1-1     By:  Hochberg (Senate Sponsor - Wentworth)            H.B. No. 2589
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 7, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 7, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2589                   By:  Truan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the required posting of information on a state agency's
1-11     Internet site and to the security, confidentiality, and management
1-12     of certain information.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1. Subchapter C, Chapter 2054, Government Code, is
1-15     amended by adding Section 2054.063 to read as follows:
1-16           Sec. 2054.063.  INFORMATION SECURITY. The department shall
1-17     establish and administer a clearinghouse for information relating
1-18     to all aspects of protecting the security of state agency
1-19     information.
1-20           SECTION 2. Section 2054.092, Government Code, is amended to
1-21     read as follows:
1-22           Sec. 2054.092.  CONTENT OF STATE STRATEGIC PLAN. The state
1-23     strategic plan must:
1-24                 (1)  provide a strategic direction for information
1-25     resources management in state government for the five fiscal years
1-26     following adoption of the plan, including providing a best
1-27     practices model to assist state agencies in adopting effective
1-28     information management methods and obtaining effective information
1-29     resources technologies;
1-30                 (2)  provide guidance to state agencies in the
1-31     development of the agency strategic plans;
1-32                 (3)  establish goals and objectives relating to
1-33     information resources management;
1-34                 (4)  provide long-range policy guidelines for
1-35     information resources in state government, including the
1-36     implementation of national and international standards for
1-37     information resources technologies;
1-38                 (5)  identify major issues relating to improved
1-39     information resources management, including the identification of
1-40     needed procurement policy initiatives to encourage competition
1-41     between providers of information resources technologies; and
1-42                 (6)  identify priorities for the implementation of
1-43     information resources technologies according to the relative
1-44     economic and social impact on the state.
1-45           SECTION 3. Section 2054.121, Government Code, as added by
1-46     Section 1, Chapter 1573, Acts of the 76th Legislature, Regular
1-47     Session, 1999, is amended to read as follows:
1-48           Sec. 2054.121.  REQUIRED POSTING OF INFORMATION ON INTERNET.
1-49     (a) The department shall adopt a policy that:
1-50                 (1)  prescribes terms under which a person may use,
1-51     copy information from, or link to a generally accessible Internet
1-52     site maintained by or for a state agency; and
1-53                 (2)  protects the personal information of members of
1-54     the public who access information from or through a generally
1-55     accessible Internet site maintained by or for a state agency.
1-56           (b)  The department shall post the policy on its Internet
1-57     site.  A state agency shall prominently post a link to the policy
1-58     statement on a generally accessible Internet site maintained by or
1-59     for the agency.
1-60           (c)  The policy shall include a statement:
1-61                 (1)  generally allowing the use and reproduction of
1-62     information on a state agency's Internet site without the state
1-63     agency's permission, subject to specified conditions;
1-64                 (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
2-28     the biennium on a generally accessible Internet site maintained by
2-29     or for the agency:
2-30                 (1)  an analysis of all agency expenditures during the
2-31     two preceding state fiscal years that lists each county in the
2-32     state and states for each county the amount of agency expenditures
2-33     made in or for the benefit of the county;
2-34                 (2)  if the information required to substantially
2-35     comply with Subdivision (1) is not available, an analysis that
2-36     approximates compliance with Subdivision (1) to the greatest
2-37     possible extent by listing agency expenditures according to
2-38     geographic regions of the state, to the extent possible, and by
2-39     each field office of the agency;
2-40                 (3)  a profile of the governing officer or of each
2-41     member of the governing body of the agency that includes, among
2-42     other information, the office address of the officer or member;
2-43                 (4)  a listing and description of all contracts with
2-44     vendors that have a value exceeding $100,000 that the agency has
2-45     entered into and that are currently being performed or for which
2-46     performance has not yet begun;
2-47                 (5)  a brief description of the agency's duties; and
2-48                 (6)  an electronic link to the agency's rules as
2-49     published in the electronic version of the Texas Administrative
2-50     Code and an electronic link to any written procedure of the agency
2-51     relating to agency hearings that is not contained in the electronic
2-52     version of the Texas Administrative Code.
2-53           SECTION 4. Subchapter F, Chapter 2054, Government Code, is
2-54     amended by adding Section 2054.127 to read as follows:
2-55           Sec. 2054.127.  INTERNET WEBSITE DEVELOPMENT:  GRANTS AND
2-56     ASSISTANCE. The department shall encourage each state agency to
2-57     seek available grants and to work with public educational
2-58     institutions and members of the business and industry community for
2-59     the purpose of Internet website development and maintenance.
2-60           SECTION 5. Subchapter C, Chapter 552, Government Code, is
2-61     amended by adding Section 552.136 to read as follows:
2-62           Sec. 552.136.  CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.
2-63     (a) An e-mail address of a member of the public that is provided
2-64     for the purpose of communicating electronically with a governmental
2-65     body is confidential and not subject to disclosure under this
2-66     chapter.
2-67           (b)  Confidential information described by this section that
2-68     relates to a member of the public may be disclosed if the member of
2-69     the public affirmatively consents to its release.
 3-1           SECTION 6. This Act takes effect September 1, 2001.
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