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.