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.