1-1                                   AN ACT
 1-2     relating to the creation of an authority and related projects and
 1-3     duties regarding government services provided through online
 1-4     systems.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2054.051, Government Code, is amended by
 1-7     adding Subsection (f) to read as follows:
 1-8           (f)  The department shall identify opportunities for state
 1-9     agencies to coordinate with each other in the adoption and
1-10     implementation of information resources technology projects.
1-11           SECTION 2.  Subsection (a), Section 2054.096, Government
1-12     Code, is amended to read as follows:
1-13           (a)  Each agency strategic plan must be consistent with the
1-14     state strategic plan and include:
1-15                 (1)  a statement of the state agency's goals,
1-16     objectives, and programs as found in the agency's legislative
1-17     appropriations request;
1-18                 (2)  a description of the agency's major data bases and
1-19     their applications;
1-20                 (3)  a description of the agency's information
1-21     resources management organizations, policies, and practices;
1-22                 (4)  a description of interagency computer networks in
1-23     which the agency participates;
1-24                 (5)  a statement of the strategic objectives of the
1-25     agency relating to information resources management for the next
 2-1     five fiscal years, beginning with the fiscal year during which the
 2-2     plan is submitted, with a description of how those objectives help
 2-3     achieve the agency's programs and goals, and a description of how
 2-4     those objectives support and promote the goals and policies of the
 2-5     state strategic plan; [and]
 2-6                 (6)  a description of any information resources
 2-7     technology projects proposed by the agency, including:
 2-8                       (A)  a statement of how the projects relate to
 2-9     similar projects, as identified by the department, implemented or
2-10     proposed by other agencies; and
2-11                       (B)  a description of any proposed plans for
2-12     coordinating the projects with other agencies; and
2-13                 (7)  other planning components that the department may
2-14     prescribe.
2-15           SECTION 3.  Chapter 2054, Government Code, is amended by
2-16     adding Subchapter I to read as follows:
2-17              SUBCHAPTER I.  TEXASONLINE AUTHORITY AND PROJECT
2-18           Sec. 2054.251.  DEFINITIONS.  In this subchapter:
2-19                 (1)  "Authority" means the TexasOnline Authority.
2-20                 (2)  "Division" means the TexasOnline division created
2-21     by the department under Section 2054.264.
2-22                 (3)  "Licensing entity" means a department, commission,
2-23     board, office, or other agency of the state or a political
2-24     subdivision of the state that issues an occupational license.
2-25                 (4)  "Local government" means a county, municipality,
2-26     special district, school district, junior college district, or
 3-1     other political subdivision of the state.
 3-2                 (5)  "Occupational license" means a license,
 3-3     certificate, registration, or other form of authorization that a
 3-4     person must obtain to practice or engage in a particular business,
 3-5     occupation, or profession.
 3-6                 (6)  "Project" means the project implemented under
 3-7     Section 2054.252.
 3-8           Sec. 2054.252.  TEXASONLINE PROJECT.  (a)  The authority
 3-9     shall implement a project designated "TexasOnline" that establishes
3-10     a common electronic infrastructure through which state agencies and
3-11     local governments, including licensing entities, may
3-12     electronically:
3-13                 (1)  send and receive documents or required payments to
3-14     and from:
3-15                       (A)  members of the public;
3-16                       (B)  persons who are regulated by the agencies or
3-17     local governments; and
3-18                       (C)  the agencies and local governments;
3-19                 (2)  receive applications for original and renewal
3-20     licenses and permits, including occupational licenses, complaints
3-21     about occupational license holders, and other documents for filing
3-22     from members of the public and persons who are regulated by a state
3-23     agency or local government that, when secure access is necessary,
3-24     can be electronically validated by the agency, local government,
3-25     member of the public, or regulated person;
3-26                 (3)  send original and renewal occupational licenses to
 4-1     persons regulated by licensing entities;
 4-2                 (4)  send profiles of occupational license holders to
 4-3     persons regulated by licensing entities and to the public;
 4-4                 (5)  store information; and
 4-5                 (6)  provide and receive any other service to and from
 4-6     the agencies and local governments or the public.
 4-7           (b)  The electronic infrastructure established by the
 4-8     authority under Subsection (a) may include the Internet, intranets,
 4-9     extranets, and wide area networks.
4-10           (c)  The authority may implement this section in phases.
4-11     Each state agency or local government that chooses to participate
4-12     in the project and each licensing entity shall comply with the
4-13     schedule established by the authority.
4-14           (d)  The authority may contract with a private vendor to
4-15     implement this section.
4-16           (e)  The authority shall charge fees to licensing entities in
4-17     amounts sufficient to cover the cost of implementing this section
4-18     with respect to licensing entities.  The authority shall charge a
4-19     subscription fee to be paid by each licensing entity.
4-20           (f)  The authority may exempt a licensing entity from
4-21     subscription fees under Subsection (e) if the authority determines
4-22     that the licensing entity has established an Internet portal that
4-23     is performing the functions described by Subsection (a).
4-24           (g)  Each licensing entity shall increase the occupational
4-25     license renewal fees imposed by the licensing entity by an amount
4-26     sufficient to cover the cost of the subscription fee imposed on the
 5-1     licensing entity under Subsection (e) but not to exceed:
 5-2                 (1)  $5 for an occupational license that is required to
 5-3     be renewed annually; or
 5-4                 (2)  $10 for an occupational license that is required
 5-5     to be renewed biennially.
 5-6           Sec. 2054.253.  MEMBERSHIP.  (a)  The authority consists of
 5-7     15 members, as follows:
 5-8                 (1)  a representative of each of the following state
 5-9     officers or agencies appointed by the state officer or the
5-10     governing body of the agency:
5-11                       (A)  the comptroller; and
5-12                       (B)  the department;
5-13                 (2)  three representatives of local governments
5-14     appointed by the governor, including one representative from a
5-15     junior college district;
5-16                 (3)  three representatives of businesses that are
5-17     regulated by a state agency or local government, appointed by the
5-18     governor, including one representative from a rural area;
5-19                 (4)  four representatives of state agencies, including
5-20     an institution of higher education other than a junior college
5-21     district, appointed by the governor, including one representative
5-22     from a rural area; and
5-23                 (5)  three public members appointed by the governor,
5-24     including one representative from a rural area.
5-25           (b)  A representative of the state auditor shall advise the
5-26     authority.
 6-1           Sec. 2054.254.  TERMS.  The members of the authority are
 6-2     appointed for staggered terms of six years with five members' terms
 6-3     expiring on February 1 of each odd-numbered year.
 6-4           Sec. 2054.255.  PRESIDING OFFICER.  The member of the
 6-5     authority representing the department is the presiding officer.
 6-6           Sec. 2054.256.  MEETINGS.  The authority shall meet at least
 6-7     quarterly.
 6-8           Sec. 2054.257.  REIMBURSEMENT OF EXPENSES.  A member of the
 6-9     authority is not entitled to compensation but is entitled to
6-10     reimbursement for the member's travel expenses as provided by
6-11     Chapter 660 and the General Appropriations Act.
6-12           Sec. 2054.258.  TRAINING FOR AUTHORITY MEMBERS.  Not later
6-13     than six months after the date on which an authority member is
6-14     appointed, the member must complete training on the following:
6-15                 (1)  the legislation that created the authority, the
6-16     division, and the project;
6-17                 (2)  the department rules that relate to the authority
6-18     and the project;
6-19                 (3)  the programs operated by the authority and
6-20     division;
6-21                 (4)  the role and functions of the authority and
6-22     division;
6-23                 (5)  the current budget for the authority and division;
6-24                 (6)  the results of the most recent formal audit of the
6-25     authority;
6-26                 (7)  the requirements of:
 7-1                       (A)  the open meetings law, Chapter 551;
 7-2                       (B)  the public information law, Chapter 552;
 7-3                       (C)  the administrative procedure law, Chapter
 7-4     2001; and
 7-5                       (D)  other laws relating to public officials,
 7-6     including conflict of interest laws; and
 7-7                 (8)  any applicable ethics policies adopted by the
 7-8     authority or the Texas Ethics Commission.
 7-9           Sec. 2054.259.  GENERAL POWERS AND DUTIES OF TEXASONLINE
7-10     AUTHORITY.  The authority shall:
7-11                 (1)  develop policies related to operation of the
7-12     project;
7-13                 (2)  consider services to be provided by the project;
7-14                 (3)  operate and promote the project;
7-15                 (4)  manage contract performance for the project;
7-16                 (5)  comply with department financial requirements;
7-17                 (6)  oversee money generated for the operation and
7-18     expansion of the project;
7-19                 (7)  develop project pricing policies, including
7-20     policies regarding any fees that a state agency or local government
7-21     may charge for a transaction that uses the project;
7-22                 (8)  evaluate participation in the project to determine
7-23     if performance efficiencies or other benefits and opportunities are
7-24     gained through project implementation;
7-25                 (9)  advise the department about the project; and
7-26                 (10)  coordinate with the department to receive
 8-1     periodic security audits of the operational facilities of the
 8-2     project.
 8-3           Sec. 2054.260.  REPORTING REQUIREMENTS:  AUTHORITY.  (a)  Not
 8-4     later than September 1 of each even-numbered year, the authority
 8-5     shall report on the status, progress, benefits, and efficiency
 8-6     gains of the project.  The authority shall provide the report to:
 8-7                 (1)  the presiding officer of each house of the
 8-8     legislature;
 8-9                 (2)  the chair of each committee in the legislature
8-10     that has primary jurisdiction over the department;
8-11                 (3)  the governor; and
8-12                 (4)  each state agency or local government
8-13     participating in the project.
8-14           (b)  As required by the department, the authority shall
8-15     report to the department regarding financial matters, including
8-16     project costs and revenues.
8-17           (c)  The authority shall report to the department on any
8-18     significant issues regarding contract performance on the project.
8-19           Sec. 2054.2605.  REPORTING REQUIREMENTS:  LICENSING ENTITIES.
8-20     (a)  Each licensing entity shall report to the Legislative Budget
8-21     Board on the licensing entity's progress in using the project in
8-22     performing the functions described by Section 2054.252(a).
8-23           (b)  This section applies only to a licensing entity for
8-24     which the authority has begun implementation of the project under
8-25     the schedule established by the authority.
8-26           (c)  A report required by this section shall be submitted
 9-1     every six months according to a reporting schedule established by
 9-2     the Legislative Budget Board.
 9-3           Sec. 2054.2606.  REPORTING PROFILE INFORMATION.  (a)  The
 9-4     following licensing entities shall establish a profile system
 9-5     consisting of the specific license holder information prescribed by
 9-6     Subsection (c):
 9-7                 (1)  Texas Board of Chiropractic Examiners, with
 9-8     respect to chiropractors;
 9-9                 (2)  Texas State Board of Podiatric Medical Examiners,
9-10     with respect to podiatrists;
9-11                 (3)  State Board of Dental Examiners, with respect to
9-12     dentists;
9-13                 (4)  Texas Optometry Board, with respect to
9-14     optometrists and therapeutic optometrists;
9-15                 (5)  Texas Board of Physical Therapy Examiners, with
9-16     respect to physical therapists and physical therapy facilities;
9-17                 (6)  Texas Board of Occupational Therapy Examiners,
9-18     with respect to occupational therapists and occupational therapy
9-19     facilities;
9-20                 (7)  Texas State Board of Examiners of Psychologists,
9-21     with respect to psychologists; and
9-22                 (8)  Texas State Board of Pharmacy, with respect to
9-23     pharmacists and pharmacies.
9-24           (b)  A licensing entity other than a licensing entity listed
9-25     in Subsection (a)  is encouraged to establish a profile system
9-26     consisting of the specific license holder information prescribed by
 10-1    Subsection (c).
 10-2          (c)  A licensing entity that establishes a profile system
 10-3    under this section shall determine the information to be included
 10-4    in the system and the manner for collecting and reporting the
 10-5    information.  At a minimum, the entity shall include the following
 10-6    information in the profile system:
 10-7                (1)  the name of the license holder and the address and
 10-8    telephone number of the license holder's primary practice location;
 10-9                (2)  whether the license holder's patient, client,
10-10    user, customer, or consumer service areas, as applicable, are
10-11    accessible to disabled persons, as defined by federal law;
10-12                (3)  the type of language translating services,
10-13    including translating services for a person with impairment of
10-14    hearing, that the license holder provides for patients, clients,
10-15    users, customers, or consumers, as applicable;
10-16                (4)  if applicable, insurance information, including
10-17    whether the license holder participates in the state child health
10-18    plan under Chapter 62, Health and Safety Code, or the Medicaid
10-19    program;
10-20                (5)  the education and training received by the license
10-21    holder, as required by the licensing entity;
10-22                (6)  any specialty certification held by the license
10-23    holder;
10-24                (7)  the number of years the person has practiced as a
10-25    license holder; and
10-26                (8)  if applicable, any hospital affiliation of the
 11-1    license holder.
 11-2          (d)  The authority shall prepare rules for adoption by the
 11-3    board to prescribe the amount of the fee to be collected by a state
 11-4    agency that establishes a profile system for its license holders.
 11-5          (e)  The authority shall prepare additional rules as
 11-6    necessary to assist in the funding and administration of the
 11-7    profile systems established by state agencies, including rules
 11-8    prescribing policies for vendor contracts relating to the
 11-9    collection and entry of profile data.
11-10          Sec. 2054.261.  ASSISTANCE AND COORDINATION WITH OTHER
11-11    GOVERNMENTAL ENTITIES.  The authority shall:
11-12                (1)  assist state agencies and local governments in
11-13    researching and identifying potential funding sources for the
11-14    project;
11-15                (2)  assist state agencies and local governments in
11-16    using the project;
11-17                (3)  assist the legislature and other state leadership
11-18    in coordinating electronic government initiatives; and
11-19                (4)  coordinate operations between state agencies and
11-20    local governments to achieve integrated planning for the project.
11-21          Sec. 2054.262.  RULES.  (a)  The authority shall prepare
11-22    rules regarding operation of the project for consideration by the
11-23    board.
11-24          (b)  The board may adopt rules prepared by the authority.
11-25          Sec. 2054.263.  SEAL.  The authority shall adopt an icon,
11-26    symbol, brand, seal, or other identifying device to represent the
 12-1    project.
 12-2          Sec. 2054.264.  TEXASONLINE DIVISION.  The department shall
 12-3    create a division in the department designated "TexasOnline" to
 12-4    assist the authority in implementing its powers and duties under
 12-5    this subchapter.
 12-6          Sec. 2054.265.  SEPARATION OF RESPONSIBILITIES.  The
 12-7    authority shall develop and implement policies that clearly
 12-8    separate the policymaking responsibilities of the authority and the
 12-9    management responsibilities of the division.
12-10          Sec. 2054.266.  DONATIONS AND GRANTS.  The authority may
12-11    request and accept a donation or grant from any person for use by
12-12    the authority in implementing or managing the project.
12-13          Sec. 2054.267.  APPLICABILITY OF OTHER LAW.  Chapter 2110
12-14    does not apply to the authority.
12-15          SECTION 4.  Subsection (f), Section 2054.062, Government
12-16    Code, is amended to read as follows:
12-17          (f)  The task force is abolished and this section expires
12-18    November [September] 1, 2001.
12-19          SECTION 5.  Subchapter F, Chapter 2054, Government Code, is
12-20    amended by adding Sections 2054.111 and 2054.112 to read as
12-21    follows:
12-22          Sec. 2054.111.  USE OF TEXASONLINE PROJECT.  (a)  In this
12-23    section, "authority," "local government," and "project" have the
12-24    meanings assigned by Section 2054.251.
12-25          (b)  A state agency shall consider using the project for
12-26    agency services provided on the Internet, including:
 13-1                (1)  financial transactions;
 13-2                (2)  applications for licenses, permits, registrations,
 13-3    and other related documents from the public;
 13-4                (3)  electronic signatures; and
 13-5                (4)  any other applications that require security.
 13-6          (c)  If a state agency chooses not to use the project under
 13-7    Subsection (b), the agency must provide documentation to the
 13-8    authority that shows the services and security required by the
 13-9    agency.  The authority shall prescribe the documentation required.
13-10          (d)  A state agency that chooses to use the project under
13-11    Subsection (b) shall comply with rules adopted by the department,
13-12    including any rules regarding:
13-13                (1)  the appearance of the agency's Internet site and
13-14    the ease with which the site can be used; and
13-15                (2)  the use of the authority seal.
13-16          (e)  A state agency or local government that uses the project
13-17    may charge a fee if:
13-18                (1)  the fee is necessary to recover the actual costs
13-19    directly and reasonably incurred by the agency or local government
13-20    because of the project; and
13-21                (2)  the authority approves the amount of the fee.
13-22          (f)  A local government may not charge a fee under Subsection
13-23    (e) that is otherwise prohibited under Section 195.006 or 195.007,
13-24    Local Government Code.
13-25          Sec. 2054.112.  SECURITY REVIEW FOR NEW INTERNET SITES.  Each
13-26    state agency shall review its requirements for forms, data
 14-1    collection, and notarization when planning to deliver a service
 14-2    through the Internet to determine if the information is necessary
 14-3    and, if necessary, the appropriate level of authentication.  Based
 14-4    on this review, the agency shall:
 14-5                (1)  eliminate any unnecessary requirements; and
 14-6                (2)  adjust security to the appropriate level for any
 14-7    necessary requirements.
 14-8          SECTION 6.  The project created by Subchapter I, Chapter
 14-9    2054, Government Code, as added by this Act, is a continuation and
14-10    expansion of the demonstration project created by Section 2054.062,
14-11    Government Code.
14-12          SECTION 7.  Subsection (g), Section 2054.252, Government
14-13    Code, as added by this Act, expires September 1, 2005.
14-14          SECTION 8.  (a)  Not later than October 31, 2001, the
14-15    officers and other entities responsible for making appointments
14-16    under Section 2054.253, Government Code, as added by this Act,
14-17    shall make their initial appointments.
14-18          (b)  The governor shall designate the initial terms so that
14-19    the terms of five members described by Section 2054.253, Government
14-20    Code, as added by this Act, expire on each of the following dates:
14-21                (1)  February 1, 2003;
14-22                (2)  February 1, 2005; and
14-23                (3)  February 1, 2007.
14-24          (c)  The TexasOnline Authority may not hold its first meeting
14-25    before November 1, 2001.
14-26          SECTION 9.  Not later than November 1, 2002, the TexasOnline
 15-1    Authority shall report on the feasibility of allowing the sale or
 15-2    placement of advertising on the project described by Section
 15-3    2054.252, Government Code, as added by this Act.  The authority
 15-4    shall provide the report to:
 15-5                (1)  the presiding officer of each house of the
 15-6    legislature;
 15-7                (2)  the chair of each committee in the legislature
 15-8    that has primary jurisdiction over the Department of Information
 15-9    Resources; and
15-10                (3)  the governor.
15-11          SECTION 10.  (a)  Not later than April 1, 2002, the
15-12    TexasOnline Authority shall adopt a schedule for implementing
15-13    Section 2054.252, Government Code, as added by this Act.  The
15-14    schedule shall permit the initial group of licensing entities to
15-15    perform the functions described by Subsection (a), Section
15-16    2054.252, Government Code, as added by this Act, not later than
15-17    September 1, 2002.
15-18          (b)  Not later than January 1, 2003, the TexasOnline
15-19    Authority shall report to the presiding officer of each house of
15-20    the legislature and to the presiding officers of the committees of
15-21    each house of the legislature that have primary oversight
15-22    jurisdiction over the authority or over a licensing entity subject
15-23    to Subchapter I, Chapter 2054, Government Code, as added by this
15-24    Act, on the authority's progress in implementing Section 2054.252,
15-25    Government Code, as added by this Act.
15-26          SECTION 11.  (a)  Each licensing entity required under this
 16-1    Act to establish a profile system shall adopt rules under this Act
 16-2    not later than January 1, 2002.  The entity shall make the initial
 16-3    profiles required under this Act available to the public not later
 16-4    than January 1, 2005.
 16-5          (b)  Each licensing entity required under this Act to
 16-6    establish a profile system shall collect the fee prescribed by the
 16-7    TexasOnline Authority under Subsection (d), Section 2054.2606,
 16-8    Government Code, as added by this Act.  The authority shall
 16-9    prescribe the amount of the fee not later than January 1, 2002.  A
16-10    licensing entity required to collect the fee shall begin collecting
16-11    the fee as part of the entity's license renewal system on that
16-12    date.
16-13          SECTION 12.  This Act takes effect immediately if it receives
16-14    a vote of two-thirds of all the members elected to each house, as
16-15    provided by Section 39, Article III, Texas Constitution.  If this
16-16    Act does not receive the vote necessary for immediate effect, this
16-17    Act takes effect September 1, 2001.
                                                                S.B. No. 187
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 187 passed the Senate on
            March 20, 2001, by the following vote:  Yeas 30, Nays 0, one
            present, not voting; May 3, 2001, Senate refused to concur in House
            amendments and requested appointment of Conference Committee;
            May 4, 2001, House granted request of the Senate; May 14, 2001,
            Senate adopted Conference Committee Report by the following vote:
            Yeas 30, Nays 0, one present, not voting.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 187 passed the House, with
            amendments, on April 30, 2001, by a non-record vote; May 4, 2001,
            House granted request of the Senate for appointment of Conference
            Committee; May 9, 2001, House adopted Conference Committee Report
            by the following vote:  Yeas 146, Nays 0, one present, not voting.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor