1-1     By:  Ellis                                            S.B. No. 1230
 1-2           (In the Senate - Filed March 7, 2001; March 12, 2001, read
 1-3     first time and referred to Committee on Finance; March 26, 2001,
 1-4     reported favorably by the following vote:  Yeas 10, Nays 0;
 1-5     March 26, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain state agency operating plans and strategic
 1-9     plans for information resources management.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (c), Section 531.0273, Government
1-12     Code, is amended to read as follows:
1-13           (c)  A health and human services agency may not submit its
1-14     plans to the Department of Information Resources or the Legislative
1-15     Budget Board under Subchapter E, Chapter 2054, until those plans
1-16     are approved by the commission.
1-17           SECTION 2.  Subsections (c) and (d), Section 2054.095,
1-18     Government Code, are amended to read as follows:
1-19           (c)  The Legislative Budget Board may prescribe the format
1-20     required for an agency strategic plan [shall be prepared in a
1-21     format prescribed by the department].
1-22           (d)  The Legislative Budget Board may [department by rule
1-23     shall] adopt instructions, consistent with Section 2054.096, that
1-24     guide state agencies in the preparation of their agency strategic
1-25     plans.  The instructions may [must] include the general criteria
1-26     under which the Legislative Budget Board [department] will evaluate
1-27     the plan.  [The department shall send the instructions to each
1-28     state agency not later than the date prescribed by department
1-29     rule.]
1-30           SECTION 3.  Subsection (a), Section 2054.096, Government
1-31     Code, is amended to read as follows:
1-32           (a)  Each agency strategic plan must be consistent with the
1-33     state strategic plan and include:
1-34                 (1)  a statement of the state agency's goals,
1-35     objectives, and programs as found in the agency's legislative
1-36     appropriations request;
1-37                 (2)  a description of the agency's major data bases and
1-38     their applications;
1-39                 (3)  a description of the agency's information
1-40     resources management organizations, policies, and practices;
1-41                 (4)  a description of interagency computer networks in
1-42     which the agency participates;
1-43                 (5)  a statement of the strategic objectives of the
1-44     agency relating to information resources management for the next
1-45     five fiscal years, beginning with the fiscal year during which the
1-46     plan is submitted, with a description of how those objectives help
1-47     achieve the agency's programs and goals, and a description of how
1-48     those objectives support and promote the goals and policies of the
1-49     state strategic plan; and
1-50                 (6)  other planning components that the Legislative
1-51     Budget Board [department] may prescribe.
1-52           SECTION 4.  Section 2054.097, Government Code, is amended to
1-53     read as follows:
1-54           Sec. 2054.097.  REVIEW OF AGENCY STRATEGIC PLAN.  (a)  A
1-55     state agency shall send its strategic plan to the Legislative
1-56     Budget Board and the department for review [and approval not later
1-57     than the date prescribed by department rule.  The department shall
1-58     prescribe the date so that it aligns with the date a state agency
1-59     is required to submit its strategic plan under Chapter 2056].
1-60           (b)  [The department shall review and approve or disapprove
1-61     each agency strategic plan not later than the 90th day after the
1-62     date the department receives the plan.]
1-63           [(c)  The department shall notify a state agency of plan
1-64     approval in writing.]
 2-1           [(d)]  The Legislative Budget Board or the department may
 2-2     report to the agency, the governor, the state auditor, and the
 2-3     presiding officer of each house of the legislature that [not
 2-4     disapprove] an agency strategic plan or plan amendment [on the
 2-5     ground that some aspect of the plan] is not best suited to the
 2-6     state agency's execution of its own duty[, but the department may
 2-7     make a finding to that effect and report that finding to the
 2-8     agency, the governor, the state auditor, the Legislative Budget
 2-9     Board, and the presiding officer of each house of the legislature.
2-10     This subsection does not affect the powers of the governor, the
2-11     Legislative Budget Board, or any other entity under other law].
2-12           SECTION 5.  Subsections (a) and (c), Section 2054.100,
2-13     Government Code, are amended to read as follows:
2-14           (a)  Each state agency shall submit an operating plan to the
2-15     Legislative Budget Board [department] each state fiscal biennium in
2-16     accordance with the directions of the Legislative Budget Board [not
2-17     later than the 30th day after the date the General Appropriations
2-18     Act for the biennium becomes law].
2-19           (c)  A state agency shall amend its biennial operating plan
2-20     when necessary to reflect changes in the plan during a biennium.
2-21     At a minimum, an agency shall amend its biennial operating plan to
2-22     reflect significant new or changed information resources
2-23     initiatives or information resources technologies initiatives
2-24     contained in the agency's legislative appropriations request.  Not
2-25     later than the date designated by the Legislative Budget Board in
2-26     its directions [prescribed by department rule], an agency shall
2-27     submit an amended plan to reflect new or changed initiatives
2-28     contained in the agency's legislative appropriations request.
2-29           SECTION 6.  Section 2054.101, Government Code, is amended to
2-30     read as follows:
2-31           Sec. 2054.101.  INSTRUCTIONS FOR PREPARING OPERATING PLANS.
2-32     (a)  The Legislative Budget Board may provide [department by rule
2-33     shall adopt] instructions to guide state agencies in their
2-34     preparation of biennial operating plans.
2-35           (b)  The instructions may [must]:
2-36                 (1)  specify the format of the plans;
2-37                 (2)  specify the information required to be included in
2-38     the plans; and
2-39                 (3)  list the general criteria that the Legislative
2-40     Budget Board may [department will] use to evaluate the plans.
2-41           SECTION 7.  Section 2054.102, Government Code, is amended to
2-42     read as follows:
2-43           Sec. 2054.102.  EVALUATION OF OPERATING PLANS [BY
2-44     DEPARTMENT].  The Legislative Budget Board may [department shall]
2-45     specify procedures for the submission, review, approval, and
2-46     disapproval of biennial operating plans and amendments, including
2-47     procedures for review or reconsideration of the Legislative Budget
2-48     Board's [department's] disapproval of a biennial operating plan or
2-49     biennial operating plan amendment.
2-50           SECTION 8.  Section 2054.103, Government Code, is amended to
2-51     read as follows:
2-52           Sec. 2054.103.  SUBMISSION OF OPERATING PLANS.  Each state
2-53     agency shall send a copy of its biennial operating plan and of any
2-54     amendments to the plan, as approved by the Legislative Budget Board
2-55     [department], to the governor, the department [Legislative Budget
2-56     Board], and the state auditor not later than the 30th day after the
2-57     date the Legislative Budget Board [department] approves the plan or
2-58     amendment, as applicable.
2-59           SECTION 9.  Subsection (a), Section 2054.118, Government
2-60     Code, is amended to read as follows:
2-61           (a)  A state agency may not spend appropriated funds for a
2-62     major information resources project unless the project has been
2-63     approved by the Legislative Budget Board [department] in the
2-64     agency's biennial operating plan.
2-65           SECTION 10.  Section 2054.098, Government Code, is repealed.
2-66           SECTION 11.  This Act takes effect September 1, 2001.
2-67                                  * * * * *