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.