1-1 By: Shapleigh S.B. No. 187
1-2 (In the Senate - Filed January 2, 2001; January 11, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 8, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 8, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 187 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation of an authority and project to provide
1-11 government services through a secure and uniform online system.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 2054, Government Code, is amended by
1-14 adding Subchapter I to read as follows:
1-15 SUBCHAPTER I. TEXASONLINE AUTHORITY AND PROJECT
1-16 Sec. 2054.251. DEFINITIONS. In this subchapter:
1-17 (1) "Authority" means the TexasOnline Authority.
1-18 (2) "Division" means the TexasOnline division created
1-19 by the department under Section 2054.264.
1-20 (3) "Local government" means a county, municipality,
1-21 special district, school district, junior college district, or
1-22 other political subdivision of the state.
1-23 (4) "Project" means the project implemented under
1-24 Section 2054.252.
1-25 Sec. 2054.252. TEXASONLINE PROJECT. (a) The authority
1-26 shall implement a project designated "TexasOnline" that establishes
1-27 a common electronic infrastructure through which state agencies and
1-28 local governments may electronically:
1-29 (1) send and receive documents or required payments to
1-30 and from:
1-31 (A) members of the public;
1-32 (B) persons who are regulated by the agencies or
1-33 local governments; and
1-34 (C) the agencies and local governments;
1-35 (2) receive applications for licenses and permits and
1-36 other documents for filing from members of the public and persons
1-37 who are regulated by a state agency or local government that, when
1-38 secure access is necessary, can be electronically validated by the
1-39 agency, local government, member of the public, or regulated
1-40 person; and
1-41 (3) provide and receive any other service to and from
1-42 the agencies and local governments or the public.
1-43 (b) The electronic infrastructure established by the
1-44 authority under Subsection (a) may include the Internet, intranets,
1-45 extranets, and wide area networks.
1-46 Sec. 2054.253. MEMBERSHIP. (a) The authority consists of
1-47 15 members, as follows:
1-48 (1) a representative of each of the following state
1-49 officers or agencies appointed by the state officer or the
1-50 governing body of the agency:
1-51 (A) the comptroller; and
1-52 (B) the department;
1-53 (2) three representatives of local governments
1-54 appointed by the governor;
1-55 (3) three representatives of businesses that are
1-56 regulated by a state agency or local government, appointed by the
1-57 governor;
1-58 (4) four representatives of state agencies, including
1-59 an institution of higher education other than a junior college
1-60 district, appointed by the governor; and
1-61 (5) three public members appointed by the governor.
1-62 (b) A representative of the state auditor shall advise the
1-63 authority.
1-64 Sec. 2054.254. TERMS. The members of the authority are
2-1 appointed for staggered terms of six years with five members' terms
2-2 expiring on February 1 of each odd-numbered year.
2-3 Sec. 2054.255. PRESIDING OFFICER. The member of the
2-4 authority representing the department is the presiding officer.
2-5 Sec. 2054.256. MEETINGS. The authority shall meet at least
2-6 quarterly.
2-7 Sec. 2054.257. REIMBURSEMENT OF EXPENSES. A member of the
2-8 authority is not entitled to compensation but is entitled to
2-9 reimbursement for the member's travel expenses as provided by
2-10 Chapter 660 and the General Appropriations Act.
2-11 Sec. 2054.258. TRAINING FOR AUTHORITY MEMBERS. Not later
2-12 than six months after the date on which an authority member is
2-13 appointed, the member must complete training on the following:
2-14 (1) the legislation that created the authority, the
2-15 division, and the project;
2-16 (2) the department rules that relate to the authority
2-17 and the project;
2-18 (3) the programs operated by the authority and
2-19 division;
2-20 (4) the role and functions of the authority and
2-21 division;
2-22 (5) the current budget for the authority and division;
2-23 (6) the results of the most recent formal audit of the
2-24 authority;
2-25 (7) the requirements of:
2-26 (A) the open meetings law, Chapter 551;
2-27 (B) the public information law, Chapter 552;
2-28 (C) the administrative procedure law, Chapter
2-29 2001; and
2-30 (D) other laws relating to public officials,
2-31 including conflict of interest laws; and
2-32 (8) any applicable ethics policies adopted by the
2-33 authority or the Texas Ethics Commission.
2-34 Sec. 2054.259. GENERAL POWERS AND DUTIES OF TEXASONLINE
2-35 AUTHORITY. The authority shall:
2-36 (1) develop policies related to operation of the
2-37 project;
2-38 (2) consider services to be provided by the project;
2-39 (3) operate and promote the project;
2-40 (4) manage contract performance for the project;
2-41 (5) comply with department financial requirements;
2-42 (6) oversee money generated for the operation and
2-43 expansion of the project;
2-44 (7) develop project pricing policies, including
2-45 policies regarding any fees that a state agency or local government
2-46 may charge for a transaction that uses the project;
2-47 (8) evaluate participation in the project to determine
2-48 if performance efficiencies or other benefits and opportunities are
2-49 gained through project implementation;
2-50 (9) advise the department about the project; and
2-51 (10) coordinate with the department to receive
2-52 periodic security audits of the operational facilities of the
2-53 project.
2-54 Sec. 2054.260. REPORTING REQUIREMENTS. (a) Not later than
2-55 September 1 of each even-numbered year, the authority shall report
2-56 on the status, progress, benefits, and efficiency gains of the
2-57 project. The authority shall provide the report to:
2-58 (1) the presiding officer of each house of the
2-59 legislature;
2-60 (2) the chair of each committee in the legislature
2-61 that has primary jurisdiction over the department;
2-62 (3) the governor; and
2-63 (4) each state agency or local government
2-64 participating in the project.
2-65 (b) As required by the department, the authority shall
2-66 report to the department regarding financial matters, including
2-67 project costs and revenues.
2-68 (c) The authority shall report to the department on any
2-69 significant issues regarding contract performance on the project.
3-1 Sec. 2054.261. ASSISTANCE AND COORDINATION WITH OTHER
3-2 GOVERNMENTAL ENTITIES. The authority shall:
3-3 (1) assist state agencies and local governments in
3-4 researching and identifying potential funding sources for the
3-5 project;
3-6 (2) assist state agencies and local governments in
3-7 using the project;
3-8 (3) assist the legislature and other state leadership
3-9 in coordinating electronic government initiatives; and
3-10 (4) coordinate operations between state agencies and
3-11 local governments to achieve integrated planning for the project.
3-12 Sec. 2054.262. RULES. (a) The authority shall prepare
3-13 rules regarding operation of the project for consideration by the
3-14 board.
3-15 (b) The board may adopt rules prepared by the authority.
3-16 Sec. 2054.263. SEAL. The authority shall adopt an icon,
3-17 symbol, brand, seal, or other identifying device to represent the
3-18 project.
3-19 Sec. 2054.264. TEXASONLINE DIVISION. The department shall
3-20 create a division in the department designated "TexasOnline" to
3-21 assist the authority in implementing its powers and duties under
3-22 this subchapter.
3-23 Sec. 2054.265. SEPARATION OF RESPONSIBILITIES. The
3-24 authority shall develop and implement policies that clearly
3-25 separate the policymaking responsibilities of the authority and the
3-26 management responsibilities of the division.
3-27 Sec. 2054.266. GIFTS. The authority may request and accept
3-28 a gift, donation, or grant from any person.
3-29 Sec. 2054.267. APPLICABILITY OF OTHER LAW. Chapter 2110
3-30 does not apply to the authority.
3-31 SECTION 2. Subsection (f), Section 2054.062, Government
3-32 Code, is amended to read as follows:
3-33 (f) The task force is abolished and this section expires
3-34 November [September] 1, 2001.
3-35 SECTION 3. Subchapter F, Chapter 2054, Government Code, is
3-36 amended by adding Sections 2054.111 and 2054.112 to read as
3-37 follows:
3-38 Sec. 2054.111. USE OF TEXASONLINE PROJECT. (a) In this
3-39 section, "authority," "local government," and "project" have the
3-40 meanings assigned by Section 2054.251.
3-41 (b) A state agency shall consider using the project for
3-42 agency services provided on the Internet, including:
3-43 (1) financial transactions;
3-44 (2) applications for licenses, permits, registrations,
3-45 and other related documents from the public;
3-46 (3) electronic signatures; and
3-47 (4) any other applications that require security.
3-48 (c) If a state agency chooses not to use the project under
3-49 Subsection (b), the agency must provide documentation to the
3-50 authority that shows the services and security required by the
3-51 agency. The authority shall prescribe the documentation required.
3-52 (d) A state agency that chooses to use the project under
3-53 Subsection (b) shall comply with rules adopted by the department,
3-54 including any rules regarding:
3-55 (1) the appearance of the agency's Internet site and
3-56 the ease with which the site can be used; and
3-57 (2) the use of the authority seal.
3-58 (e) A state agency or local government that uses the project
3-59 may charge a fee if:
3-60 (1) the fee is necessary to recover the actual costs
3-61 directly and reasonably incurred by the agency or local government
3-62 because of the project; and
3-63 (2) the authority approves the amount of the fee.
3-64 (f) A local government may not charge a fee under Subsection
3-65 (e) that is otherwise prohibited under Section 195.006 or 195.007,
3-66 Local Government Code.
3-67 Sec. 2054.112. SECURITY REVIEW FOR NEW INTERNET SITES. Each
3-68 state agency shall review its requirements for forms, data
3-69 collection, and notarization when planning to deliver a service
4-1 through the Internet, to determine if the information is necessary
4-2 and, if necessary, the appropriate level of authentication. Based
4-3 on this review, the agency shall:
4-4 (1) eliminate any unnecessary requirements; and
4-5 (2) adjust security to the appropriate level for any
4-6 necessary requirements.
4-7 SECTION 4. The project created by Subchapter I, Chapter
4-8 2054, Government Code, as added by this Act, is a continuation and
4-9 expansion of the demonstration project created by Section 2054.062,
4-10 Government Code.
4-11 SECTION 5. (a) Not later than October 31, 2001, the
4-12 officers and other entities responsible for making appointments
4-13 under Section 2054.253, Government Code, as added by this Act,
4-14 shall make their initial appointments.
4-15 (b) The governor shall designate the initial terms so that
4-16 the terms of five members described by Section 2054.253, Government
4-17 Code, as added by this Act, expire on each of the following dates:
4-18 (1) February 1, 2003;
4-19 (2) February 1, 2005; and
4-20 (3) February 1, 2007.
4-21 (c) The TexasOnline Authority may not hold its first meeting
4-22 before November 1, 2001.
4-23 SECTION 6. Not later than November 1, 2002, the TexasOnline
4-24 Authority shall report on the feasibility of allowing the sale or
4-25 placement of advertising on the project described by Section
4-26 2054.252, Government Code, as added by this Act. The authority
4-27 shall provide the report to:
4-28 (1) the presiding officer of each house of the
4-29 legislature;
4-30 (2) the chair of each committee in the legislature
4-31 that has primary jurisdiction over the Department of Information
4-32 Resources; and
4-33 (3) the governor.
4-34 SECTION 7. This Act takes effect immediately if it receives
4-35 a vote of two-thirds of all the members elected to each house, as
4-36 provided by Section 39, Article III, Texas Constitution. If this
4-37 Act does not receive the vote necessary for immediate effect, this
4-38 Act takes effect September 1, 2001.
4-39 * * * * *