1-1 AN ACT
1-2 relating to the management of state agency and local government
1-3 electronic projects, equipment, and contracts, to the purchase and
1-4 use of certain advanced technological equipment, and to the use of
1-5 outside personnel by the comptroller of public accounts.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
1-8 SECTION 1.01. CREATION OF OFFICE. Subtitle B, Title 10,
1-9 Government Code, is amended by adding Chapter 2055 to read as
1-10 follows:
1-11 CHAPTER 2055. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
1-12 SUBCHAPTER A. GENERAL PROVISIONS
1-13 Sec. 2055.001. DEFINITIONS. In this chapter:
1-14 (1) "Board," "department," "electronic government
1-15 project," "local government," and "TexasOnline" have the meanings
1-16 assigned by Section 2054.003.
1-17 (2) "Institution of higher education" has the meaning
1-18 assigned by Section 61.003, Education Code.
1-19 (3) "Office" means the Electronic Government Program
1-20 Management Office of the department.
1-21 (4) "State agency" has the meaning assigned by Section
1-22 2054.003, except that the term does not include a university system
1-23 or institution of higher education.
1-24 Sec. 2055.002. APPLICABILITY TO INSTITUTIONS OF HIGHER
1-25 EDUCATION. (a) Except as provided by Subsection (b), the
2-1 requirements of this chapter regarding electronic government
2-2 projects do not apply to institutions of higher education.
2-3 (b) Subject to approval by the office, an institution of
2-4 higher education may elect to participate regarding an electronic
2-5 government project of that institution in the same manner as a
2-6 state agency under this chapter. If the institution makes this
2-7 election and the office approves the election, the institution:
2-8 (1) shall comply with this chapter regarding that
2-9 electronic government project in the same manner as a state agency;
2-10 and
2-11 (2) may not withdraw the project from management by
2-12 the office unless the office approves the withdrawal.
2-13 Sec. 2055.003. SUNSET PROVISION. The office is subject to
2-14 Chapter 325 (Texas Sunset Act). Unless continued in existence as
2-15 provided by that chapter, the office is abolished September 1,
2-16 2005.
2-17 (Sections 2055.004-2055.050 reserved for expansion
2-18 SUBCHAPTER B. PROGRAM MANAGEMENT OFFICE
2-19 Sec. 2055.051. CREATION. The department shall create an
2-20 Electronic Government Program Management Office to direct and
2-21 facilitate the implementation of electronic government projects
2-22 selected under this chapter.
2-23 Sec. 2055.052. GENERAL POWERS AND DUTIES. The office shall:
2-24 (1) establish and support standard business practices
2-25 for electronic government projects;
2-26 (2) coordinate and establish standards for
3-1 implementation of electronic government projects;
3-2 (3) identify and incorporate best practices for
3-3 electronic government projects in such areas as:
3-4 (A) the procurement of hardware, software, and
3-5 technology services;
3-6 (B) project support;
3-7 (C) implementation strategies;
3-8 (D) project planning and scheduling;
3-9 (E) quality assurance;
3-10 (F) overall team coordination;
3-11 (G) status reporting; and
3-12 (H) technical standards; and
3-13 (4) provide risk management and quality assurance
3-14 services for electronic government projects.
3-15 Sec. 2055.053. LOCAL GOVERNMENT AND FEDERAL PROJECTS. The
3-16 office may coordinate electronic government projects involving:
3-17 (1) local government; or
3-18 (2) the federal government.
3-19 Sec. 2055.054. COORDINATION AMONG STATE AGENCIES; APPROVAL
3-20 OF SPENDING. (a) In coordination with the Legislative Budget
3-21 Board and the comptroller, the office shall:
3-22 (1) identify the resources necessary for projects and
3-23 opportunities among multiple state agencies for the coordination of
3-24 electronic government projects; and
3-25 (2) approve spending of money for electronic
3-26 government projects by affected state agencies under Section
4-1 2055.101.
4-2 (b) The office shall create state agency coordination teams,
4-3 as appropriate, to reduce information technology expenditures and
4-4 eliminate unnecessary duplication.
4-5 Sec. 2055.055. COOPERATION; STANDARDS. (a) A state agency
4-6 shall:
4-7 (1) cooperate with the department and the office
4-8 regarding electronic government projects; and
4-9 (2) provide to the department, as often as may be
4-10 required and in the format required by the department, all
4-11 information required by the department under this chapter that has
4-12 not already been submitted to the department.
4-13 (b) In requesting cooperation from a state agency under this
4-14 section, the department shall consider the necessity of the request
4-15 as well as the cost to the agency in time and resources.
4-16 (c) The office shall establish standards for state agencies
4-17 to follow in implementing selected electronic government projects
4-18 to ensure maximum savings through cooperation among agencies.
4-19 Sec. 2055.056. QUALITY ASSURANCE. In coordination with the
4-20 state auditor, the Legislative Budget Board, and the affected state
4-21 agency, the office shall provide quality assurance services to
4-22 monitor electronic government projects selected under Section
4-23 2055.101.
4-24 Sec. 2055.057. FUNDING FOR PROGRAM MANAGEMENT OFFICE.
4-25 (a) In coordination with the comptroller, Governor's Office of
4-26 Budget and Planning, state auditor, and Legislative Budget Board,
5-1 the office shall develop a model for funding the office from a
5-2 portion of the money appropriated for projects selected under
5-3 Section 2055.101, including staff necessary for the office.
5-4 (b) The department may include in its appropriations request
5-5 a proposal for funding projects selected under Section 2055.101.
5-6 Sec. 2055.058. TEXASONLINE. (a) The division of the
5-7 department with responsibility for TexasOnline shall coordinate the
5-8 ongoing development of TexasOnline with the office.
5-9 (b) The office shall promote the use of TexasOnline by state
5-10 agencies.
5-11 Sec. 2055.059. USE OF WEST TEXAS DISASTER RECOVERY AND
5-12 OPERATIONS CENTER. (a) In this section, "center" means the West
5-13 Texas Disaster Recovery and Operations Center.
5-14 (b) The office shall use the center for the consolidation of
5-15 data operations and recovery to the extent that using the center
5-16 provides the best value to the state.
5-17 (c) The office shall serve as the state's primary contact
5-18 with the center regarding the consolidation of data operations and
5-19 recovery.
5-20 (d) The office shall encourage increased use of the center
5-21 by state agencies.
5-22 (Sections 2055.060-2055.100 reserved for expansion
5-23 SUBCHAPTER C. MANAGEMENT OF ELECTRONIC GOVERNMENT PROJECTS
5-24 Sec. 2055.101. SELECTION OF ELECTRONIC GOVERNMENT PROJECTS.
5-25 (a) The office, in coordination with the governor, state auditor,
5-26 and Legislative Budget Board, shall develop selection criteria for
6-1 the type of electronic government projects that require direct
6-2 oversight by the office. The criteria must include:
6-3 (1) issues related to interagency cooperation and
6-4 implementation;
6-5 (2) costs, including reimbursement strategies;
6-6 (3) requirements for authentication and security
6-7 implications; and
6-8 (4) the state's strategic vision regarding electronic
6-9 government projects.
6-10 (b) The office shall submit the criteria developed under
6-11 Subsection (a) to the department. The department shall adopt the
6-12 criteria by rule.
6-13 (c) Based on any selection criteria adopted under Subsection
6-14 (b) and in coordination with the governor, state auditor, and
6-15 Legislative Budget Board, the office may select proposed or
6-16 existing electronic government projects.
6-17 Sec. 2055.102. APPEAL OF SELECTION. (a) A state agency
6-18 that disagrees with the selection of an electronic government
6-19 project under Section 2055.101 may appeal to the executive director
6-20 of the department. If the agency disagrees with the executive
6-21 director's decision, the agency may then appeal to the board. If
6-22 the agency disagrees with the board's decision, the agency may then
6-23 appeal to the governor. The governor's decision regarding
6-24 selection is final.
6-25 (b) The department by rule shall adopt appeal procedures.
6-26 Sec. 2055.103. USE OF TEXASONLINE. (a) To the extent
7-1 possible, the office shall use TexasOnline for electronic
7-2 government projects that it manages.
7-3 (b) The office shall evaluate current and potential
7-4 electronic government projects to determine whether they are
7-5 suitable for TexasOnline.
7-6 Sec. 2055.104. ENTERPRISE RESOURCE PLANNING; USE OF OFFICE
7-7 REQUIRED. (a) As used in this section, "enterprise resource
7-8 planning" includes the administration of an entity's:
7-9 (1) general ledger;
7-10 (2) accounts payable;
7-11 (3) accounts receivable;
7-12 (4) budgeting;
7-13 (5) inventory;
7-14 (6) asset management;
7-15 (7) billing;
7-16 (8) payroll;
7-17 (9) projects;
7-18 (10) grants; and
7-19 (11) human resources, including performance measures,
7-20 time spent on tasks, and other personnel and labor issues.
7-21 (b) In coordination with the Health and Human Services
7-22 Commission and the comptroller, the office shall establish
7-23 standards for implementing an electronic government project for
7-24 enterprise resource planning systems in this state. The standards
7-25 must build on the models developed by the commission.
7-26 (c) A state agency that chooses to implement or modify an
8-1 electronic government project for an enterprise resource planning
8-2 system must comply with the standards developed by the office under
8-3 this section.
8-4 Sec. 2055.105. ONLINE SERVICE FOR NEW BUSINESSES. (a) The
8-5 office, with assistance from the business permit office of the
8-6 Texas Department of Economic Development and any other affected
8-7 state agencies, shall develop and implement a plan for the creation
8-8 of an electronic government project to provide new businesses in
8-9 this state a single source for information and permitting.
8-10 (b) The project must:
8-11 (1) be integrated with TexasOnline; and
8-12 (2) provide comprehensive and relevant information for
8-13 a new business, including:
8-14 (A) steps and information necessary to start a
8-15 new business;
8-16 (B) general business regulations;
8-17 (C) information on licensing and permitting; and
8-18 (D) relevant telephone numbers and Internet
8-19 addresses for seeking further information.
8-20 (c) The Texas Department of Economic Development, secretary
8-21 of state, Texas Natural Resource Conservation Commission, Texas
8-22 Department of Licensing and Regulation, Texas Department of
8-23 Transportation, comptroller, and any other state agency involved in
8-24 issuing permits to new businesses shall assist the office in the
8-25 development and operation of the project.
8-26 (d) State agencies shall cooperate with the office to
9-1 structure their procedures to facilitate participation in the
9-2 project.
9-3 Sec. 2055.106. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
9-4 Legislative Oversight Committee for Electronic Government Projects
9-5 is created to oversee the establishment of electronic government
9-6 projects by the office and state agencies.
9-7 (b) The speaker of the house of representatives and the
9-8 lieutenant governor shall appoint the members of the committee and
9-9 assign duties as appropriate.
9-10 (c) The committee is abolished and this section expires
9-11 December 31, 2004.
9-12 (Sections 2055.107-2055.150 reserved for expansion
9-13 SUBCHAPTER D. ADDITIONAL PLANNING, OVERSIGHT, AND REPORTS
9-14 Sec. 2055.151. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
9-15 OFFICE ADVISORY COMMITTEE. (a) The board shall create an
9-16 Electronic Government Program Management Office Advisory Committee
9-17 under Section 2054.033 to provide ongoing direction for the
9-18 operation of the office.
9-19 (b) The board shall appoint not more than 15 members to the
9-20 committee. The committee must include:
9-21 (1) one member from a large state agency;
9-22 (2) one member from a small state agency;
9-23 (3) one member from a state agency not described by
9-24 Subdivision (1) or (2);
9-25 (4) one member from a local government;
9-26 (5) one member from an institution of higher
10-1 education;
10-2 (6) one member from the comptroller's office;
10-3 (7) one member from the governor's office;
10-4 (8) one member from the state auditor's office;
10-5 (9) one member from the Legislative Budget Board; and
10-6 (10) at least two public members, including one member
10-7 who represents a business.
10-8 (c) The committee shall assist the office to:
10-9 (1) establish:
10-10 (A) procedures;
10-11 (B) project priorities; and
10-12 (C) reporting requirements; and
10-13 (2) provide:
10-14 (A) guidance, direction, and perspective about
10-15 the office's operations; and
10-16 (B) recommendations for implementing electronic
10-17 government projects in this state.
10-18 (d) A governmental member of the committee may be reimbursed
10-19 for expenses only from money available to the governmental entity
10-20 the member represents.
10-21 Sec. 2055.152. STRATEGIC AND BIENNIAL OPERATING PLANS. The
10-22 office shall review state agency plans prepared under Sections
10-23 2054.095 and 2054.100 to:
10-24 (1) identify electronic government projects that
10-25 should be selected by the office for management; and
10-26 (2) recommend any changes to those plans or the
11-1 instructions for those plans to ensure that electronic government
11-2 projects are consistent with the state strategic plan.
11-3 Sec. 2055.153. REPORTS ON ELECTRONIC GOVERNMENT PROJECTS.
11-4 (a) In coordination with the quality assurance team of the
11-5 Legislative Budget Board and the state auditor, the office shall
11-6 establish a state agency reporting system that requires state
11-7 agencies to report to the office on:
11-8 (1) electronic government projects selected under
11-9 Section 2055.101 so that the office may effectively monitor those
11-10 projects; and
11-11 (2) all other electronic government projects for that
11-12 agency.
11-13 (b) The reports established under Subsection (a)(1) must
11-14 include an analysis of:
11-15 (1) efficiencies achieved by the project;
11-16 (2) costs and benefits; and
11-17 (3) the scope of the project, including persons
11-18 affected by the project.
11-19 SECTION 1.02. REPORT ON ELECTRONIC GOVERNMENT PROJECTS.
11-20 Subsection (b), Section 2054.055, Government Code, is amended to
11-21 read as follows:
11-22 (b) The report must:
11-23 (1) assess the progress made toward meeting the goals
11-24 and objectives of the state strategic plan for information
11-25 resources management;
11-26 (2) describe major accomplishments of the state or a
12-1 specific state agency in information resources management;
12-2 (3) describe major problems in information resources
12-3 management confronting the state or a specific state agency;
12-4 (4) provide a summary of the total expenditures for
12-5 information resources and information resources technologies by the
12-6 state; [and]
12-7 (5) make recommendations for improving the
12-8 effectiveness and cost-efficiency of the state's use of information
12-9 resources; and
12-10 (6) include a list compiled by the department's
12-11 program management office from the information gathered under
12-12 Sections 2055.152 and 2055.153 of the electronic government
12-13 projects:
12-14 (A) that are managed by the office under Chapter
12-15 2055; and
12-16 (B) that are not yet managed by the office under
12-17 Chapter 2055, but have been selected for management under Chapter
12-18 2055.
12-19 SECTION 1.03. REPORT ON STRATEGIC AND BIENNIAL OPERATING
12-20 PLANS. Not later than November 1, 2001, the Electronic Government
12-21 Program Management Office shall complete its recommendations on
12-22 modifying instructions based on the initial review conducted under
12-23 Section 2055.152, Government Code, as added by this article.
12-24 SECTION 1.04. APPOINTMENT OF LEGISLATIVE OVERSIGHT
12-25 COMMITTEE. Not later than November 15, 2001, the members of the
12-26 Legislative Oversight Committee for Electronic Government Projects
13-1 created under Section 2055.106, Government Code, as added by this
13-2 article, must be designated under that section.
13-3 SECTION 1.05. APPOINTMENT OF ELECTRONIC GOVERNMENT PROGRAM
13-4 MANAGEMENT OFFICE ADVISORY COMMITTEE. Not later than January 15,
13-5 2002, the governing board of the Department of Information
13-6 Resources shall appoint the members of the Electronic Government
13-7 Program Management Office Advisory Committee, as provided by
13-8 Section 2055.151, Government Code, as added by this article.
13-9 SECTION 1.06. ADOPTION OF RULES. Not later than May 31,
13-10 2002, the Department of Information Resources shall adopt the rules
13-11 required by Sections 2055.101 and 2055.102, Government Code, as
13-12 added by this article.
13-13 SECTION 1.07. PLAN. (a) Not later than September 1, 2002,
13-14 the Electronic Government Program Management Office shall complete
13-15 the plan required under Section 2055.105, Government Code, as added
13-16 by this article. The plan must outline the recommendations and
13-17 resources necessary to further develop and implement the Internet
13-18 services provided under that section.
13-19 (b) The business permit office of the Texas Department of
13-20 Economic Development and any other affected state agencies shall
13-21 assist the Electronic Government Program Management Office in
13-22 developing the plan.
13-23 SECTION 1.08. FUNDING DATE. Subsection (c), Section
13-24 2055.101, Government Code, as added by this article, applies only
13-25 to projects to be funded after September 1, 2003.
14-1 ARTICLE 2. TEXASONLINE
14-2 SECTION 2.01. AMENDMENT OF DEFINITIONS. Section 2054.003,
14-3 Government Code, is amended to read as follows:
14-4 Sec. 2054.003. DEFINITIONS. In this chapter:
14-5 (1) "Application" means a separately identifiable and
14-6 interrelated set of information resources technologies that allows
14-7 a state agency to manipulate information resources to support
14-8 specifically defined objectives.
14-9 (2) "Board" means the governing board of the
14-10 Department of Information Resources.
14-11 (3) "Data processing" means information technology
14-12 equipment and related services designed for the automated storage,
14-13 manipulation, and retrieval of data by electronic or mechanical
14-14 means. The term includes:
14-15 (A) central processing units, front-end
14-16 processing units, miniprocessors, microprocessors, and related
14-17 peripheral equipment such as data storage devices, document
14-18 scanners, data entry equipment, terminal controllers, data terminal
14-19 equipment, computer-based word processing systems other than memory
14-20 typewriters, and equipment and systems for computer networks;
14-21 (B) all related services, including feasibility
14-22 studies, systems design, software development, and time-sharing
14-23 services, provided by state employees or others; and
14-24 (C) the programs and routines used to employ and
14-25 control the capabilities of data processing hardware, including
14-26 operating systems, compilers, assemblers, utilities, library
15-1 routines, maintenance routines, applications, and computer
15-2 networking programs.
15-3 (4) "Department" means the Department of Information
15-4 Resources.
15-5 (5) "Electronic government project" means the use of
15-6 information technology to improve the access to and delivery of a
15-7 government service, including a project that uses the Internet as a
15-8 primary tool for the delivery of a government service or
15-9 performance of a governmental function.
15-10 (6) "Executive director" means the executive director
15-11 of the Department of Information Resources.
15-12 (7) [(6)] "Information resources" means the
15-13 procedures, equipment, and software that are employed, designed,
15-14 built, operated, and maintained to collect, record, process, store,
15-15 retrieve, display, and transmit information, and associated
15-16 personnel including consultants and contractors.
15-17 (8) [(7)] "Information resources technologies" means
15-18 data processing and telecommunications hardware, software,
15-19 services, supplies, personnel, facility resources, maintenance, and
15-20 training.
15-21 (9) "Local government" means a county, municipality,
15-22 special district, school district, junior college district, or
15-23 other political subdivision of the state.
15-24 (10) "Program management office" means the Electronic
15-25 Government Program Management Office created by the department
15-26 under Chapter 2055 to manage projects.
16-1 (11) [(8)] "Project" means a program to provide
16-2 information resources technologies support to functions within or
16-3 among elements of a state agency, that ideally is characterized by
16-4 well-defined parameters, specific objectives, common benefits,
16-5 planned activities, a scheduled completion date, and an established
16-6 budget with a specified source of funding.
16-7 (12) [(9)] "State agency" means a department,
16-8 commission, board, office, council, authority, or other agency in
16-9 the executive or judicial branch of state government that is
16-10 created by the constitution or a statute of this state, including a
16-11 university system or institution of higher education as defined by
16-12 Section 61.003, Education Code.
16-13 (13) [(10)] "Telecommunications" means any
16-14 transmission, emission, or reception of signs, signals, writings,
16-15 images, or sounds of intelligence of any nature by wire, radio,
16-16 optical, or other electromagnetic systems. The term includes all
16-17 facilities and equipment performing those functions that are owned,
16-18 leased, or used by state agencies and branches of state government.
16-19 (14) "TexasOnline" means the electronic government
16-20 project or its successor project implemented under Section 2054.062
16-21 or its successor statute.
16-22 SECTION 2.02. USE OF TEXASONLINE. Subchapter F, Chapter
16-23 2054, Government Code, is amended by adding Section 2054.113 to
16-24 read as follows:
16-25 Sec. 2054.113. DUPLICATION WITH TEXASONLINE. (a) This
16-26 section does not apply to a state agency that is a university
17-1 system or institution of higher education as defined by Section
17-2 61.003, Education Code.
17-3 (b) A state agency may not duplicate an infrastructure
17-4 component of TexasOnline unless the program management office
17-5 approves the duplication. In this subsection, "infrastructure"
17-6 does not include the development of applications, and the
17-7 supporting platform, for electronic government projects.
17-8 SECTION 2.03. TEXASONLINE GRANT PROGRAM. Chapter 2054,
17-9 Government Code, is amended by adding Subchapter J to read as
17-10 follows:
17-11 SUBCHAPTER J. TEXASONLINE GRANT PROGRAM
17-12 Sec. 2054.301. CREATION. The TexasOnline grant program is
17-13 created to enable counties, municipalities, and school districts to
17-14 provide electronic government services through TexasOnline.
17-15 Sec. 2054.302. MANAGEMENT. The program management office
17-16 shall:
17-17 (1) manage the TexasOnline grant program;
17-18 (2) establish specific criteria and processes for
17-19 selecting counties, municipalities, and school districts to
17-20 participate in the grant program;
17-21 (3) develop a cost methodology to minimize the amount
17-22 smaller governmental entities must pay for maintenance of services
17-23 through TexasOnline; and
17-24 (4) explore opportunities with the Telecommunications
17-25 Infrastructure Fund Board to develop automatic eligibility or a
17-26 streamlined grant application process for applicants for
18-1 collaborative community networking grants.
18-2 Sec. 2054.303. PREFERENCE FOR DISTRIBUTION OF GRANT MONEY.
18-3 In determining the distribution of grant money under this
18-4 subchapter, the department shall prefer counties, municipalities,
18-5 and school districts located in a strategic investment area, as
18-6 defined by Section 171.721, Tax Code.
18-7 Sec. 2054.304. CONDITIONS. As a condition of receiving a
18-8 grant under this subchapter, a grant recipient must agree to
18-9 maintain online services after the grant period terminates. The
18-10 department and the grant recipient must negotiate and agree on the
18-11 conditions of the grant, including the length of time required for
18-12 maintenance of online services after the grant period ends.
18-13 Sec. 2054.305. USE OF GRANT MONEY. (a) Grant money may be
18-14 used only to:
18-15 (1) pay start-up costs incurred by the use of
18-16 TexasOnline;
18-17 (2) pay for the design and maintenance of websites and
18-18 other online services with program offerings designed to benefit
18-19 counties, municipalities, and school districts through TexasOnline;
18-20 or
18-21 (3) develop, deploy, and maintain information
18-22 technology systems to provide governmental services through
18-23 TexasOnline.
18-24 (b) Grant money may not be used to pay for communications
18-25 links to public or private telecommunication systems, such as the
18-26 state's public telecommunications network or for Internet service
19-1 provider costs.
19-2 Sec. 2054.306. EXPIRATION. This subchapter expires
19-3 September 1, 2003.
19-4 SECTION 2.04. FUNDING CONTINGENCY. The provisions in
19-5 Article 2 of this Act apply to the extent that funds are
19-6 specifically appropriated for the purpose of Article 2 of this Act.
19-7 ARTICLE 3. PROCUREMENT
19-8 SECTION 3.01. Chapter 2177, Government Code, is amended by
19-9 adding Section 2177.0001 to read as follows:
19-10 Sec. 2177.0001. DEFINITIONS. In this chapter:
19-11 (1) "Institution of higher education" has the meaning
19-12 assigned by Section 61.003, Education Code.
19-13 (2) "Political subdivision" includes a school
19-14 district.
19-15 (3) "State agency" has the meaning assigned by Section
19-16 2054.003, except that the term does not include a university system
19-17 or institution of higher education.
19-18 SECTION 3.02. Chapter 2177, Government Code, is amended by
19-19 adding Section 2177.005 to read as follows:
19-20 Sec. 2177.005. APPLICABILITY TO INSTITUTIONS OF HIGHER
19-21 EDUCATION. An institution of higher education may, but is not
19-22 required to, participate in any electronic system established under
19-23 this chapter.
19-24 ARTICLE 4. MISCELLANEOUS INFORMATION RESOURCES ISSUES
19-25 SECTION 4.01. CHIEF INFORMATION OFFICER. Subchapter B,
19-26 Chapter 2054, Government Code, is amended by adding Section
20-1 2054.0285 and amending Section 2054.029 to read as follows:
20-2 Sec. 2054.0285. EXECUTIVE DIRECTOR: CHIEF INFORMATION
20-3 OFFICER; POWERS AND DUTIES. (a) The board shall employ an
20-4 executive director. The executive director is the chief
20-5 information officer for Texas state government.
20-6 (b) The executive director has authority for all aspects of
20-7 information technology for state agencies, including:
20-8 (1) the use of technology to support state goals;
20-9 (2) functional support to state agencies;
20-10 (3) technology purchases;
20-11 (4) deployment of new technology;
20-12 (5) delivery of technology services; and
20-13 (6) provision of leadership on technology issues.
20-14 Sec. 2054.029. [EXECUTIVE DIRECTOR;] STAFF; SEPARATION OF
20-15 RESPONSIBILITIES. (a) The board shall employ [an executive
20-16 director and other] employees necessary to implement its duties.
20-17 (b) The executive director or the executive director's
20-18 designee shall provide to members of the board and to the
20-19 department's employees, as often as necessary, information
20-20 regarding their qualifications for office or employment under this
20-21 chapter and their responsibilities under applicable laws relating
20-22 to standards of conduct for state officers or employees.
20-23 (c) The board shall develop and implement policies that
20-24 clearly separate the policymaking responsibilities of the board and
20-25 the management responsibilities of the executive director and the
20-26 staff of the department.
21-1 SECTION 4.02. VENDOR INCENTIVES. Subchapter C, Chapter
21-2 2054, Government Code, is amended by adding Section 2054.058 to
21-3 read as follows:
21-4 Sec. 2054.058. CONSIDERATION OF VENDOR INCENTIVES. When
21-5 contracting with a vendor to perform a task related to an
21-6 electronic government project, the department shall consider
21-7 methods of payments, including considering whether a percentage of
21-8 money to be saved could be used to provide an incentive to the
21-9 vendor to complete the project on time and under budget.
21-10 SECTION 4.03. PUBLIC INFORMATION EXCEPTION. Subchapter C,
21-11 Chapter 552, Government Code, is amended by adding Section 552.136
21-12 to read as follows:
21-13 Sec. 552.136. EXCEPTION: GOVERNMENT INFORMATION RELATED TO
21-14 SECURITY ISSUES FOR COMPUTERS. (a) Information is excepted from
21-15 the requirements of Section 552.021 if it is information that
21-16 relates to computer network security or to the design, operation,
21-17 or defense of a computer network.
21-18 (b) The following information is confidential:
21-19 (1) a computer network vulnerability report; and
21-20 (2) any other assessment of the extent to which data
21-21 processing operations, a computer, or a computer program, network,
21-22 system, or software of a governmental body or of a contractor of a
21-23 governmental body is vulnerable to unauthorized access or harm,
21-24 including an assessment of the extent to which the governmental
21-25 body's or contractor's electronically stored information is
21-26 vulnerable to alteration, damage, or erasure.
22-1 SECTION 4.04. TEXASONLINE DIVISION. Subchapter I, Chapter
22-2 2054, Government Code, as added by Senate Bill No. 187, Acts of the
22-3 77th Legislature, Regular Session, 2001, is amended by adding
22-4 Section 2054.2645 to read as follows:
22-5 Sec. 2054.2645. SUNSET PROVISION. The division is subject
22-6 to Chapter 325 (Texas Sunset Act). Unless continued in existence
22-7 as provided by that chapter, the division is abolished September 1,
22-8 2005.
22-9 SECTION 4.05. ELECTRONIC GRANTS MANAGEMENT SYSTEM. (a) The
22-10 Department of Information Resources shall study the costs and
22-11 benefits of establishing an electronic grants management system for
22-12 state grant programs.
22-13 (b) The Department of Information Resources may develop a
22-14 plan for, and implement, an electronic grants management system for
22-15 programs that would receive the greatest benefit from the system.
22-16 SECTION 4.06. SPECIFICATIONS FOR ELECTRONIC DATA
22-17 CLEARINGHOUSE. Not later than January 1, 2003, the Department of
22-18 Information Resources, in coordination with the comptroller of
22-19 public accounts and other state agencies, local governments,
22-20 federal agencies, the Texas Conference of Urban Counties, the Texas
22-21 Association of Counties, and the Texas Municipal League, shall
22-22 develop specifications, including procedures and implementation
22-23 methods, for a statewide electronic data clearinghouse. The
22-24 Department of Information Resources shall identify ways to
22-25 streamline and reduce reporting requirements on counties and
22-26 municipalities, when practical, through implementation of the
23-1 clearinghouse.
23-2 ARTICLE 5. COMPTROLLER PROVISIONS ON USE OF ADVANCED EQUIPMENT,
23-3 DATABASES, AND DELEGATION OF TASKS TO OUTSIDE PERSONNEL
23-4 SECTION 5.01. ADVANCED DATABASE FOR AUDITS. Subchapter A,
23-5 Chapter 111, Tax Code, is amended by adding Section 111.0034 to
23-6 read as follows:
23-7 Sec. 111.0034. ADVANCED DATABASE SYSTEM FOR AUDITS.
23-8 (a) The comptroller shall develop an advanced electronic audit
23-9 database system for use by the comptroller's audit division. The
23-10 system must:
23-11 (1) centralize management of audit transaction data;
23-12 (2) enhance the quality control of data; and
23-13 (3) be compatible with other data systems of the
23-14 state.
23-15 (b) The comptroller may contract with a vendor to develop or
23-16 implement the system.
23-17 (c) If the comptroller contracts with a vendor to develop or
23-18 implement the system, the comptroller must protect any confidential
23-19 information provided to the vendor. A person who receives
23-20 confidential information under this section and each employee or
23-21 agent of that person is subject to the same prohibitions against
23-22 disclosure of the information, and the same penalties and sanctions
23-23 for improper disclosure, that apply to the comptroller.
23-24 SECTION 5.02. ADVANCED DATABASE FOR TAX COLLECTIONS. The
23-25 heading for Section 111.0035, Tax Code, is amended to read as
23-26 follows:
24-1 Sec. 111.0035. ADVANCED DATABASE SYSTEM FOR TAX COLLECTIONS.
24-2 SECTION 5.03. OUTSIDE PERSONNEL. Subchapter A, Chapter 111,
24-3 Tax Code, is amended by adding Section 111.0045 to read as follows:
24-4 Sec. 111.0045. USE OF OUTSIDE PERSONNEL; DELEGATION OF
24-5 POWERS. (a) As necessary to enhance productivity, the comptroller
24-6 may employ or contract for the services of accountants, assistants,
24-7 auditors, clerks, information technology specialists, and
24-8 investigators to:
24-9 (1) provide or use the equipment acquired under
24-10 Subchapter G; and
24-11 (2) assist with the administration of this code.
24-12 (b) The comptroller may delegate to persons employed or
24-13 contracted under this section the power to perform duties as
24-14 required.
24-15 SECTION 5.04. ADVANCED EQUIPMENT. Chapter 111, Tax Code, is
24-16 amended by adding Subchapter G to read as follows:
24-17 SUBCHAPTER G. ADVANCED TECHNOLOGY EQUIPMENT
24-18 Sec. 111.351. WIRELESS EQUIPMENT FOR AUDITORS. The
24-19 comptroller shall acquire wireless communication equipment for use
24-20 by its auditors, including wireless modems for laptop computers for
24-21 high-speed, wireless access to comptroller systems.
24-22 Sec. 111.352. COMPUTER AND WIRELESS EQUIPMENT FOR
24-23 ENFORCEMENT STAFF. (a) The comptroller shall acquire portable
24-24 computers with remote or wireless communications equipment for use
24-25 by its enforcement staff.
24-26 (b) The portable computers acquired under this section must
25-1 be integrated with an electronic signature capturing system and
25-2 portable printing capabilities to enhance the security of
25-3 collections made under this chapter.
25-4 (c) The equipment must enable enforcement staff to:
25-5 (1) verify taxpayer claims;
25-6 (2) update taxpayer information from the field; and
25-7 (3) facilitate account updates.
25-8 Sec. 111.353. ADVANCED SCANNERS FOR FIELD OFFICES. The
25-9 comptroller shall acquire advanced scanners for its field offices.
25-10 The scanners must enable enforcement officers to scan enforcement
25-11 data directly into comptroller databases without requiring later
25-12 manual entry.
25-13 ARTICLE 6. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS
25-14 SECTION 6.01. Chapter 32, Education Code, is amended by
25-15 adding Subchapter C to read as follows:
25-16 SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS
25-17 Sec. 32.101. DEFINITION. In this subchapter, "data
25-18 processing" has the meaning assigned by Section 2054.003,
25-19 Government Code.
25-20 Sec. 32.102. AUTHORITY. (a) As provided by this
25-21 subchapter, a school district or open-enrollment charter school may
25-22 transfer to a student enrolled in the district or school:
25-23 (1) any data processing equipment donated to the
25-24 district or school, including equipment donated by:
25-25 (A) a private donor; or
25-26 (B) a state eleemosynary institution or a state
26-1 agency under Section 2175.126, Government Code;
26-2 (2) any equipment purchased by the district or school,
26-3 to the extent consistent with Section 32.105; and
26-4 (3) any surplus or salvage equipment owned by the
26-5 district or school.
26-6 (b) A school district or open-enrollment charter school may
26-7 accept:
26-8 (1) donations of data processing equipment for
26-9 transfer under this subchapter; and
26-10 (2) any gifts, grants, or donations of money or
26-11 services to purchase, refurbish, or repair data processing
26-12 equipment under this subchapter.
26-13 Sec. 32.103. ELIGIBILITY; PREFERENCE. (a) A student is
26-14 eligible to receive data processing equipment under this subchapter
26-15 only if the student does not otherwise have home access to data
26-16 processing equipment, as determined by the student's school
26-17 district or open-enrollment charter school.
26-18 (b) In transferring data processing equipment to students, a
26-19 school district or open-enrollment charter school shall give
26-20 preference to educationally disadvantaged students.
26-21 Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring
26-22 data processing equipment to a student, a school district or
26-23 open-enrollment charter school must:
26-24 (1) adopt rules governing transfers under this
26-25 subchapter, including provisions for technical assistance to the
26-26 student by the district or school;
27-1 (2) determine that the transfer serves a public
27-2 purpose and benefits the district or school; and
27-3 (3) remove from the equipment any offensive,
27-4 confidential, or proprietary information, as determined by the
27-5 district or school.
27-6 Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school district
27-7 or open-enrollment charter school may spend public funds to:
27-8 (1) purchase, refurbish, or repair any data processing
27-9 equipment transferred to a student under this subchapter; and
27-10 (2) store, transport, or transfer data processing
27-11 equipment under this subchapter.
27-12 Sec. 32.106. RETURN OF EQUIPMENT. (a) Except as provided
27-13 by Subsection (b), a student who receives data processing equipment
27-14 from a school district or open-enrollment charter school under this
27-15 subchapter shall return the equipment to the district or school not
27-16 later than the earliest of:
27-17 (1) five years after the date the student receives the
27-18 equipment;
27-19 (2) the date the student graduates;
27-20 (3) the date the student transfers to another school
27-21 district or open-enrollment charter school; or
27-22 (4) the date the student withdraws from school.
27-23 (b) Subsection (a) does not apply if, at the time the
27-24 student is required to return the data processing equipment under
27-25 that subsection, the district or school determines that the
27-26 equipment has no marketable value.
28-1 SECTION 6.02. Section 2175.126, Government Code, is amended
28-2 to read as follows:
28-3 Sec. 2175.126. DISPOSITION OF DATA PROCESSING EQUIPMENT.
28-4 (a) If a disposition of a state agency's surplus or salvage data
28-5 processing equipment is not made under this subchapter, the state
28-6 agency shall transfer the equipment to a school district or
28-7 open-enrollment charter school in this state under Subchapter C,
28-8 Chapter 32, Education Code, or to the Texas Department of Criminal
28-9 Justice. The state agency may not collect a fee or other
28-10 reimbursement from the district, the school, or the Texas
28-11 Department of Criminal Justice for the surplus or salvage data
28-12 processing equipment.
28-13 (b) If a disposition of the surplus or salvage data
28-14 processing equipment of a state eleemosynary institution or an
28-15 institution or agency of higher education is not made under other
28-16 law, the institution or agency shall transfer the equipment to a
28-17 school district or open-enrollment charter school in this state
28-18 under Subchapter C, Chapter 32, Education Code, or to the Texas
28-19 Department of Criminal Justice. The institution or agency may not
28-20 collect a fee or other reimbursement from the district, the school,
28-21 or the Texas Department of Criminal Justice for the surplus or
28-22 salvage data processing equipment.
28-23 ARTICLE 7. EXCEPTIONS TO PUBLIC INFORMATION ACT
28-24 SECTION 7.01. Section 552.104, Government Code, is amended
28-25 to read as follows:
28-26 Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION
29-1 OR BIDDING. (a) Information is excepted from the requirements of
29-2 Section 552.021 if it is information that, if released, would give
29-3 advantage to a competitor or bidder.
29-4 (b) The requirement of Section 552.022 that a category of
29-5 information listed under Section 552.022(a) is public information
29-6 and not excepted from required disclosure under this chapter unless
29-7 expressly confidential under law does not apply to information that
29-8 is excepted from required disclosure under this section.
29-9 SECTION 7.02. Section 552.131, Government Code, as added by
29-10 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
29-11 is amended by adding Subsection (d) to read as follows:
29-12 (d) The requirement of Section 552.022 that a category of
29-13 information listed under Section 552.022(a) is public information
29-14 and not excepted from required disclosure under this chapter unless
29-15 expressly confidential under law does not apply to information that
29-16 is excepted from required disclosure under this section.
29-17 SECTION 7.03. The changes in law made in Sections 552.104
29-18 and 552.131, Government Code, by this article apply only to
29-19 information in the possession of a governmental body or to which
29-20 the governmental body has a right of access on or after the
29-21 effective date of this Act, without regard to the date on which the
29-22 governmental body first possessed or first obtained a right of
29-23 access to the information.
29-24 ARTICLE 8. CONTRACT CLAIMS AGAINST THE STATE
29-25 SECTION 8.01. Subsection (a), Section 2260.003, Government
29-26 Code, is amended to read as follows:
30-1 (a) The total amount of money recoverable on a claim for
30-2 breach of contract under this chapter may not, after deducting the
30-3 amount specified in Subsection (b), exceed an amount equal to the
30-4 sum of:
30-5 (1) the balance due and owing on the contract price;
30-6 and
30-7 (2) the amount or fair market value of orders or
30-8 requests[, including orders] for additional work made by a unit of
30-9 state government to the extent that the orders or requests for
30-10 additional work were actually performed.
30-11 SECTION 8.02. Section 2260.005, Government Code, is amended
30-12 to read as follows:
30-13 Sec. 2260.005. EXCLUSIVE PROCEDURE. Subject to Section
30-14 2260.007, the [The] procedures contained in this chapter are
30-15 exclusive and required prerequisites to suit in accordance with
30-16 Chapter 107, Civil Practice and Remedies Code.
30-17 SECTION 8.03. Subchapter A, Chapter 2260, Government Code,
30-18 is amended by adding Section 2260.007 to read as follows:
30-19 Sec. 2260.007. LEGISLATIVE AUTHORITY RETAINED;
30-20 INTERPRETATION OF CHAPTER. (a) The legislature retains the
30-21 authority to deny or grant a waiver of immunity to suit against a
30-22 unit of state government by statute, resolution, or any other means
30-23 the legislature may determine appropriate.
30-24 (b) This chapter does not:
30-25 (1) divest the legislature of the authority to grant
30-26 permission to sue a unit of state government under terms that the
31-1 legislature may specify in the measure granting the permission;
31-2 (2) require that the legislature, in granting or
31-3 denying permission to sue a unit of state government, comply with
31-4 this chapter; or
31-5 (3) limit the effect of a legislative grant of
31-6 permission to sue a unit of state government unless the grant
31-7 itself provides that this chapter may have that effect.
31-8 SECTION 8.04. (a) Except as provided in Subsection (b), the
31-9 changes in law made to Chapter 2260, Government Code, by this
31-10 article apply only to a contract executed on or after the effective
31-11 date of this Act. A contract executed before the effective date of
31-12 this Act is governed by the law applicable to the contract
31-13 immediately before the effective date of this Act, and that law is
31-14 continued in effect for that purpose.
31-15 (b) A waiver of sovereign immunity to a suit granted by a
31-16 concurrent resolution passed by the 77th Legislature that applies
31-17 to a contract entered into before the effective date of this Act is
31-18 effective according to its terms.
31-19 ARTICLE 9. CONTRACTS FOR REMOVAL OF PROPERTY
31-20 SECTION 9.01. Subchapter B, Chapter 472, Transportation
31-21 Code, is amended by adding Section 472.015 to read as follows:
31-22 Sec. 472.015. CONTRACTS FOR REMOVAL OF PROPERTY. In
31-23 contracting with a private business or businesses for the removal
31-24 of personal property from the right-of-way or roadway of the state
31-25 highway system, the department may:
31-26 (1) use a purchasing method described in Chapter 2156,
32-1 Government Code;
32-2 (2) include the removal work in a contract entered
32-3 into under Chapter 223; or
32-4 (3) select a business or businesses based on an
32-5 evaluation of the experience of the business and the price and
32-6 quality of the business's equipment and services.
32-7 ARTICLE 10. EFFECTIVE DATE
32-8 SECTION 10.01. EFFECTIVE DATE. This Act takes effect
32-9 immediately if it receives a vote of two-thirds of all the members
32-10 elected to each house, as provided by Section 39, Article III,
32-11 Texas Constitution. If this Act does not receive the vote
32-12 necessary for immediate effect, this Act takes effect September 1,
32-13 2001.
S.B. No. 1458
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1458 passed the Senate on
May 3, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; May 25, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee;
May 25, 2001, House granted request of the Senate; May 27, 2001,
Senate adopted Conference Committee Report by the following vote:
Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1458 passed the House, with
amendments, on May 23, 2001, by a non-record vote; May 25, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by the following vote: Yeas 144, Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor