77R11195 MTB-D                           
         By Hochberg                                           H.B. No. 2589
         Substitute the following for H.B. No. 2589:
         By Wolens                                         C.S.H.B. No. 2589
                                A BILL TO BE ENTITLED
 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 confidentiality of certain information.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 2054.121, Government Code, as added by
 1-6     Section 1, Chapter 1573, Acts of the 76th Legislature, Regular
 1-7     Session, 1999, is amended to read as follows:
 1-8           Sec. 2054.121.  REQUIRED POSTING OF INFORMATION ON INTERNET.
 1-9     (a) The department shall adopt a policy that:
1-10                 (1)  prescribes terms under which a person may use,
1-11     copy information from, or link to a generally accessible Internet
1-12     site maintained by or for a state agency; and
1-13                 (2)  protects the personal information of members of
1-14     the public who access information from or through a generally
1-15     accessible Internet site maintained by or for a state agency.
1-16           (b)  The department shall post the policy on its Internet
1-17     site.  A state agency shall prominently post a link to the policy
1-18     statement on a generally accessible Internet site maintained by or
1-19     for the agency.
1-20           (c)  The policy shall include a statement:
1-21                 (1)  generally allowing the use and reproduction of
1-22     information on a state agency's Internet site without the state
1-23     agency's permission, subject to specified conditions;
1-24                 (2)  generally allowing linking from a web page to a
 2-1     page on a state agency's Internet site without the state agency's
 2-2     permission, subject to specified conditions;
 2-3                 (3)  prohibiting a state agency from charging a fee to
 2-4     access, use, reproduce information on, or link to its Internet site
 2-5     except to the extent the state agency is specifically authorized to
 2-6     do so by the legislature;
 2-7                 (4)  requiring that the state agency's Internet site be
 2-8     credited as the source of information reproduced from the site and
 2-9     requiring that the date that the material was reproduced from the
2-10     site be clearly stated;
2-11                 (5)  prohibiting a state agency from selling or
2-12     releasing an e-mail address of a member of the public unless the
2-13     member of the public affirmatively consents to the sale or release
2-14     of the e-mail address; and
2-15                 (6)  specifying other policies necessary to protect
2-16     from public disclosure personal information submitted by a member
2-17     of the public to a state agency's Internet site to the extent the
2-18     information is:
2-19                       (A)  confidential;
2-20                       (B)  excepted from the requirements of Section
2-21     552.021; or
2-22                       (C)  protected by other law intended to protect a
2-23     person's privacy interests.
2-24           (d)  Each state agency, other than an institution of higher
2-25     education, that receives an aggregate amount of appropriations in
2-26     the General Appropriations Act for a state fiscal biennium that
2-27     exceeds $175 million shall post the following information during
 3-1     the biennium on a generally accessible Internet site maintained by
 3-2     or for the agency:
 3-3                 (1)  an analysis of all agency expenditures during the
 3-4     two preceding state fiscal years that lists each county in the
 3-5     state and states for each county the amount of agency expenditures
 3-6     made in or for the benefit of the county;
 3-7                 (2)  if the information required to substantially
 3-8     comply with Subdivision (1) is not available, an analysis that
 3-9     approximates compliance with Subdivision (1) to the greatest
3-10     possible extent by listing agency expenditures according to
3-11     geographic regions of the state, to the extent possible, and by
3-12     each field office of the agency;
3-13                 (3)  a profile of the governing officer or of each
3-14     member of the governing body of the agency that includes, among
3-15     other information, the office address of the officer or member;
3-16                 (4)  a listing and description of all contracts with
3-17     vendors that have a value exceeding $100,000 that the agency has
3-18     entered into and that are currently being performed or for which
3-19     performance has not yet begun;
3-20                 (5)  a brief description of the agency's duties; and
3-21                 (6)  an electronic link to the agency's rules as
3-22     published in the electronic version of the Texas Administrative
3-23     Code and an electronic link to any written procedure of the agency
3-24     relating to agency hearings that is not contained in the electronic
3-25     version of the Texas Administrative Code.
3-26           SECTION 2. Subchapter C, Chapter 552, Government Code, is
3-27     amended by adding Section 552.136 to read as follows:
 4-1           Sec. 552.136.  CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.
 4-2     (a) An e-mail address of a member of the public that is provided
 4-3     for the purpose of communicating electronically with a governmental
 4-4     body is confidential and not subject to disclosure under this
 4-5     chapter.
 4-6           (b)  Confidential information described by this section that
 4-7     relates to a member of the public may be disclosed if the member of
 4-8     the public affirmatively consents to its release.
 4-9           SECTION 3. This Act takes effect September 1, 2001.