By: Duncan, Shapleigh S.B. No. 1458
A BILL TO BE ENTITLED
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 OFFICE
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 (Sections 2055.003-2055.050 reserved for expansion
2-14 SUBCHAPTER B. PROGRAM MANAGEMENT OFFICE
2-15 Sec. 2055.051. CREATION. The department shall create an
2-16 Electronic Government Program Management Office to direct and
2-17 facilitate the implementation of electronic government projects
2-18 selected under this chapter.
2-19 Sec. 2055.052. GENERAL POWERS AND DUTIES. The office shall:
2-20 (1) establish and support standard business practices
2-21 for electronic government projects;
2-22 (2) coordinate and establish standards for
2-23 implementation of electronic government projects;
2-24 (3) identify and incorporate best practices for
2-25 electronic government projects in such areas as:
2-26 (A) the procurement of hardware, software, and
3-1 technology services;
3-2 (B) project support;
3-3 (C) implementation strategies;
3-4 (D) project planning and scheduling;
3-5 (E) quality assurance;
3-6 (F) overall team coordination;
3-7 (G) status reporting; and
3-8 (H) technical standards; and
3-9 (4) provide risk management and quality assurance
3-10 services for electronic government projects.
3-11 Sec. 2055.053. LOCAL GOVERNMENT AND FEDERAL PROJECTS. The
3-12 office may coordinate electronic government projects involving:
3-13 (1) local government; or
3-14 (2) the federal government.
3-15 Sec. 2055.054. COORDINATION AMONG STATE AGENCIES; APPROVAL
3-16 OF SPENDING. (a) In coordination with the Legislative Budget
3-17 Board and the comptroller, the office shall:
3-18 (1) identify the resources necessary for projects and
3-19 opportunities among multiple state agencies for the coordination of
3-20 electronic government projects; and
3-21 (2) approve spending of money for electronic
3-22 government projects by affected state agencies under Section
3-23 2055.101.
3-24 (b) The office shall create state agency coordination teams,
3-25 as appropriate, to reduce information technology expenditures and
3-26 eliminate unnecessary duplication.
4-1 Sec. 2055.055. COOPERATION; STANDARDS. (a) A state agency
4-2 shall:
4-3 (1) cooperate with the department and the office
4-4 regarding electronic government projects; and
4-5 (2) provide to the department, as often as may be
4-6 required and in the format required by the department, all
4-7 information required by the department under this chapter that has
4-8 not already been submitted to the department.
4-9 (b) In requesting cooperation from a state agency under this
4-10 section, the department shall consider the necessity of the request
4-11 as well as the cost to the agency in time and resources.
4-12 (c) The office shall establish standards for state agencies
4-13 to follow in implementing selected electronic government projects
4-14 to ensure maximum savings through cooperation among agencies.
4-15 Sec. 2055.056. QUALITY ASSURANCE. In coordination with the
4-16 state auditor, the Legislative Budget Board, and the affected state
4-17 agency, the office shall provide quality assurance services to
4-18 monitor electronic government projects selected under Section
4-19 2055.101.
4-20 Sec. 2055.057. FUNDING FOR PROGRAM MANAGEMENT OFFICE.
4-21 (a) In coordination with the comptroller, Governor's Office of
4-22 Budget and Planning, state auditor, and Legislative Budget Board,
4-23 the office shall develop a model for funding the office from a
4-24 portion of the money appropriated for projects selected under
4-25 Section 2055.101, including staff necessary for the office. The
4-26 office shall submit the model for approval by the governor and
5-1 adoption by the department as a rule.
5-2 (b) Each state agency that has an electronic government
5-3 project selected under Section 2055.101 shall enter into an
5-4 agreement with the department under Chapter 771 to provide
5-5 reimbursement to the department for the services of the office
5-6 according to the model established under Subsection (a).
5-7 Sec. 2055.058. TEXASONLINE. (a) The division of the
5-8 department with responsibility for TexasOnline shall coordinate the
5-9 ongoing development of TexasOnline with the office.
5-10 (b) The office shall promote the use of TexasOnline by state
5-11 agencies.
5-12 Sec. 2055.059. USE OF WEST TEXAS DISASTER RECOVERY AND
5-13 OPERATIONS CENTER. (a) In this section, "center" means the West
5-14 Texas Disaster Recovery and Operations Center.
5-15 (b) The office shall use the center for the consolidation of
5-16 data operations and recovery to the extent that using the center
5-17 provides the best value to the state.
5-18 (c) The office shall serve as the state's primary contact
5-19 with the center regarding the consolidation of data operations and
5-20 recovery.
5-21 (d) The office shall encourage increased use of the center
5-22 by state agencies.
5-23 (Sections 2055.060-2055.100 reserved for expansion
5-24 SUBCHAPTER C. MANAGEMENT OF ELECTRONIC GOVERNMENT PROJECTS
5-25 Sec. 2055.101. SELECTION OF ELECTRONIC GOVERNMENT PROJECTS.
5-26 (a) The office, in coordination with the governor, state auditor,
6-1 and Legislative Budget Board, shall develop selection criteria for
6-2 the type of electronic government projects that require direct
6-3 oversight by the office. The criteria must include:
6-4 (1) issues related to interagency cooperation and
6-5 implementation;
6-6 (2) costs, including reimbursement strategies;
6-7 (3) requirements for authentication and security
6-8 implications; and
6-9 (4) the state's strategic vision regarding electronic
6-10 government projects.
6-11 (b) The office shall submit the criteria developed under
6-12 Subsection (a) to the department. The department shall adopt the
6-13 criteria by rule.
6-14 (c) Based on any selection criteria adopted under Subsection
6-15 (b) and in coordination with the governor, state auditor, and
6-16 Legislative Budget Board, the office may select proposed or
6-17 existing electronic government projects.
6-18 Sec. 2055.102. APPEAL OF SELECTION. (a) A state agency
6-19 that disagrees with the selection of an electronic government
6-20 project under Section 2055.101 may appeal to the executive director
6-21 of the department. If the agency disagrees with the executive
6-22 director's decision, the agency may then appeal to the board. If
6-23 the agency disagrees with the board's decision, the agency may then
6-24 appeal to the governor. The governor's decision regarding
6-25 selection is final.
6-26 (b) The department by rule shall adopt appeal procedures.
7-1 Sec. 2055.103. USE OF TEXASONLINE. (a) To the extent
7-2 possible, the office shall use TexasOnline for electronic
7-3 government projects that it manages.
7-4 (b) The office shall evaluate current and potential
7-5 electronic government projects to determine whether they are
7-6 suitable for TexasOnline.
7-7 Sec. 2055.104. SPENDING ON SELECTED ELECTRONIC GOVERNMENT
7-8 PROJECTS. (a) A state agency must receive the approval of the
7-9 office before the agency may spend or encumber money on an
7-10 electronic government project selected under Section 2055.101. If
7-11 the agency spends money without the approval of the office, the
7-12 office may recommend to the governor that spending for the project
7-13 be terminated under Section 2055.105.
7-14 (b) If a state agency disagrees with the office's refusal to
7-15 approve spending under Subsection (a), the agency may appeal to the
7-16 governor. If the governor agrees with the agency, the office shall
7-17 approve the spending.
7-18 (c) The office, in coordination with the Legislative Budget
7-19 Board and the comptroller and subject to the approval of the
7-20 Governor's Office of Budget and Planning, shall establish
7-21 procedures for approval of spending under Subsection (a). The
7-22 procedures must include:
7-23 (1) a review of project implementation; and
7-24 (2) an assessment of whether the project is meeting
7-25 its objectives and complying with any standards established by the
7-26 department.
8-1 Sec. 2055.105. AUTHORITY TO TERMINATE OR REINSTATE SPENDING
8-2 ON ELECTRONIC GOVERNMENT PROJECTS. (a) In coordination with the
8-3 Legislative Budget Board and the Governor's Office of Budget and
8-4 Planning, the office shall submit criteria to the department for
8-5 terminating or reinstating selected electronic government projects.
8-6 The criteria must consider:
8-7 (1) the state agency's compliance with this chapter;
8-8 (2) the state agency's compliance with department
8-9 rules;
8-10 (3) the success of the project;
8-11 (4) the needs of any affected state agencies; and
8-12 (5) any changes in technology that affect the project.
8-13 (b) The department shall adopt the criteria by rule.
8-14 (c) The office may recommend to the governor that an
8-15 electronic government project selected under Section 2055.101 be
8-16 terminated or temporarily halted if the project fails to meet the
8-17 criteria adopted under Subsection (b).
8-18 (d) On a recommendation from the office that an electronic
8-19 government project should be terminated or temporarily halted, the
8-20 governor may direct the comptroller to deny the state agency access
8-21 to the agency's appropriations that relate to the development or
8-22 implementation of the electronic government project. The denial of
8-23 access continues until the governor is satisfied that the
8-24 electronic government project can be implemented efficiently and
8-25 consistently under the criteria for reinstatement established by
8-26 this section.
9-1 Sec. 2055.106. ENTERPRISE RESOURCE PLANNING; USE OF OFFICE
9-2 REQUIRED. (a) As used in this section, "enterprise resource
9-3 planning" includes the administration of an entity's:
9-4 (1) general ledger;
9-5 (2) accounts payable;
9-6 (3) accounts receivable;
9-7 (4) budgeting;
9-8 (5) inventory;
9-9 (6) asset management;
9-10 (7) billing;
9-11 (8) payroll;
9-12 (9) projects;
9-13 (10) grants; and
9-14 (11) human resources, including performance measures,
9-15 time spent on tasks, and other personnel and labor issues.
9-16 (b) In coordination with the Health and Human Services
9-17 Commission and the comptroller, the office shall establish
9-18 standards for implementing an electronic government project for
9-19 enterprise resource planning systems in this state. The standards
9-20 must build on the models developed by the commission.
9-21 (c) A state agency that chooses to implement or modify an
9-22 electronic government project for an enterprise resource planning
9-23 system must comply with the standards developed by the office under
9-24 this section.
9-25 Sec. 2055.107. ONLINE SERVICE FOR NEW BUSINESSES. (a) The
9-26 office, with assistance from the business permit office of the
10-1 Texas Department of Economic Development and any other affected
10-2 state agencies, shall develop and implement a plan for the creation
10-3 of an electronic government project to provide new businesses in
10-4 this state a single source for information and permitting.
10-5 (b) The project must:
10-6 (1) be integrated with TexasOnline; and
10-7 (2) provide comprehensive and relevant information for
10-8 a new business, including:
10-9 (A) steps and information necessary to start a
10-10 new business;
10-11 (B) general business regulations;
10-12 (C) information on licensing and permitting; and
10-13 (D) relevant telephone numbers and Internet
10-14 addresses for seeking further information.
10-15 (c) The Texas Department of Economic Development, secretary
10-16 of state, Texas Natural Resource Conservation Commission, Texas
10-17 Department of Licensing and Regulation, Texas Department of
10-18 Transportation, comptroller, and any other state agency involved in
10-19 issuing permits to new businesses shall assist the office in the
10-20 development and operation of the project.
10-21 (d) State agencies shall cooperate with the office to
10-22 structure their procedures to facilitate participation in the
10-23 project.
10-24 (Sections 2055.108-2055.150 reserved for expansion
10-25 SUBCHAPTER D. LEGISLATIVE OVERSIGHT COMMITTEE
10-26 Sec. 2055.151. DEFINITION. In this subchapter, "oversight
11-1 committee" means the Legislative Oversight Committee for Electronic
11-2 Government Projects.
11-3 Sec. 2055.152. CREATION. The Legislative Oversight
11-4 Committee for Electronic Government Projects is created to oversee
11-5 the establishment of electronic government projects by the office
11-6 and state agencies.
11-7 Sec. 2055.153. MEMBERS. The oversight committee consists of
11-8 six members, appointed as follows:
11-9 (1) the chair of the house committee on appropriations
11-10 or a member of the committee designated by the chair;
11-11 (2) the chair of the house committee on state affairs
11-12 or a member of the committee designated by the chair;
11-13 (3) one member of the house of representatives,
11-14 appointed by the speaker of the house;
11-15 (4) the chair of the senate committee on finance or a
11-16 member of the committee designated by the chair;
11-17 (5) the chair of the senate committee on state affairs
11-18 or a member of the committee designated by the chair; and
11-19 (6) one member of the senate appointed by the
11-20 lieutenant governor.
11-21 Sec. 2055.154. OFFICERS. (a) The oversight committee shall
11-22 annually select a member to serve as presiding officer.
11-23 (b) The presiding officer shall appoint a vice presiding
11-24 officer from the other house of the legislature.
11-25 Sec. 2055.155. GENERAL POWERS AND DUTIES. (a) The
11-26 oversight committee shall oversee and review the implementation of
12-1 electronic government projects by:
12-2 (1) the office or any other division of the department
12-3 with responsibilities regarding TexasOnline; and
12-4 (2) state agencies, including the state agency with
12-5 primary responsibility for implementing TexasOnline.
12-6 (b) The oversight and review shall include policies related
12-7 to fiscal matters and the cost-effectiveness of the efforts of the
12-8 agencies and the office.
12-9 (c) The oversight committee shall make recommendations to
12-10 the legislature and the board concerning:
12-11 (1) best practices regarding information technology
12-12 and electronic government projects, and methods for implementing
12-13 those practices in this state; and
12-14 (2) changes in legislative technology policy.
12-15 Sec. 2055.156. TEXASONLINE. The oversight committee shall
12-16 recommend, to the state agency with primary responsibility for
12-17 implementing TexasOnline, what constitutes the infrastructure of
12-18 TexasOnline.
12-19 Sec. 2055.157. RESPONSIBILITY FOR REPORTS; BUDGET. (a) The
12-20 oversight committee shall make recommendations to the legislature
12-21 based on reports prepared by:
12-22 (1) the office or any other division of the department
12-23 with responsibilities regarding TexasOnline; and
12-24 (2) the state agency with primary responsibility for
12-25 implementing TexasOnline.
12-26 (b) The oversight committee may:
13-1 (1) request reports and other information from:
13-2 (A) the board;
13-3 (B) the department;
13-4 (C) the office or any other division of the
13-5 department with responsibilities regarding TexasOnline; or
13-6 (D) the state agency with primary responsibility
13-7 for implementing TexasOnline; and
13-8 (2) review and comment on the budget for the office or
13-9 any other division of the department with responsibilities
13-10 regarding TexasOnline.
13-11 Sec. 2055.158. PUBLIC HEARINGS. The oversight committee may
13-12 hold public hearings. The oversight committee may administer oaths
13-13 and issue subpoenas as necessary to compel the attendance of
13-14 witnesses or the production of documents.
13-15 Sec. 2055.159. ADVISORY COMMITTEES. The oversight committee
13-16 may appoint advisory committees to make recommendations regarding
13-17 electronic government projects. In making appointments to an
13-18 advisory committee under this section, the oversight committee may
13-19 include public members, including public members who are experts in
13-20 technology and the implementation of that technology in state
13-21 government.
13-22 Sec. 2055.160. DEPARTMENT OF INFORMATION RESOURCES. The
13-23 department shall consider any comments from the oversight committee
13-24 before adopting rules.
13-25 Sec. 2055.161. STAFF; USE BY LEGISLATURE. (a) The
13-26 oversight committee may employ staff necessary to implement its
14-1 duties.
14-2 (b) On request of the oversight committee, the Legislative
14-3 Budget Board and Texas Legislative Council shall provide staff to
14-4 the oversight committee.
14-5 (c) Any member of the legislature may use staff employed by
14-6 the oversight committee.
14-7 Sec. 2055.162. COOPERATION WITH OTHER STATE AGENCIES. On
14-8 request by the oversight committee, a state agency shall cooperate
14-9 with and assist the oversight committee.
14-10 (Sections 2055.163-2055.200 reserved for expansion
14-11 SUBCHAPTER E. ADDITIONAL PLANNING, OVERSIGHT, AND REPORTS
14-12 Sec. 2055.201. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
14-13 OFFICE ADVISORY COMMITTEE. (a) The board shall create an
14-14 Electronic Government Program Management Office Advisory Committee
14-15 under Section 2054.033 to provide ongoing direction for the
14-16 operation of the office.
14-17 (b) The board shall appoint not more than 15 members to the
14-18 committee. The committee must include:
14-19 (1) one member from a large state agency;
14-20 (2) one member from a small state agency;
14-21 (3) one member from a state agency not described by
14-22 Subdivision (1) or (2);
14-23 (4) one member from a local government;
14-24 (5) one member from an institution of higher
14-25 education;
14-26 (6) one member from the comptroller's office;
15-1 (7) one member from the governor's office;
15-2 (8) one member from the state auditor's office;
15-3 (9) one member from the Legislative Budget Board; and
15-4 (10) at least two public members, including one member
15-5 who represents a business.
15-6 (c) The committee shall assist the office to:
15-7 (1) establish:
15-8 (A) procedures;
15-9 (B) project priorities; and
15-10 (C) reporting requirements; and
15-11 (2) provide:
15-12 (A) guidance, direction, and perspective about
15-13 the office's operations; and
15-14 (B) recommendations for implementing electronic
15-15 government projects in this state.
15-16 (d) A governmental member of the committee may be reimbursed
15-17 for expenses only from money available to the governmental entity
15-18 the member represents.
15-19 Sec. 2055.202. STRATEGIC AND BIENNIAL OPERATING PLANS. The
15-20 office shall review state agency plans prepared under Sections
15-21 2054.095 and 2054.100 to:
15-22 (1) identify electronic government projects that
15-23 should be selected by the office for management; and
15-24 (2) recommend any changes to those plans or the
15-25 instructions for those plans to ensure that electronic government
15-26 projects are consistent with the state strategic plan.
16-1 Sec. 2055.203. REPORTS ON ELECTRONIC GOVERNMENT PROJECTS.
16-2 (a) In coordination with the quality assurance team of the
16-3 Legislative Budget Board and the state auditor, the office shall
16-4 establish a state agency reporting system that requires state
16-5 agencies to report to the office on:
16-6 (1) electronic government projects selected under
16-7 Section 2055.101 so that the office may effectively monitor those
16-8 projects; and
16-9 (2) all other electronic government projects for that
16-10 agency.
16-11 (b) The reports established under Subsection (a)(1) must
16-12 include an analysis of:
16-13 (1) efficiencies achieved by the project;
16-14 (2) costs and benefits; and
16-15 (3) the scope of the project, including persons
16-16 affected by the project.
16-17 Sec. 2055.204. ANNUAL REPORT TO LEGISLATIVE OVERSIGHT
16-18 COMMITTEE. (a) Not later than September 1 of each year, the
16-19 office shall report to the Legislative Oversight Committee for
16-20 Electronic Government Projects on the status of the office and the
16-21 electronic government projects managed by the office, including:
16-22 (1) savings achieved;
16-23 (2) efficiencies achieved;
16-24 (3) other potential projects or areas for
16-25 standardization;
16-26 (4) the services provided by the office;
17-1 (5) the cost-effectiveness of the office; and
17-2 (6) best practices regarding information technology
17-3 and electronic government projects, and methods for implementing
17-4 those practices in this state.
17-5 (b) The Legislative Oversight Committee for Electronic
17-6 Government Projects must review and approve the report before
17-7 appropriate information may be included in the report proposed
17-8 under Section 2054.055.
17-9 SECTION 1.02. REPORT ON ELECTRONIC GOVERNMENT PROJECTS.
17-10 Subsection (b), Section 2054.055, Government Code, is amended to
17-11 read as follows:
17-12 (b) The report must:
17-13 (1) assess the progress made toward meeting the goals
17-14 and objectives of the state strategic plan for information
17-15 resources management;
17-16 (2) describe major accomplishments of the state or a
17-17 specific state agency in information resources management;
17-18 (3) describe major problems in information resources
17-19 management confronting the state or a specific state agency;
17-20 (4) provide a summary of the total expenditures for
17-21 information resources and information resources technologies by the
17-22 state; [and]
17-23 (5) make recommendations for improving the
17-24 effectiveness and cost-efficiency of the state's use of information
17-25 resources;
17-26 (6) include a list compiled by the department's
18-1 program management office from the information gathered under
18-2 Sections 2055.202 and 2055.203 of the electronic government
18-3 projects:
18-4 (A) that are managed by the office under Chapter
18-5 2055; and
18-6 (B) that are not yet managed by the office under
18-7 Chapter 2055, but have been selected for management under Chapter
18-8 2055; and
18-9 (7) include appropriate information from the report
18-10 prepared under Section 2055.204.
18-11 SECTION 1.03. REPORT ON STRATEGIC AND BIENNIAL OPERATING
18-12 PLANS. Not later than November 1, 2001, the Electronic Government
18-13 Program Management Office shall complete its recommendations on
18-14 modifying instructions based on the initial review conducted under
18-15 Section 2055.202, Government Code, as added by this article.
18-16 SECTION 1.04. APPOINTMENT OF LEGISLATIVE OVERSIGHT
18-17 COMMITTEE. Not later than November 15, 2001, the members of the
18-18 Legislative Oversight Committee for Electronic Government Projects
18-19 created under Subchapter D, Chapter 2055, Government Code, as added
18-20 by this article, must be designated as provided under Section
18-21 2055.153, Government Code, as added by this article.
18-22 SECTION 1.05. APPOINTMENT OF ELECTRONIC PROGRAM MANAGEMENT
18-23 OFFICE ADVISORY COMMITTEE. Not later than January 15, 2002, the
18-24 governing board of the Department of Information Resources shall
18-25 appoint the members of the Electronic Government Program Management
18-26 Office Advisory Committee, as provided by Section 2055.201,
19-1 Government Code, as added by this article.
19-2 SECTION 1.06. ADOPTION OF RULES. Not later than May 31,
19-3 2002, the Department of Information Resources shall adopt the rules
19-4 required by Sections 2055.057, 2055.101, 2055.102, and 2055.105,
19-5 Government Code, as added by this article.
19-6 SECTION 1.07. PLAN. (a) Not later than September 1, 2002,
19-7 the Electronic Government Program Management Office shall complete
19-8 the plan required under Section 2055.107, Government Code, as added
19-9 by this article. The plan must outline the recommendations and
19-10 resources necessary to further develop and implement the Internet
19-11 services provided under that section.
19-12 (b) The business permit office of the Texas Department of
19-13 Economic Development and any other affected state agencies shall
19-14 assist the Electronic Government Program Management Office in
19-15 developing the plan.
19-16 ARTICLE 2. CREATION OF SEAT MANAGEMENT OFFICE;
19-17 STUDY ON SEAT MANAGEMENT
19-18 SECTION 2.01. SEAT MANAGEMENT. Chapter 2054, Government
19-19 Code, is amended by adding Subchapter K to read as follows:
19-20 SUBCHAPTER K. SEAT MANAGEMENT
19-21 Sec. 2054.351. DEFINITIONS. In this subchapter:
19-22 (1) "Office" means the seat management office created
19-23 under this subchapter.
19-24 (2) "Seat management" means the seat management method
19-25 described by Section 2054.355(b).
19-26 (3) "State agency" has the meaning assigned by Section
20-1 2054.003, except that the term does not include a university system
20-2 or institution of higher education as defined by Section 61.003,
20-3 Education Code.
20-4 Sec. 2054.352. CREATION. The department shall create a seat
20-5 management office to:
20-6 (1) conduct and evaluate the study under Section
20-7 2054.354;
20-8 (2) make recommendations under Section 2054.355; and
20-9 (3) advise state agencies on seat management issues.
20-10 Sec. 2054.353. CONSULTATION. A state agency shall consult
20-11 with the office:
20-12 (1) before making any decisions regarding seat
20-13 management; and
20-14 (2) if the agency conducts any studies or other
20-15 analyses regarding seat management.
20-16 Sec. 2054.354. TOTAL COST OF OWNERSHIP STUDIES. (a) The
20-17 department shall select 10 to 12 state agencies to participate in a
20-18 pilot study. Each agency shall study the total cost of all
20-19 personal computers and related systems used by the agency,
20-20 including both owned and leased systems. The study must include:
20-21 (1) direct costs, including costs for hardware,
20-22 software, peripheral equipment, networks, management and support
20-23 labor hours, systems development, and communications; and
20-24 (2) indirect costs, including computer downtime and
20-25 end-user training, self-teaching, support, and any other costs
20-26 related to the use of the personal computer.
21-1 (b) An agency selected under this section shall cooperate
21-2 with the department in conducting the study.
21-3 (c) The department, including the office, on request shall
21-4 assist a state agency in complying with this section.
21-5 (d) Not later than May 1, 2002, each selected state agency
21-6 shall report on the results of its study to the department.
21-7 Sec. 2054.355. STUDY AND RECOMMENDATIONS ON USE OF PRIVATE
21-8 CONTRACTORS TO IMPLEMENT SEAT MANAGEMENT. (a) The office shall
21-9 analyze the results of the studies under Section 2054.354 to assess
21-10 the feasibility of establishing a statewide seat management system
21-11 at the time the assessment is completed or at a later time.
21-12 (b) As part of the feasibility study, the office shall
21-13 analyze seat management, through which a state agency transfers its
21-14 personal computer equipment and service responsibilities to a
21-15 private vendor as described by this subsection. The state agency
21-16 would hire a private vendor to manage the personal computing needs
21-17 for each desktop in a state agency, including all necessary
21-18 hardware, software, and support services. Under this method, the
21-19 vendor would be responsible for some or all planning, installation,
21-20 configuration, testing, maintenance, repair, upgrading, training,
21-21 project management, asset management, disposal, and other services
21-22 related to the agency's personal computing needs. Subject to the
21-23 agency's needs and a vendor contract, the vendor selected by the
21-24 agency would satisfy the agency's personal computer needs,
21-25 including:
21-26 (1) personal computer acquisition and support;
22-1 (2) local area networks;
22-2 (3) Internet access;
22-3 (4) electronic mail;
22-4 (5) help-desk support for user questions and
22-5 maintenance requests;
22-6 (6) remote-access needs;
22-7 (7) technology upgrades necessary to keep equipment
22-8 current; and
22-9 (8) any other data, voice, and video communication
22-10 needs.
22-11 (c) The office shall study different types of contracts that
22-12 could be used to implement seat management.
22-13 (d) Not later than November 1, 2002, the office shall report
22-14 its recommendations to the presiding officer of each house of the
22-15 legislature and to the committees of each house of the legislature
22-16 that have primary oversight jurisdiction over the department. The
22-17 recommendations must include:
22-18 (1) whether a statewide seat management plan should be
22-19 implemented;
22-20 (2) a plan, if seat management implementation is
22-21 recommended under Subdivision (1), to transfer selected state
22-22 agency computer equipment and service responsibilities to private
22-23 vendors;
22-24 (3) an estimate of implementation costs;
22-25 (4) an estimate of potential savings due to the
22-26 transfers;
23-1 (5) a plan for the office to develop seat management
23-2 contracts, including the development of a multiple award schedule
23-3 of contracts for use by state agencies;
23-4 (6) procedures for state agencies to:
23-5 (A) follow when a vendor fails to meet the needs
23-6 of the agency; and
23-7 (B) change to a different vendor; and
23-8 (7) proposals to add responsibilities for the office,
23-9 including the responsibility to:
23-10 (A) establish minimum standards for the use of
23-11 seat management by state agencies;
23-12 (B) serve as a best practices repository for
23-13 seat management;
23-14 (C) develop a guidebook on seat management for
23-15 use by state agencies; and
23-16 (D) evaluate and recommend modifications to the
23-17 state's seat management practices.
23-18 Sec. 2054.356. PERSONAL COMPUTER INVENTORY REPORTING BY
23-19 STATE AGENCIES. Not later than September 1, 2002, and September 1,
23-20 2003, each state agency shall provide the office with an inventory
23-21 of all personal computers used by that agency as of June 1, 2002,
23-22 and June 1, 2003, respectively.
23-23 Sec. 2054.357. EXPIRATION. This subchapter expires
23-24 September 1, 2003.
23-25 ARTICLE 3. TEXASONLINE
23-26 SECTION 3.01. AMENDMENT OF DEFINITIONS. Section 2054.003,
24-1 Government Code, is amended to read as follows:
24-2 Sec. 2054.003. DEFINITIONS. In this chapter:
24-3 (1) "Application" means a separately identifiable and
24-4 interrelated set of information resources technologies that allows
24-5 a state agency to manipulate information resources to support
24-6 specifically defined objectives.
24-7 (2) "Board" means the governing board of the
24-8 Department of Information Resources.
24-9 (3) "Data processing" means information technology
24-10 equipment and related services designed for the automated storage,
24-11 manipulation, and retrieval of data by electronic or mechanical
24-12 means. The term includes:
24-13 (A) central processing units, front-end
24-14 processing units, miniprocessors, microprocessors, and related
24-15 peripheral equipment such as data storage devices, document
24-16 scanners, data entry equipment, terminal controllers, data terminal
24-17 equipment, computer-based word processing systems other than memory
24-18 typewriters, and equipment and systems for computer networks;
24-19 (B) all related services, including feasibility
24-20 studies, systems design, software development, and time-sharing
24-21 services, provided by state employees or others; and
24-22 (C) the programs and routines used to employ and
24-23 control the capabilities of data processing hardware, including
24-24 operating systems, compilers, assemblers, utilities, library
24-25 routines, maintenance routines, applications, and computer
24-26 networking programs.
25-1 (4) "Department" means the Department of Information
25-2 Resources.
25-3 (5) "Electronic government project" means the use of
25-4 information technology to improve the access to and delivery of a
25-5 government service, including a project that uses the Internet as a
25-6 primary tool for the delivery of a government service or
25-7 performance of a governmental function.
25-8 (6) "Executive director" means the executive director
25-9 of the Department of Information Resources.
25-10 (7) [(6)] "Information resources" means the
25-11 procedures, equipment, and software that are employed, designed,
25-12 built, operated, and maintained to collect, record, process, store,
25-13 retrieve, display, and transmit information, and associated
25-14 personnel including consultants and contractors.
25-15 (8) [(7)] "Information resources technologies" means
25-16 data processing and telecommunications hardware, software,
25-17 services, supplies, personnel, facility resources, maintenance, and
25-18 training.
25-19 (9) "Local government" means a county, municipality,
25-20 special district, school district, junior college district, or
25-21 other political subdivision of the state.
25-22 (10) "Program management office" means the Electronic
25-23 Government Program Management Office created by the department
25-24 under Chapter 2055 to manage projects.
25-25 (11) [(8)] "Project" means a program to provide
25-26 information resources technologies support to functions within or
26-1 among elements of a state agency, that ideally is characterized by
26-2 well-defined parameters, specific objectives, common benefits,
26-3 planned activities, a scheduled completion date, and an established
26-4 budget with a specified source of funding.
26-5 (12) [(9)] "State agency" means a department,
26-6 commission, board, office, council, authority, or other agency in
26-7 the executive or judicial branch of state government that is
26-8 created by the constitution or a statute of this state, including a
26-9 university system or institution of higher education as defined by
26-10 Section 61.003, Education Code.
26-11 (13) [(10)] "Telecommunications" means any
26-12 transmission, emission, or reception of signs, signals, writings,
26-13 images, or sounds of intelligence of any nature by wire, radio,
26-14 optical, or other electromagnetic systems. The term includes all
26-15 facilities and equipment performing those functions that are owned,
26-16 leased, or used by state agencies and branches of state government.
26-17 (14) "TexasOnline" means the electronic government
26-18 project or its successor project implemented under Section 2054.062
26-19 or its successor statute.
26-20 SECTION 3.02. USE OF TEXASONLINE. Subchapter F, Chapter
26-21 2054, Government Code, is amended by adding Section 2054.113 to
26-22 read as follows:
26-23 Sec. 2054.113. DUPLICATION WITH TEXASONLINE. (a) This
26-24 section does not apply to a state agency that is a university
26-25 system or institution of higher education as defined by Section
26-26 61.003, Education Code.
27-1 (b) A state agency may not duplicate an infrastructure
27-2 component of TexasOnline unless the program management office
27-3 approves the duplication.
27-4 SECTION 3.03. TEXASONLINE GRANT PROGRAM. Chapter 2054,
27-5 Government Code, is amended by adding Subchapter J to read as
27-6 follows:
27-7 SUBCHAPTER J. TEXASONLINE GRANT PROGRAM
27-8 Sec. 2054.301. DEFINITION. In this subchapter, "oversight
27-9 committee" means the interagency oversight committee created under
27-10 Section 2054.304.
27-11 Sec. 2054.302. CREATION. The TexasOnline grant program is
27-12 created to enable counties, municipalities, and school districts to
27-13 provide electronic government services through TexasOnline.
27-14 Sec. 2054.303. MANAGEMENT. The program management office
27-15 shall:
27-16 (1) manage the TexasOnline grant program;
27-17 (2) establish, with input from the oversight
27-18 committee, specific criteria and processes for selecting counties,
27-19 municipalities, and school districts to participate in the grant
27-20 program;
27-21 (3) develop, in coordination with the oversight
27-22 committee, a cost methodology to minimize the amount smaller
27-23 governmental entities must pay for maintenance of services through
27-24 TexasOnline; and
27-25 (4) explore opportunities with the Telecommunications
27-26 Infrastructure Fund Board to develop automatic eligibility or a
28-1 streamlined grant application process for applicants for
28-2 collaborative community networking grants.
28-3 Sec. 2054.304. INTERAGENCY OVERSIGHT COMMITTEE. (a) The
28-4 department shall establish an interagency oversight committee to:
28-5 (1) oversee implementation of the TexasOnline grant
28-6 program; and
28-7 (2) approve the distribution of grants under the
28-8 program.
28-9 (b) The committee membership must consist of representatives
28-10 from:
28-11 (1) the department;
28-12 (2) the comptroller;
28-13 (3) the General Services Commission;
28-14 (4) the Telecommunications Infrastructure Fund Board;
28-15 (5) the Office of Court Administration of the Texas
28-16 Judicial System; and
28-17 (6) any other persons that the department considers
28-18 appropriate.
28-19 (c) The oversight committee shall work with representatives
28-20 of organizations such as the Texas Municipal League, Texas
28-21 Association of Counties, and other organizations to disseminate
28-22 information on the TexasOnline grant program.
28-23 (d) Reimbursement of the expenses of a committee member may
28-24 be paid only from money available to the governmental entity that
28-25 the member represents.
28-26 (e) The oversight committee is not an advisory committee.
29-1 Sec. 2054.305. PREFERENCE FOR DISTRIBUTION OF GRANT MONEY.
29-2 In determining the distribution of grant money under this
29-3 subchapter, the oversight committee shall prefer counties,
29-4 municipalities, and school districts located in a strategic
29-5 investment area, as defined by Section 171.721, Tax Code.
29-6 Sec. 2054.306. CONDITIONS. As a condition of receiving a
29-7 grant under this subchapter, a grant recipient must agree to
29-8 maintain online services after the grant period terminates. The
29-9 oversight committee and the grant recipient must negotiate and
29-10 agree on the conditions of the grant, including the length of time
29-11 required for maintenance of online services after the grant period
29-12 ends.
29-13 Sec. 2054.307. USE OF GRANT MONEY. (a) Grant money may be
29-14 used only to:
29-15 (1) pay start-up costs incurred by the use of
29-16 TexasOnline;
29-17 (2) pay for the design and maintenance of websites and
29-18 other online services with program offerings designed to benefit
29-19 counties, municipalities, and school districts through TexasOnline;
29-20 or
29-21 (3) develop, deploy, and maintain information
29-22 technology systems to provide governmental services through
29-23 TexasOnline.
29-24 (b) Grant money may not be used to pay for communications
29-25 links to public or private telecommunication systems, such as the
29-26 state's public telecommunications network or for Internet service
30-1 provider costs.
30-2 Sec. 2054.308. EXPIRATION. This subchapter expires
30-3 September 1, 2003.
30-4 SECTION 3.04. FUNDING CONTINGENCY. The provisions in
30-5 Article 3 of this Act apply to the extent that funds are
30-6 specifically appropriated for the purpose of Article 3 of this Act.
30-7 SECTION 3.05. ESTABLISHMENT OF INTERAGENCY OVERSIGHT
30-8 COMMITTEE. Not later than January 15, 2002, the Department of
30-9 Information Resources shall establish the interagency oversight
30-10 committee, as provided by Section 2054.304, Government Code, as
30-11 added by this article.
30-12 ARTICLE 4. PROCUREMENT
30-13 SECTION 4.01. Chapter 2177, Government Code, is amended by
30-14 adding Section 2177.0001 to read as follows:
30-15 Sec. 2177.0001. DEFINITIONS. In this chapter:
30-16 (1) "Department" means the Department of Information
30-17 Resources.
30-18 (2) "Electronic procurement system" means a system
30-19 that allows the purchase of goods and services and related
30-20 activities, including access to multiple marketplaces and vendors,
30-21 through an electronic network on the Internet and includes:
30-22 (A) any system created under this chapter; and
30-23 (B) any other electronic system relating to the
30-24 purchase of goods and services implemented by the department or
30-25 accessed through TexasOnline.
30-26 (3) "Institution of higher education" has the meaning
31-1 assigned by Section 61.003, Education Code.
31-2 (4) "Local government" means a county, municipality,
31-3 special district, school district, or any other political
31-4 subdivision of this state.
31-5 (5) "State agency" has the meaning assigned by Section
31-6 2054.003, except that the term does not include a university system
31-7 or institution of higher education.
31-8 (6) "TexasOnline" has the meaning assigned by Section
31-9 2054.003.
31-10 SECTION 4.02. Subsections (d) and (e), Section 2177.001,
31-11 Government Code, are amended to read as follows:
31-12 (d) The commission may make state procurement services
31-13 [information] available to local governments and institutions of
31-14 higher education [political subdivisions] through the electronic
31-15 procurement marketplace on a fee-for-service basis. The commission
31-16 may [shall] set the fees for transactions in an amount that
31-17 recovers the state's costs in providing the access to a local
31-18 government or institution of higher education [political
31-19 subdivision].
31-20 (e) Before developing a contract for the procurement of a
31-21 good or service, a state agency, local government, or institution
31-22 of higher education may use the electronic procurement marketplace
31-23 to determine the most appropriate method for acquiring the good or
31-24 service.
31-25 SECTION 4.03. Section 2177.002, Government Code, is amended
31-26 by amending Subsection (e) and adding Subsection (i) to read as
32-1 follows:
32-2 (e) The commission may allow local governments, institutions
32-3 of higher education, [political subdivisions] and other public
32-4 entities that are members of the commission's cooperative
32-5 purchasing program to participate in the electronic commerce
32-6 network. The commission shall require that a participating
32-7 [political subdivision or other] entity is charged a fee for the
32-8 network services in the same manner that participating state
32-9 agencies are charged fees under Subsection (d).
32-10 (i) If the network is integrated into, or replaced by, an
32-11 electronic procurement system implemented by the department and
32-12 accessed through TexasOnline, the commission and the department
32-13 shall enter into an agreement regarding distribution of the fees
32-14 charged for transactions on the network, to recover the cost of
32-15 TexasOnline.
32-16 SECTION 4.04. Section 2177.003, Government Code, is amended
32-17 to read as follows:
32-18 Sec. 2177.003. PARTICIPATION BY STATE AGENCIES IN ELECTRONIC
32-19 PROCUREMENT SYSTEM [COMMERCE NETWORK]. (a) Each state agency
32-20 shall send to the commission for posting on the electronic
32-21 procurement system [commerce network] information on each
32-22 procurement contract that the commission, in consultation with the
32-23 department, determines is appropriate for electronic procurement
32-24 [the value of which will exceed the amount of the agency's
32-25 delegated purchasing authority under Section 2155.132]:
32-26 (1) without regard to the source of funds the agency
33-1 will use for the procurement; and
33-2 (2) including a procurement that is:
33-3 (A) a procurement by a state agency that is
33-4 otherwise exempt from the commission's purchasing authority;
33-5 (B) made under delegated purchasing authority
33-6 under Section 2155.131;
33-7 [(C) related to a construction project;] or
33-8 (C) [(D)] a procurement of professional or
33-9 consulting services.
33-10 (b) The commission and each participating state agency,
33-11 local government, or institution of higher education shall include
33-12 in the information placed on the electronic procurement system,
33-13 including the electronic commerce network, [to the extent it is
33-14 feasible,] the following information for each procurement that the
33-15 commission will make or that another state agency will make under
33-16 Subsection (a):
33-17 (1) a description of the goods or services to be
33-18 procured;
33-19 (2) the estimated quantity of the goods or services to
33-20 be procured;
33-21 (3) if applicable, the previous price paid by the
33-22 commission or another state agency for the same or similar goods or
33-23 services;
33-24 (4) the estimated date on which the goods or services
33-25 to be procured will be needed; [and]
33-26 (5) the name, business mailing address, and business
34-1 telephone number of the commission employee or other state agency,
34-2 local government, or institution of higher education employee a
34-3 person can contact for further information;
34-4 (6) [to obtain] all necessary information relating to
34-5 making a bid or proposal or other applicable expression of interest
34-6 for the procurement contract, including contract terms; and
34-7 (7) opportunities available to state agencies, local
34-8 governments, and institutions of higher education for price
34-9 discounts on volume purchases under the contract.
34-10 (c) The commission shall also post on the electronic
34-11 procurement system [commerce network] other information relating to
34-12 the business activity of the state that the commission considers to
34-13 be of interest to the public. Each state agency and participating
34-14 local government or institution of higher education shall provide
34-15 the commission with information the commission requires for
34-16 purposes of this subsection in a format prescribed by the
34-17 commission.
34-18 (d) Each state agency that will award a contract that has
34-19 been placed on the electronic procurement system [commerce network]
34-20 under Subsection (a) shall place notification of the awarding of
34-21 the contract on the system [electronic commerce network].
34-22 SECTION 4.05. Section 2155.083, Government Code, is
34-23 transferred to Chapter 2177, Government Code, redesignated as
34-24 Section 2177.004, Government Code, and amended to read as follows:
34-25 Sec. 2177.004 [2155.083]. STATE BUSINESS DAILY; NOTICE
34-26 REGARDING PROCUREMENTS EXCEEDING $25,000. (a) This [Except as
35-1 provided by Subsection (n), this] section applies to each state
35-2 agency making a procurement that will exceed $25,000 in value,
35-3 without regard to the source of funds the agency will use for the
35-4 procurement, including a procurement that:
35-5 (1) is otherwise exempt from the commission's
35-6 purchasing authority or the application of this subtitle;
35-7 (2) is made under delegated purchasing authority;
35-8 (3) is related to a construction project; or
35-9 (4) is a procurement of professional or consulting
35-10 services.
35-11 (b) [In this section, "department" means the Texas
35-12 Department of Commerce.]
35-13 [(c)] The commission [department] each business day shall
35-14 produce and post a business daily in an electronic format. The
35-15 commission [department] shall post in the business daily
35-16 information as prescribed by this section about each state agency
35-17 procurement that will exceed $25,000 in value. The commission
35-18 [department] shall also post in the business daily other
35-19 information relating to the business activity of the state that the
35-20 commission [department] considers to be of interest to the public.
35-21 (c) [(d)] The commission [department] shall make the
35-22 business daily available on the Internet through its information
35-23 service known as the Texas Marketplace or through a suitable
35-24 successor information service that will make the information
35-25 available on the Internet. The commission [department] and each
35-26 state agency shall cooperate in making the electronic business
36-1 daily available.
36-2 (d) [(e)] To accommodate businesses that do not have the
36-3 technical means to access the business daily, governmental and
36-4 nongovernmental entities such as public libraries, chambers of
36-5 commerce, trade associations, small business development centers,
36-6 economic development departments of local governments, and state
36-7 agencies may provide public access to the business daily. A
36-8 governmental entity may recover the direct cost of providing the
36-9 public access only by charging a fee for downloading procurement
36-10 notices and bid or proposal solicitation packages posted in the
36-11 business daily. A nongovernmental entity may use information
36-12 posted in the business daily in providing a service that is more
36-13 than only the downloading of information from the business daily,
36-14 including a service by which appropriate bidders or offerors are
36-15 matched with information that is relevant to those bidders or
36-16 offerors, and may charge a lawful fee that the entity considers
36-17 appropriate for the service.
36-18 (e) [(f)] The commission [department] and other state
36-19 agencies may not charge a fee designed to recover the cost of
36-20 preparing and gathering the information that is published in the
36-21 business daily. These costs are considered part of a procuring
36-22 agency's responsibility to publicly inform potential bidders or
36-23 offerors of its procurement opportunities.
36-24 (f) [(g)] A state agency shall post in the business daily
36-25 either the entire bid or proposal solicitation package or a notice
36-26 that includes all information necessary to make a successful bid,
37-1 proposal, or other applicable expression of interest for the
37-2 procurement contract, including at a minimum the following
37-3 information for each procurement that the state agency will make
37-4 that is estimated to exceed $25,000 in value:
37-5 (1) a brief description of the goods or services to be
37-6 procured and any applicable state product or service codes for the
37-7 goods and services;
37-8 (2) the last date on which bids, proposals, or other
37-9 applicable expressions of interest will be accepted;
37-10 (3) the estimated quantity of goods or services to be
37-11 procured;
37-12 (4) if applicable, the previous price paid by the
37-13 state agency for the same or similar goods or services;
37-14 (5) the estimated date on which the goods or services
37-15 to be procured will be needed; and
37-16 (6) the name, business mailing address, and business
37-17 telephone number of the state agency employee a person may contact
37-18 to inquire about all necessary information related to making a bid
37-19 or proposal or other applicable expression of interest for the
37-20 procurement contract.
37-21 (g) [(h)] The state agency shall continue to either:
37-22 (1) post notice of the procurement in accordance with
37-23 Subsection (f) [(g)] until the latest of 21 calendar days after the
37-24 date the notice is first posted; the date the state agency will no
37-25 longer accept bids, proposals, or other applicable expressions of
37-26 interest for the procurement; or the date the state agency decides
38-1 not to make the procurement; or
38-2 (2) post the entire bid or proposal solicitation
38-3 package in accordance with Subsection (f) [(g)] until the latest of
38-4 14 calendar days after the date the bid or proposal solicitation
38-5 package is first posted; the date the state agency will no longer
38-6 accept bids, proposals, or other applicable expressions of interest
38-7 for the procurement; or the date the state agency decides not to
38-8 make the procurement.
38-9 (h) [(i)] A state agency may not award the procurement
38-10 contract and shall continue to accept bids or proposals or other
38-11 applicable expressions of interest for the procurement contract for
38-12 at least 21 calendar days after the date the state agency first
38-13 posted notice of the procurement in accordance with Subsection (f)
38-14 [(g)] or 14 calendar days after the date the state agency first
38-15 posted the entire bid or proposal solicitation package in
38-16 accordance with Subsection (f) [(g)], as applicable. The minimum
38-17 time for posting required by this subsection and Subsection (g)
38-18 [(h)] does not apply in an emergency requiring the state agency to
38-19 make the procurement more quickly to prevent a hazard to life,
38-20 health, safety, welfare, or property or to avoid undue additional
38-21 cost to the state.
38-22 (i) [(j)] A contract or procurement award made by a state
38-23 agency that violates the applicable minimum time for posting
38-24 required by Subsections (g) [(h)] and (h) [(i)] is void.
38-25 (j) [(k)] Each state agency that will award a procurement
38-26 contract estimated to exceed $25,000 in value shall send to the
39-1 commission [department]:
39-2 (1) the information the commission [department]
39-3 requires for posting in the state business daily under this
39-4 section; and
39-5 (2) a notice when the procurement contract has been
39-6 awarded or when the state agency has decided to not make the
39-7 procurement.
39-8 (k) [(l)] The commission [department] may adopt rules,
39-9 prescribe forms, and require information to administer this
39-10 section. The commission [department] shall send any proposed rules
39-11 to the governor, Legislative Budget Board, comptroller, state
39-12 auditor, and commission for review and comment. The commission's
39-13 [department's] rules shall require that each state agency, to the
39-14 extent feasible, shall directly and electronically post its own
39-15 notices or solicitation packages under Subsections (f) [(g)] and
39-16 (g) [(h)].
39-17 (l) [(m)] The requirements of this section are in addition
39-18 to the requirements of other law relating to the solicitation of
39-19 bids, proposals, or expressions of interest for a procurement by a
39-20 state agency. This section does not affect whether a state agency
39-21 is required to award a procurement contract through competitive
39-22 bidding, competitive sealed proposals, or another method.
39-23 (m) [(n)] This section does not apply to a state agency to
39-24 which Section 51.9335 or 73.115, Education Code, applies.
39-25 SECTION 4.06. Chapter 2177, Government Code, is amended by
39-26 adding Section 2177.005 to read as follows:
40-1 Sec. 2177.005. APPLICABILITY TO INSTITUTIONS OF HIGHER
40-2 EDUCATION. An institution of higher education may, but is not
40-3 required to, participate in any electronic procurement system
40-4 established under this chapter.
40-5 ARTICLE 5. STUDY AND REPORT ON ELECTRONIC GRANTS SYSTEM
40-6 SECTION 5.01. STUDY AND REPORT. (a) In this section:
40-7 (1) "Department" means the Department of Information
40-8 Resources.
40-9 (2) "State agency" has the meaning assigned by Section
40-10 2054.003, Government Code, as amended by Article 3 of this Act,
40-11 except that the term does not include a university system or
40-12 institution of higher education as defined by Section 61.003,
40-13 Education Code.
40-14 (b) The department shall study the costs and benefits of
40-15 establishing a statewide electronic grants management system to:
40-16 (1) increase the awareness of grant availability;
40-17 (2) provide a single place for accessing grant
40-18 information;
40-19 (3) provide a searchable database of grant
40-20 opportunities organized by criteria that include grant topic, the
40-21 types of persons eligible for the grants, and the grant amount;
40-22 (4) allow electronic grant applications;
40-23 (5) simplify grant application and grant management
40-24 processes; and
40-25 (6) improve the tracking and monitoring of pending and
40-26 awarded grants.
41-1 (c) The study must identify:
41-2 (1) each state agency that offers grants; and
41-3 (2) the types of persons affected by the grants,
41-4 including groups that apply for the grants and the groups served by
41-5 grant funds.
41-6 (d) The study must consider:
41-7 (1) whether available software to track grants can be
41-8 used in an electronic grants management system in this state;
41-9 (2) the feasibility and benefits of using TexasOnline,
41-10 as defined by Section 2054.003, Government Code, as amended by
41-11 Article 3 of this Act, or another Internet site designated by the
41-12 department to facilitate public access; and
41-13 (3) the following methods to lower the costs of
41-14 providing an electronic grants management system:
41-15 (A) partnerships between governmental entities
41-16 and the private sector;
41-17 (B) options for seeking reimbursement of costs,
41-18 including convenience fees or subscription fees; and
41-19 (C) any other innovative options, as determined
41-20 by the department.
41-21 (e) The department may request from the Electronic Grants
41-22 Technical Assistance Workgroup information related to opportunities
41-23 for improving grant management through:
41-24 (1) improved technology; and
41-25 (2) sharing state information resources.
41-26 (f) Not later than September 1, 2002, the department shall
42-1 report on the findings of the study to:
42-2 (1) the governor;
42-3 (2) the lieutenant governor; and
42-4 (3) the speaker of the house of representatives.
42-5 (g) If the report recommends implementation of a statewide
42-6 electronic grants management system, the department may develop a
42-7 plan and begin implementation of a statewide electronic grants
42-8 management system based on the plan, the report's recommendations,
42-9 and the findings of the study.
42-10 ARTICLE 6. CONTRACT MANAGEMENT
42-11 SECTION 6.01. USE OF LOCAL GOVERNMENT CONTRACTS. Section
42-12 2155.079, Government Code, is amended to read as follows:
42-13 Sec. 2155.079. BUYING UNDER CONTRACT ESTABLISHED BY AGENCY
42-14 OTHER THAN COMMISSION. (a) In this section, "local government"
42-15 means a county, municipality, special district, school district,
42-16 junior college district, or other political subdivision of the
42-17 state.
42-18 (b) The commission shall adopt rules specifying the
42-19 circumstances under which it is not advantageous for the state to
42-20 allow a state agency to purchase goods or services under a contract
42-21 made by:
42-22 (1) another state agency other than the commission; or
42-23 (2) a local government.
42-24 (c) [(b)] If commission rules allow other agencies to make
42-25 purchases under a contract entered into by an agency using
42-26 delegated purchasing authority, the agency purchasing under
43-1 delegated authority may offer the goods or services available under
43-2 the contract to other agencies or local governments [only if the
43-3 agency first:]
43-4 [(1) establishes that the goods or services being
43-5 offered under its contract are not available under a contract
43-6 administered by the commission; and]
43-7 [(2) informs the commission of the terms of the
43-8 contract and the capabilities of the vendor].
43-9 SECTION 6.02. ADOPTION OF RULES. Not later than February
43-10 28, 2002, the General Services Commission shall adopt the rules
43-11 required by Section 2155.079, Government Code, as amended by this
43-12 article.
43-13 ARTICLE 7. EMPLOYMENT
43-14 SECTION 7.01. CREATION OF ONLINE EMPLOYMENT OPENINGS SYSTEM.
43-15 Subchapter A, Chapter 656, Government Code, is amended by adding
43-16 Sections 656.002 and 656.003 to read as follows:
43-17 Sec. 656.002. ONLINE EMPLOYMENT OPENINGS SYSTEM. (a) In
43-18 this section, "state agency" has the meaning assigned by Section
43-19 2054.003, except that the term does not include a university system
43-20 or institution of higher education as defined by Section 61.003,
43-21 Education Code.
43-22 (b) The Department of Information Resources shall work with
43-23 the Texas Workforce Commission and other state agencies to create a
43-24 system for listing state agency employment openings on the
43-25 Internet.
43-26 (c) Characteristics of the system must include to the extent
44-1 feasible:
44-2 (1) the use of existing technical infrastructure and
44-3 specialty job bulletin boards when the cost is equal to or less
44-4 than the cost of building a separate infrastructure;
44-5 (2) real-time communication between an applicant for
44-6 state employment and a state agency;
44-7 (3) immediate matching of an applicant to a listing
44-8 based on the applicant's qualifications;
44-9 (4) the ability to allow an applicant to complete one
44-10 state application online and enter the application in a single
44-11 database from which the applicant may electronically send the
44-12 application to multiple state agencies;
44-13 (5) the ability to allow an applicant to enter a
44-14 resume into an online database from which the applicant may
44-15 electronically send the resume to a state agency;
44-16 (6) the ability of a state agency to list employment
44-17 openings electronically with limited keystrokes from one Internet
44-18 site; and
44-19 (7) the ability to generate management information
44-20 such as the number of visits to a state agency employment listing,
44-21 the number of applicants for each opening, the number of applicants
44-22 hired for each listing, the time from listing to filling an
44-23 opening, and the frequency and volume of listings by type.
44-24 Sec. 656.003. ACCESS TO EMPLOYMENT OPENINGS INFORMATION.
44-25 The Texas Workforce Commission shall make computers available to
44-26 the public at its field offices to ensure access to information
45-1 about employment openings.
45-2 SECTION 7.02. LISTING OF JOB NOTICES. Section 656.024,
45-3 Government Code, is amended to read as follows:
45-4 Sec. 656.024. PUBLIC NOTICE OF JOB VACANCIES. The
45-5 commission shall publicly list, in accordance with the commission's
45-6 procedures, [for at least 10 working days,] each notice of a job
45-7 vacancy delivered under Section 656.022 [unless the commission is
45-8 sooner notified by the state agency having the vacancy that the
45-9 vacancy has been filled].
45-10 ARTICLE 8. ADDITIONAL REPORTING REQUIREMENTS
45-11 SECTION 8.01. STUDY. (a) Not later than September 1, 2002,
45-12 the Department of Information Resources shall study the
45-13 instructions used for preparing agency strategic plans under
45-14 Section 2054.095, Government Code. The study must:
45-15 (1) examine ways to ensure that plans are timely and
45-16 useful for state agencies and for the strategic planning process;
45-17 and
45-18 (2) consider whether changes in the instructions are
45-19 needed regarding the content, frequency, and use of strategic
45-20 plans.
45-21 (b) The Department of Information Resources shall adopt
45-22 revised instructions under Section 2054.095, Government Code, based
45-23 on the results of the study.
45-24 SECTION 8.02. SPECIFICATIONS FOR ELECTRONIC DATA
45-25 CLEARINGHOUSE; REPORT. (a) In this section, "department" means
45-26 the Department of Information Resources.
46-1 (b) The department, in coordination with the comptroller of
46-2 public accounts and other state agencies, local governments,
46-3 federal agencies, the Texas Conference of Urban Counties, the Texas
46-4 Association of Counties, and the Texas Municipal League, shall
46-5 develop specifications, including procedures and implementation
46-6 methods, for a statewide electronic data clearinghouse. The
46-7 department shall develop options for funding the maintenance or
46-8 expansion of the clearinghouse, such as using resources from
46-9 participating governmental entities to recoup the costs. Each
46-10 option must address the potential impact on participation by
46-11 governmental entities. Not later than January 1, 2003, the
46-12 department shall provide a report containing the recommendations,
46-13 specifications, and funding options developed under this subsection
46-14 to:
46-15 (1) the governor;
46-16 (2) the lieutenant governor; and
46-17 (3) the speaker of the house of representatives.
46-18 (c) Not later than August 31, 2003, the department shall
46-19 develop policies, procedures, data standards, training materials,
46-20 and perform any other duties necessary to prepare for the
46-21 establishment of the clearinghouse by August 31, 2004.
46-22 SECTION 8.03. REPORT ON REPORTING REQUIREMENTS FOR COUNTIES
46-23 AND MUNICIPALITIES. (a) In this section, "department" means the
46-24 Department of Information Resources.
46-25 (b) The department shall comprehensively examine all state
46-26 reporting requirements for counties and municipalities. The goal
47-1 of the examination is to:
47-2 (1) minimize the amount of reporting requirements;
47-3 (2) standardize state reporting requirements;
47-4 (3) consolidate reports;
47-5 (4) eliminate reports that are no longer necessary;
47-6 (5) improve access to data by all levels of government
47-7 and the public; and
47-8 (6) automate reporting.
47-9 (c) The examination must include an inventory of all reports
47-10 that counties and municipalities must produce in response to state
47-11 requirements. The inventory must also show the current status of
47-12 electronic reporting.
47-13 (d) Not later than January 15, 2002, the Legislative
47-14 Oversight Committee for Electronic Government Projects created
47-15 under Section 2055.152, Government Code, as added by Article 1 of
47-16 this Act, shall appoint a working group composed of representatives
47-17 of the comptroller of public account's office, other state
47-18 agencies, and local governments.
47-19 (e) Based on the examination made under Subsection (c) of
47-20 this section, and in coordination with the working group, not later
47-21 than January 1, 2003, the department shall report on its
47-22 recommendations for streamlining and reducing reporting
47-23 requirements on counties and municipalities to:
47-24 (1) the lieutenant governor;
47-25 (2) the speaker of the house of representatives; and
47-26 (3) the Legislative Oversight Committee for Electronic
48-1 Government Projects.
48-2 ARTICLE 9. MISCELLANEOUS INFORMATION RESOURCES ISSUES
48-3 SECTION 9.01. CHIEF INFORMATION OFFICER. Subchapter B,
48-4 Chapter 2054, Government Code, is amended by adding Section
48-5 2054.0285 and amending Section 2054.029 to read as follows:
48-6 Sec. 2054.0285. EXECUTIVE DIRECTOR: CHIEF INFORMATION
48-7 OFFICER; POWERS AND DUTIES. (a) The board shall employ an
48-8 executive director. The executive director is the chief
48-9 information officer for Texas state government.
48-10 (b) The executive director has authority for all aspects of
48-11 information technology for state agencies, including:
48-12 (1) the use of technology to support state goals;
48-13 (2) functional support to state agencies;
48-14 (3) technology purchases;
48-15 (4) deployment of new technology;
48-16 (5) delivery of technology services; and
48-17 (6) provision of leadership on technology issues.
48-18 Sec. 2054.029. [EXECUTIVE DIRECTOR;] STAFF; SEPARATION OF
48-19 RESPONSIBILITIES. (a) The board shall employ [an executive
48-20 director and other] employees necessary to implement its duties.
48-21 (b) The executive director or the executive director's
48-22 designee shall provide to members of the board and to the
48-23 department's employees, as often as necessary, information
48-24 regarding their qualifications for office or employment under this
48-25 chapter and their responsibilities under applicable laws relating
48-26 to standards of conduct for state officers or employees.
49-1 (c) The board shall develop and implement policies that
49-2 clearly separate the policymaking responsibilities of the board and
49-3 the management responsibilities of the executive director and the
49-4 staff of the department.
49-5 SECTION 9.02. VENDOR INCENTIVES. Subchapter C, Chapter
49-6 2054, Government Code, is amended by adding Section 2054.058 to
49-7 read as follows:
49-8 Sec. 2054.058. CONSIDERATION OF VENDOR INCENTIVES. When
49-9 contracting with a vendor to perform a task related to an
49-10 electronic government project, the department shall consider
49-11 methods of payments, including considering whether a percentage of
49-12 money to be saved could be used to provide an incentive to the
49-13 vendor to complete the project on time and under budget.
49-14 SECTION 9.03. PUBLIC INFORMATION EXCEPTION. Subchapter C,
49-15 Chapter 552, Government Code, is amended by adding Section 552.136
49-16 to read as follows:
49-17 Sec. 552.136. EXCEPTION: GOVERNMENT INFORMATION RELATED TO
49-18 SECURITY ISSUES FOR COMPUTERS. (a) Information is excepted from
49-19 the requirements of Section 552.021 if it is information that
49-20 relates to computer network security or to the design, operation,
49-21 or defense of a computer network.
49-22 (b) The following information is confidential:
49-23 (1) a computer network vulnerability report; and
49-24 (2) any other assessment of the extent to which data
49-25 processing operations, a computer, or a computer program, network,
49-26 system, or software of a governmental body or of a contractor of a
50-1 governmental body is vulnerable to unauthorized access or harm,
50-2 including an assessment of the extent to which the governmental
50-3 body's or contractor's electronically stored information is
50-4 vulnerable to alteration, damage, or erasure.
50-5 ARTICLE 10. COMPTROLLER PROVISIONS ON USE OF ADVANCED EQUIPMENT,
50-6 DATABASES, AND DELEGATION OF TASKS TO OUTSIDE PERSONNEL
50-7 SECTION 10.01. ADVANCED DATABASE FOR AUDITS. Subchapter A,
50-8 Chapter 111, Tax Code, is amended by adding Section 111.0034 to
50-9 read as follows:
50-10 Sec. 111.0034. ADVANCED DATABASE SYSTEM FOR AUDITS.
50-11 (a) The comptroller shall develop an advanced electronic audit
50-12 database system for use by the comptroller's audit division. The
50-13 system must:
50-14 (1) centralize management of audit transaction data;
50-15 (2) enhance the quality control of data; and
50-16 (3) be compatible with other data systems of the
50-17 state.
50-18 (b) The comptroller may contract with a vendor to develop or
50-19 implement the system.
50-20 (c) If the comptroller contracts with a vendor to develop or
50-21 implement the system, the comptroller must protect any confidential
50-22 information provided to the vendor. A person who receives
50-23 confidential information under this section and each employee or
50-24 agent of that person is subject to the same prohibitions against
50-25 disclosure of the information, and the same penalties and sanctions
50-26 for improper disclosure, that apply to the comptroller.
51-1 SECTION 10.02. ADVANCED DATABASE FOR TAX COLLECTIONS. The
51-2 heading for Section 111.0035, Tax Code, is amended to read as
51-3 follows:
51-4 Sec. 111.0035. ADVANCED DATABASE SYSTEM FOR TAX COLLECTIONS.
51-5 SECTION 10.03. OUTSIDE PERSONNEL. Subchapter A, Chapter
51-6 111, is amended by adding Section 111.0045 to read as follows:
51-7 Sec. 111.0045. USE OF OUTSIDE PERSONNEL; DELEGATION OF
51-8 POWERS. (a) As necessary to enhance productivity, the comptroller
51-9 may employ or contract for the services of accountants, assistants,
51-10 auditors, clerks, information technology specialists, and
51-11 investigators to:
51-12 (1) provide or use the equipment acquired under
51-13 Subchapter G; and
51-14 (2) assist with the administration of this code.
51-15 (b) The comptroller may delegate to persons employed or
51-16 contracted under this section the power to perform duties as
51-17 required.
51-18 SECTION 10.04. ADVANCED EQUIPMENT. Chapter 111, Tax Code,
51-19 is amended by adding Subchapter G to read as follows:
51-20 SUBCHAPTER G. ADVANCED TECHNOLOGY EQUIPMENT
51-21 Sec. 111.351. WIRELESS EQUIPMENT FOR AUDITORS. The
51-22 comptroller shall acquire wireless communication equipment for use
51-23 by its auditors, including wireless modems for laptop computers for
51-24 high-speed, wireless access to comptroller systems.
51-25 Sec. 111.352. COMPUTER AND WIRELESS EQUIPMENT FOR
51-26 ENFORCEMENT STAFF. (a) The comptroller shall acquire portable
52-1 computers with remote or wireless communications equipment for use
52-2 by its enforcement staff.
52-3 (b) The portable computers acquired under this section must
52-4 be integrated with an electronic signature capturing system and
52-5 portable printing capabilities to enhance the security of
52-6 collections made under this chapter.
52-7 (c) The equipment must enable enforcement staff to:
52-8 (1) verify taxpayer claims;
52-9 (2) update taxpayer information from the field; and
52-10 (3) facilitate account updates.
52-11 Sec. 111.353. ADVANCED SCANNERS FOR FIELD OFFICES. The
52-12 comptroller shall acquire advanced scanners for its field offices.
52-13 The scanners must enable enforcement officers to scan enforcement
52-14 data directly into comptroller databases without requiring later
52-15 manual entry.
52-16 ARTICLE 11. EFFECTIVE DATE
52-17 SECTION 11.01. EFFECTIVE DATE. This Act takes effect
52-18 immediately if it receives a vote of two-thirds of all the members
52-19 elected to each house, as provided by Section 39, Article III,
52-20 Texas Constitution. If this Act does not receive the vote
52-21 necessary for immediate effect, this Act takes effect September 1,
52-22 2001.