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