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. 3-2 * * * * *