By Shapleigh S.B. No. 187
77R1907 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a commission 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. TEXAS ONLINE COMMISSION AND PROJECT
1-8 Sec. 2054.251. DEFINITIONS. In this subchapter:
1-9 (1) "Commission" means the Texas Online Commission.
1-10 (2) "Division" means the Texas Online Division created
1-11 by the department under Section 2054.265.
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. TEXAS ONLINE PROJECT. The commission shall
1-18 implement a Texas Online Project that establishes a common
1-19 electronic system using the Internet through which state agencies
1-20 and local governments can electronically:
1-21 (1) send documents to members of the public and
1-22 persons who are regulated by a state agency or local government;
1-23 (2) receive applications for licenses and permits and
1-24 other documents for filing from members of the public and persons
2-1 who are regulated by a state agency or local government that, when
2-2 a signature is necessary, can be electronically signed by the
2-3 member of the public or regulated person; and
2-4 (3) receive required payments from members of the
2-5 public and persons who are regulated by a state agency or local
2-6 government.
2-7 Sec. 2054.253. CREATION OF TEXAS ONLINE COMMISSION. The
2-8 Texas Online Commission is a state agency.
2-9 Sec. 2054.254. MEMBERSHIP. The commission consists of 15
2-10 members, as follows:
2-11 (1) a representative of each of the following state
2-12 officers or agencies appointed by the state officer or the
2-13 governing body of the agency:
2-14 (A) the comptroller;
2-15 (B) the state auditor; and
2-16 (C) the department;
2-17 (2) three representatives of local governments
2-18 appointed by the governor;
2-19 (3) three representatives of businesses that are
2-20 regulated by a state agency or local government, appointed by the
2-21 governor;
2-22 (4) three representatives of state agencies, including
2-23 an institution of higher education other than a junior college
2-24 district, appointed by the governor; and
2-25 (5) three public members appointed by the governor.
2-26 Sec. 2054.255. TERMS. The members of the commission are
2-27 appointed for staggered terms of six years with five members'
3-1 terms expiring on February 1 of each odd-numbered year.
3-2 Sec. 2054.256. PRESIDING OFFICER. The member of the
3-3 commission representing the department is the presiding officer.
3-4 Sec. 2054.257. MEETINGS. The commission shall meet at least
3-5 quarterly.
3-6 Sec. 2054.258. REIMBURSEMENT OF EXPENSES. A member of the
3-7 commission is not entitled to compensation but is entitled to
3-8 reimbursement for the member's travel expenses as provided by
3-9 Chapter 660 and the General Appropriations Act.
3-10 Sec. 2054.259. TRAINING FOR COMMISSION MEMBERS. Not later
3-11 than six months after the date on which a commission member is
3-12 appointed, the member must complete training on the following:
3-13 (1) the legislation that created the commission, the
3-14 division, and the project;
3-15 (2) the department rules that relate to the commission
3-16 and the project;
3-17 (3) the programs operated by the commission and
3-18 division;
3-19 (4) the role and functions of the commission and
3-20 division;
3-21 (5) the current budget for the commission and
3-22 division;
3-23 (6) the results of the most recent formal audit of the
3-24 commission;
3-25 (7) the requirements of:
3-26 (A) the open meetings law, Chapter 551,
3-27 Government Code;
4-1 (B) the public information law, Chapter 552,
4-2 Government Code;
4-3 (C) the administrative procedure law, Chapter
4-4 2001, Government Code; and
4-5 (D) other laws relating to public officials,
4-6 including conflict of interest laws; and
4-7 (8) any applicable ethics policies adopted by the
4-8 commission or the Texas Ethics Commission.
4-9 Sec. 2054.260. GENERAL POWERS AND DUTIES OF TEXAS ONLINE
4-10 COMMISSION. The commission shall:
4-11 (1) develop policies related to operation of the
4-12 project;
4-13 (2) consider applications to use the project;
4-14 (3) operate and promote the project;
4-15 (4) manage contract performance for the project;
4-16 (5) comply with department financial requirements;
4-17 (6) oversee money generated for the operation and
4-18 expansion of the project;
4-19 (7) develop project pricing policies;
4-20 (8) evaluate participation in the project to determine
4-21 if performance efficiencies or other benefits and opportunities are
4-22 gained through project implementation;
4-23 (9) advise the department about the project; and
4-24 (10) coordinate with the department to receive
4-25 periodic security audits of the operational facilities of the
4-26 project.
4-27 Sec. 2054.261. REPORTING REQUIREMENTS. (a) Not later than
5-1 September 1 of each even-numbered year, the commission shall report
5-2 on the status, progress, benefits, and efficiency gains of the
5-3 project. The commission shall provide the report to:
5-4 (1) the presiding officer of each house of the
5-5 legislature;
5-6 (2) the chair of each committee in the legislature
5-7 that has primary jurisdiction over the department;
5-8 (3) the governor; and
5-9 (4) each state agency or local government
5-10 participating in the project.
5-11 (b) As required by the department, the commission shall
5-12 report to the department regarding financial matters, including
5-13 project costs and revenues.
5-14 (c) The commission shall report to the department on any
5-15 significant issues regarding contract performance on the project.
5-16 Sec. 2054.262. ASSISTANCE AND COORDINATION WITH OTHER
5-17 GOVERNMENTAL ENTITIES. The commission shall:
5-18 (1) assist state agencies and local governments in
5-19 researching and identifying potential funding sources for the
5-20 project;
5-21 (2) assist state agencies and local governments in
5-22 using the project;
5-23 (3) assist the legislature and other state leadership
5-24 in coordinating electronic government initiatives; and
5-25 (4) coordinate operations between state agencies and
5-26 local governments to achieve integrated planning for the project.
5-27 Sec. 2054.263. RULES. (a) The commission shall prepare
6-1 rules regarding operation of the project for consideration by the
6-2 board.
6-3 (b) The board may adopt rules prepared by the commission.
6-4 Sec. 2054.264. SEAL. The commission shall adopt an icon,
6-5 symbol, brand, seal, or other identifying device to represent the
6-6 project.
6-7 Sec. 2054.265. TEXAS ONLINE DIVISION. The department shall
6-8 create a division in the department to assist the commission in
6-9 implementing its powers and duties under this subchapter, including
6-10 providing personnel to the commission.
6-11 Sec. 2054.266. SEPARATION OF RESPONSIBILITIES. The
6-12 commission shall develop and implement policies that clearly
6-13 separate the policymaking responsibilities of the commission and
6-14 the management responsibilities of the division.
6-15 Sec. 2054.267. GIFTS. The commission may request and accept
6-16 a gift, donation, or grant from any person.
6-17 Sec. 2054.268. APPLICABILITY OF OTHER LAW. Section 2110
6-18 does not apply to the commission.
6-19 SECTION 2. Section 2054.062(f), Government Code, is amended
6-20 to read as follows:
6-21 (f) The task force is abolished and this section expires
6-22 November [September] 1, 2001.
6-23 SECTION 3. Subchapter F, Chapter 2054, Government Code, is
6-24 amended by adding Sections 2054.111 and 2054.112, to read as
6-25 follows:
6-26 Sec. 2054.111. USE OF TEXAS ONLINE PROJECT. (a) In this
6-27 section, "commission," "local government," and "project" have the
7-1 meanings assigned by Section 2054.251.
7-2 (b) A state agency shall consider using the project for
7-3 agency services provided on the Internet that require security,
7-4 including:
7-5 (1) financial transactions;
7-6 (2) applications for licenses, permits, registrations,
7-7 and other related documents from the public; and
7-8 (3) electronic signatures.
7-9 (c) If a state agency chooses not to use the project under
7-10 Subsection (a), the agency must provide proof to the commission
7-11 that the services used by the agency are at least equivalent to,
7-12 and at equal or lower costs than, those services that the project
7-13 could provide. The commission shall prescribe the documentation
7-14 required.
7-15 (d) A state agency that chooses to use the project under
7-16 Subsection (a) shall comply with rules adopted by the department,
7-17 including any rules regarding:
7-18 (1) the appearance of the agency's Internet site and
7-19 the ease with which the site can be used; and
7-20 (2) the use of the commission seal.
7-21 (e) A state agency or local government that uses the project
7-22 may charge a fee to recover the actual costs reasonably incurred by
7-23 the agency or local government because of the project.
7-24 Sec. 2054.112. SECURITY REVIEW FOR NEW INTERNET SITES. Each
7-25 state agency shall review its requirements for forms, data
7-26 collection, and notarization when planning to deliver a service
7-27 through the Internet, to determine the appropriate level of
8-1 authentication.
8-2 SECTION 4. The project created by Subchapter I, Chapter 2054,
8-3 Government Code, as added by this Act, is a continuation and
8-4 expansion of the demonstration project created by Section 2054.062,
8-5 Government Code.
8-6 SECTION 5. (a) Not later than October 31, 2001, the officers
8-7 and other entities responsible for making appointments under
8-8 Section 2054.254, Government Code, as added by this Act, shall make
8-9 their initial appointments.
8-10 (b) The governor shall designate the initial terms of all
8-11 appointees so that five members' terms expire on each of the
8-12 following dates:
8-13 (1) February 1, 2003;
8-14 (2) February 1, 2005; and
8-15 (3) February 1, 2007.
8-16 (c) The Texas Online Commission may not hold its first
8-17 meeting before November 1, 2001.
8-18 SECTION 6. This Act takes effect immediately if it receives
8-19 a vote of two-thirds of all the members elected to each house, as
8-20 provided by Section 39, Article III, Texas Constitution. If this
8-21 Act does not receive the vote necessary for immediate effect, this
8-22 Act takes effect September 1, 2001.