By: Duncan S.B. No. 1457
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment, duties, and operation of a program
1-3 management office to facilitate the development of, access to, and
1-4 utilization of electronic information related to government
1-5 services, programs, and functions of state agencies and political
1-6 subdivisions.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Chapter 2054, Government Code, is amended by
1-9 adding Subchapter J to read as follows:
1-10 SUBCHAPTER J. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
1-11 Sec. 2054.301. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
1-12 OFFICE. (a) The department shall establish an electronic
1-13 government program management office to guide, promote and
1-14 facilitate the implementation of electronic government projects
1-15 selected under Sec. 2054.302.
1-16 (b) The program management office shall:
1-17 (1) establish and support standardized business
1-18 processes for electronic government projects;
1-19 (2) identify and incorporate best practices in state
1-20 information technology projects in such areas as project support,
1-21 implementation strategies, project planning and scheduling, quality
1-22 assurance, team coordination, status reporting, and technical
1-23 standards for electronic government projects;
2-1 (3) consult as necessary with board or department
2-2 advisory committees or other task forces created by the governor,
2-3 lieutenant governor or legislature related to electronic
2-4 government;
2-5 (4) review agency strategic plans prepared in
2-6 accordance with Section 2054.095 and agency biennial operating
2-7 plans prepared in accordance with Section 2054.100 to identify
2-8 electronic government projects that should be facilitated by the
2-9 program management office and recommend any changes to those plans
2-10 to ensure projects are consistent with the state strategic plan;
2-11 (5) include in the performance report prepared under
2-12 Section 2054.055 a list of the electronic government projects that
2-13 will be facilitated by the program management office and the status
2-14 of existing projects;
2-15 (6) coordinate electronic government projects
2-16 involving state agencies;
2-17 (7) provide risk management and quality assurance
2-18 services for electronic government projects, in partnership with
2-19 participating agencies and the quality assurance team of the
2-20 Legislative Budget Board;
2-21 (8) in coordination with the Legislative Budget Board,
2-22 identify resource needs for cross-agency projects and opportunities
2-23 to coordinate agency electronic government projects, and approve
2-24 expenditures of funds for electronic government projects by
2-25 affected state agencies;
2-26 (9) convene cross-agency coordination teams, as
3-1 appropriate, to reduce information technology expenditures and
3-2 eliminate unnecessary duplication;
3-3 (10) establish standards for state agencies to follow
3-4 in implementing selected electronic government projects, to ensure
3-5 maximum savings through cross-agency cooperation and incorporation
3-6 of best practices;
3-7 (11) in coordination with the quality assurance team
3-8 of the Legislative Budget Board, establish a state agency reporting
3-9 system requiring state agencies to report on electronic government
3-10 projects and monitor selected projects as appropriate;
3-11 (12) report annually to the Legislature on the status
3-12 of electronic government projects being monitored by the program
3-13 management office, including savings, cost avoidance, efficiencies,
3-14 potential other projects or areas for standardization and on the
3-15 products and deliverables of the program management office,
3-16 including its cost effectiveness;
3-17 (13) utilize the West Texas Disaster Recovery and
3-18 Operations Center for data operations to the extent feasible, act
3-19 as the state's primary contact for the Center, and encourage
3-20 increased use of the facility by state agencies;
3-21 (c) The program management office may coordinate electronic
3-22 government projects involving local governments and projects
3-23 involving the federal government, where appropriate.
3-24 (d) Each state agency shall cooperate with the department
3-25 and the program management office in all respects concerning
3-26 electronic government, and shall provide to the department as often
4-1 as may be required and in the format required by the department,
4-2 any and all information required by the department pertaining to
4-3 electronic government.
4-4 Sec. 2054.302. SELECTION OF ELECTRONIC GOVERNMENT PROJECTS
4-5 FOR OVERSIGHT. (a) In coordination with the governor, state
4-6 auditor, and the Legislative Budget Board, the program management
4-7 office shall:
4-8 (1) by rule adopted by the department, define an
4-9 electronic government project that will be subject to oversight by
4-10 the program management office, including the selection criteria to
4-11 be used to identify such projects, considering without limitation
4-12 such factors as opportunities for cross-agency collaboration and
4-13 efficiencies, financial exchanges, requirements for authentication
4-14 and security, and the state's strategic vision for electronic
4-15 government;
4-16 (2) recommend any changes needed to the instructions
4-17 for agency strategic plans prepared pursuant to section 2054.095
4-18 and biennial operating plans prepared pursuant to section 2054.101
4-19 to ensure agency identification of electronic government projects
4-20 appropriate for selection.
4-21 (b) A state agency that disagrees with the selection of an
4-22 electronic government project for oversight by the program
4-23 management office may appeal the selection to the executive
4-24 director and then if necessary to the board, and finally to the
4-25 governor. The governor's decision regarding oversight of an
4-26 electronic government project is final. The department shall adopt
5-1 appeal procedures by rule.
5-2 (c) This section does not apply to an electronic government
5-3 project sponsored by an institution of higher education as defined
5-4 by Section 61.003, Education Code. Institutions of higher
5-5 education are encouraged to participate, but such participation is
5-6 at the option of the institution.
5-7 Sec. 2054.303. FUNDING FOR PROGRAM MANAGEMENT OFFICE.
5-8 (a) In coordination with the governor's office of budget and
5-9 planning, the state auditor and the Legislative Budget Board, the
5-10 program management office shall develop a model for funding the
5-11 program management office from a portion of the funds appropriated
5-12 for the projects selected to have central oversight, including
5-13 staffing requirements for the office, for approval by the governor
5-14 and adoption as a department rule.
5-15 (b) State agencies that have electronic government projects
5-16 selected by the program management office shall enter into an
5-17 interagency agreement with the department pursuant to Chapter 771,
5-18 Government Code, to provide for the reimbursement of the department
5-19 for the services of the program management office according to the
5-20 model established in subsection (a).
5-21 (c) A state agency may not, without the prior approval of
5-22 the program management office, spend or encumber money in
5-23 connection with an electronic government project that is selected
5-24 by the program management office for central oversight.
5-25 (d) The program management office, in coordination with the
5-26 Legislative Budget Board and the comptroller, and subject to the
6-1 approval of the governor's office of budget and planning, shall
6-2 establish procedures for approving expenditures to be incurred by
6-3 state agencies for those electronic government projects which are
6-4 selected by the program management office. The procedures shall
6-5 include a review of project implementation and an assessment of
6-6 whether the project is meeting its objectives and complying with
6-7 any standards established by the department.
6-8 (e) This section does not apply to an institution of higher
6-9 education as defined in Section 61.003, Education Code.
6-10 Institutions of higher education are encouraged to participate, but
6-11 such participation is at the option of the institution.
6-12 Sec. 2054.304. CANCELLATION OF ELECTRONIC GOVERNMENT
6-13 PROJECTS OR DENIAL OF ACCESS TO FUNDS. (a) Under rules developed
6-14 by the department, and in coordination with the Legislative Budget
6-15 Board and the governor's office of budget and planning, the program
6-16 management office shall develop criteria for canceling, halting or
6-17 reinstating selected electronic government projects.
6-18 (b) The program management office may recommend to the
6-19 governor that a selected electronic government project be cancelled
6-20 or temporarily halted if the project fails to meet objectives or
6-21 the standards of the department.
6-22 (c) Upon a recommendation from the program management office
6-23 that an electronic government project should be cancelled or
6-24 temporarily halted, the governor may direct the comptroller to deny
6-25 state agency access to the agency's appropriations that relate to
6-26 the development or implementation of the electronic government
7-1 project. The denial of access may continue until the governor is
7-2 satisfied that the electronic government project can be implemented
7-3 efficiently and consistently under the criteria established in this
7-4 section.
7-5 (d) This section does not apply to an institution of higher
7-6 education as defined by Section 61.003, Education Code, unless the
7-7 institution has voluntarily chosen to participate.
7-8 Sec. 2054.305. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
7-9 Legislative Oversight Committee for Electronic Government Projects
7-10 is established and is composed of six members as follows:
7-11 (1) chair of the House Committee on Appropriations or
7-12 a member of the committee assigned by the chair;
7-13 (2) chair of the House Committee on State Affairs;
7-14 (3) one member appointed by the Speaker of the House;
7-15 (4) chair of the Senate Committee on Finance or a
7-16 member of the committee assigned by the chair;
7-17 (5) chair of the Senate Committee on Business and
7-18 Commerce; and
7-19 (6) one member appointed by the lieutenant governor.
7-20 (b) The committee shall:
7-21 (1) oversee and review the implementation of
7-22 electronic government by the program management office and state
7-23 agencies, including policies related to fiscal matters and the cost
7-24 effectiveness of projects of state agencies and the program
7-25 management office;
7-26 (2) review the list of electronic government projects
8-1 that the program management office proposes to select each biennium
8-2 and suggest any revisions to the list;
8-3 (3) provide guidance on recommended criteria for the
8-4 program management office to use in reporting on the effectiveness
8-5 and efficiency of the office and its coordination of electronic
8-6 government, and the schedule for such reports;
8-7 (4) make recommendations to the legislature and the
8-8 board concerning needed changes in technology policy;
8-9 (5) define what constitutes the infrastructure of the
8-10 TexasOnline portal.
8-11 (c) The committee may:
8-12 (1) request reports and other information from the
8-13 board, department, program management office or other state
8-14 agencies relating to electronic government implementation;
8-15 (2) appoint advisory committees composed of citizens
8-16 of the state or experts in technology to advise the committee or
8-17 make recommendations on electronic government;
8-18 (3) hold public hearings and administer oaths and
8-19 issue subpoenas to compel the attendance of witnesses and the
8-20 production of documents as necessary;
8-21 (4) receive information regarding rules that are
8-22 proposed for adoption by the board or department and provide any
8-23 desired comments;
8-24 (5) review the budget for the program management
8-25 office and provide any appropriate comments;
8-26 (6) evaluate best practices in information technology
9-1 and electronic government and recommend ways to implement these
9-2 practices each biennium;
9-3 (7) employ staff as necessary for the performance of
9-4 its duties or may request and use staff provided by the Texas
9-5 Legislative Council or the Legislative Budget Board. Such staff,
9-6 if any, shall be available to all members of the legislature.
9-7 (d) State agencies shall cooperate with and assist the
9-8 committee at the committee's request.
9-9 Sec. 2054.306. PROGRAM MANAGEMENT OFFICE ADVISORY COMMITTEE.
9-10 (a) The board shall establish a program management office advisory
9-11 committee under Section 2054.033 to provide ongoing direction for
9-12 the operations of the program management office.
9-13 (b) The advisory committee shall be composed of up to
9-14 fifteen representatives of selected state agencies, local
9-15 government, institutions of higher education, the comptroller's
9-16 office, the governor's office, private businesses, citizens, and
9-17 other constituencies as determined by the board.
9-18 (c) The advisory committee shall assist the program
9-19 management office in establishing the procedures and reporting
9-20 requirements of the office, provide guidance, direction and
9-21 perspective about the operation of the program management office
9-22 and project priorities, and provide recommendations about the
9-23 implementation of electronic government in the state.
9-24 (d) Any reimbursement of the expenses of a governmental
9-25 member of the committee may be paid only from funds available to
9-26 the governmental entity the member represents.
10-1 Sec. 2054.307. MANAGEMENT OF ENTERPRISE RESOURCE PLANNING
10-2 SYSTEM IMPLEMENTATION. The program management office established
10-3 under this subchapter shall coordinate with the Health and Human
10-4 Services Commission and the comptroller to establish a standardized
10-5 approach for enterprise resource planning system implementation
10-6 that builds on the models developed by the commission. Any state
10-7 agency that chooses to implement new or modified enterprise
10-8 resource planning systems shall do so under the guidelines and
10-9 standards developed by the program management office.
10-10 Sec. 2054.308. TEXASONLINE PORTAL. (a) As used in this
10-11 subchapter, the TexasOnline portal is the common electronic system
10-12 for using the Internet to facilitate electronic interaction between
10-13 state agencies, local governments and members of the public that
10-14 was originally established as, and is a continuation of, the
10-15 demonstration project developed by the Department of Information
10-16 Resources and task force established by Section 2054.062,
10-17 Government Code, as enacted by the 76th Legislature.
10-18 (b) The program management office established under this
10-19 subchapter shall manage the ongoing development of the TexasOnline
10-20 portal or other similar state government portal developed or
10-21 sponsored by the department to facilitate public access to
10-22 electronic government in the state. The program management office
10-23 shall promote full use of the portal by state agencies.
10-24 (c) State agencies that desire to establish a new Internet
10-25 application that duplicates an infrastructure component of the
10-26 TexasOnline portal shall apply for a waiver from the program
11-1 management office. The waiver application should demonstrate a
11-2 business need for implementing an Internet application that
11-3 duplicates portal infrastructure as defined by the legislative
11-4 oversight committee, and the application must show that issues of
11-5 security, disaster recovery, privacy, and development and
11-6 maintenance costs have been adequately considered.
11-7 (d) This section does not apply to institutions of higher
11-8 education as defined by Section 61.003, Education Code unless the
11-9 institution voluntarily chooses to participate.
11-10 SECTION 2. EFFECTIVE DATE. This Act takes effect on
11-11 September 1, 2001.