By:  Shapleigh                                         S.B. No. 187
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of an authority and project to provide
 1-3     government services through a secure and uniform online system.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 2054, Government Code, is amended by
 1-6     adding Subchapter I to read as follows:
 1-7              SUBCHAPTER I.  TEXASONLINE AUTHORITY AND PROJECT
 1-8           Sec. 2054.251.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "Authority" means the TexasOnline Authority.
1-10                 (2)  "Division" means the TexasOnline division created
1-11     by the department under Section 2054.264.
1-12                 (3)  "Local government" means a county, municipality,
1-13     special district, school district, junior college district, or
1-14     other political subdivision of the state.
1-15                 (4)  "Project" means the project implemented under
1-16     Section 2054.252.
1-17           Sec. 2054.252.  TEXASONLINE PROJECT.  (a)  The authority
1-18     shall implement a project designated "TexasOnline" that establishes
1-19     a common electronic infrastructure through which state agencies and
1-20     local governments may electronically:
1-21                 (1)  send and receive documents or required payments to
1-22     and from:
1-23                       (A)  members of the public;
1-24                       (B)  persons who are regulated by the agencies or
1-25     local governments; and
 2-1                       (C)  the agencies and local governments;
 2-2                 (2)  receive applications for licenses and permits and
 2-3     other documents for filing from members of the public and persons
 2-4     who are regulated by a state agency or local government that, when
 2-5     secure access is necessary, can be electronically validated by the
 2-6     agency, local government, member of the public, or regulated
 2-7     person; and
 2-8                 (3)  provide and receive any other service to and from
 2-9     the agencies and local governments or the public.
2-10           (b)  The electronic infrastructure established by the
2-11     authority under Subsection (a) may include the Internet, intranets,
2-12     extranets, and wide area networks.
2-13           Sec. 2054.253.  MEMBERSHIP.  (a)  The authority consists of
2-14     15 members, as follows:
2-15                 (1)  a representative of each of the following state
2-16     officers or agencies appointed by the state officer or the
2-17     governing body of the agency:
2-18                       (A)  the comptroller; and
2-19                       (B)  the department;
2-20                 (2)  three representatives of local governments
2-21     appointed by the governor;
2-22                 (3)  three representatives of businesses that are
2-23     regulated by a state agency or local government, appointed by the
2-24     governor;
2-25                 (4)  four representatives of state agencies, including
2-26     an institution of higher education other than a junior college
 3-1     district, appointed by the governor; and
 3-2                 (5)  three public members appointed by the governor.
 3-3           (b)  A representative of the state auditor shall advise the
 3-4     authority.
 3-5           Sec. 2054.254.  TERMS.  The members of the authority are
 3-6     appointed for staggered terms of six years with five members' terms
 3-7     expiring on February 1 of each odd-numbered year.
 3-8           Sec. 2054.255.  PRESIDING OFFICER.  The member of the
 3-9     authority representing the department is the presiding officer.
3-10           Sec. 2054.256.  MEETINGS.  The authority shall meet at least
3-11     quarterly.
3-12           Sec. 2054.257.  REIMBURSEMENT OF EXPENSES.  A member of the
3-13     authority is not entitled to compensation but is entitled to
3-14     reimbursement for the member's travel expenses as provided by
3-15     Chapter 660 and the General Appropriations Act.
3-16           Sec. 2054.258.  TRAINING FOR AUTHORITY MEMBERS.  Not later
3-17     than six months after the date on which an authority member is
3-18     appointed, the member must complete training on the following:
3-19                 (1)  the legislation that created the authority, the
3-20     division, and the project;
3-21                 (2)  the department rules that relate to the authority
3-22     and the project;
3-23                 (3)  the programs operated by the authority and
3-24     division;
3-25                 (4)  the role and functions of the authority and
3-26     division;
 4-1                 (5)  the current budget for the authority and division;
 4-2                 (6)  the results of the most recent formal audit of the
 4-3     authority;
 4-4                 (7)  the requirements of:
 4-5                       (A)  the open meetings law, Chapter 551;
 4-6                       (B)  the public information law, Chapter 552;
 4-7                       (C)  the administrative procedure law, Chapter
 4-8     2001; and
 4-9                       (D)  other laws relating to public officials,
4-10     including conflict of interest laws; and
4-11                 (8)  any applicable ethics policies adopted by the
4-12     authority or the Texas Ethics Commission.
4-13           Sec. 2054.259.  GENERAL POWERS AND DUTIES OF TEXASONLINE
4-14     AUTHORITY.  The authority shall:
4-15                 (1)  develop policies related to operation of the
4-16     project;
4-17                 (2)  consider services to be provided by the project;
4-18                 (3)  operate and promote the project;
4-19                 (4)  manage contract performance for the project;
4-20                 (5)  comply with department financial requirements;
4-21                 (6)  oversee money generated for the operation and
4-22     expansion of the project;
4-23                 (7)  develop project pricing policies, including
4-24     policies regarding any fees that a state agency or local government
4-25     may charge for a transaction that uses the project;
4-26                 (8)  evaluate participation in the project to determine
 5-1     if performance efficiencies or other benefits and opportunities are
 5-2     gained through project implementation;
 5-3                 (9)  advise the department about the project; and
 5-4                 (10)  coordinate with the department to receive
 5-5     periodic security audits of the operational facilities of the
 5-6     project.
 5-7           Sec. 2054.260.  REPORTING REQUIREMENTS.  (a)  Not later than
 5-8     September 1 of each even-numbered year, the authority shall report
 5-9     on the status, progress, benefits, and efficiency gains of the
5-10     project.  The authority shall provide the report to:
5-11                 (1)  the presiding officer of each house of the
5-12     legislature;
5-13                 (2)  the chair of each committee in the legislature
5-14     that has primary jurisdiction over the department;
5-15                 (3)  the governor; and
5-16                 (4)  each state agency or local government
5-17     participating in the project.
5-18           (b)  As required by the department, the authority shall
5-19     report to the department regarding financial matters, including
5-20     project costs and revenues.
5-21           (c)  The authority shall report to the department on any
5-22     significant issues regarding contract performance on the project.
5-23           Sec. 2054.261.  ASSISTANCE AND COORDINATION WITH OTHER
5-24     GOVERNMENTAL ENTITIES.  The authority shall:
5-25                 (1)  assist state agencies and local governments in
5-26     researching and identifying potential funding sources for the
 6-1     project;
 6-2                 (2)  assist state agencies and local governments in
 6-3     using the project;
 6-4                 (3)  assist the legislature and other state leadership
 6-5     in coordinating electronic government initiatives; and
 6-6                 (4)  coordinate operations between state agencies and
 6-7     local governments to achieve integrated planning for the project.
 6-8           Sec. 2054.262.  RULES.  (a)  The authority shall prepare
 6-9     rules regarding operation of the project for consideration by the
6-10     board.
6-11           (b)  The board may adopt rules prepared by the authority.
6-12           Sec. 2054.263.  SEAL.  The authority shall adopt an icon,
6-13     symbol, brand, seal, or other identifying device to represent the
6-14     project.
6-15           Sec. 2054.264.  TEXASONLINE DIVISION.  The department shall
6-16     create a division in the department designated "TexasOnline" to
6-17     assist the authority in implementing its powers and duties under
6-18     this subchapter.
6-19           Sec. 2054.265.  SEPARATION OF RESPONSIBILITIES.  The
6-20     authority shall develop and implement policies that clearly
6-21     separate the policymaking responsibilities of the authority and the
6-22     management responsibilities of the division.
6-23           Sec. 2054.266.  GIFTS.  The authority may request and accept
6-24     a gift, donation, or grant from any person.
6-25           Sec. 2054.267.  APPLICABILITY OF OTHER LAW.  Chapter 2110
6-26     does not apply to the authority.
 7-1           SECTION 2.  Subsection (f), Section 2054.062, Government
 7-2     Code, is amended to read as follows:
 7-3           (f)  The task force is abolished and this section expires
 7-4     November [September] 1, 2001.
 7-5           SECTION 3.  Subchapter F, Chapter 2054, Government Code, is
 7-6     amended by adding Sections 2054.111 and 2054.112 to read as
 7-7     follows:
 7-8           Sec. 2054.111.  USE OF TEXASONLINE PROJECT.  (a)  In this
 7-9     section, "authority," "local government," and "project" have the
7-10     meanings assigned by Section 2054.251.
7-11           (b)  A state agency shall consider using the project for
7-12     agency services provided on the Internet, including:
7-13                 (1)  financial transactions;
7-14                 (2)  applications for licenses, permits, registrations,
7-15     and other related documents from the public;
7-16                 (3)  electronic signatures; and
7-17                 (4)  any other applications that require security.
7-18           (c)  If a state agency chooses not to use the project under
7-19     Subsection (b), the agency must provide documentation to the
7-20     authority that shows the services and security required by the
7-21     agency.  The authority shall prescribe the documentation required.
7-22           (d)  A state agency that chooses to use the project under
7-23     Subsection (b) shall comply with rules adopted by the department,
7-24     including any rules regarding:
7-25                 (1)  the appearance of the agency's Internet site and
7-26     the ease with which the site can be used; and
 8-1                 (2)  the use of the authority seal.
 8-2           (e)  A state agency or local government that uses the project
 8-3     may charge a fee if:
 8-4                 (1)  the fee is necessary to recover the actual costs
 8-5     directly and reasonably incurred by the agency or local government
 8-6     because of the project; and
 8-7                 (2)  the authority approves the amount of the fee.
 8-8           (f)  A local government may not charge a fee under Subsection
 8-9     (e) that is otherwise prohibited under Section 195.006 or 195.007,
8-10     Local Government Code.
8-11           Sec. 2054.112.  SECURITY REVIEW FOR NEW INTERNET SITES.  Each
8-12     state agency shall review its requirements for forms, data
8-13     collection, and notarization when planning to deliver a service
8-14     through the Internet, to determine if the information is necessary
8-15     and, if necessary, the appropriate level of authentication.  Based
8-16     on this review, the agency shall:
8-17                 (1)  eliminate any unnecessary requirements; and
8-18                 (2)  adjust security to the appropriate level for any
8-19     necessary requirements.
8-20           SECTION 4.  The project created by Subchapter I, Chapter
8-21     2054, Government Code, as added by this Act, is a continuation and
8-22     expansion of the demonstration project created by Section 2054.062,
8-23     Government Code.
8-24           SECTION 5.  (a)  Not later than October 31, 2001, the
8-25     officers and other entities responsible for making appointments
8-26     under Section 2054.253, Government Code, as added by this Act,
 9-1     shall make their initial appointments.
 9-2           (b)  The governor shall designate the initial terms so that
 9-3     the terms of five members described by Section 2054.253, Government
 9-4     Code, as added by this Act, expire on each of the following dates:
 9-5                 (1)  February 1, 2003;
 9-6                 (2)  February 1, 2005; and
 9-7                 (3)  February 1, 2007.
 9-8           (c)  The TexasOnline Authority may not hold its first meeting
 9-9     before November 1, 2001.
9-10           SECTION 6.  Not later than November 1, 2002, the TexasOnline
9-11     Authority shall report on the feasibility of allowing the sale or
9-12     placement of advertising on the project described by Section
9-13     2054.252, Government Code, as added by this Act.  The authority
9-14     shall provide the report to:
9-15                 (1)  the presiding officer of each house of the
9-16     legislature;
9-17                 (2)  the chair of each committee in the legislature
9-18     that has primary jurisdiction over the Department of Information
9-19     Resources; and
9-20                 (3)  the governor.
9-21           SECTION 7.  This Act takes effect immediately if it receives
9-22     a vote of two-thirds of all the members elected to each house, as
9-23     provided by Section 39, Article III, Texas Constitution.  If this
9-24     Act does not receive the vote necessary for immediate effect, this
9-25     Act takes effect September 1, 2001.