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