.  Provides that the
governor's decision regarding selection is final.  Requires the department
by rule to adopt appeal procedures. 

Sec. 2055.103.  USE OF TEXASONLINE.  Requires the office, to the extent
possible, to use TexasOnline for electronic government projects that it
manages.  Requires the office to evaluate current and potential electronic
government projects to determine whether they are suitable for TexasOnline. 

Sec. 2055.104.  SPENDING ON SELECTED ELECTRONIC GOVERNMENT PROJECTS. (a)
Requires a state agency to receive the approval of the office before the
agency is authorized to spend or encumber money on an electronic government
project selected under Section 2055.101.  Authorizes the office, if the
agency spends money without the approval of the office, to recommend to the
governor that spending for the project be terminated under Section
2055.105. 

(b)  Authorizes a state agency, if it disagrees with the office's refusal
to approve spending under Subsection (a), to appeal to the governor.
Requires the office, if the governor agrees with the agency, to approve the
spending. 

(c)  Requires the office, in coordination with certain entites and subject
to the approval of the governor's office of budget and planning, to
establish procedures that include certain features for approval of spending
under Subsection (a).  

Sec. 2055.105.  AUTHORITY TO TERMINATE OR REINSTATE SPENDING ON ELECTRONIC
GOVERNMENT PROJECTS. (a) Requires the office, in coordination with certain
entities, to submit certain criteria to the department for terminating or
reinstating selected electronic government projects.  

  (b)  Requires the department to adopt the criteria by rule.

(c)  Authorizes the office to recommend to the governor that an electronic
government project selected under Section 2055.101 be terminated or
temporarily halted if the project fails to meet the criteria adopted under
Subsection (b). 

(d)  Authorizes the governor, on a recommendation from the office that an
electronic government project should be terminated or temporarily halted,
to direct the comptroller to deny the state agency access to the agency's
appropriations that relate to the development or implementation of the
electronic government project.  Provides that the denial of access
continues until certain conditions are met. 

Sec. 2055.106.  ENTERPRISE RESOURCE PLANNING; USE OF OFFICE REQUIRED.
Defines certain elements included under the term "enterprise resource
planning." Requires the office, in coordination with the Health and Human
Services Commission and the comptroller, to  establish certain standards.
Requires the standards to build on the models developed by the commission.
Requires a state agency that chooses to implement or modify an electronic
government project for an enterprise resource planning system to comply
with the standards developed by the office under this section. 

Sec. 2055.107.  ONLINE SERVICE FOR NEW BUSINESSES. Requires the office,
with assistance from the business permit office of the Texas Department of
Economic Development and any other affected state agencies, to develop and
implement a plan for the creation of an electronic government project to
provide new businesses in this state a single source for information and
permitting.  Sets forth requirements for the project.   
Requires certain state agencies involved in issuing permits to new
businesses to assist the office in the development and operation of the
project.  Requires state agencies to cooperate with the office to structure
their procedures to facilitate participation in the project. 

[Reserves Sections 2055.108-2055.150 for expansion]

SUBCHAPTER D.  LEGISLATIVE OVERSIGHT COMMITTEE

 Sec. 2055.151.  DEFINITION.  Defines "oversight committee." 

Sec. 2055.152.  CREATION.  Creates the Legislative Oversight Committee for
Electronic Government Projects to oversee the establishment of electronic
government projects by the office and state agencies. 

Sec. 2055.153.  MEMBERS.  Sets forth guidelines for the members appointed
to the oversight committee.   
  
Sec. 2055.154.  OFFICERS.  Requires the committee to annually select a
member to serve as presiding officer and requires the presiding officer to
appoint a vice presiding officer from the other house of the legislature. 

Sec. 2055.155.  GENERAL POWERS AND DUTIES.  Sets forth guidelines regarding
the general powers and duties of the oversight committee. 
  
Sec. 2055.156.  TEXASONLINE.  Requires the oversight committee to
recommend, to  the state agency with primary responsibility for
implementing TexasOnline, what constitutes the infrastructure of
TexasOnline. 

Sec. 2055.157.  RESPONSIBILITY FOR REPORTS; BUDGET.  Requires the oversight
committee to make recommendations to the legislature based on reports
prepared certain entities.  Authorizes the oversight committee to perform
certain functions.     
 
Sec. 2055.158.  PUBLIC HEARINGS.  Authorizes the oversight committee to
hold public hearings.  Authorizes the oversight committee to administer
oaths and issue subpoenas as necessary to compel the attendance of
witnesses or the production of documents. 

Sec. 2055.159.  ADVISORY COMMITTEES.  Authorizes the oversight committee to
appoint advisory committees for certain purposes and sets forth guidelines
for such appointments.  

Sec. 2055.160.  DEPARTMENT OF INFORMATION RESOURCES.  Requires the
department to consider any comments from the oversight committee before
adopting rules. 

Sec. 2055.161.  STAFF; USE BY LEGISLATURE.  Authorizes the oversight
committee to employ staff necessary to implement its duties.  Requires the
Legislative Budget Board and  Texas Legislative Council, on request of the
oversight committee, to provide staff to the oversight committee.
Authorizes any member of the legislature to use staff employed by the
oversight committee. 

Sec. 2055.162.  COOPERATION WITH OTHER STATE AGENCIES.  Requires a state
agency, on request by the oversight committee, to cooperate with and assist
the oversight committee. 

[Reserves Sections 2055.163-2055.200 for expansion]

SUBCHAPTER E.  ADDITIONAL PLANNING, OVERSIGHT, AND REPORTS

Sec. 2055.201.  ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT OFFICE ADVISORY
COMMITTEE. Requires the governing board of the department (board) to create
an Electronic Government Program Management Office Advisory Committee under
Section 2054.033 to provide ongoing direction for the operation of the
office.  Prohibits the board from appointing more than 15 members to the
committee.  Requires the committee to include certain members.  Requires
the committee to assist the office for certain purposes. Authorizes a
governmental member of the committee to be reimbursed for expenses only
from money available to the governmental entity the member represents. 

Sec. 2055.202.  STRATEGIC AND BIENNIAL OPERATING PLANS.  Requires the
office to review state agency plans prepared under Sections 2054.095 and
2054.100 for certain purposes. 

Sec. 2055.203.  REPORTS ON ELECTRONIC GOVERNMENT PROJECTS. Requires the
office, in coordination with the quality assurance team of the Legislative
Budget Board and the state auditor, to establish a  state agency reporting
system that requires state agencies to report to the office on certain
issues.  Requires the reports established under this section to include a
certain analysis.  
 
Sec. 2055.204.  ANNUAL REPORT TO LEGISLATIVE OVERSIGHT COMMITTEE. Requires
the office, not later than September 1 of each year, to report to the
Legislative Oversight Committee for Electronic Government Projects on the
status of the office and the electronic government projects managed by the
office, including certain stated  features. Requires the Legislative
Oversight Committee for Electronic Government Projects to review and
approve the report before appropriate information is authorized to be
included in the report proposed under Section 2054.055. 

SECTION 1.02.  REPORT ON ELECTRONIC GOVERNMENT PROJECTS.  Amends Section
2054.055(b), Government Code, to require the report to include certain
information.   

SECTION 1.03.  REPORT ON STRATEGIC AND BIENNIAL OPERATING PLANS.  Requires
the Electronic Government Program Management Office, not later than
November 1, 2001, to complete its recommendations on modifying instructions
based on the initial review conducted under Section 2055.202, Government
Code, as added by this article. 

SECTION 1.04.  APPOINTMENT OF LEGISLATIVE OVERSIGHT COMMITTEE.  Requires
the members of the Legislative Oversight Committee for Electronic
Government Projects created under Subchapter D, Chapter 2055, Government
Code, as added by this article, not later than November 15, 2001, to be
designated as provided under Section 2055.153, Government Code, as added by
this article. 

SECTION 1.05.  APPOINTMENT OF ELECTRONIC PROGRAM MANAGEMENT OFFICE ADVISORY
COMMITTEE.  Requires the governing board of the Department of Information
Resources, not later than January 15, 2002, to appoint the members of the
Electronic Government Program Management Office Advisory Committee, as
provided by Section 2055.201, Government Code, as added by this article. 
 
SECTION 1.06.  ADOPTION OF RULES.  Requires the Department of Information
Resources,  not later than May 31, 2002, to adopt the rules required by
Sections 2055.057, 2055.101, 2055.102, and 2055.105, Government Code, as
added by this article. 

SECTION 1.07.  PLAN.  Requires the Electronic Government Program Management
Office, not later than September 1, 2002, to complete the plan required
under Section 2055.107, Government Code, as added by this article.
Requires the plan to outline the recommendations and resources necessary to
further develop and implement the Internet services provided under that
section.  Requires the business permit office of the Texas Department of
Economic Development and any other affected state agencies to assist the
program management office in developing the plan. 

ARTICLE 2.  CREATION OF SEAT MANAGEMENT OFFICE;
STUDY ON SEAT MANAGEMENT

SECTION 2.01.  SEAT MANAGEMENT.  Amends Chapter 2054, Government Code, by
adding Subchapter K, as follows: 

SUBCHAPTER K.  SEAT MANAGEMENT
 
Sec. 2054.351.  DEFINITIONS.  Defines "office," "seat management," and
"state agency." 
  
Sec. 2054.352.  CREATION.  Requires the Department of Information Resources
(department) to create a seat management office (office) for certain
purposes. 

Sec. 2054.353.  CONSULTATION.  Requires a state agency to consult with the
office under certain conditions. 

Sec. 2054.354.  TOTAL COST OF OWNERSHIP STUDIES.  Sets forth guidelines
regarding a pilot study to determine the total cost of all personal
computers and related systems used by the agency, including both owned and
leased systems.  Requires an agency selected under this section to
cooperate with the department in conducting the study.  Requires the
department, including the office, on request to assist a state agency in
complying with this section.  Requires each selected state agency, not
later than May 1, 2002, to report on the results of its study to the
department. 

Sec. 2054.355.  STUDY AND RECOMMENDATIONS ON USE OF PRIVATE CONTRACTORS TO
IMPLEMENT SEAT MANAGEMENT. (a) Requires the office to analyze the results
of the studies under Section 2054.354 to assess the feasibility of
establishing a statewide seat management system at the time the assessment
is completed or at a later time. 

(b)  Requires the office, as part of the feasibility study, to analyze seat
management, through which a state agency transfers its personal computer
equipment and service responsibilities to a private vendor as described by
this subsection.  Sets forth guidelines for the hiring of a private vendor
for certain purposes.  Provides that, subject to the agency's needs and a
vendor contract, the vendor selected by the agency would satisfy the
agency's personal computer needs, certain stated needs.   
 
(c)  Requires the office to study different types of contracts that could
be used to implement seat management. 
 
(d)  Requires the office, not later than November 1, 2002, to report its
recommendations to certain entities.  Sets forth requirements for those
recommendations.   
  
Sec. 2054.356.  PERSONAL COMPUTER INVENTORY REPORTING BY STATE AGENCIES.
Requires each state agency, not later than September 1, 2002, and September
1, 2003, to provide the office with an inventory of all personal computers
used by that agency as of June 1, 2002, and June 1, 2003, respectively. 

 Sec. 2054.357.  EXPIRATION.  Provides that this subchapter expires
September 1, 2003. 

ARTICLE 3.  TEXASONLINE

SECTION 3.01.  AMENDMENT OF DEFINITIONS.  Amends Section 2054.003,
Government Code, as follows: 
 
Sec. 2054.003.  DEFINITIONS.  Defines "electronic government project,"
"Local government," "program management office," and "TexasOnline." 

SECTION 3.02.  USE OF TEXASONLINE.  Amends Chapter 2054F, Government Code,
by adding Section 2054.113, as follows: 

Sec. 2054.113.  DUPLICATION WITH TEXASONLINE; WAIVER.  Provides that this
section does not apply to a state agency that is a university system or
institution of higher education as defined by Section 61.003 (Definitions),
Education Code.  Authorizes a state agency to duplicate a need that is met
by TexasOnline if the state agency with primary responsibility to implement
TexasOnline grants a waiver under this section.  Requires the state agency
to grant the waiver to a state agency that desires not to use TexasOnline
if the agency meets certain recommendations.   
  
SECTION 3.03.  TEXASONLINE GRANT PROGRAM.  Amends Chapter 2054, Government
Code, by adding Subchapter J, as follows: 

SUBCHAPTER J.  TEXASONLINE GRANT PROGRAM

 Sec. 2054.301.  DEFINITION.  Defines "oversight committee." 

Sec. 2054.302.  CREATION.  Creates the TexasOnline grant program to enable
counties, municipalities, and school districts to provide electronic
government services through TexasOnline. 

Sec. 2054.303.  MANAGEMENT.  Requires the program management office to
perform certain functions. 
  
Sec. 2054.304.  INTERAGENCY OVERSIGHT COMMITTEE. Requires the Department of
Information Resources (department) to establish an interagency oversight
committee for certain purposes.  Requires the committee membership to
consist of certain representatives.  Requires the oversight committee to
work with representatives of certain organizations to disseminate
information on the TexasOnline grant program.  Authorizes reimbursement of
the expenses of a committee member to be paid only from money available to
the governmental entity that the member represents.  Provides that the
committee is not an advisory committee. 

Sec. 2054.305.  PREFERENCE FOR DISTRIBUTION OF GRANT MONEY.  Requires the
oversight committee, in determining the distribution of grant money under
this subchapter, to prefer  counties, municipalities, and school districts
located in a strategic investment area, as defined by Section 171.721
(Definitions), Tax Code. 

 Sec. 2054.306.  CONDITIONS.  Requires a grant recipient, as a condition of
receiving a grant under this subchapter, to agree to maintain online
services after the grant period terminates.  Requires the oversight
committee and the grant recipient to negotiate and agree on the conditions
of the grant, including the length of time required for maintenance of
online services after the grant period ends. 

Sec. 2054.307.  USE OF GRANT MONEY.  Authorizes grant money to be used only
for certain functions.  Prohibits grant money from being used to pay for
communications links to public or private telecommunication systems, such
as the state's public telecommunications network or for Internet service
provider costs. 

 Sec. 2054.308.  EXPIRATION.  Provides that this subchapter expires
September 1, 2003. 

SECTION 3.04.  ESTABLISHMENT OF INTERAGENCY OVERSIGHT COMMITTEE. Requires
the Department of Information Resources, not later than January 15, 2002,
to establish the interagency oversight committee, as provided by Section
2054.304, Government Code, as added by this article. 

ARTICLE 4.  PROCUREMENT

SECTION 4.01.  Amends Chapter 2177, Government Code, by adding Section
2177.0001, as follows:   

Sec. 2177.0001.  DEFINITIONS.  Defines "department," "electronic
procurement system," "institution of higher education," "local government,"
"state agency," and "TexasOnline." 
 
SECTION 4.02.  Amends Sections 2177.001(d) and (e), Government Code, as
follows: 

(d) Authorizes the General Services Commission (commission) to make state
procurement services (rather than information) available to local
governments and institutions of higher education (rather than political
subdivisions) through the electronic procurement market on a
fee-for-service basis.  Authorizes, rather than requires, the commission to
set the fees for transactions in an amount that recovers the state's costs
in providing access to a local government or institution of higher
education (rather than political subdivision.) 

  (e) Makes a conforming change.

SECTION 4.03.  Amends Section 2177.002, Government Code, by amending
Subsection (e) and adding Subsection (i), as follows:   

  (e) Makes conforming changes.

(i) Requires the commission and the Department of Information Resources
(department), under certain conditions, to enter into an agreement
regarding distribution of the fees charged for transactions on the network,
to recover the cost of TexasOnline. 

SECTION 4.04.  Amends Section 2177.003, Government Code, as follows:

Sec.  2177.003.  New heading:  PARTICIPATION BY STATE AGENCIES IN
ELECTRONIC PROCUREMENT SYSTEM. Requires each state agency to send to the
commission for posting on the electronic procurement system (rather than
commerce network) information on each procurement contract the commission,
in consultation with the department, determines is appropriate for
electronic procurement.  Deletes text regarding the value of a contract
which will exceed the amount of the agency's delegated purchasing authority
under  Section 2155.132.  Deletes text regarding a contract including
procurement related to a construction project.   
  
(b)  Requires the commission and each participating state agency, local
government, or institution of higher education to include in the
information placed on the electronic procurement system, including the
electronic commerce network, certain information for each procurement that
the commission will make or that another state agency will make under
Subsection (a) 
  
  (c)  Makes conforming changes. 

(d)  Requires each state agency that will award a contract that has been
placed on the electronic procurement system under Subsection (a) to place
notification of the awarding of the contract on the system (rather than the
electronic commerce network). 

SECTION 4.05.  Transfers Section 2155.083, Government Code, to Chapter
2177, Government Code, redesignates it as Section 2177.004, Government
Code, and amends it as follows: 

Sec.  2177.004.  Deletes reference to Subsection (n).  Deletes text
defining "department." Requires the commission, rather than the department,
each business day to produce and post a business daily in an electronic
format.  Makes conforming and nonsubstantive changes.  Deletes Subsection
(n).   
 
ARTICLE 5.  STUDY AND REPORT ON ELECTRONIC GRANTS SYSTEM
 
SECTION 5.01.  STUDY AND REPORT. (a) Defines "department" and "state
agency."  
 
(b)  Requires the Department of Information Resources (department) to study
the costs and benefits of establishing a statewide electronic grants
management system for certain purposes. 

(c)  Requires the study to identify each state agency that offers grants;
and the types of persons affected by the grants, including groups that
apply for the grants and the groups served by grant funds. 
 
  (d)  Requires the study to consider certain issues.
  
(e)  Authorizes the department to request from the Electronic Grants
Technical Assistance Workgroup certain information. 
 
(f)  Requires the department, not later than September 1, 2002, to report
on the findings of the study to certain persons. 
  
(g)  Authorizes the department, if the report recommends implementation of
a statewide electronic grants management system, to develop a plan and
begin implementation of a statewide electronic grants management system
based on the plan, the report's recommendations, and the findings of the
study. 

ARTICLE 6.  CONTRACT MANAGEMENT

SECTION 6.01.  USE OF LOCAL GOVERNMENT CONTRACTS.  Amends Section 2155.079,
Government Code, as follows: 
 
 Sec. 2155.079.   (a) Defines "local government." 
  
 (b)  Requires the General Services Commission (commission) to adopt rules
specifying the circumstances under which it is not advantageous for the
state to allow a state agency to purchase goods or services under a
contract made by another state agency other than the commission or a local
government. 

(c) Authorizes the agency purchasing under delegated authority, if
commission rules allow other agencies to make purchases under a contract
entered into by an agency using delegated purchasing authority, to offer
the goods or services available under the contract to other agencies or
local governments.  Deletes text regarding conditions under which those
goods or services may be offered. 

SECTION 6.02.  ADOPTION OF RULES.  Requires the General Services
Commission, not later than February 28, 2002, to adopt the rules required
by Section 2155.079, Government Code, as amended by this article. 

ARTICLE 7.  COLLABORATIVE COMMUNITY NETWORK

SECTION 7.01.  USE OF NETWORK.  Amends Section 2170.004, Government Code,
as follows: 

Sec. 2170.004.  Authorizes the commission to contract for use of the
consolidated telecommunications system with certain entities.   
  
SECTION 7.02.  MAINTENANCE.  Amends Section 2170.051, Government Code, by
adding Subsection (e), to authorize the commission to contract for
necessary support and maintenance of the consolidated telecommunications
system resulting from collaborative community network participation. 
 
SECTION 7.03.  COST SCHEDULE.  Amends Section 2170.057, Government Code, by
adding Subsection (e) to require the commission, in cooperation with the
telecommunications planning group, to develop a certain cost schedule.
Authorizes charges for services described by this subsection to be based on
costs to the system in addition to proportionate usage, including support
and maintenance costs associated with community computer network use. 
 
SECTION 7.04.  Amends Section 57.042, Utilities Code, by adding Subdivision
(12) to define "telecommunications planning group." 

SECTION 7.05.  FEDERAL GRANTS.  Amends Section 57.045, Utilities Code, by
adding Subsection (e) to require the board, in cooperation with the
governor and the telecommunications planning group, to attempt to acquire
and ensure the use of any grant funding available from the federal
government for certain purposes.   
  
SECTION 7.06.  USE OF MONEY.  Amends Section 57.046(b), Utilities Code, to
require the board to use money in the qualifying entities account for any
purpose authorized by this subchapter, including certain stated purposes. 

SECTION 7.07.  GRANT AND LOAN PROGRAM.  Amends Section 57.047, Utilities
Code, by amending Subsections (c)-(f) and adding Subsections (g) and (h),
as follows: 
 
(c)  Authorizes the board to award a grant or loan for a collaborative
community network to certain entities.  Sets forth guidelines for use of
the grant or loan.  Requires the board, as a condition of a grant or loan
under this subsection, to require the consortium to design for its network
a certain Internet site.  Requires the board to award grants and loans
under this subsection by a certain process.   

(d)  Requires the board, in awarding a grant or loan under this subchapter,
to give priority to a project or proposal that represents collaborative
efforts involving more than  one political subdivision, school, university,
or library. 
  
  (e) Makes a nonsubstantive change.

(f)  Requires the board to establish a goal of awarding collaborative
community network grants and loans under Subsection (c) of not less than $5
million each year and to set priorities for awarding additional grant
funding for collaborative community networking initiatives from available
money. 
 
  (g) Makes a nonsubstantive change.

  (h) Makes a nonsubstantive change. 
 
SECTION 7.08.  STUDY. Requires the Department of Information Resources to
conduct a study of the feasibility of creating regional technology centers
with membership composed of political subdivisions of each region of this
state to foster collaborative community networking by performing certain
functions.  Requires the study to include an evaluation of the utility of
coordinating efforts described by this section among regional technology
centers, community technology centers, and the proposed Texas Geography
Network, if the network is created.  Requires the Department of Information
Resources, not later than October 1, 2002, to report the results of the
study to certain persons.   

ARTICLE 8.  EMPLOYMENT

SECTION 8.01.  CREATION OF ONLINE EMPLOYMENT OPENINGS SYSTEM.  Amends
Chapter 656A, Government Code, by adding Sections 656.002 and 656.003, as
follows: 

Sec. 656.002.  ONLINE EMPLOYMENT OPENINGS SYSTEM. Defines "state agency."
Requires the Department of Information Resources to work with the Texas
Workforce Commission and other state agencies to create a system for
listing state agency employment openings on the Internet.  Requires the
characteristics of the system to include certain features to the extent
feasible. 
  
Sec. 656.003.  ACCESS TO EMPLOYMENT OPENINGS INFORMATION.  Requires the
Texas Workforce Commission to make computers available to the public at its
field offices to ensure access to information about employment openings. 

SECTION 8.02.  LISTING OF JOB NOTICES.  Amends Section 656.024, Government
Code, as follows: 
 
Sec. 656.024.  Deletes text regarding 10 working days.  Deletes text
regarding the commissioner being notified by the state agency having the
vacancy that the vacancy has been filled. 

ARTICLE 9.  ADDITIONAL REPORTING REQUIREMENTS

SECTION 9.01.  STUDY. Requires the Department of Information Resources, not
later than September 1, 2002, to study the instructions used for preparing
agency strategic plans under Section 2054.095, Government Code.  Requires
the study to perform certain functions.  Requires the department to adopt
revised instructions under Section 2054.095 (Preparation of Agency
Strategic Plan), Government Code, based on the results of the study. 
 
SECTION 9.02.  SPECIFICATIONS FOR ELECTRONIC DATA CLEARINGHOUSE; REPORT.
(a) Defines "department."  

 (b)  Requires the Department of Information Resources (department), in
coordination with certain entities, to develop certain specifications for a
statewide electronic data clearinghouse.  Requires the department to
develop options for funding the maintenance or expansion of the
clearinghouse, such as using resources from participating governmental
entities to recoup the costs.  Requires each option to address the
potential impact on participation by governmental entities.  Requires the
department, not later than January 1, 2003, to provide a report containing
the recommendations, specifications, and funding options developed under
this subsection to certain persons.   

(c)  Requires the department, not later than August 31, 2003, to develop
policies, procedures, data standards, training materials, and perform any
other duties necessary to prepare for the establishment of the
clearinghouse by August 31, 2004. 
 
SECTION 9.03.  REPORT ON REPORTING REQUIREMENTS FOR COUNTIES AND
MUNICIPALITIES. (a) Defines "department." 
 
(b)  Requires the Department of Information Resources (department) to
comprehensively examine all state reporting requirements for counties and
municipalities.  Sets forth guidelines regarding the goal of the
examination. 

(c)  Requires the examination to include an inventory of all reports that
counties and municipalities must produce in response to state requirements
and requires the inventory to also show the current status of electronic
reporting. 
 
(d)  Requires the Legislative Oversight Committee for Electronic Government
Projects, not later than January 15, 2002, to appoint a working group
composed of representatives of the comptroller's office, other state
agencies, and local governments. 
 
(e)  Requires the department, based on the examination made under
Subsection (c) of this section, and in coordination with the working group,
not later than January 1, 2003, to report on its recommendations for
streamlining and reducing reporting requirements on counties and
municipalities to certain persons. 
  
ARTICLE 10.  MISCELLANEOUS INFORMATION RESOURCES ISSUES

SECTION 10.01.  CHIEF INFORMATION OFFICER.  Amends Chapter 2054B,
Government Code, adding Section 2054.0285 and amending Section 2054.029, as
follows: 
 
Sec. 2054.0285.  EXECUTIVE DIRECTOR:  CHIEF INFORMATION OFFICER; POWERS AND
DUTIES.  Requires the governing board (board) of the Department of
Information Resources (department) to employ an executive director.
Provides that the executive director is the chief information officer for
this state.  Provides that the executive director has authority for all
aspects of information technology for state agencies, including certain
ones. 

Sec. 2054.029.  New heading:  STAFF; SEPARATION OF RESPONSIBILITIES.
Deletes reference to an executive director employed by the board.  
 
SECTION  10.02.  VENDOR INCENTIVES.  Amends Chapter 2054C, Government Code,
by adding Section 2054.058, as follows: 
 
Sec. 2054.058.  CONSIDERATION OF VENDOR INCENTIVES.  Requires the
department, when contracting with a vendor to perform a task related to an
electronic government project, to consider methods of payments, including
considering whether a percentage of money to be saved could be used to
provide an incentive to the vendor to  complete the project on time and
under budget. 
 
SECTION 10.03.  PUBLIC INFORMATION EXCEPTION.  Amends Chapter 552C,
Government Code, by adding Section 552.136, as follows: 
 
Sec. 552.136.  EXCEPTION:  GOVERNMENT INFORMATION RELATED TO SECURITY
ISSUES FOR COMPUTERS.  Provides that information is excepted from the
requirements of Section 552.021 if it is information that relates to
computer network security or to the design, operation, or defense of a
computer network.  Provides that certain information is confidential.   
 
ARTICLE 11.  COMPTROLLER PROVISIONS ON USE OF ADVANCED EQUIPMENT,
DATABASES, AND DELEGATION OF TASKS TO OUTSIDE PERSONNEL

SECTION 11.01.  ADVANCED DATABASE FOR AUDITS.  Amends Chapter 111A, Tax
Code, by adding Section 111.0034, as follows: 
 
Sec. 111.0034.  ADVANCED DATABASE SYSTEM FOR AUDITS. (a) Requires the
comptroller to develop an advanced electronic audit database system for use
by the comptroller's audit division.  Sets forth requirements for the
system. 

(b)  Authorizes the comptroller to contract with a vendor to develop or
implement the system. 

(c)  Requires the comptroller, if the comptroller contracts with a vendor
to develop or implement the system, to protect any confidential information
provided to the vendor. Provides that a person who receives confidential
information under this section and each employee or agent of that person is
subject to the same prohibitions against disclosure of the information, and
the same penalties and sanctions for improper disclosure, that apply to the
comptroller. 

SECTION 11.02.  ADVANCED DATABASE FOR TAX COLLECTIONS.  Amends the heading
for Section 111.0035, Tax Code, to read as follows: 
 
 Sec. 111.0035.  ADVANCED DATABASE SYSTEM FOR TAX COLLECTIONS.
 
SECTION 11.03.  OUTSIDE PERSONNEL.  Amends Chapter 111A, Tax Code, by
adding Section 111.0045, as follows: 
 
Sec. 111.0045.  USE OF OUTSIDE PERSONNEL; DELEGATION OF POWERS. Authorizes
the comptroller, as necessary to enhance productivity, to employ or
contract for the services of certain persons for certain purposes.
Authorizes the comptroller to delegate to persons employed or contracted
under this section the power to perform duties as required. 
 
SECTION 11.04.  ADVANCED EQUIPMENT.  Amend Chapter 111, Tax Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  ADVANCED TECHNOLOGY EQUIPMENT

Sec. 111.351.  WIRELESS EQUIPMENT FOR AUDITORS.  Requires the comptroller
to acquire wireless communication equipment for use by its auditors,
including wireless modems for laptop computers for high-speed, wireless
access to comptroller systems. 
 
Sec. 111.352.  COMPUTER AND WIRELESS EQUIPMENT FOR ENFORCEMENT STAFF.
Requires the comptroller to acquire portable computers with remote or
wireless  communications equipment for use by its enforcement staff.
Requires the portable computers acquired under this section to meet certain
requirements.  Requires the equipment to enable enforcement staff to
perform certain functions.  
  
Sec. 111.353.  ADVANCED SCANNERS FOR FIELD OFFICES.  Requires the
comptroller to acquire advanced scanners for its field offices.  Requires
the scanners to enable enforcement officers to scan enforcement data
directly into comptroller databases without requiring later manual entry. 

ARTICLE 12.  EFFECTIVE DATE

SECTION 12.01.  EFFECTIVE DATE.  Effective date: upon passage or September
1, 2001.    
SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 1458 as follows:

Omits original SECTIONS 1 - 31.

Adds new ARTICLES 1 - 12.