By Hochberg                                           H.B. No. 2589
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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 providing an exemption to open records
 1-4     requirements.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2054.121, Government Code, as added by
 1-7     Section 1, Chapter 1573, Acts of the 76th Legislature, Regular
 1-8     Session, 1999, is amended to read as follows:
 1-9           Sec. 2054.121.  REQUIRED POSTING OF INFORMATION ON INTERNET. 
1-10      (a)  The department shall adopt a policy that prescribes terms
1-11     under which a person may use, copy information from, or link to a
1-12     generally accessible Internet site maintained by or for a state
1-13     agency, and which protects the identity of members of the public
1-14     who access information from or through such sites.  The department
1-15     shall post the policy on its Internet site.  A state agency shall
1-16     prominently post a link to the policy statement on a generally
1-17     accessible Internet site maintained by or for the agency.
1-18           (b)  The policy shall include a statement:
1-19                 (1)  generally permitting the use and reproduction of
1-20     information on a state agency's Internet site without the state
1-21     agency's permission, subject to specified conditions;
1-22                 (2)  generally permitting linking from any web page to
 2-1     any page on a state agency's Internet site without the state
 2-2     agency's permission, subject to specified conditions;
 2-3                 (3)  prohibiting a state agency from charging a fee to
 2-4     access, use, reproduce or allow linking to its Internet site except
 2-5     to the extent the state agency is specifically authorized to do so
 2-6     by the legislature;
 2-7                 (4)  requiring that the source of any information
 2-8     reproduced from a state agency's Internet site be clearly stated
 2-9     along with the date that the material was copied from the state
2-10     agency's Internet site;
2-11                 (5)  prohibiting a state agency from selling or
2-12     releasing an electronic mail address of a member of the public
2-13     unless the member of the public has affirmatively elected to allow
2-14     the release of the address; and
2-15                 (6)  specifying other policies as are deemed necessary
2-16     to protect the privacy of members of the public who access state
2-17     agency Internet sites, provided that such policies do not conflict
2-18     with Chapter 552, Government Code, or other provisions of state law
2-19     regarding the availability or confidentiality of public
2-20     information.
2-21           (c)  Each state agency, other than an institution of higher
2-22     education, that receives an aggregate amount of appropriations in
2-23     the  General Appropriations Act for a state fiscal biennium that
2-24     exceeds $175 million shall post the following information during
2-25     the biennium on a generally accessible Internet site maintained by
2-26     or for the agency:
 3-1                 (1)  an analysis of all agency expenditures during the
 3-2     two preceding state fiscal years that lists each county in the
 3-3     state and states for each county the amount of agency expenditures
 3-4     made in or for the benefit of the county;
 3-5                 (2)  if the information required to substantially
 3-6     comply with Subdivision (1) is not available, an analysis that
 3-7     approximates compliance with Subdivision (1) to the greatest
 3-8     possible extent by listing agency expenditures according to
 3-9     geographic regions of the state, to the extent possible, and by
3-10     each field office of the agency;
3-11                 (3)  a profile of the governing officer or of each
3-12     member of the governing body of the agency that includes, among
3-13     other information, the office address of the officer or member;
3-14                 (4)  a listing and description of all contracts with
3-15     vendors that have a value exceeding $100,000 that the agency has
3-16     entered into and that are currently being performed or for which
3-17     performance has not yet begun;
3-18                 (5)  a brief description of the agency's duties; and
3-19                 (6)  an electronic link to the agency's rules as
3-20     published in the electronic version of the Texas Administrative
3-21     Code and an electronic link to any written procedure of the agency
3-22     relating to agency hearings that is not contained in the electronic
3-23     version of the Texas Administrative Code.
3-24           SECTION 2.  Chapter 552, Government Code, is amended by
3-25     adding Section 552.133 to read as follows:
3-26           Sec. 552.133.  EXCEPTION; CERTAIN ELECTRONIC MAIL ADDRESSES.
 4-1     The electronic mail address of a member of the public who provides
 4-2     the address for the purpose of communicating electronically with a
 4-3     governmental body is excepted from the requirements of Section
 4-4     552.001, unless the member of the public has affirmatively elected
 4-5     to allow the release of the address.
 4-6           SECTION 3.  This Act takes effect on September 1, 2001.