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.
9-26 COMMITTEE AMENDMENT NO. 1
10-1 Amend S.B. 187 as follows:
10-2 (1) In SECTION 1 of the bill, in added Section 2054.266,
10-3 Government Code (Senate Engrossment, page 6, line 23), strike
10-4 "GIFTS" and substitute "DONATIONS AND GRANTS".
10-5 (2) In SECTION 1 of the bill, in added Section 2054.266,
10-6 Government Code (Senate Engrossment, page 6, line 24), strike
10-7 "gift, donation," and substitute "donation".
10-8 (3) In SECTION 1 of the bill, in added Section 2054.266,
10-9 Government Code (Senate Engrossment, page 6, line 24), after
10-10 "person" and before the period, insert "for use by the authority in
10-11 implementing or managing the project".
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10-13 COMMITTEE AMENDMENT NO. 2
10-14 Amend S.B. No. 187 (Senate Engrossment) as follows:
10-15 (1) On page 2, line 21, after "governor" and before the
10-16 semicolon, insert ", including one representative from a junior
10-17 college district".
10-18 (2) On page 2, line 24, after "governor" and before the
10-19 semicolon, insert ", including one representative from a rural
10-20 area".
10-21 (3) On page 3, line 1, after "governor" and before the
10-22 semicolon, insert ", including one representative from a rural
10-23 area".
10-24 (4) On page 3, line 2, after "governor" and before the
10-25 period, insert ", including one representative from a rural area".
10-26 77R10873 MXM-D Counts