By Junell                                             H.B. No. 2724
         77R3827 MCK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain state agency operating plans and strategic
 1-3     plans for information resources management.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 531.0273(c), Government Code, is amended
 1-6     to read as follows:
 1-7           (c)  A health and human services agency may not submit its
 1-8     plans to the Department of Information Resources or the Legislative
 1-9     Budget Board under Subchapter E, Chapter 2054, until those plans
1-10     are approved by the commission.
1-11           SECTION 2. Sections 2054.095(c) and (d), Government Code, are
1-12     amended to read as follows:
1-13           (c)  The Legislative Budget Board may prescribe the format
1-14     required for an agency strategic plan [shall be prepared in a
1-15     format prescribed by the department].
1-16           (d)  The Legislative Budget Board may [department by rule
1-17     shall] adopt instructions, consistent with Section 2054.096, that
1-18     guide state agencies in the preparation of their agency strategic
1-19     plans.  The instructions may [must] include the general criteria
1-20     under which the Legislative Budget Board [department] will evaluate
1-21     the plan.  [The department shall send the instructions to each
1-22     state agency not later than the date prescribed by department
1-23     rule.]
1-24           SECTION 3. Section 2054.096(a), Government Code, is amended
 2-1     to read as follows:
 2-2           (a)  Each agency strategic plan must be consistent with the
 2-3     state strategic plan and include:
 2-4                 (1)  a statement of the state agency's goals,
 2-5     objectives, and programs as found in the agency's legislative
 2-6     appropriations request;
 2-7                 (2)  a description of the agency's major data bases and
 2-8     their applications;
 2-9                 (3)  a description of the agency's information
2-10     resources management organizations, policies, and practices;
2-11                 (4)  a description of interagency computer networks in
2-12     which the agency participates;
2-13                 (5)  a statement of the strategic objectives of the
2-14     agency relating to information resources management for the next
2-15     five fiscal years, beginning with the fiscal year during which the
2-16     plan is submitted, with a description of how those objectives help
2-17     achieve the agency's programs and goals, and a description of how
2-18     those objectives support and promote the goals and policies of the
2-19     state strategic plan; and
2-20                 (6)  other planning components that the Legislative
2-21     Budget Board [department] may prescribe.
2-22           SECTION 4. Section 2054.097, Government Code, is amended to
2-23     read as follows:
2-24           Sec. 2054.097.  REVIEW OF AGENCY STRATEGIC PLAN. (a)  A state
2-25     agency shall send its strategic plan to the Legislative Budget
2-26     Board and the department for review [and approval not later than
2-27     the date prescribed by department rule. The department shall
 3-1     prescribe the date so that it aligns with the date a state agency
 3-2     is required to submit its strategic plan under Chapter 2056].
 3-3           (b)  [The department shall review and approve or disapprove
 3-4     each agency strategic plan not later than the 90th day after the
 3-5     date the department receives the plan.]
 3-6           [(c)  The department shall notify a state agency of plan
 3-7     approval in writing.]
 3-8           [(d)]  The Legislative Budget Board or the department may
 3-9     report to the agency, the governor, the state auditor, and the
3-10     presiding officer of each house of the legislature that [not
3-11     disapprove] an agency strategic plan or plan amendment [on the
3-12     ground that some aspect of the plan] is not best suited to the
3-13     state agency's execution of its own duty[, but the department may
3-14     make a finding to that effect and report that finding to the
3-15     agency, the governor, the state auditor, the Legislative Budget
3-16     Board, and the presiding officer of each house of the legislature.
3-17     This subsection does not affect the powers of the governor, the
3-18     Legislative Budget Board, or any other entity under other law].
3-19           SECTION 5. Sections 2054.100(a) and (c), Government Code, are
3-20     amended to read as follows:
3-21           (a)  Each state agency shall submit an operating plan to the
3-22     Legislative Budget Board [department] each state fiscal biennium in
3-23     accordance with the directions of the Legislative Budget Board [not
3-24     later than the 30th day after the date the General Appropriations
3-25     Act for the biennium becomes law].
3-26           (c)  A state agency shall amend its biennial operating plan
3-27     when necessary to reflect changes in the plan during a biennium. At
 4-1     a minimum, an agency shall amend its biennial operating plan to
 4-2     reflect significant new or changed information resources
 4-3     initiatives or information resources technologies initiatives
 4-4     contained in the agency's legislative appropriations request.  Not
 4-5     later than the date designated by the Legislative Budget Board in
 4-6     its directions [prescribed by department rule], an agency shall
 4-7     submit an amended plan to reflect new or changed initiatives
 4-8     contained in the agency's legislative appropriations request.
 4-9           SECTION 6. Section 2054.101, Government Code, is amended to
4-10     read as follows:
4-11           Sec. 2054.101.  INSTRUCTIONS FOR PREPARING OPERATING PLANS.
4-12     (a)  The Legislative Budget Board may provide [department by rule
4-13     shall adopt] instructions to guide state agencies in their
4-14     preparation of biennial operating plans.
4-15           (b)  The instructions may [must]:
4-16                 (1)  specify the format of the plans;
4-17                 (2)  specify the information required to be included in
4-18     the plans; and
4-19                 (3)  list the general criteria that the Legislative
4-20     Budget Board may [department will] use to evaluate the plans.
4-21           SECTION 7. Section 2054.102, Government Code, is amended to
4-22     read as follows:
4-23           Sec. 2054.102.  EVALUATION OF OPERATING PLANS [BY
4-24     DEPARTMENT]. The Legislative Budget Board may [department shall]
4-25     specify procedures for the submission, review, approval, and
4-26     disapproval of biennial operating plans and amendments, including
4-27     procedures for review or reconsideration of the Legislative Budget
 5-1     Board's [department's] disapproval of a biennial operating plan or
 5-2     biennial operating plan amendment.
 5-3           SECTION 8. Section 2054.103, Government Code, is amended to
 5-4     read as follows:
 5-5           Sec. 2054.103.  SUBMISSION OF OPERATING PLANS. Each state
 5-6     agency shall send a copy of its biennial operating plan and of any
 5-7     amendments to the plan, as approved by the Legislative Budget Board
 5-8     [department], to the governor, the department [Legislative Budget
 5-9     Board], and the state auditor not later than the 30th day after the
5-10     date the Legislative Budget Board [department] approves the plan or
5-11     amendment, as applicable.
5-12           SECTION 9. Section 2054.118(a), Government Code, is amended
5-13     to read as follows:
5-14           (a)  A state agency may not spend appropriated funds for a
5-15     major information resources project unless the project has been
5-16     approved by the Legislative Budget Board [department] in the
5-17     agency's biennial operating plan.
5-18           SECTION 10. Section 2054.098, Government Code, is repealed.
5-19           SECTION 11. This Act takes effect September 1, 2001.