1-1                                   AN ACT
 1-2     relating to the required posting of information on a state agency's
 1-3     Internet site and to the security, confidentiality, and management
 1-4     of certain information.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter C, Chapter 2054, Government Code, is
 1-7     amended by adding Section 2054.063 to read as follows:
 1-8           Sec. 2054.063.  INFORMATION SECURITY. The department shall
 1-9     establish and administer a clearinghouse for information relating
1-10     to all aspects of protecting the security of state agency
1-11     information.
1-12           SECTION 2. Section 2054.092, Government Code, is amended to
1-13     read as follows:
1-14           Sec. 2054.092.  CONTENT OF STATE STRATEGIC PLAN. The state
1-15     strategic plan must:
1-16                 (1)  provide a strategic direction for information
1-17     resources management in state government for the five fiscal years
1-18     following adoption of the plan, including providing a best
1-19     practices model to assist state agencies in adopting effective
1-20     information management methods and obtaining effective information
1-21     resources technologies;
1-22                 (2)  provide guidance to state agencies in the
1-23     development of the agency strategic plans;
1-24                 (3)  establish goals and objectives relating to
 2-1     information resources management;
 2-2                 (4)  provide long-range policy guidelines for
 2-3     information resources in state government, including the
 2-4     implementation of national and international standards for
 2-5     information resources technologies;
 2-6                 (5)  identify major issues relating to improved
 2-7     information resources management, including the identification of
 2-8     needed procurement policy initiatives to encourage competition
 2-9     between providers of information resources technologies; and
2-10                 (6)  identify priorities for the implementation of
2-11     information resources technologies according to the relative
2-12     economic and social impact on the state.
2-13           SECTION 3. Section 2054.121, Government Code, as added by
2-14     Section 1, Chapter 1573, Acts of the 76th Legislature, Regular
2-15     Session, 1999, is amended to read as follows:
2-16           Sec. 2054.121.  REQUIRED POSTING OF INFORMATION ON INTERNET.
2-17     (a) The department shall adopt a policy that:
2-18                 (1)  prescribes terms under which a person may use,
2-19     copy information from, or link to a generally accessible Internet
2-20     site maintained by or for a state agency; and
2-21                 (2)  protects the personal information of members of
2-22     the public who access information from or through a generally
2-23     accessible Internet site maintained by or for a state agency.
2-24           (b)  The department shall post the policy on its Internet
2-25     site.  A state agency shall prominently post a link to the policy
2-26     statement on a generally accessible Internet site maintained by or
2-27     for the agency.
 3-1           (c)  The policy shall include a statement:
 3-2                 (1)  generally allowing the use and reproduction of
 3-3     information on a state agency's Internet site without the state
 3-4     agency's permission, subject to specified conditions;
 3-5                 (2)  generally allowing linking from a web page to a
 3-6     page on a state agency's Internet site without the state agency's
 3-7     permission, subject to specified conditions;
 3-8                 (3)  prohibiting a state agency from charging a fee to
 3-9     access, use, reproduce information on, or link to its Internet site
3-10     except to the extent the state agency is specifically authorized to
3-11     do so by the legislature;
3-12                 (4)  requiring that the state agency's Internet site be
3-13     credited as the source of information reproduced from the site and
3-14     requiring that the date that the material was reproduced from the
3-15     site be clearly stated;
3-16                 (5)  prohibiting a state agency from selling or
3-17     releasing an e-mail address of a member of the public unless the
3-18     member of the public affirmatively consents to the sale or release
3-19     of the e-mail address; and
3-20                 (6)  specifying other policies necessary to protect
3-21     from public disclosure personal information submitted by a member
3-22     of the public to a state agency's Internet site to the extent the
3-23     information is:
3-24                       (A)  confidential;
3-25                       (B)  excepted from the requirements of Section
3-26     552.021; or
3-27                       (C)  protected by other law intended to protect a
 4-1     person's privacy interests.
 4-2           (d)  Each state agency, other than an institution of higher
 4-3     education, that receives an aggregate amount of appropriations in
 4-4     the General Appropriations Act for a state fiscal biennium that
 4-5     exceeds $175 million shall post the following information during
 4-6     the biennium on a generally accessible Internet site maintained by
 4-7     or for the agency:
 4-8                 (1)  an analysis of all agency expenditures during the
 4-9     two preceding state fiscal years that lists each county in the
4-10     state and states for each county the amount of agency expenditures
4-11     made in or for the benefit of the county;
4-12                 (2)  if the information required to substantially
4-13     comply with Subdivision (1) is not available, an analysis that
4-14     approximates compliance with Subdivision (1) to the greatest
4-15     possible extent by listing agency expenditures according to
4-16     geographic regions of the state, to the extent possible, and by
4-17     each field office of the agency;
4-18                 (3)  a profile of the governing officer or of each
4-19     member of the governing body of the agency that includes, among
4-20     other information, the office address of the officer or member;
4-21                 (4)  a listing and description of all contracts with
4-22     vendors that have a value exceeding $100,000 that the agency has
4-23     entered into and that are currently being performed or for which
4-24     performance has not yet begun;
4-25                 (5)  a brief description of the agency's duties; and
4-26                 (6)  an electronic link to the agency's rules as
4-27     published in the electronic version of the Texas Administrative
 5-1     Code and an electronic link to any written procedure of the agency
 5-2     relating to agency hearings that is not contained in the electronic
 5-3     version of the Texas Administrative Code.
 5-4           SECTION 4. Subchapter F, Chapter 2054, Government Code, is
 5-5     amended by adding Section 2054.127 to read as follows:
 5-6           Sec. 2054.127.  INTERNET WEBSITE DEVELOPMENT:  GRANTS AND
 5-7     ASSISTANCE. The department shall encourage each state agency to
 5-8     seek available grants and to work with public educational
 5-9     institutions and members of the business and industry community for
5-10     the purpose of Internet website development and maintenance.
5-11           SECTION 5. Subchapter C, Chapter 552, Government Code, is
5-12     amended by adding Section 552.136 to read as follows:
5-13           Sec. 552.136.  CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.
5-14     (a) An e-mail address of a member of the public that is provided
5-15     for the purpose of communicating electronically with a governmental
5-16     body is confidential and not subject to disclosure under this
5-17     chapter.
5-18           (b)  Confidential information described by this section that
5-19     relates to a member of the public may be disclosed if the member of
5-20     the public affirmatively consents to its release.
5-21           SECTION 6. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2589 was passed by the House on April
         20, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2589 on May 22, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2589 was passed by the Senate, with
         amendments, on May 15, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor