By: Duncan S.B. No. 1458
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties of state agencies and political subdivisions
1-3 with regard to the development of, access to, and utilization of
1-4 electronic information related to government services, programs,
1-5 and functions.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter H, Chapter 481, Government Code, is
1-8 amended by adding Section 481.130 to read as follows:
1-9 Sec. 481.130. ONE-STOP ONLINE SERVICE FOR NEW BUSINESS. The
1-10 office shall assist the Department of Information Resources with
1-11 the development and implementation of a plan for the creation of an
1-12 online service to provide new businesses in this state a single
1-13 source for information and permitting and assist in the preparation
1-14 of a report for the legislature by December 31, 2002 outlining
1-15 recommendations and resources necessary for further development and
1-16 implementation of this online service.
1-17 SECTION 2. Subchapter B, Chapter 531, Government Code, is
1-18 amended by adding Section 531.0317 to read as follows:
1-19 Sec. 531.0317. HEALTH AND HUMAN SERVICES INFORMATION MADE
1-20 AVAILABLE THROUGH THE INTERNET. (a) In this section, "Internet"
1-21 has the meaning assigned by Section 531.0313(d).
1-22 (b) The commission, in cooperation with the Department of
1-23 Information Resources, shall establish and maintain through the
2-1 TexasOnline project established by the Department of Information
2-2 Resources a generally accessible and interactive Internet site that
2-3 contains information for the public regarding the services and
2-4 programs provided or administered by each of the health and human
2-5 services agencies throughout the state.
2-6 (c) The Internet site must:
2-7 (1) be organized by the type of service provided
2-8 rather than by the agency or provider delivering the service;
2-9 (2) contain eligibility criteria for each agency
2-10 program;
2-11 (3) contain application forms for each of the public
2-12 assistance programs administered by health and human services
2-13 agencies;
2-14 (4) provide access to a site maintained by the Texas
2-15 Information and Referral Network under Section 531.0313;
2-16 (5) contain the telephone number and, to the extent
2-17 available, the electronic mail address for each health and human
2-18 services agency and local provider of health and human services;
2-19 (6) be designed in a manner that allows a member of
2-20 the public to send questions about each agency's programs or
2-21 services electronically and receive responses to the questions from
2-22 the agency electronically;
2-23 (7) be updated at least quarterly; and
2-24 (8) be accessible through an information link on the
2-25 TexasOnline portal.
2-26 (d) In designing the Internet site, the commission shall
3-1 comply with any state standards for Internet sites that are
3-2 prescribed by the Department of Information Resources or any other
3-3 state agency.
3-4 (e) Each health and human services agency, the Texas
3-5 Information and Referral network, and the Department of Information
3-6 Resources shall cooperate with the commission to the extent
3-7 necessary to enable the commission to perform its duties under this
3-8 section.
3-9 (f) If the Department of Information Resources has a program
3-10 management office, the department may delegate its duties under
3-11 this section to that office.
3-12 SECTION 3. As soon as practicable after the effective date
3-13 of this Act, the Health and Human Services Commission shall
3-14 establish the health and human services information Internet site
3-15 required by Section 531.0317, Government Code, as added by this
3-16 Act.
3-17 SECTION 4. Subchapter A, Chapter 656, Government Code, is
3-18 amended by adding Sections 656.002 and 656.003 to read as follows:
3-19 Sec. 656.002. ONLINE EMPLOYMENT OPENINGS SYSTEM. (a) In
3-20 this section, "state agency" means a department, commission, board,
3-21 office, or other agency in the executive branch of state government
3-22 created by the state constitution or a state statute, but does not
3-23 include a university system or an institution of higher education
3-24 as defined by Section 61.003, Education Code.
3-25 (b) The Department of Information Resources shall work with
3-26 the Texas Workforce Commission and other state agencies to create
4-1 an online system for listing state agency employment openings.
4-2 (c) Characteristics of the system shall include to the
4-3 extent feasible:
4-4 (1) the use of existing technical infrastructure and
4-5 specialty job bulletin boards when the cost is equal to or less
4-6 than the cost of building a separate infrastructure;
4-7 (2) real-time communication between an applicant for
4-8 state employment and a state agency;
4-9 (3) immediate matching of an applicant to a listing
4-10 based on the applicant's qualifications;
4-11 (4) the ability to allow an applicant to complete one
4-12 state application online and enter the application in a single
4-13 database from which the applicant may electronically send the
4-14 application to multiple state agencies;
4-15 (5) the ability to allow an applicant to enter a
4-16 resume into an online database from which the applicant may
4-17 electronically send the resume to a state agency;
4-18 (6) the ability of a state agency to list employment
4-19 openings electronically with limited keystrokes from one web
4-20 location; and
4-21 (7) the ability to generate management information
4-22 such as the number of visits to a state agency employment listing,
4-23 the number of applicants for each opening, the number of applicants
4-24 hired for each listing, the time from listing to filling an
4-25 opening, and the frequency and volume of listings by type.
4-26 Sec. 656.003. ACCESS TO EMPLOYMENT OPENINGS INFORMATION.
5-1 The Texas Workforce Commission shall make computers available to
5-2 the public at its field offices to ensure access to information
5-3 about employment openings.
5-4 SECTION 5. Section 656.024, Government Code, is amended to
5-5 read as follows:
5-6 Sec. 656.024. Public Notice of Job Vacancies. The
5-7 commission shall publicly list, in accordance with the commission's
5-8 procedures, [for at least 10 working days,] each notice of a job
5-9 vacancy delivered under Section 656.022 [unless the commission is
5-10 sooner notified by the state agency having the vacancy that the
5-11 vacancy has been filled].
5-12 SECTION 6. Section 2054.051, Government Code, is amended by
5-13 adding Subsection (f) to read as follows:
5-14 (f) The department shall identify opportunities for state
5-15 agencies to coordinate with each other in the adoption and
5-16 implementation of information resources technology projects.
5-17 SECTION 7. The Department of Information Resources shall
5-18 perform a comprehensive examination of the state's reporting
5-19 requirements as detailed in the comptroller's e-Texas report,
5-20 recommendation GP-4. In coordination with a working group composed
5-21 of representatives of the comptroller's office, other state
5-22 agencies, and local governments, the department shall compile a
5-23 list of recommendations for the 78th Legislature for streamlining
5-24 and reducing reporting requirements on cities and counties. In
5-25 addition, the department, in coordination with the comptroller's
5-26 office, local governments, state and federal agencies, the
6-1 Conference of Urban Counties, the Texas Association of Counties,
6-2 and the Texas Municipal League, shall develop functional
6-3 specifications for a statewide electronic data clearinghouse.
6-4 During the fiscal 2002-2003 biennium, the department shall develop
6-5 policies, procedures, data standards, training materials and
6-6 perform other duties to prepare for the establishment of a
6-7 clearinghouse in fiscal year 2004. The department shall develop
6-8 options for funding the ongoing maintenance or expansion of the
6-9 clearinghouse such as using resources from participating agencies
6-10 to recoup the costs. Each option shall address the potential
6-11 impact on participation. The department shall provide a report
6-12 containing the recommendations, specifications, and funding options
6-13 not later than January 1, 2003 to the governor, lieutenant
6-14 governor, and speaker of the house of representatives.
6-15 SECTION 8. Subchapter C, Chapter 2054, Government Code, is
6-16 amended by adding Section 2054.063 to read as follows:
6-17 Sec. 2054.063. ELECTRONIC REPORTING TO STATE AGENCIES. The
6-18 department shall advise and consult with state agencies to assess
6-19 opportunities for allowing persons to electronically file with an
6-20 agency information that the agency requires a person to report.
6-21 The department shall identify the cost of implementing an
6-22 electronic reporting procedure and any barriers to electronic
6-23 reporting. The department may:
6-24 (1) survey state agencies to identify:
6-25 (A) electronic reporting efforts currently being
6-26 used by an agency;
7-1 (B) common needs among agencies;
7-2 (C) opportunities to use a standardized approach
7-3 to electronic reporting;
7-4 (2) identify the costs associated with electronic
7-5 reporting;
7-6 (3) identify reports that may be filed electronically;
7-7 (4) advise an agency regarding ways the agency may
7-8 effectively and economically allow electronic reporting to the
7-9 agency; and
7-10 (5) develop and implement a plan to adopt electronic
7-11 reporting in state government, whenever it is effective and
7-12 efficient to do so.
7-13 SECTION 9. The Department of Information Resources shall
7-14 make recommendations to the governor, lieutenant governor, and
7-15 speaker of the house of representatives about opportunities for
7-16 electronic reporting in state government not later than September
7-17 1, 2002.
7-18 SECTION 10. Subsection (a), Section 2054.096, Government
7-19 Code, is amended to read as follows:
7-20 (a) Each agency strategic plan must be consistent with the
7-21 state strategic plan and include:
7-22 (1) a statement of the state agency's goals,
7-23 objectives, and programs as found in the agency's legislative
7-24 appropriations request;
7-25 (2) a description of the agency's major data bases and
7-26 their applications;
8-1 (3) a description of the agency's information
8-2 resources management organizations, policies, and practices;
8-3 (4) a description of interagency computer networks in
8-4 which the agency participates;
8-5 (5) a statement of the strategic objectives of the
8-6 agency relating to information resources management for the next
8-7 five fiscal years, beginning with the fiscal year during which the
8-8 plan is submitted, with a description of how those objectives help
8-9 achieve the agency's programs and goals, and a description of how
8-10 those objectives support and promote the goals and policies of the
8-11 state strategic plan;
8-12 (6) a description of any information resources
8-13 technology projects proposed by the agency, including:
8-14 (A) a statement of how the projects relate to
8-15 similar projects implemented or proposed by other agencies, as
8-16 identified by the department or the agency; and
8-17 (B) a description of any proposed plans for
8-18 coordinating the projects with other agencies; and
8-19 (7) [(6)] other planning components that the
8-20 department may prescribe.
8-21 SECTION 11. The Department of Information Resources shall
8-22 review the instructions for preparing agency strategic plans,
8-23 developed pursuant to Section 2054.095, Government Code, to ensure
8-24 the plans are timely and useful for agencies and the strategic
8-25 planning process. The review should consider whether changes in
8-26 the instructions are needed regarding the content, frequency and
9-1 use of the strategic plans. The department's review shall be
9-2 completed not later than September 1, 2002. The department shall
9-3 revise its instructions based on the results of the review.
9-4 SECTION 12. Subchapter F, Chapter 2054, Government Code, is
9-5 amended by adding Section 2054.127 to read as follows:
9-6 Sec. 2054.127. ENVIRONMENTAL AND NATURAL RESOURCES AGENCIES
9-7 INTERNET PORTAL. (a) State agencies that have jurisdiction over
9-8 matters related to environmental protection or quality or to the
9-9 development, conservation, or preservation of natural resources
9-10 shall develop, in mutual cooperation with the department, a single
9-11 information link, through the TexasOnline portal, to provide
9-12 electronic access to information and services related to the
9-13 agencies' authority and duties, including access to agency rules
9-14 and other public information.
9-15 (b) The department shall coordinate the efforts of the
9-16 agencies in developing the information link to ensure that the
9-17 efforts produce a link that is compatible with efforts of the task
9-18 force conducted under Section 2054.062. If the department has a
9-19 program management office, the department may delegate the
9-20 coordination of efforts under this section to that office.
9-21 SECTION 13. Chapter 2054, Government Code, is amended by
9-22 adding Subchapter I to read as follows:
9-23 SUBCHAPTER I. ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING
9-24 TRANSACTIONS
9-25 Sec. 2054.251. DEFINITIONS. In this subchapter:
9-26 (1) "Licensing authority" means a department,
10-1 commission, board, office, or other agency of the state or a
10-2 political subdivision of the state that issues an occupational
10-3 license.
10-4 (2) "Occupational license" means a license,
10-5 certificate, registration, or other form of authorization that a
10-6 person must obtain to practice or engage in a particular business,
10-7 occupation, or profession.
10-8 Sec. 2054.252. APPLICABILITY. (a) The following licensing
10-9 authorities shall participate in the system established under
10-10 Section 2054.253:
10-11 (1) State Board of Barber Examiners;
10-12 (2) Texas Board of Chiropractic Examiners;
10-13 (3) Texas Cosmetology Commission;
10-14 (4) Court Reporters Certification Board;
10-15 (5) State Board of Dental Examiners;
10-16 (6) Texas Funeral Service Commission;
10-17 (7) Texas Board of Professional Land Surveying;
10-18 (8) Texas State Board of Medical Examiners;
10-19 (9) Board of Nurse Examiners;
10-20 (10) Board of Vocational Nurse Examiners;
10-21 (11) Texas Optometry Board;
10-22 (12) Texas Structural Pest Control Board;
10-23 (13) Texas State Board of Pharmacy;
10-24 (14) Executive Council of Physical Therapy and
10-25 Occupational Therapy Examiners;
10-26 (15) Texas State Board of Plumbing Examiners;
11-1 (16) Texas State Board of Podiatric Medical Examiners;
11-2 (17) Board of Tax Professional Examiners;
11-3 (18) Polygraph Examiners Board;
11-4 (19) Texas State Board of Examiners of Psychologists;
11-5 (20) State Board of Veterinary Medical Examiners;
11-6 (21) Texas Real Estate Commission;
11-7 (22) Texas Appraiser Licensing and Certification
11-8 Board; and
11-9 (23) Texas Department of Licensing and Regulation.
11-10 (b) The department may add additional agencies as system
11-11 capabilities are developed.
11-12 (c) A licensing authority other than an authority listed by
11-13 Subsection (a) may participate in the system established under
11-14 Section 2054.253, subject to the approval of the department.
11-15 Sec. 2054.253. ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING
11-16 TRANSACTIONS. (a) The department shall administer a common
11-17 electronic system using the Internet through which a licensing
11-18 authority can electronically:
11-19 (1) send occupational licenses and other documents to
11-20 persons regulated by the authority and to the public;
11-21 (2) receive applications for occupational licenses and
11-22 other documents for filing from persons regulated by the authority
11-23 and from the public, including documents that can be electronically
11-24 signed if necessary; and
11-25 (3) receive required payments from persons regulated
11-26 by the authority and from the public.
12-1 (b) The department may implement this section in phases.
12-2 Each licensing authority that participates in the system
12-3 established under this section shall comply with the schedule
12-4 established by the department.
12-5 (c) The department may use the TexasOnline portal or any
12-6 other Internet portal established under a demonstration project
12-7 administered by the department.
12-8 (d) The department may contract with a private vendor to
12-9 implement this section. A contract under this subsection is
12-10 payable only from fees collected under Subsection (e).
12-11 (e) The department shall charge fees in amounts sufficient
12-12 to cover the cost of implementing this section. The department may
12-13 charge:
12-14 (1) a transaction fee for each transaction performed
12-15 on the system; and
12-16 (2) a subscription fee to be paid by each licensing
12-17 authority that participates in the system.
12-18 Sec. 2054.254. STEERING COMMITTEE. (a) The steering
12-19 committee for electronic occupational licensing transactions
12-20 consists of a representative of each of the following, appointed by
12-21 its governing body:
12-22 (1) each licensing authority listed by Section
12-23 2054.252(a); and
12-24 (2) the department.
12-25 (b) The governing body of a licensing authority described by
12-26 Section 2054.252(c) may appoint a representative to the committee.
13-1 (c) A member of the committee serves at the will of the
13-2 authority that appointed the member.
13-3 (d) The representative of the department is the presiding
13-4 officer of the committee. The committee shall meet as prescribed
13-5 by committee procedures or at the call of the presiding officer.
13-6 (e) The committee shall advise the department regarding the
13-7 department's implementation of Section 2054.253.
13-8 (f) Chapter 2110 does not apply to the size, composition, or
13-9 duration of the committee. Any reimbursement of the expenses of a
13-10 member of the committee may be paid only from funds available to
13-11 the governmental entity the member represents.
13-12 SECTION 14. (a) Not later than January 1, 2002, each
13-13 licensing authority listed by Section 2054.252(a), Government Code,
13-14 as added by this Act, and the Department of Information Resources
13-15 shall appoint the members of the steering committee for electronic
13-16 occupational licensing transactions.
13-17 (b) Not later than April 1, 2002, the Department of
13-18 Information Resources shall adopt a schedule for implementing
13-19 Section 2054.253, Government Code, as added by this Act. The
13-20 schedule shall set a target for the initial group of licensing
13-21 authorities to be able to perform the functions described by
13-22 Section 2054.253(a), Government Code, as added by this Act, not
13-23 later than September 1, 2003.
13-24 (c) Not later than January 1, 2003, the Department of
13-25 Information Resources shall report to the presiding officer of each
13-26 house of the legislature and to the presiding officers of the
14-1 committees of each house of the legislature that have primary
14-2 oversight jurisdiction over the department or over a licensing
14-3 authority listed by Section 2054.252(a), Government Code, as added
14-4 by this Act, on the department's progress in implementing Section
14-5 2054.253, Government Code, as added by this Act.
14-6 SECTION 15. Chapter 2054, Government Code, is amended by
14-7 adding Subchapter J to read as follows:
14-8 SUBCHAPTER J. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
14-9 Sec. 2054.301. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
14-10 OFFICE. (a) The department shall establish an electronic
14-11 government program management office to guide, promote and
14-12 facilitate the implementation of electronic government projects
14-13 selected under Sec. 2054.302.
14-14 (b) The program management office shall:
14-15 (1) establish and support standardized business
14-16 processes for electronic government projects;
14-17 (2) identify and incorporate best practices in state
14-18 information technology projects in such areas as project support,
14-19 implementation strategies, project planning and scheduling, quality
14-20 assurance, team coordination, status reporting, and technical
14-21 standards for electronic government projects;
14-22 (3) consult as necessary with board or department
14-23 advisory committees or other task forces created by the governor,
14-24 lieutenant governor or legislature related to electronic
14-25 government;
14-26 (4) review agency strategic plans prepared in
15-1 accordance with Section 2054.095 and agency biennial operating
15-2 plans prepared in accordance with Section 2054.100 to identify
15-3 electronic government projects that should be facilitated by the
15-4 program management office and recommend any changes to those plans
15-5 to ensure projects are consistent with the state strategic plan;
15-6 (5) include in the performance report prepared under
15-7 Section 2054.055 a list of the electronic government projects that
15-8 will be facilitated by the program management office and the status
15-9 of existing projects;
15-10 (6) coordinate electronic government projects
15-11 involving state agencies;
15-12 (7) provide risk management and quality assurance
15-13 services for electronic government projects, in partnership with
15-14 participating agencies and the quality assurance team of the
15-15 Legislative Budget Board;
15-16 (8) in coordination with the Legislative Budget Board,
15-17 identify resource needs for cross-agency projects and opportunities
15-18 to coordinate agency electronic government projects, and approve
15-19 expenditures of funds for electronic government projects by
15-20 affected state agencies;
15-21 (9) convene cross-agency coordination teams, as
15-22 appropriate, to reduce information technology expenditures and
15-23 eliminate unnecessary duplication;
15-24 (10) establish standards for state agencies to follow
15-25 in implementing selected electronic government projects, to ensure
15-26 maximum savings through cross-agency cooperation and incorporation
16-1 of best practices;
16-2 (11) in coordination with the quality assurance team
16-3 of the Legislative Budget Board, establish a state agency reporting
16-4 system requiring state agencies to report on electronic government
16-5 projects and monitor selected projects as appropriate;
16-6 (12) report annually to the Legislature on the status
16-7 of electronic government projects being monitored by the program
16-8 management office, including savings, cost avoidance, efficiencies,
16-9 potential other projects or areas for standardization and on the
16-10 products and deliverables of the program management office,
16-11 including its cost effectiveness;
16-12 (13) utilize the West Texas Disaster Recovery and
16-13 Operations Center for data operations to the extent feasible, act
16-14 as the state's primary contact for the Center, and encourage
16-15 increased use of the facility by state agencies;
16-16 (c) The program management office may coordinate electronic
16-17 government projects involving local governments and projects
16-18 involving the federal government, where appropriate.
16-19 (d) Each state agency shall cooperate with the department
16-20 and the program management office in all respects concerning
16-21 electronic government, and shall provide to the department as often
16-22 as may be required and in the format required by the department,
16-23 any and all information required by the department pertaining to
16-24 electronic government.
16-25 Sec. 2054.302. SELECTION OF ELECTRONIC GOVERNMENT PROJECTS
16-26 FOR OVERSIGHT. (a) In coordination with the governor, state
17-1 auditor, and the Legislative Budget Board, the program management
17-2 office shall:
17-3 (1) by rule adopted by the department, define an
17-4 electronic government project that will be subject to oversight by
17-5 the program management office, including the selection criteria to
17-6 be used to identify such projects, considering without limitation
17-7 such factors as opportunities for cross-agency collaboration and
17-8 efficiencies, financial exchanges, requirements for authentication
17-9 and security, and the state's strategic vision for electronic
17-10 government;
17-11 (2) recommend any changes needed to the instructions
17-12 for agency strategic plans prepared pursuant to section 2054.095
17-13 and biennial operating plans prepared pursuant to section 2054.101
17-14 to ensure agency identification of electronic government projects
17-15 appropriate for selection.
17-16 (b) A state agency that disagrees with the selection of an
17-17 electronic government project for oversight by the program
17-18 management office may appeal the selection to the executive
17-19 director and then if necessary to the board, and finally to the
17-20 governor. The governor's decision regarding oversight of an
17-21 electronic government project is final. The department shall adopt
17-22 appeal procedures by rule.
17-23 (c) This section does not apply to an electronic government
17-24 project sponsored by an institution of higher education as defined
17-25 by Section 61.003, Education Code. Institutions of higher
17-26 education are encouraged to participate, but such participation is
18-1 at the option of the institution.
18-2 Sec. 2054.303. FUNDING FOR PROGRAM MANAGEMENT OFFICE.
18-3 (a) In coordination with the governor's office of budget and
18-4 planning, the state auditor and the Legislative Budget Board, the
18-5 program management office shall develop a model for funding the
18-6 program management office from a portion of the funds appropriated
18-7 for the projects selected to have central oversight, including
18-8 staffing requirements for the office, for approval by the governor
18-9 and adoption as a department rule.
18-10 (b) State agencies that have electronic government projects
18-11 selected by the program management office shall enter into an
18-12 interagency agreement with the department pursuant to Chapter 771,
18-13 Government Code, to provide for the reimbursement of the department
18-14 for the services of the program management office according to the
18-15 model established in subsection (a).
18-16 (c) A state agency may not, without the prior approval of
18-17 the program management office, spend or encumber money in
18-18 connection with an electronic government project that is selected
18-19 by the program management office for central oversight.
18-20 (d) The program management office, in coordination with the
18-21 Legislative Budget Board and the comptroller, and subject to the
18-22 approval of the governor's office of budget and planning, shall
18-23 establish procedures for approving expenditures to be incurred by
18-24 state agencies for those electronic government projects which are
18-25 selected by the program management office. The procedures shall
18-26 include a review of project implementation and an assessment of
19-1 whether the project is meeting its objectives and complying with
19-2 any standards established by the department.
19-3 (e) This section does not apply to an institution of higher
19-4 education as defined in Section 61.003, Education Code.
19-5 Institutions of higher education are encouraged to participate, but
19-6 such participation is at the option of the institution.
19-7 Sec. 2054.304. CANCELLATION OF ELECTRONIC GOVERNMENT
19-8 PROJECTS OR DENIAL OF ACCESS TO FUNDS. (a) Under rules developed
19-9 by the department, and in coordination with the Legislative Budget
19-10 Board and the governor's office of budget and planning, the program
19-11 management office shall develop criteria for canceling, halting or
19-12 reinstating selected electronic government projects.
19-13 (b) The program management office may recommend to the
19-14 governor that a selected electronic government project be cancelled
19-15 or temporarily halted if the project fails to meet objectives or
19-16 the standards of the department.
19-17 (c) Upon a recommendation from the program management office
19-18 that an electronic government project should be cancelled or
19-19 temporarily halted, the governor may direct the comptroller to deny
19-20 state agency access to the agency's appropriations that relate to
19-21 the development or implementation of the electronic government
19-22 project. The denial of access may continue until the governor is
19-23 satisfied that the electronic government project can be implemented
19-24 efficiently and consistently under the criteria established in this
19-25 section.
19-26 (d) This section does not apply to an institution of higher
20-1 education as defined by Section 61.003, Education Code, unless the
20-2 institution has voluntarily chosen to participate.
20-3 Sec. 2054.305. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
20-4 Legislative Oversight Committee for Electronic Government Projects
20-5 is established and is composed of six members as follows:
20-6 (1) chair of the House Committee on Appropriations or
20-7 a member of the committee assigned by the chair;
20-8 (2) chair of the House Committee on State Affairs;
20-9 (3) one member appointed by the Speaker of the House;
20-10 (4) chair of the Senate Committee on Finance or a
20-11 member of the committee assigned by the chair;
20-12 (5) chair of the Senate Committee on Business and
20-13 Commerce; and
20-14 (6) one member appointed by the lieutenant governor.
20-15 (b) The committee shall:
20-16 (1) oversee and review the implementation of
20-17 electronic government by the program management office and state
20-18 agencies, including policies related to fiscal matters and the cost
20-19 effectiveness of projects of state agencies and the program
20-20 management office;
20-21 (2) review the list of electronic government projects
20-22 that the program management office proposes to select each biennium
20-23 and suggest any revisions to the list;
20-24 (3) provide guidance on recommended criteria for the
20-25 program management office to use in reporting on the effectiveness
20-26 and efficiency of the office and its coordination of electronic
21-1 government, and the schedule for such reports;
21-2 (4) make recommendations to the legislature and the
21-3 board concerning needed changes in technology policy;
21-4 (5) define what constitutes the infrastructure of the
21-5 TexasOnline portal.
21-6 (c) The committee may:
21-7 (1) request reports and other information from the
21-8 board, department, program management office or other state
21-9 agencies relating to electronic government implementation;
21-10 (2) appoint advisory committees composed of citizens
21-11 of the state or experts in technology to advise the committee or
21-12 make recommendations on electronic government;
21-13 (3) hold public hearings and administer oaths and
21-14 issue subpoenas to compel the attendance of witnesses and the
21-15 production of documents as necessary;
21-16 (4) receive information regarding rules that are
21-17 proposed for adoption by the board or department and provide any
21-18 desired comments;
21-19 (5) review the budget for the program management
21-20 office and provide any appropriate comments;
21-21 (6) evaluate best practices in information technology
21-22 and electronic government and recommend ways to implement these
21-23 practices each biennium;
21-24 (7) employ staff as necessary for the performance of
21-25 its duties or may request and use staff provided by the Texas
21-26 Legislative Council or the Legislative Budget Board. Such staff,
22-1 if any, shall be available to all members of the legislature.
22-2 (d) State agencies shall cooperate with and assist the
22-3 committee at the committee's request.
22-4 Sec. 2054.306. PROGRAM MANAGEMENT OFFICE ADVISORY COMMITTEE.
22-5 (a) The board shall establish a program management office advisory
22-6 committee under Section 2054.033 to provide ongoing direction for
22-7 the operations of the program management office.
22-8 (b) The advisory committee shall be composed of up to
22-9 fifteen representatives of selected state agencies, local
22-10 government, institutions of higher education, the comptroller's
22-11 office, the governor's office, private businesses, citizens, and
22-12 other constituencies as determined by the board.
22-13 (c) The advisory committee shall assist the program
22-14 management office in establishing the procedures and reporting
22-15 requirements of the office, provide guidance, direction and
22-16 perspective about the operation of the program management office
22-17 and project priorities, and provide recommendations about the
22-18 implementation of electronic government in the state.
22-19 (d) Any reimbursement of the expenses of a governmental
22-20 member of the committee may be paid only from funds available to
22-21 the governmental entity the member represents.
22-22 Sec. 2054.307. MANAGEMENT OF ENTERPRISE RESOURCE PLANNING
22-23 SYSTEM IMPLEMENTATION. The program management office established
22-24 under this subchapter shall coordinate with the Health and Human
22-25 Services Commission and the comptroller to establish a standardized
22-26 approach for enterprise resource planning system implementation
23-1 that builds on the models developed by the commission. Any state
23-2 agency that chooses to implement new or modified enterprise
23-3 resource planning systems shall do so under the guidelines and
23-4 standards developed by the program management office.
23-5 Sec. 2054.308. TEXASONLINE PORTAL. (a) As used in this
23-6 subchapter, the TexasOnline portal is the common electronic system
23-7 for using the Internet to facilitate electronic interaction between
23-8 state agencies, local governments and members of the public that
23-9 was originally established as, and is a continuation of, the
23-10 demonstration project developed by the Department of Information
23-11 Resources and task force established by Section 2054.062,
23-12 Government Code, as enacted by the 76th Legislature.
23-13 (b) The program management office established under this
23-14 subchapter shall manage the ongoing development of the TexasOnline
23-15 portal or other similar state government portal developed or
23-16 sponsored by the department to facilitate public access to
23-17 electronic government in the state. The program management office
23-18 shall promote full use of the portal by state agencies.
23-19 (c) State agencies that desire to establish a new Internet
23-20 application that duplicates an infrastructure component of the
23-21 TexasOnline portal shall apply for a waiver from the program
23-22 management office. The waiver application should demonstrate a
23-23 business need for implementing an Internet application that
23-24 duplicates portal infrastructure as defined by the legislative
23-25 oversight committee, and the application must show that issues of
23-26 security, disaster recovery, privacy, and development and
24-1 maintenance costs have been adequately considered.
24-2 (d) This section does not apply to institutions of higher
24-3 education as defined by Section 61.003, Education Code unless the
24-4 institution voluntarily chooses to participate.
24-5 Sec. 2054.309. TEXASONLINE GRANT PROGRAM. (a) The
24-6 TexasOnline grant program is established to enable cities, counties
24-7 and school districts to provide government services through the
24-8 TexasOnline portal developed and managed by the department under
24-9 Section 2054.308.
24-10 (b) The program management office shall:
24-11 (1) manage the TexasOnline grant program;
24-12 (2) with input from the interagency advisory committee
24-13 established under Subsection (c), establish specific criteria and
24-14 processes for selecting city, county and school district
24-15 participants in the grant program;
24-16 (3) in conjunction with the interagency advisory
24-17 committee established under Subsection (c), develop a cost
24-18 methodology to minimize the amount smaller governmental entities
24-19 must pay for maintenance of services through the portal;
24-20 (4) explore opportunities with the Telecommunications
24-21 Infrastructure Board to develop automatic eligibility or a
24-22 streamlined grant application process for applicants for
24-23 Collaborative Community Networking Grants.
24-24 (c) The department will establish an interagency oversight
24-25 committee, composed of representatives from the department,
24-26 comptroller, General Services Commission, Telecommunications
25-1 Infrastructure Fund Board, Office of Court Administration, and
25-2 other appropriate representatives selected by the department to
25-3 oversee implementation of the grant program and approve
25-4 distribution of grants. The committee shall work with
25-5 representatives of organizations such as the Texas Municipal
25-6 League, Texas Association of Counties and other organizations to
25-7 disseminate information on the grant program. Chapter 2110 does
25-8 not apply to the size, composition, or duration of the committee.
25-9 Any reimbursement of the expenses of a member of the committee may
25-10 be paid only from funds available to the governmental entity the
25-11 member represents.
25-12 (d) Grant funds may be used to:
25-13 (1) pay start up costs incurred by the TexasOnline
25-14 project established as a demonstration project under Section
25-15 2054.062 as enacted by the 76th Legislature;
25-16 (2) pay for the design and maintenance of Web sites
25-17 and other online services with program offerings designed to
25-18 benefit cities, counties and school districts through the
25-19 TexasOnline portal;
25-20 (3) develop, deploy and maintain information
25-21 technology systems to provide governmental services through the
25-22 TexasOnline portal.
25-23 (e) Grant funds may not be used to pay for communications
25-24 links to public or private telecommunication systems, such as
25-25 TEXAN, the state's public telecommunications network, or for
25-26 Internet Service Provider costs.
26-1 (f) Priorities for grant funding shall be provided to
26-2 counties, cities and school districts located in a strategic
26-3 investment area, as that term is defined in Section 171.721, Tax
26-4 Code. As a condition of receiving a grant, grant recipients must
26-5 agree to maintain online services after the grant period
26-6 terminates.
26-7 (g) This section expires September 1, 2003.
26-8 Sec. 2054.310. ONLINE SERVICE FOR NEW BUSINESSES. (a) With
26-9 assistance from affected state agencies, the program management
26-10 office shall prepare and implement a plan for the development and
26-11 operation of a one-stop online service for new businesses in the
26-12 state.
26-13 (b) The online service must:
26-14 (1) provide comprehensive information relevant for a
26-15 new business, including steps and information necessary to start a
26-16 new business, general business regulations, information on
26-17 licensing and permitting, and relevant phone numbers and Internet
26-18 addresses for further information;
26-19 (2) be fully integrated with the TexasOnline Web
26-20 portal, developed by the department.
26-21 (c) The plan for the development of this online service
26-22 shall include a detailed scope of work for the project and identify
26-23 state agency resources that could be dedicated to this project and
26-24 any additional resources that may be needed.
26-25 (d) The program management office shall prepare and submit a
26-26 report to the legislature not later than December 31, 2002
27-1 outlining recommendations for further implementation of the online
27-2 service for new businesses.
27-3 (e) The Department of Economic Development, secretary of
27-4 state, Natural Resource Conservation Commission, Department of
27-5 Licensing and Regulation, Department of Transportation, comptroller
27-6 and any other state agency involved in the permitting of new
27-7 businesses shall assist the program management office in the
27-8 development and operation of the online service. State agencies
27-9 shall cooperate with the program management office in structuring
27-10 their processes to facilitate participation in the online service.
27-11 Sec. 2054.311. ELECTRONIC PROCUREMENT SYSTEM. (a) The
27-12 program management office, in coordination with the General
27-13 Services Commission, shall assess the functionality of the
27-14 electronic procurement marketplace and electronic commerce network
27-15 maintained by the General Services Commission pursuant to Chapter
27-16 2177, Government Code, to determine whether the systems should be
27-17 enhanced, replaced or accessed through the TexasOnline portal. The
27-18 assessment shall consider recommendations from the Texas government
27-19 to business coordinating council and the General Services
27-20 Commission's vendor advisory committee, as appropriate.
27-21 (b) Based on the results of the assessment conducted under
27-22 subsection (a), the department shall implement an electronic
27-23 procurement system that will offer its users access to multiple
27-24 marketplaces and vendors. The department shall coordinate
27-25 implementation with the General Services Commission, as provided by
27-26 Chapter 2177, Government Code. The department may enter into
28-1 contracts with private or public entities to establish or maintain
28-2 all or part of the electronic procurement system, to the extent
28-3 feasible, including contracts to procure hardware or software.
28-4 (c) The department, in consultation with the General
28-5 Services Commission, may adopt rules as necessary to guide the
28-6 development, implementation, and maintenance of the electronic
28-7 procurement system.
28-8 SECTION 16. (a) The Department of Information Resources
28-9 shall conduct a study to determine the costs and benefits of
28-10 establishing a statewide electronic grants management system
28-11 designed to:
28-12 (1) increase the awareness of grant availability;
28-13 (2) provide a single location for accessing grant
28-14 information;
28-15 (3) provide a searchable database of grant
28-16 opportunities organized by criteria that include grant topic,
28-17 customer group, and amount of grant;
28-18 (4) allow electronic submission of grant applications;
28-19 (5) simplify grant application and grant management
28-20 processes; and
28-21 (6) improve tracking and monitoring of pending and
28-22 awarded grants.
28-23 (b) The study must identify:
28-24 (1) any state agencies that offer grants; and
28-25 (2) consumer groups affected by the grants, including
28-26 groups that apply for the grants and groups served by grant funds.
29-1 (c) The study must consider whether available grant-tracking
29-2 computer software can be used in an electronic grants management
29-3 system in this state and the feasibility and benefits of using the
29-4 TexasOnline Web portal or other portal designated by the Department
29-5 of Information Resources to facilitate public access.
29-6 (d) The study must consider the possibility of using the
29-7 following methods to lower the costs of providing an electronic
29-8 grants management system:
29-9 (1) public-private partnerships;
29-10 (2) cost-reimbursement options, including convenience
29-11 fees or subscription fees; and
29-12 (3) any other innovative options, as determined by the
29-13 Department of Information Resources.
29-14 (e) The Department of Information Resources may request from
29-15 the Electronic Grants Technical Assistance Workgroup information
29-16 related to opportunities for improving grant management through:
29-17 (1) improved technology; and
29-18 (2) sharing state information resources.
29-19 (f) Not later than September 1, 2002, the Department of
29-20 Information Resources shall provide to the governor, the lieutenant
29-21 governor, and the speaker of the house of representatives a report
29-22 of the findings of the study conducted under this Act.
29-23 (g) On completion of the study required by this Act, if the
29-24 study recommends implementation of a statewide electronic grants
29-25 management system, the Department of Information Resources may
29-26 develop a plan and begin implementation of a statewide electronic
30-1 grants management system based on the findings of the study.
30-2 SECTION 17. Chapter 2054, Government Code, is amended by
30-3 adding Subchapter K to read as follows:
30-4 SUBCHAPTER K. SEAT MANAGEMENT
30-5 Sec. 2054.351. DEFINITIONS. In this subchapter:
30-6 (1) "Office" means the seat management office created
30-7 under this subchapter.
30-8 (2) "Seat management" means the seat management method
30-9 described by Section 2054.354(b).
30-10 Sec. 2054.352. CREATION. The department shall create a seat
30-11 management office to:
30-12 (1) conduct and evaluate the study under Section
30-13 2054.353;
30-14 (2) make recommendations under Section 2054.354; and
30-15 (3) serve as the single point of contact for the
30-16 state's seat management planning efforts.
30-17 Sec. 2054.353. TOTAL COST OF OWNERSHIP STUDIES. (a) The
30-18 department shall select not less than 10 nor more than 12 state
30-19 agencies to participate in a pilot study. The selected state
30-20 agencies shall cooperate with the department in conducting the
30-21 studies required by this section. Each selected state agency shall
30-22 study the total cost of all personal computers and related systems
30-23 used by the agency, including both owned and leased systems. The
30-24 study must include:
30-25 (1) direct costs, including costs for hardware,
30-26 software, peripheral equipment, networks, management and support
31-1 labor hours, systems development, and communications; and
31-2 (2) indirect costs, including computer downtime and
31-3 end-user training, self-teaching, support, and any other costs
31-4 related to the use of the personal computer.
31-5 (b) The department, including the office, on request shall
31-6 assist a state agency in complying with this section.
31-7 (c) Not later than May 1, 2002, each selected state agency
31-8 shall report on the results of its study to the department.
31-9 Sec. 2054.354. STUDY AND RECOMMENDATIONS ON USE OF PRIVATE
31-10 CONTRACTORS TO IMPLEMENT SEAT MANAGEMENT. (a) The office shall
31-11 analyze the results of the studies under Section 2054.353 to assess
31-12 the feasibility of establishing a statewide seat management system
31-13 at the time the assessment is completed or at a later time.
31-14 (b) As part of this feasibility study, the office shall
31-15 analyze seat management, through which a state agency transfers its
31-16 personal computer equipment and services responsibilities to a
31-17 private vendor as described by this subsection. The state agency
31-18 would hire a private vendor to manage the personal computing needs
31-19 for each desktop in a state agency, including all necessary
31-20 hardware, software, and support services. Under this method, the
31-21 vendor would be responsible for some or all planning, installation,
31-22 configuration, testing, maintenance, repair, upgrading, training,
31-23 project management, asset management, disposal, and other services
31-24 related to the agency's personal computing needs. Subject to the
31-25 state agency's needs and a vendor contract, a vendor selected by
31-26 the agency would satisfy the agency's personal computer needs,
32-1 including:
32-2 (1) personal computer acquisition and support;
32-3 (2) local area networks;
32-4 (3) Internet access;
32-5 (4) electronic mail;
32-6 (5) help desk support for user questions and
32-7 maintenance requests;
32-8 (6) remote access needs;
32-9 (7) technology upgrades necessary to keep equipment
32-10 current; and
32-11 (8) any other data, voice, and video communication
32-12 needs.
32-13 (c) The office shall study different types of contracts that
32-14 could be used to implement seat management.
32-15 (d) Not later than November 1, 2002, the office shall report
32-16 its recommendations to the presiding officer of each house of the
32-17 legislature and to the committees of each house of the legislature
32-18 that have primary oversight jurisdiction over the department. The
32-19 recommendations must include:
32-20 (1) whether a statewide seat management plan using
32-21 private contractors should be implemented;
32-22 (2) if seat management using private contractors is
32-23 recommended, an appropriate plan to transfer selected state agency
32-24 computer equipment and service responsibilities to private
32-25 contractors;
32-26 (3) an estimate of implementation costs;
33-1 (4) an estimate of potential savings due to the
33-2 transfers;
33-3 (5) a plan for developing seat management contracts,
33-4 including the utilization of a multiple award procurement to allow
33-5 state agencies to choose among multiple vendors who are
33-6 prequalified by the office;
33-7 (6) strategies for changing vendors to address
33-8 potential contractor failure and plans to move from one seat
33-9 management contract to another, if necessary; and
33-10 (7) an outline of additional proposed responsibilities
33-11 for the office, including without limitation, setting minimum
33-12 standards for seat management, serving as a best practices
33-13 repository, developing an agency guidebook on seat management, and
33-14 evaluating and recommending modifications to the seat management
33-15 program.
33-16 Sec. 2054.355. PERSONAL COMPUTER INVENTORY REPORTING BY
33-17 STATE AGENCIES. Not later than September 1, 2002, and September 1,
33-18 2003, each state agency shall provide the office with an inventory
33-19 of all personal computers used by that agency as of June 1, 2002,
33-20 and June 1, 2003, respectively.
33-21 Sec. 2054.356. EXPIRATION. This subchapter expires
33-22 September 2, 2003.
33-23 SECTION 18. Section 2155.079, Government Code, is amended to
33-24 read as follows:
33-25 Sec. 2155.079. BUYING UNDER CONTRACT ESTABLISHED BY AGENCY
33-26 OTHER THAN COMMISSION. (a) The commission shall adopt rules
34-1 specifying the circumstances under which it is not advantageous for
34-2 the state to allow a state agency to purchase goods or services
34-3 under a contract made by another state agency other than the
34-4 commission or under a contract made by a local government.
34-5 (b) If commission rules allow other agencies to make
34-6 purchases under a contract entered into by an agency using
34-7 delegated purchasing authority, the agency purchasing under
34-8 delegated authority may offer the goods or services available under
34-9 the contract to other agencies or local governments [only if the
34-10 agency first:]
34-11 [(1) establishes that the goods or services being
34-12 offered under its contract are not available under a contract
34-13 administered by the commission; and]
34-14 [(2) informs the commission of the terms of the
34-15 contract and the capabilities of the vendor].
34-16 SECTION 19. Section 2155.083, Government Code, is amended by
34-17 adding subsection (o) to read as follows:
34-18 (o) The department shall work with the commission and the
34-19 Department of Information Resources to develop a plan to integrate
34-20 the business daily into the electronic procurement system
34-21 established pursuant to Chapter 2177, Government Code and transfer
34-22 responsibility for management of the business daily to the
34-23 commission with the assistance of the department. After the plan
34-24 is approved by the commission and the Department of Information
34-25 Resources, the plan shall be implemented by the department, and
34-26 responsibility for management of the business daily shall be
35-1 transferred to the commission.
35-2 SECTION 20. Section 2170.004, Government Code, is amended to
35-3 read as follows:
35-4 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
35-5 AGENCIES. The commission may contract for use of the consolidated
35-6 telecommunications system with:
35-7 (1) each house of the legislature;
35-8 (2) a legislative agency;
35-9 (3) an agency that is not a state agency as defined by
35-10 Section 2151.002; [and]
35-11 (4) a political subdivision, including a county,
35-12 municipality, or district; or
35-13 (5) a collaborative community computer network in
35-14 which one or more political subdivisions participate.
35-15 SECTION 21. Section 2170.051, Government Code, is amended by
35-16 adding Subsection (e) to read as follows:
35-17 (e) The commission may contract for necessary support and
35-18 maintenance of the consolidated telecommunications system resulting
35-19 from collaborative community computer network participation.
35-20 SECTION 22. Section 2170.057, Government Code, is amended by
35-21 adding Subsection (e) to read as follows:
35-22 (e) The commission, in cooperation with the
35-23 telecommunications planning group, shall develop a cost schedule
35-24 for charging a political subdivision or a consortium of one or more
35-25 political subdivisions and other entities for use of the
35-26 consolidated telecommunications system for operating a
36-1 collaborative community computer network. Notwithstanding
36-2 Subsection (a), charges for services described by this subsection
36-3 may be based on costs to the system in addition to proportionate
36-4 usage, including support and maintenance costs associated with
36-5 community computer network use.
36-6 SECTION 23. Chapter 2177, Government Code, is amended by
36-7 adding Sections 2177.0001, 2177.0002 and 2177.004, and amending
36-8 Sections 2177.001, 2177.002, and 2177.003 to read as follows:
36-9 Sec. 2177.0001. PURPOSE. The purpose of this chapter is to
36-10 facilitate the establishment and operation of an advanced
36-11 electronic procurement system on the Internet to be known as
36-12 "Tex-Mall" for state agencies and local governments. The
36-13 electronic procurement system shall be implemented by the
36-14 Department of Information Resources in coordination with the
36-15 commission. The electronic procurement system shall coordinate an
36-16 electronic network infrastructure accessible through the Internet
36-17 with an active and vital procurement marketplace where goods and
36-18 services may be offered for sale by approved vendors and purchased
36-19 by state agencies and local governments.
36-20 Sec. 2177.0002. DEFINITIONS. In this chapter: (1)
36-21 "department" means the Department of Information Resources.
36-22 (2) "electronic procurement system" means the system
36-23 for procuring goods and services electronically which is comprised
36-24 of the electronic procurement marketplace outlined in Section
36-25 2177.001, the electronic commerce network outlined in Section
36-26 2177.002, and any subsequently developed electronic system for the
37-1 purchase of goods and services implemented by the Department of
37-2 Information Resources and operated by the commission which is
37-3 accessible through the TexasOnline portal or similar Texas state
37-4 Internet portal.
37-5 (3) "Local government" means a:
37-6 (A) county, municipality, special district,
37-7 school district, or other political subdivision of this state; or
37-8 (B) combination of two or more of those
37-9 entities.
37-10 (4) "State agency" means a department, commission,
37-11 board, office, or other agency in the executive branch of state
37-12 government created by the state constitution or a state statute,
37-13 but does not include a university system or an institution of
37-14 higher education as defined by Section 61.003, Education Code.
37-15 (5) "TexasOnline portal" means the common electronic
37-16 system for using the Internet to facilitate electronic interaction
37-17 between state agencies, local governments and members of the public
37-18 that was originally established as, and is a continuation of, the
37-19 demonstration project developed by the Department of Information
37-20 Resources and task force pursuant to Section 2054.062, Government
37-21 Code, as enacted by the 76th Legislature.
37-22 Sec. 2177.001. Electronic Procurement Marketplace. (a) The
37-23 commission, in coordination with the department, shall [establish
37-24 and] manage an electronic procurement marketplace. Subject to the
37-25 approval of the department, the [The] commission may enter into
37-26 contracts with private or public entities to establish or maintain
38-1 all or part of the databases comprising the marketplace, to the
38-2 extent feasible, including contracts to procure hardware or
38-3 software. The commission shall procure all goods and services
38-4 related to the marketplace through a competitive selection process
38-5 appropriate for the good or service being acquired.
38-6 (b) The commission, in consultation with the department
38-7 [Department of Information Resources], shall define standards,
38-8 including keyword and product code standards, for the electronic
38-9 procurement marketplace. The marketplace may contain:
38-10 (1) information relevant to the state's standard
38-11 procurement specifications for goods and services;
38-12 (2) information about vendors, including information
38-13 from the centralized master bidders list and vendor performance
38-14 information;
38-15 (3) information about products, including product
38-16 testing results;
38-17 (4) historical purchasing information, qualified
38-18 purchase lists, and trends; and
38-19 (5) information about the availability of surplus
38-20 property.
38-21 (c) The commission, in coordination with the department, may
38-22 adopt rules relating to the design and use of the electronic
38-23 procurement marketplace, including rules that require state
38-24 agencies to provide information for or receive information from the
38-25 marketplace.
38-26 (d) The commission may make state procurement services
39-1 [information] available to local governments and institutions of
39-2 higher education as defined in Section 61.003, Education Code,
39-3 [political subdivisions] through the electronic procurement
39-4 marketplace on a fee-for-service basis. The commission may [shall]
39-5 set the fees for transactions in an amount that recovers the
39-6 state's costs in providing the access to a local government or
39-7 institution of higher education [political subdivision].
39-8 (e) Before developing a contract for the procurement of a
39-9 good or service, a state agency or local government may use the
39-10 electronic procurement marketplace to determine the most
39-11 appropriate method for acquiring the good or service.
39-12 (f) The marketplace may contain:
39-13 (1) information relevant to the state's standard
39-14 procurement specifications for goods and services;
39-15 (2) information about vendors, including information
39-16 from the centralized master bidders list and vendor performance
39-17 information;
39-18 (3) information about products, including product
39-19 testing results; and
39-20 (4) historical purchasing information, qualified
39-21 purchase lists, and trends.
39-22 (g) The commission may require information from a state
39-23 agency for inclusion in the electronic procurement marketplace.
39-24 (h) The commission shall assist the department in conducting
39-25 an assessment of the functionality of the existing electronic
39-26 procurement marketplace established pursuant to this section to
40-1 determine whether the marketplace should be enhanced, replaced or
40-2 established through the TexasOnline portal.
40-3 (i) Based on the recommendations from the assessment
40-4 conducted pursuant to subsection (h), the electronic procurement
40-5 marketplace, or information from the marketplace, may be integrated
40-6 into, or replaced by, a new or modified electronic procurement
40-7 system implemented by the department with the assistance of the
40-8 commission.
40-9 (j) Prior to initiation or renewal of any contracts between
40-10 the commission and any vendors regarding operation, maintenance or
40-11 upgrades to the marketplace, the commission shall obtain the
40-12 approval of the department.
40-13 Sec. 2177.002. Electronic Commerce Network. (a) The
40-14 commission, in coordination with the department, shall [establish
40-15 and] manage an electronic commerce network or subsequently
40-16 developed electronic procurement system, to the extent feasible,
40-17 under which the state's purchasing transactions with vendors can be
40-18 accomplished electronically by means of facsimile transmissions and
40-19 on-line transmission of necessary information. The commission
40-20 shall comply with applicable rules of the department [Department of
40-21 Information Resources] relating to establishment of electronic
40-22 procurement systems [to the extent that they are based on the
40-23 standard data protocol developed by the American National Standards
40-24 Institute known as electronic data interchange or on other
40-25 efficient standards as determined by the commission].
40-26 (b) Subject to the approval of the department, the [The]
41-1 commission may enter into contracts with one or more public or
41-2 private entities to establish or support various elements of the
41-3 network. The commission shall procure all goods and services
41-4 related to the network through the competitive selection process
41-5 appropriate for the good or service being acquired.
41-6 (c) In coordination with the department, the [The]
41-7 commission may provide for a gateway between the electronic
41-8 procurement marketplace and the electronic commerce network so that
41-9 the elements of a procurement transaction that are within state
41-10 government and the elements of a procurement transaction that
41-11 involve communication with a vendor may all be accomplished
41-12 electronically.
41-13 (d) Each state agency that is capable of participating in
41-14 the electronic commerce network must participate in the network and
41-15 participate in contracts entered into by the commission for the
41-16 establishment or support of the network. The commission shall
41-17 charge an agency a fee for network services provided to the agency
41-18 by the commission or by a contractor so that the cost of providing
41-19 network services to an agency is paid by the agency.
41-20 (e) The commission may allow local governments and
41-21 institutions of higher education as defined by Section 61.003,
41-22 Education Code, [political subdivisions] and other public entities
41-23 that are members of the commission's cooperative purchasing program
41-24 to participate in the electronic commerce network. The commission
41-25 shall require that a participating [political subdivision or other]
41-26 entity is charged a fee for the network services in the same manner
42-1 that participating state agencies are charged fees under Subsection
42-2 (d).
42-3 (f) The commission may also charge private businesses a fee
42-4 for accessing the network.
42-5 (g) In consultation with the department, the [The]
42-6 commission may:
42-7 (1) adopt rules relating to the use of the network [to
42-8 administer this section]; and
42-9 (2) require participating state agencies, local
42-10 governments [political subdivisions], and other public entities
42-11 that desire to use the system to designate a network coordinator.
42-12 (h) The requirements of this section and Section 2177.003
42-13 are in addition to the requirements of other law relating to the
42-14 solicitation of bids, proposals, or expressions of interest for a
42-15 procurement by the commission or another state agency. This
42-16 section and Section 2177.003 do not affect any other law that
42-17 requires the commission or another state agency to award a
42-18 procurement contract through competitive bidding, competitive
42-19 sealed proposals, or another method.
42-20 (i) Prior to initiation or renewal of any contracts between
42-21 the commission and any vendors regarding operation, maintenance or
42-22 upgrades to the network, the commission shall obtain the approval
42-23 of the department.
42-24 (j) The commission shall assist the department in conducting
42-25 an assessment of the functionality of the existing electronic
42-26 commerce network established pursuant to this section to determine
43-1 whether the network should be enhanced, replaced or accessed
43-2 through the TexasOnline portal.
43-3 (k) Based on the recommendations from the assessment
43-4 conducted pursuant to subsection (j), the electronic commerce
43-5 network may be integrated into, or replaced by, a new or modified
43-6 electronic procurement system implemented by the department with
43-7 the assistance of the commission.
43-8 (l) If the network is integrated into, or replaced by a new
43-9 electronic procurement system implemented by the department and
43-10 accessed through the TexasOnline portal, the commission and the
43-11 department shall enter into an agreement regarding distribution of
43-12 the fees charged for transacting business through the network to
43-13 ensure adequate reimbursement for the cost of developing and
43-14 maintaining the portal.
43-15 Sec. 2177.003. PARTICIPATION BY STATE AGENCIES IN ELECTRONIC
43-16 PROCUREMENT SYSTEM [COMMERCE NETWORK]. (a) Each state agency
43-17 shall send to the commission for posting on the electronic commerce
43-18 network or any subsequent electronic procurement system implemented
43-19 by the department, information on each procurement contract the
43-20 value of which will exceed the amount of the agency's delegated
43-21 purchasing authority under Section 2155.132:
43-22 (1) without regard to the source of funds the agency
43-23 will use for the procurement; and
43-24 (2) including a procurement that is:
43-25 (A) a procurement by a state agency that is
43-26 otherwise exempt from the commission's purchasing authority;
44-1 (B) made under delegated purchasing authority
44-2 under Section 2155.131;
44-3 (C) related to a construction project; or
44-4 (D) a procurement of professional or consulting
44-5 services.
44-6 (b) The commission and each participating state agency shall
44-7 include in the information placed on the electronic commerce
44-8 network, to the extent it is feasible, the following information
44-9 for each procurement that the commission will make or that another
44-10 state agency will make under Subsection (a):
44-11 (1) a description of the goods or services to be
44-12 procured;
44-13 (2) the estimated quantity of the goods or services to
44-14 be procured;
44-15 (3) if applicable, the previous price paid by the
44-16 commission or another state agency for the same or similar goods or
44-17 services;
44-18 (4) the estimated date on which the goods or services
44-19 to be procured will be needed; and
44-20 (5) the name, business mailing address, and business
44-21 telephone number of the commission employee or other state agency
44-22 or local government employee a person can contact for further
44-23 information; [to obtain]
44-24 (6) all necessary information relating to making a bid
44-25 or proposal or other applicable expression of interest for the
44-26 procurement contract, including but not limited to terms and
45-1 conditions of the contracts; and
45-2 (7) opportunities available to local governments and
45-3 state agencies for price discounts on volume purchases under the
45-4 contract.
45-5 (c) The commission shall also post on the electronic
45-6 commerce network other information relating to the business
45-7 activity of the state that the commission considers to be of
45-8 interest to the public. Each state agency and participating local
45-9 government shall provide the commission with information the
45-10 commission requires for purposes of this subsection in a format
45-11 prescribed by the commission.
45-12 (d) Each state agency that will award a contract that has
45-13 been placed on the electronic commerce network under Subsection (a)
45-14 shall place notification of the awarding of the contract on the
45-15 electronic commerce network.
45-16 (e) Institutions of higher education as defined in Section
45-17 61.003, Education Code, are encouraged to participate in the
45-18 electronic procurement system established under this chapter, but
45-19 such participation is at the option of the institution.
45-20 Sec. 2177.004. CONSULTATION WITH OTHER ENTITIES. The
45-21 commission shall consult no less than quarterly with the following
45-22 entities to ensure continued responsiveness of the electronic
45-23 procurement system to the needs of the users:
45-24 (1) the department;
45-25 (2) the comptroller;
45-26 (3) the state auditor;
46-1 (4) the Texas government to business coordinating
46-2 council and the vendor advisory council of the commission;
46-3 (5) representatives of state agencies and local
46-4 governments that use the system.
46-5 SECTION 24. Subchapter D, Chapter 271, Local Government
46-6 Code, is amended by adding Section 271.084 to read as follows:
46-7 Sec. 271.084. BUYING UNDER CONTRACT OF STATE AGENCY OR OTHER
46-8 LOCAL GOVERNMENT. (a) For the purposes of this section, "local
46-9 government" and "state agency" have the meaning assigned by Section
46-10 2177.0002, Government Code.
46-11 (b) The General Services Commission shall adopt rules by
46-12 January 1, 2002 specifying the circumstances under which it is not
46-13 advantageous for the state to allow a local government to purchase
46-14 goods or services under a contract made by another local government
46-15 or a state agency other than the commission.
46-16 SECTION 25. Subchapter A, Chapter 111, Tax Code, is amended
46-17 by adding Section 111.0045 to read as follows:
46-18 Sec. 111.0045. ADVANCED TECHNOLOGIES. (a) To enhance the
46-19 efficiency of audits and enforcement activities, the comptroller
46-20 shall acquire and maintain wireless communication equipment for
46-21 comptroller auditors. Such equipment may include but not be
46-22 limited to, wireless modems for laptop computers to enable
46-23 high-speed, wireless access to comptroller systems from remote
46-24 locations.
46-25 (b) The comptroller shall develop, implement and maintain an
46-26 advanced electronic audit database system for the comptroller's
47-1 audit division. The system shall provide centralized management of
47-2 audit transaction data, enhanced quality control of data, and be
47-3 compatible with other state data systems. The comptroller may
47-4 contract with an appropriate vendor to develop or implement the
47-5 system. If the comptroller contracts with a person to develop or
47-6 implement the system, the comptroller shall take steps to protect
47-7 any confidential information that must be provided to the person to
47-8 allow development of the system. A person who receives
47-9 confidential information under this section and each employee or
47-10 agent of that person is subject to the same prohibitions against
47-11 disclosure of the information, as well as the same penalties and
47-12 sanctions for improper disclosure, that apply to the comptroller or
47-13 an employer of the comptroller.
47-14 (c) To enhance enforcement capabilities, the comptroller
47-15 shall acquire and maintain portable computing systems with remote
47-16 or wireless communications equipment for comptroller enforcement
47-17 staff. The portable computers shall be integrated with an
47-18 electronic signature capturing system and portable printing
47-19 capabilities to enhance the security of the collections process.
47-20 The wireless modems shall enable enforcement officers to verify
47-21 taxpayer claims, update taxpayer information from the field, and
47-22 facilitate account updates.
47-23 (d) To enhance productivity, the comptroller shall acquire
47-24 advanced scanners for comptroller field offices. The scanners
47-25 shall enable enforcement officers to scan enforcement data directly
47-26 into comptroller databases without the necessity for manual
48-1 reentry.
48-2 (e) To enhance the productivity of operations, the
48-3 comptroller may employ or contract for the services of accountants,
48-4 auditors, investigators, assistants, clerks, and information
48-5 technology specialists to provide or utilize the technologies
48-6 described in this section and to assist with the administration of
48-7 the Tax Code, and the comptroller may delegate to employees or
48-8 contractors the authority to perform duties as required.
48-9 SECTION 26. Section 57.042, Utilities Code, is amended by
48-10 adding Subdivision (12) to read as follows:
48-11 (12) "Telecommunications planning group" means the
48-12 group organized under Subchapter H, Chapter 2054, Government Code.
48-13 SECTION 27. Section 57.045, Utilities Code, is amended by
48-14 adding Subsection (e) to read as follows:
48-15 (e) The board, in cooperation with the governor and the
48-16 members of the telecommunications planning group, shall attempt to
48-17 acquire and ensure the use of any grant funding available from the
48-18 federal government for:
48-19 (1) statewide or community computer networking
48-20 solutions including initiatives described by Section 57.047; and
48-21 (2) regional or community technology education
48-22 initiatives.
48-23 SECTION 28. Section 57.046(b), Utilities Code, is amended to
48-24 read as follows:
48-25 (b) The board shall use money in the qualifying entities
48-26 account for any purpose authorized by this subchapter, including:
49-1 (1) equipment;
49-2 (2) wiring;
49-3 (3) material;
49-4 (4) program development;
49-5 (5) training;
49-6 (6) installation costs; [and]
49-7 (7) collaborative community computer networks; and
49-8 (8) a statewide telecommunications network.
49-9 SECTION 29. Sections 57.047(c)-(f), Utilities Code, are
49-10 amended to read as follows:
49-11 (c) The board may award a grant or loan for collaborative
49-12 community computer networking to a consortium of one or more
49-13 political subdivisions, educational institutions, libraries,
49-14 telemedicine centers, or other entities. The grant or loan may be
49-15 used only for telecommunications infrastructure and equipment,
49-16 local area network wiring and cabling, and local area network hub
49-17 equipment, including wireless devices, to support the development
49-18 of local and wide-area computer networks for the consortium or to
49-19 permit access of a collaborative community computer network to the
49-20 consolidated telecommunications system operated under Chapter 2170,
49-21 Government Code. The grant or loan may be used to acquire personal
49-22 computers, software or related equipment only if the board finds
49-23 the acquisition necessary for the implementation of collaborative
49-24 community computer networking. As a condition of a grant or loan
49-25 under this subsection, the board shall require the consortium to
49-26 design for its network a community web portal that meets the
50-1 standards established by the Department of Information Resources
50-2 for the common Texas Internet portal for state and local
50-3 governments currently known as TexasOnline. The board shall award
50-4 grants and loans under this subsection through a competitive and
50-5 collaborative application process to select collaborative community
50-6 computer networks that show the best potential for being
50-7 self-sustaining after funding under this subsection expires.
50-8 (d) In awarding a grant or loan under this subchapter, the
50-9 board shall give priority to a project or proposal that:
50-10 (1) represents collaborative efforts involving more
50-11 than one political subdivision, school, university, or library;
50-12 (2) contributes matching funds from another source;
50-13 (3) shows promise of becoming self-sustaining;
50-14 (4) helps users of information learn new ways to
50-15 acquire and use information through telecommunications;
50-16 (5) extends specific educational information and
50-17 knowledge services to a group not previously served, especially a
50-18 group in a rural or remote area;
50-19 (6) results in more efficient or effective learning
50-20 than conventional teaching;
50-21 (7) improves the effectiveness and efficiency of
50-22 health care delivery; or
50-23 (8) takes advantage of distance learning opportunities
50-24 in a rural or urban school district with a:
50-25 (A) disproportionate number of at-risk youths;
50-26 or
51-1 (B) high dropout rate.
51-2 (e) [(d)] In distributing money to public schools, the board
51-3 shall:
51-4 (1) consider the relative property wealth per student
51-5 of the school districts that receive the money; and
51-6 (2) recognize the unique needs of rural communities.
51-7 (f) The board shall establish a goal of awarding to
51-8 political subdivisions grants and loans under Subsection (c) of not
51-9 less than $12 million each year and shall set priorities for
51-10 awarding additional grant funding for collaborative community
51-11 computer networking initiatives from available money.
51-12 (g) [(e)] If a board member is an employee of an entity that
51-13 applies for a grant or loan under this subchapter, the board
51-14 member, before a vote on the grant or loan, shall disclose the fact
51-15 of the member's employment. The disclosure must be entered into
51-16 the minutes of the meeting. The board member may not vote on or
51-17 otherwise participate in the awarding of the grant or loan. If the
51-18 board member does not comply with this subsection, the entity is
51-19 not eligible for the grant or loan.
51-20 (h) [(f)] A grant or loan awarded under this section is
51-21 subject to the limitations prescribed by Section 57.046.
51-22 SECTION 30. (a) The Department of Information Resources
51-23 shall conduct a study of the feasibility of creating regional
51-24 technology centers with membership composed of political
51-25 subdivisions of each region of this state to foster collaborative
51-26 community networking by:
52-1 (1) establishing and promoting independently funded
52-2 community technology centers to help residents and business
52-3 entities in gaining access to Internet information and resources;
52-4 (2) providing technical support to political
52-5 subdivisions regarding community networking;
52-6 (3) eliminating connectivity barriers between
52-7 governmental units; and
52-8 (4) coordinating access to geographical information
52-9 system information for its members, especially for those members
52-10 that otherwise would not have the necessary infrastructure,
52-11 equipment, or personnel to use the information.
52-12 (b) The study shall include an evaluation of the utility of
52-13 coordinating efforts described by Subsection (a)(4) of this section
52-14 among regional technology centers, community technology centers,
52-15 and the proposed Texas Geography Network, if the network is
52-16 created.
52-17 (c) The Department of Information Resources shall report the
52-18 results of the study to the governor, lieutenant governor, speaker
52-19 of the house of representatives, and the comptroller. The report
52-20 must be delivered not later than October 1, 2002.
52-21 SECTION 31. EFFECTIVE DATE. This Act takes effect on
52-22 September 1, 2001.