1-1 By: Duncan S.B. No. 1458
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1458 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the management of state agency and local government
1-11 electronic projects, equipment, and contracts, to the purchase and
1-12 use of certain advanced technological equipment, and to the use of
1-13 outside personnel by the comptroller of public accounts.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 ARTICLE 1. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT OFFICE
1-16 SECTION 1.01. CREATION OF OFFICE. Subtitle B, Title 10,
1-17 Government Code, is amended by adding Chapter 2055 to read as
1-18 follows:
1-19 CHAPTER 2055. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
1-20 SUBCHAPTER A. GENERAL PROVISIONS
1-21 Sec. 2055.001. DEFINITIONS. In this chapter:
1-22 (1) "Board," "department," "electronic government
1-23 project," "local government," and "TexasOnline" have the meanings
1-24 assigned by Section 2054.003.
1-25 (2) "Institution of higher education" has the meaning
1-26 assigned by Section 61.003, Education Code.
1-27 (3) "Office" means the Electronic Government Program
1-28 Management Office of the department.
1-29 (4) "State agency" has the meaning assigned by Section
1-30 2054.003, except that the term does not include a university system
1-31 or institution of higher education.
1-32 Sec. 2055.002. APPLICABILITY TO INSTITUTIONS OF HIGHER
1-33 EDUCATION. (a) Except as provided by Subsection (b), the
1-34 requirements of this chapter regarding electronic government
1-35 projects do not apply to institutions of higher education.
1-36 (b) Subject to approval by the office, an institution of
1-37 higher education may elect to participate regarding an electronic
1-38 government project of that institution in the same manner as a
1-39 state agency under this chapter. If the institution makes this
1-40 election and the office approves the election, the institution:
1-41 (1) shall comply with this chapter regarding that
1-42 electronic government project in the same manner as a state agency;
1-43 and
1-44 (2) may not withdraw the project from management by
1-45 the office unless the office approves the withdrawal.
1-46 (Sections 2055.003-2055.050 reserved for expansion
1-47 SUBCHAPTER B. PROGRAM MANAGEMENT OFFICE
1-48 Sec. 2055.051. CREATION. The department shall create an
1-49 Electronic Government Program Management Office to direct and
1-50 facilitate the implementation of electronic government projects
1-51 selected under this chapter.
1-52 Sec. 2055.052. GENERAL POWERS AND DUTIES. The office shall:
1-53 (1) establish and support standard business practices
1-54 for electronic government projects;
1-55 (2) coordinate and establish standards for
1-56 implementation of electronic government projects;
1-57 (3) identify and incorporate best practices for
1-58 electronic government projects in such areas as:
1-59 (A) the procurement of hardware, software, and
1-60 technology services;
1-61 (B) project support;
1-62 (C) implementation strategies;
1-63 (D) project planning and scheduling;
1-64 (E) quality assurance;
2-1 (F) overall team coordination;
2-2 (G) status reporting; and
2-3 (H) technical standards; and
2-4 (4) provide risk management and quality assurance
2-5 services for electronic government projects.
2-6 Sec. 2055.053. LOCAL GOVERNMENT AND FEDERAL PROJECTS. The
2-7 office may coordinate electronic government projects involving:
2-8 (1) local government; or
2-9 (2) the federal government.
2-10 Sec. 2055.054. COORDINATION AMONG STATE AGENCIES; APPROVAL
2-11 OF SPENDING. (a) In coordination with the Legislative Budget
2-12 Board and the comptroller, the office shall:
2-13 (1) identify the resources necessary for projects and
2-14 opportunities among multiple state agencies for the coordination of
2-15 electronic government projects; and
2-16 (2) approve spending of money for electronic
2-17 government projects by affected state agencies under Section
2-18 2055.101.
2-19 (b) The office shall create state agency coordination teams,
2-20 as appropriate, to reduce information technology expenditures and
2-21 eliminate unnecessary duplication.
2-22 Sec. 2055.055. COOPERATION; STANDARDS. (a) A state agency
2-23 shall:
2-24 (1) cooperate with the department and the office
2-25 regarding electronic government projects; and
2-26 (2) provide to the department, as often as may be
2-27 required and in the format required by the department, all
2-28 information required by the department under this chapter that has
2-29 not already been submitted to the department.
2-30 (b) In requesting cooperation from a state agency under this
2-31 section, the department shall consider the necessity of the request
2-32 as well as the cost to the agency in time and resources.
2-33 (c) The office shall establish standards for state agencies
2-34 to follow in implementing selected electronic government projects
2-35 to ensure maximum savings through cooperation among agencies.
2-36 Sec. 2055.056. QUALITY ASSURANCE. In coordination with the
2-37 state auditor, the Legislative Budget Board, and the affected state
2-38 agency, the office shall provide quality assurance services to
2-39 monitor electronic government projects selected under Section
2-40 2055.101.
2-41 Sec. 2055.057. FUNDING FOR PROGRAM MANAGEMENT OFFICE.
2-42 (a) In coordination with the comptroller, Governor's Office of
2-43 Budget and Planning, state auditor, and Legislative Budget Board,
2-44 the office shall develop a model for funding the office from a
2-45 portion of the money appropriated for projects selected under
2-46 Section 2055.101, including staff necessary for the office. The
2-47 office shall submit the model for approval by the governor and
2-48 adoption by the department as a rule.
2-49 (b) Each state agency that has an electronic government
2-50 project selected under Section 2055.101 shall enter into an
2-51 agreement with the department under Chapter 771 to provide
2-52 reimbursement to the department for the services of the office
2-53 according to the model established under Subsection (a).
2-54 Sec. 2055.058. TEXASONLINE. (a) The division of the
2-55 department with responsibility for TexasOnline shall coordinate the
2-56 ongoing development of TexasOnline with the office.
2-57 (b) The office shall promote the use of TexasOnline by state
2-58 agencies.
2-59 Sec. 2055.059. USE OF WEST TEXAS DISASTER RECOVERY AND
2-60 OPERATIONS CENTER. (a) In this section, "center" means the West
2-61 Texas Disaster Recovery and Operations Center.
2-62 (b) The office shall use the center for the consolidation of
2-63 data operations and recovery to the extent that using the center
2-64 provides the best value to the state.
2-65 (c) The office shall serve as the state's primary contact
2-66 with the center regarding the consolidation of data operations and
2-67 recovery.
2-68 (d) The office shall encourage increased use of the center
2-69 by state agencies.
3-1 (Sections 2055.060-2055.100 reserved for expansion
3-2 SUBCHAPTER C. MANAGEMENT OF ELECTRONIC GOVERNMENT PROJECTS
3-3 Sec. 2055.101. SELECTION OF ELECTRONIC GOVERNMENT PROJECTS.
3-4 (a) The office, in coordination with the governor, state auditor,
3-5 and Legislative Budget Board, shall develop selection criteria for
3-6 the type of electronic government projects that require direct
3-7 oversight by the office. The criteria must include:
3-8 (1) issues related to interagency cooperation and
3-9 implementation;
3-10 (2) costs, including reimbursement strategies;
3-11 (3) requirements for authentication and security
3-12 implications; and
3-13 (4) the state's strategic vision regarding electronic
3-14 government projects.
3-15 (b) The office shall submit the criteria developed under
3-16 Subsection (a) to the department. The department shall adopt the
3-17 criteria by rule.
3-18 (c) Based on any selection criteria adopted under Subsection
3-19 (b) and in coordination with the governor, state auditor, and
3-20 Legislative Budget Board, the office may select proposed or
3-21 existing electronic government projects.
3-22 Sec. 2055.102. APPEAL OF SELECTION. (a) A state agency
3-23 that disagrees with the selection of an electronic government
3-24 project under Section 2055.101 may appeal to the executive director
3-25 of the department. If the agency disagrees with the executive
3-26 director's decision, the agency may then appeal to the board. If
3-27 the agency disagrees with the board's decision, the agency may then
3-28 appeal to the governor. The governor's decision regarding
3-29 selection is final.
3-30 (b) The department by rule shall adopt appeal procedures.
3-31 Sec. 2055.103. USE OF TEXASONLINE. (a) To the extent
3-32 possible, the office shall use TexasOnline for electronic
3-33 government projects that it manages.
3-34 (b) The office shall evaluate current and potential
3-35 electronic government projects to determine whether they are
3-36 suitable for TexasOnline.
3-37 Sec. 2055.104. SPENDING ON SELECTED ELECTRONIC GOVERNMENT
3-38 PROJECTS. (a) A state agency must receive the approval of the
3-39 office before the agency may spend or encumber money on an
3-40 electronic government project selected under Section 2055.101. If
3-41 the agency spends money without the approval of the office, the
3-42 office may recommend to the governor that spending for the project
3-43 be terminated under Section 2055.105.
3-44 (b) If a state agency disagrees with the office's refusal to
3-45 approve spending under Subsection (a), the agency may appeal to the
3-46 governor. If the governor agrees with the agency, the office shall
3-47 approve the spending.
3-48 (c) The office, in coordination with the Legislative Budget
3-49 Board and the comptroller and subject to the approval of the
3-50 governor's office of budget and planning, shall establish
3-51 procedures for approval of spending under Subsection (a). The
3-52 procedures must include:
3-53 (1) a review of project implementation; and
3-54 (2) an assessment of whether the project is meeting
3-55 its objectives and complying with any standards established by the
3-56 department.
3-57 Sec. 2055.105. AUTHORITY TO TERMINATE OR REINSTATE SPENDING
3-58 ON ELECTRONIC GOVERNMENT PROJECTS. (a) In coordination with the
3-59 Legislative Budget Board and the Governor's Office of Budget and
3-60 Planning, the office shall submit criteria to the department for
3-61 terminating or reinstating selected electronic government projects.
3-62 The criteria must consider:
3-63 (1) the state agency's compliance with this chapter;
3-64 (2) the state agency's compliance with department
3-65 rules;
3-66 (3) the success of the project;
3-67 (4) the needs of any affected state agencies; and
3-68 (5) any changes in technology that affect the project.
3-69 (b) The department shall adopt the criteria by rule.
4-1 (c) The office may recommend to the governor that an
4-2 electronic government project selected under Section 2055.101 be
4-3 terminated or temporarily halted if the project fails to meet the
4-4 criteria adopted under Subsection (b).
4-5 (d) On a recommendation from the office that an electronic
4-6 government project should be terminated or temporarily halted, the
4-7 governor may direct the comptroller to deny the state agency access
4-8 to the agency's appropriations that relate to the development or
4-9 implementation of the electronic government project. The denial of
4-10 access continues until the governor is satisfied that the
4-11 electronic government project can be implemented efficiently and
4-12 consistently under the criteria for reinstatement established by
4-13 this section.
4-14 Sec. 2055.106. ENTERPRISE RESOURCE PLANNING; USE OF OFFICE
4-15 REQUIRED. (a) As used in this section, "enterprise resource
4-16 planning" includes the administration of an entity's:
4-17 (1) general ledger;
4-18 (2) accounts payable;
4-19 (3) accounts receivable;
4-20 (4) budgeting;
4-21 (5) inventory;
4-22 (6) asset management;
4-23 (7) billing;
4-24 (8) payroll;
4-25 (9) projects;
4-26 (10) grants; and
4-27 (11) human resources, including performance measures,
4-28 time spent on tasks, and other personnel and labor issues.
4-29 (b) In coordination with the Health and Human Services
4-30 Commission and the comptroller, the office shall establish
4-31 standards for implementing an electronic government project for
4-32 enterprise resource planning systems in this state. The standards
4-33 must build on the models developed by the commission.
4-34 (c) A state agency that chooses to implement or modify an
4-35 electronic government project for an enterprise resource planning
4-36 system must comply with the standards developed by the office under
4-37 this section.
4-38 Sec. 2055.107. ONLINE SERVICE FOR NEW BUSINESSES. (a) The
4-39 office, with assistance from the business permit office of the
4-40 Texas Department of Economic Development and any other affected
4-41 state agencies, shall develop and implement a plan for the creation
4-42 of an electronic government project to provide new businesses in
4-43 this state a single source for information and permitting.
4-44 (b) The project must:
4-45 (1) be integrated with TexasOnline; and
4-46 (2) provide comprehensive and relevant information for
4-47 a new business, including:
4-48 (A) steps and information necessary to start a
4-49 new business;
4-50 (B) general business regulations;
4-51 (C) information on licensing and permitting; and
4-52 (D) relevant telephone numbers and Internet
4-53 addresses for seeking further information.
4-54 (c) The Texas Department of Economic Development, secretary
4-55 of state, Texas Natural Resource Conservation Commission, Texas
4-56 Department of Licensing and Regulation, Texas Department of
4-57 Transportation, comptroller, and any other state agency involved in
4-58 issuing permits to new businesses shall assist the office in the
4-59 development and operation of the project.
4-60 (d) State agencies shall cooperate with the office to
4-61 structure their procedures to facilitate participation in the
4-62 project.
4-63 (Sections 2055.108-2055.150 reserved for expansion
4-64 SUBCHAPTER D. LEGISLATIVE OVERSIGHT COMMITTEE
4-65 Sec. 2055.151. DEFINITION. In this subchapter, "oversight
4-66 committee" means the Legislative Oversight Committee for Electronic
4-67 Government Projects.
4-68 Sec. 2055.152. CREATION. The Legislative Oversight
4-69 Committee for Electronic Government Projects is created to oversee
5-1 the establishment of electronic government projects by the office
5-2 and state agencies.
5-3 Sec. 2055.153. MEMBERS. The oversight committee consists of
5-4 six members, appointed as follows:
5-5 (1) the chair of the house committee on appropriations
5-6 or a member of the committee designated by the chair;
5-7 (2) the chair of the house committee on state affairs
5-8 or a member of the committee designated by the chair;
5-9 (3) one member of the house of representatives,
5-10 appointed by the speaker of the house;
5-11 (4) the chair of the senate committee on finance or a
5-12 member of the committee designated by the chair;
5-13 (5) the chair of the senate committee on state affairs
5-14 or a member of the committee designated by the chair; and
5-15 (6) one member of the senate appointed by the
5-16 lieutenant governor.
5-17 Sec. 2055.154. OFFICERS. (a) The oversight committee shall
5-18 annually select a member to serve as presiding officer.
5-19 (b) The presiding officer shall appoint a vice presiding
5-20 officer from the other house of the legislature.
5-21 Sec. 2055.155. GENERAL POWERS AND DUTIES. (a) The
5-22 oversight committee shall oversee and review the implementation of
5-23 electronic government projects by:
5-24 (1) the office or any other division of the department
5-25 with responsibilities regarding TexasOnline; and
5-26 (2) state agencies, including the state agency with
5-27 primary responsibility for implementing TexasOnline.
5-28 (b) The oversight and review shall include policies related
5-29 to fiscal matters and the cost-effectiveness of the efforts of the
5-30 agencies and the office.
5-31 (c) The oversight committee shall make recommendations to
5-32 the legislature and the board concerning:
5-33 (1) best practices regarding information technology
5-34 and electronic government projects, and methods for implementing
5-35 those practices in this state; and
5-36 (2) changes in legislative technology policy.
5-37 Sec. 2055.156. TEXASONLINE. The oversight committee shall
5-38 recommend, to the state agency with primary responsibility for
5-39 implementing TexasOnline, what constitutes the infrastructure of
5-40 TexasOnline.
5-41 Sec. 2055.157. RESPONSIBILITY FOR REPORTS; BUDGET. (a) The
5-42 oversight committee shall make recommendations to the legislature
5-43 based on reports prepared by:
5-44 (1) the office or any other division of the department
5-45 with responsibilities regarding TexasOnline; and
5-46 (2) the state agency with primary responsibility for
5-47 implementing TexasOnline.
5-48 (b) The oversight committee may:
5-49 (1) request reports and other information from:
5-50 (A) the board;
5-51 (B) the department;
5-52 (C) the office or any other division of the
5-53 department with responsibilities regarding TexasOnline; or
5-54 (D) the state agency with primary responsibility
5-55 for implementing TexasOnline; and
5-56 (2) review and comment on the budget for the office or
5-57 any other division of the department with responsibilities
5-58 regarding TexasOnline.
5-59 Sec. 2055.158. PUBLIC HEARINGS. The oversight committee may
5-60 hold public hearings. The oversight committee may administer oaths
5-61 and issue subpoenas as necessary to compel the attendance of
5-62 witnesses or the production of documents.
5-63 Sec. 2055.159. ADVISORY COMMITTEES. The oversight committee
5-64 may appoint advisory committees to make recommendations regarding
5-65 electronic government projects. In making appointments to an
5-66 advisory committee under this section, the oversight committee may
5-67 include public members, including public members who are experts in
5-68 technology and the implementation of that technology in state
5-69 government.
6-1 Sec. 2055.160. DEPARTMENT OF INFORMATION RESOURCES. The
6-2 department shall consider any comments from the oversight committee
6-3 before adopting rules.
6-4 Sec. 2055.161. STAFF; USE BY LEGISLATURE. (a) The
6-5 oversight committee may employ staff necessary to implement its
6-6 duties.
6-7 (b) On request of the oversight committee, the Legislative
6-8 Budget Board and Texas Legislative Council shall provide staff to
6-9 the oversight committee.
6-10 (c) Any member of the legislature may use staff employed by
6-11 the oversight committee.
6-12 Sec. 2055.162. COOPERATION WITH OTHER STATE AGENCIES. On
6-13 request by the oversight committee, a state agency shall cooperate
6-14 with and assist the oversight committee.
6-15 (Sections 2055.163-2055.200 reserved for expansion
6-16 SUBCHAPTER E. ADDITIONAL PLANNING, OVERSIGHT, AND REPORTS
6-17 Sec. 2055.201. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
6-18 OFFICE ADVISORY COMMITTEE. (a) The board shall create an
6-19 Electronic Government Program Management Office Advisory Committee
6-20 under Section 2054.033 to provide ongoing direction for the
6-21 operation of the office.
6-22 (b) The board shall appoint not more than 15 members to the
6-23 committee. The committee must include:
6-24 (1) one member from a large state agency;
6-25 (2) one member from a small state agency;
6-26 (3) one member from a state agency not described by
6-27 Subdivision (1) or (2);
6-28 (4) one member from a local government;
6-29 (5) one member from an institution of higher
6-30 education;
6-31 (6) one member from the comptroller's office;
6-32 (7) one member from the governor's office;
6-33 (8) one member from the state auditor's office;
6-34 (9) one member from the Legislative Budget Board; and
6-35 (10) at least two public members, including one member
6-36 who represents a business.
6-37 (c) The committee shall assist the office to:
6-38 (1) establish:
6-39 (A) procedures;
6-40 (B) project priorities; and
6-41 (C) reporting requirements; and
6-42 (2) provide:
6-43 (A) guidance, direction, and perspective about
6-44 the office's operations; and
6-45 (B) recommendations for implementing electronic
6-46 government projects in this state.
6-47 (d) A governmental member of the committee may be reimbursed
6-48 for expenses only from money available to the governmental entity
6-49 the member represents.
6-50 Sec. 2055.202. STRATEGIC AND BIENNIAL OPERATING PLANS. The
6-51 office shall review state agency plans prepared under Sections
6-52 2054.095 and 2054.100 to:
6-53 (1) identify electronic government projects that
6-54 should be selected by the office for management; and
6-55 (2) recommend any changes to those plans or the
6-56 instructions for those plans to ensure that electronic government
6-57 projects are consistent with the state strategic plan.
6-58 Sec. 2055.203. REPORTS ON ELECTRONIC GOVERNMENT PROJECTS.
6-59 (a) In coordination with the quality assurance team of the
6-60 Legislative Budget Board and the state auditor, the office shall
6-61 establish a state agency reporting system that requires state
6-62 agencies to report to the office on:
6-63 (1) electronic government projects selected under
6-64 Section 2055.101 so that the office may effectively monitor those
6-65 projects; and
6-66 (2) all other electronic government projects for that
6-67 agency.
6-68 (b) The reports established under Subsection (a)(1) must
6-69 include an analysis of:
7-1 (1) efficiencies achieved by the project;
7-2 (2) costs and benefits; and
7-3 (3) the scope of the project, including persons
7-4 affected by the project.
7-5 Sec. 2055.204. ANNUAL REPORT TO LEGISLATIVE OVERSIGHT
7-6 COMMITTEE. (a) Not later than September 1 of each year, the
7-7 office shall report to the Legislative Oversight Committee for
7-8 Electronic Government Projects on the status of the office and the
7-9 electronic government projects managed by the office, including:
7-10 (1) savings achieved;
7-11 (2) efficiencies achieved;
7-12 (3) other potential projects or areas for
7-13 standardization;
7-14 (4) the services provided by the office;
7-15 (5) the cost-effectiveness of the office; and
7-16 (6) best practices regarding information technology
7-17 and electronic government projects, and methods for implementing
7-18 those practices in this state.
7-19 (b) The Legislative Oversight Committee for Electronic
7-20 Government Projects must review and approve the report before
7-21 appropriate information may be included in the report proposed
7-22 under Section 2054.055.
7-23 SECTION 1.02. REPORT ON ELECTRONIC GOVERNMENT PROJECTS.
7-24 Subsection (b), Section 2054.055, Government Code, is amended to
7-25 read as follows:
7-26 (b) The report must:
7-27 (1) assess the progress made toward meeting the goals
7-28 and objectives of the state strategic plan for information
7-29 resources management;
7-30 (2) describe major accomplishments of the state or a
7-31 specific state agency in information resources management;
7-32 (3) describe major problems in information resources
7-33 management confronting the state or a specific state agency;
7-34 (4) provide a summary of the total expenditures for
7-35 information resources and information resources technologies by the
7-36 state; [and]
7-37 (5) make recommendations for improving the
7-38 effectiveness and cost-efficiency of the state's use of information
7-39 resources;
7-40 (6) include a list compiled by the department's
7-41 program management office from the information gathered under
7-42 Sections 2055.202 and 2055.203 of the electronic government
7-43 projects:
7-44 (A) that are managed by the office under Chapter
7-45 2055; and
7-46 (B) that are not yet managed by the office under
7-47 Chapter 2055, but have been selected for management under Chapter
7-48 2055; and
7-49 (7) include appropriate information from the report
7-50 prepared under Section 2055.204.
7-51 SECTION 1.03. REPORT ON STRATEGIC AND BIENNIAL OPERATING
7-52 PLANS. Not later than November 1, 2001, the Electronic Government
7-53 Program Management Office shall complete its recommendations on
7-54 modifying instructions based on the initial review conducted under
7-55 Section 2055.202, Government Code, as added by this article.
7-56 SECTION 1.04. APPOINTMENT OF LEGISLATIVE OVERSIGHT
7-57 COMMITTEE. Not later than November 15, 2001, the members of the
7-58 Legislative Oversight Committee for Electronic Government Projects
7-59 created under Subchapter D, Chapter 2055, Government Code, as added
7-60 by this article, must be designated as provided under Section
7-61 2055.153, Government Code, as added by this article.
7-62 SECTION 1.05. APPOINTMENT OF ELECTRONIC PROGRAM MANAGEMENT
7-63 OFFICE ADVISORY COMMITTEE. Not later than January 15, 2002, the
7-64 governing board of the Department of Information Resources shall
7-65 appoint the members of the Electronic Government Program Management
7-66 Office Advisory Committee, as provided by Section 2055.201,
7-67 Government Code, as added by this article.
7-68 SECTION 1.06. ADOPTION OF RULES. Not later than May 31,
7-69 2002, the Department of Information Resources shall adopt the rules
8-1 required by Sections 2055.057, 2055.101, 2055.102, and 2055.105,
8-2 Government Code, as added by this article.
8-3 SECTION 1.07. PLAN. (a) Not later than September 1, 2002,
8-4 the Electronic Government Program Management Office shall complete
8-5 the plan required under Section 2055.107, Government Code, as added
8-6 by this article. The plan must outline the recommendations and
8-7 resources necessary to further develop and implement the Internet
8-8 services provided under that section.
8-9 (b) The business permit office of the Texas Department of
8-10 Economic Development and any other affected state agencies shall
8-11 assist the Electronic Government Program Management Office in
8-12 developing the plan.
8-13 ARTICLE 2. CREATION OF SEAT MANAGEMENT OFFICE;
8-14 STUDY ON SEAT MANAGEMENT
8-15 SECTION 2.01. SEAT MANAGEMENT. Chapter 2054, Government
8-16 Code, is amended by adding Subchapter K to read as follows:
8-17 SUBCHAPTER K. SEAT MANAGEMENT
8-18 Sec. 2054.351. DEFINITIONS. In this subchapter:
8-19 (1) "Office" means the seat management office created
8-20 under this subchapter.
8-21 (2) "Seat management" means the seat management method
8-22 described by Section 2054.355(b).
8-23 (3) "State agency" has the meaning assigned by Section
8-24 2054.003, except that the term does not include a university system
8-25 or institution of higher education as defined by Section 61.003,
8-26 Education Code.
8-27 Sec. 2054.352. CREATION. The department shall create a seat
8-28 management office to:
8-29 (1) conduct and evaluate the study under Section
8-30 2054.354;
8-31 (2) make recommendations under Section 2054.355; and
8-32 (3) advise state agencies on seat management issues.
8-33 Sec. 2054.353. CONSULTATION. A state agency shall consult
8-34 with the office:
8-35 (1) before making any decisions regarding seat
8-36 management; and
8-37 (2) if the agency conducts any studies or other
8-38 analyses regarding seat management.
8-39 Sec. 2054.354. TOTAL COST OF OWNERSHIP STUDIES. (a) The
8-40 department shall select 10 to 12 state agencies to participate in a
8-41 pilot study. Each agency shall study the total cost of all
8-42 personal computers and related systems used by the agency,
8-43 including both owned and leased systems. The study must include:
8-44 (1) direct costs, including costs for hardware,
8-45 software, peripheral equipment, networks, management and support
8-46 labor hours, systems development, and communications; and
8-47 (2) indirect costs, including computer downtime and
8-48 end-user training, self-teaching, support, and any other costs
8-49 related to the use of the personal computer.
8-50 (b) An agency selected under this section shall cooperate
8-51 with the department in conducting the study.
8-52 (c) The department, including the office, on request shall
8-53 assist a state agency in complying with this section.
8-54 (d) Not later than May 1, 2002, each selected state agency
8-55 shall report on the results of its study to the department.
8-56 Sec. 2054.355. STUDY AND RECOMMENDATIONS ON USE OF PRIVATE
8-57 CONTRACTORS TO IMPLEMENT SEAT MANAGEMENT. (a) The office shall
8-58 analyze the results of the studies under Section 2054.354 to assess
8-59 the feasibility of establishing a statewide seat management system
8-60 at the time the assessment is completed or at a later time.
8-61 (b) As part of the feasibility study, the office shall
8-62 analyze seat management, through which a state agency transfers its
8-63 personal computer equipment and service responsibilities to a
8-64 private vendor as described by this subsection. The state agency
8-65 would hire a private vendor to manage the personal computing needs
8-66 for each desktop in a state agency, including all necessary
8-67 hardware, software, and support services. Under this method, the
8-68 vendor would be responsible for some or all planning, installation,
8-69 configuration, testing, maintenance, repair, upgrading, training,
9-1 project management, asset management, disposal, and other services
9-2 related to the agency's personal computing needs. Subject to the
9-3 agency's needs and a vendor contract, the vendor selected by the
9-4 agency would satisfy the agency's personal computer needs,
9-5 including:
9-6 (1) personal computer acquisition and support;
9-7 (2) local area networks;
9-8 (3) Internet access;
9-9 (4) electronic mail;
9-10 (5) help-desk support for user questions and
9-11 maintenance requests;
9-12 (6) remote-access needs;
9-13 (7) technology upgrades necessary to keep equipment
9-14 current; and
9-15 (8) any other data, voice, and video communication
9-16 needs.
9-17 (c) The office shall study different types of contracts that
9-18 could be used to implement seat management.
9-19 (d) Not later than November 1, 2002, the office shall report
9-20 its recommendations to the presiding officer of each house of the
9-21 legislature and to the committees of each house of the legislature
9-22 that have primary oversight jurisdiction over the department. The
9-23 recommendations must include:
9-24 (1) whether a statewide seat management plan should be
9-25 implemented;
9-26 (2) a plan, if seat management implementation is
9-27 recommended under Subdivision (1), to transfer selected state
9-28 agency computer equipment and service responsibilities to private
9-29 vendors;
9-30 (3) an estimate of implementation costs;
9-31 (4) an estimate of potential savings due to the
9-32 transfers;
9-33 (5) a plan for the office to develop seat management
9-34 contracts, including the development of a multiple award schedule
9-35 of contracts for use by state agencies;
9-36 (6) procedures for state agencies to:
9-37 (A) follow when a vendor fails to meet the needs
9-38 of the agency; and
9-39 (B) change to a different vendor; and
9-40 (7) proposals to add responsibilities for the office,
9-41 including the responsibility to:
9-42 (A) establish minimum standards for the use of
9-43 seat management by state agencies;
9-44 (B) serve as a best practices repository for
9-45 seat management;
9-46 (C) develop a guidebook on seat management for
9-47 use by state agencies; and
9-48 (D) evaluate and recommend modifications to the
9-49 state's seat management practices.
9-50 Sec. 2054.356. PERSONAL COMPUTER INVENTORY REPORTING BY
9-51 STATE AGENCIES. Not later than September 1, 2002, and September 1,
9-52 2003, each state agency shall provide the office with an inventory
9-53 of all personal computers used by that agency as of June 1, 2002,
9-54 and June 1, 2003, respectively.
9-55 Sec. 2054.357. EXPIRATION. This subchapter expires
9-56 September 1, 2003.
9-57 ARTICLE 3. TEXASONLINE
9-58 SECTION 3.01. AMENDMENT OF DEFINITIONS. Section 2054.003,
9-59 Government Code, is amended to read as follows:
9-60 Sec. 2054.003. DEFINITIONS. In this chapter:
9-61 (1) "Application" means a separately identifiable and
9-62 interrelated set of information resources technologies that allows
9-63 a state agency to manipulate information resources to support
9-64 specifically defined objectives.
9-65 (2) "Board" means the governing board of the
9-66 Department of Information Resources.
9-67 (3) "Data processing" means information technology
9-68 equipment and related services designed for the automated storage,
9-69 manipulation, and retrieval of data by electronic or mechanical
10-1 means. The term includes:
10-2 (A) central processing units, front-end
10-3 processing units, miniprocessors, microprocessors, and related
10-4 peripheral equipment such as data storage devices, document
10-5 scanners, data entry equipment, terminal controllers, data terminal
10-6 equipment, computer-based word processing systems other than memory
10-7 typewriters, and equipment and systems for computer networks;
10-8 (B) all related services, including feasibility
10-9 studies, systems design, software development, and time-sharing
10-10 services, provided by state employees or others; and
10-11 (C) the programs and routines used to employ and
10-12 control the capabilities of data processing hardware, including
10-13 operating systems, compilers, assemblers, utilities, library
10-14 routines, maintenance routines, applications, and computer
10-15 networking programs.
10-16 (4) "Department" means the Department of Information
10-17 Resources.
10-18 (5) "Electronic government project" means the use of
10-19 information technology to improve the access to and delivery of a
10-20 government service, including a project that uses the Internet as a
10-21 primary tool for the delivery of a government service or
10-22 performance of a governmental function.
10-23 (6) "Executive director" means the executive director
10-24 of the Department of Information Resources.
10-25 (7) [(6)] "Information resources" means the
10-26 procedures, equipment, and software that are employed, designed,
10-27 built, operated, and maintained to collect, record, process, store,
10-28 retrieve, display, and transmit information, and associated
10-29 personnel including consultants and contractors.
10-30 (8) [(7)] "Information resources technologies" means
10-31 data processing and telecommunications hardware, software,
10-32 services, supplies, personnel, facility resources, maintenance, and
10-33 training.
10-34 (9) "Local government" means a county, municipality,
10-35 special district, school district, junior college district, or
10-36 other political subdivision of the state.
10-37 (10) "Program management office" means the Electronic
10-38 Government Program Management Office created by the department
10-39 under Chapter 2055 to manage projects.
10-40 (11) [(8)] "Project" means a program to provide
10-41 information resources technologies support to functions within or
10-42 among elements of a state agency, that ideally is characterized by
10-43 well-defined parameters, specific objectives, common benefits,
10-44 planned activities, a scheduled completion date, and an established
10-45 budget with a specified source of funding.
10-46 (12) [(9)] "State agency" means a department,
10-47 commission, board, office, council, authority, or other agency in
10-48 the executive or judicial branch of state government that is
10-49 created by the constitution or a statute of this state, including a
10-50 university system or institution of higher education as defined by
10-51 Section 61.003, Education Code.
10-52 (13) [(10)] "Telecommunications" means any
10-53 transmission, emission, or reception of signs, signals, writings,
10-54 images, or sounds of intelligence of any nature by wire, radio,
10-55 optical, or other electromagnetic systems. The term includes all
10-56 facilities and equipment performing those functions that are owned,
10-57 leased, or used by state agencies and branches of state government.
10-58 (14) "TexasOnline" means the electronic government
10-59 project or its successor project implemented under Section 2054.062
10-60 or its successor statute.
10-61 SECTION 3.02. USE OF TEXASONLINE. Subchapter F, Chapter
10-62 2054, Government Code, is amended by adding Section 2054.113 to
10-63 read as follows:
10-64 Sec. 2054.113. DUPLICATION WITH TEXASONLINE; WAIVER.
10-65 (a) This section does not apply to a state agency that is a
10-66 university system or institution of higher education as defined by
10-67 Section 61.003, Education Code.
10-68 (b) A state agency may duplicate a need that is met by
10-69 TexasOnline if the state agency with primary responsibility to
11-1 implement TexasOnline grants a waiver under this section. The
11-2 state agency shall grant the waiver to a state agency that desires
11-3 not to use TexasOnline if the agency:
11-4 (1) demonstrates the necessity to have the project
11-5 duplicate a need that is met by TexasOnline, including any service
11-6 or security need for the agency requesting the waiver;
11-7 (2) demonstrates the agency has adequately considered
11-8 the following issues:
11-9 (A) security;
11-10 (B) privacy;
11-11 (C) disaster recovery; and
11-12 (D) maintenance and development costs; and
11-13 (3) provides any other documentation required by the
11-14 state agency with primary responsibility to implement TexasOnline.
11-15 SECTION 3.03. TEXASONLINE GRANT PROGRAM. Chapter 2054,
11-16 Government Code, is amended by adding Subchapter J to read as
11-17 follows:
11-18 SUBCHAPTER J. TEXASONLINE GRANT PROGRAM
11-19 Sec. 2054.301. DEFINITION. In this subchapter, "oversight
11-20 committee" means the interagency oversight committee created under
11-21 Section 2054.304.
11-22 Sec. 2054.302. CREATION. The TexasOnline grant program is
11-23 created to enable counties, municipalities, and school districts to
11-24 provide electronic government services through TexasOnline.
11-25 Sec. 2054.303. MANAGEMENT. The program management office
11-26 shall:
11-27 (1) manage the TexasOnline grant program;
11-28 (2) establish, with input from the oversight
11-29 committee, specific criteria and processes for selecting counties,
11-30 municipalities, and school districts to participate in the grant
11-31 program;
11-32 (3) develop, in coordination with the oversight
11-33 committee, a cost methodology to minimize the amount smaller
11-34 governmental entities must pay for maintenance of services through
11-35 TexasOnline; and
11-36 (4) explore opportunities with the Telecommunications
11-37 Infrastructure Fund Board to develop automatic eligibility or a
11-38 streamlined grant application process for applicants for
11-39 collaborative community networking grants.
11-40 Sec. 2054.304. INTERAGENCY OVERSIGHT COMMITTEE. (a) The
11-41 department shall establish an interagency oversight committee to:
11-42 (1) oversee implementation of the TexasOnline grant
11-43 program; and
11-44 (2) approve the distribution of grants under the
11-45 program.
11-46 (b) The committee membership must consist of representatives
11-47 from:
11-48 (1) the department;
11-49 (2) the comptroller;
11-50 (3) the General Services Commission;
11-51 (4) the Telecommunications Infrastructure Fund Board;
11-52 (5) the Office of Court Administration of the Texas
11-53 Judicial System; and
11-54 (6) any other persons that the department considers
11-55 appropriate.
11-56 (c) The oversight committee shall work with representatives
11-57 of organizations such as the Texas Municipal League, Texas
11-58 Association of Counties, and other organizations to disseminate
11-59 information on the TexasOnline grant program.
11-60 (d) Reimbursement of the expenses of a committee member may
11-61 be paid only from money available to the governmental entity that
11-62 the member represents.
11-63 (e) The oversight committee is not an advisory committee.
11-64 Sec. 2054.305. PREFERENCE FOR DISTRIBUTION OF GRANT MONEY.
11-65 In determining the distribution of grant money under this
11-66 subchapter, the oversight committee shall prefer counties,
11-67 municipalities, and school districts located in a strategic
11-68 investment area, as defined by Section 171.721, Tax Code.
11-69 Sec. 2054.306. CONDITIONS. As a condition of receiving a
12-1 grant under this subchapter, a grant recipient must agree to
12-2 maintain online services after the grant period terminates. The
12-3 oversight committee and the grant recipient must negotiate and
12-4 agree on the conditions of the grant, including the length of time
12-5 required for maintenance of online services after the grant period
12-6 ends.
12-7 Sec. 2054.307. USE OF GRANT MONEY. (a) Grant money may be
12-8 used only to:
12-9 (1) pay start-up costs incurred by the use of
12-10 TexasOnline;
12-11 (2) pay for the design and maintenance of websites and
12-12 other online services with program offerings designed to benefit
12-13 counties, municipalities, and school districts through TexasOnline;
12-14 or
12-15 (3) develop, deploy, and maintain information
12-16 technology systems to provide governmental services through
12-17 TexasOnline.
12-18 (b) Grant money may not be used to pay for communications
12-19 links to public or private telecommunication systems, such as the
12-20 state's public telecommunications network or for Internet service
12-21 provider costs.
12-22 Sec. 2054.308. EXPIRATION. This subchapter expires
12-23 September 1, 2003.
12-24 SECTION 3.04. ESTABLISHMENT OF INTERAGENCY OVERSIGHT
12-25 COMMITTEE. Not later than January 15, 2002, the Department of
12-26 Information Resources shall establish the interagency oversight
12-27 committee, as provided by Section 2054.304, Government Code, as
12-28 added by this article.
12-29 ARTICLE 4. PROCUREMENT
12-30 SECTION 4.01. Chapter 2177, Government Code, is amended by
12-31 adding Section 2177.0001 to read as follows:
12-32 Sec. 2177.0001. DEFINITIONS. In this chapter:
12-33 (1) "Department" means the Department of Information
12-34 Resources.
12-35 (2) "Electronic procurement system" means a system
12-36 that allows the purchase of goods and services and related
12-37 activities, including access to multiple marketplaces and vendors,
12-38 through an electronic network on the Internet and includes:
12-39 (A) any system created under this chapter; and
12-40 (B) any other electronic system relating to the
12-41 purchase of goods and services implemented by the department or
12-42 accessed through TexasOnline.
12-43 (3) "Institution of higher education" has the meaning
12-44 assigned by Section 61.003, Education Code.
12-45 (4) "Local government" means a county, municipality,
12-46 special district, school district, or any other political
12-47 subdivision of this state.
12-48 (5) "State agency" has the meaning assigned by Section
12-49 2054.003, except that the term does not include a university system
12-50 or institution of higher education.
12-51 (6) "TexasOnline" has the meaning assigned by Section
12-52 2054.003.
12-53 SECTION 4.02. Subsections (d) and (e), Section 2177.001,
12-54 Government Code, are amended to read as follows:
12-55 (d) The commission may make state procurement services
12-56 [information] available to local governments and institutions of
12-57 higher education [political subdivisions] through the electronic
12-58 procurement marketplace on a fee-for-service basis. The commission
12-59 may [shall] set the fees for transactions in an amount that
12-60 recovers the state's costs in providing the access to a local
12-61 government or institution of higher education [political
12-62 subdivision].
12-63 (e) Before developing a contract for the procurement of a
12-64 good or service, a state agency, local government, or institution
12-65 of higher education may use the electronic procurement marketplace
12-66 to determine the most appropriate method for acquiring the good or
12-67 service.
12-68 SECTION 4.03. Section 2177.002, Government Code, is amended
12-69 by amending Subsection (e) and adding Subsection (i) to read as
13-1 follows:
13-2 (e) The commission may allow local governments, institutions
13-3 of higher education, [political subdivisions] and other public
13-4 entities that are members of the commission's cooperative
13-5 purchasing program to participate in the electronic commerce
13-6 network. The commission shall require that a participating
13-7 [political subdivision or other] entity is charged a fee for the
13-8 network services in the same manner that participating state
13-9 agencies are charged fees under Subsection (d).
13-10 (i) If the network is integrated into, or replaced by, an
13-11 electronic procurement system implemented by the department and
13-12 accessed through TexasOnline, the commission and the department
13-13 shall enter into an agreement regarding distribution of the fees
13-14 charged for transactions on the network, to recover the cost of
13-15 TexasOnline.
13-16 SECTION 4.04. Section 2177.003, Government Code, is amended
13-17 to read as follows:
13-18 Sec. 2177.003. PARTICIPATION BY STATE AGENCIES IN ELECTRONIC
13-19 PROCUREMENT SYSTEM [COMMERCE NETWORK]. (a) Each state agency
13-20 shall send to the commission for posting on the electronic
13-21 procurement system [commerce network] information on each
13-22 procurement contract that the commission, in consultation with the
13-23 department, determines is appropriate for electronic procurement
13-24 [the value of which will exceed the amount of the agency's
13-25 delegated purchasing authority under Section 2155.132]:
13-26 (1) without regard to the source of funds the agency
13-27 will use for the procurement; and
13-28 (2) including a procurement that is:
13-29 (A) a procurement by a state agency that is
13-30 otherwise exempt from the commission's purchasing authority;
13-31 (B) made under delegated purchasing authority
13-32 under Section 2155.131;
13-33 [(C) related to a construction project;] or
13-34 (C) [(D)] a procurement of professional or
13-35 consulting services.
13-36 (b) The commission and each participating state agency,
13-37 local government, or institution of higher education shall include
13-38 in the information placed on the electronic procurement system,
13-39 including the electronic commerce network, [to the extent it is
13-40 feasible,] the following information for each procurement that the
13-41 commission will make or that another state agency will make under
13-42 Subsection (a):
13-43 (1) a description of the goods or services to be
13-44 procured;
13-45 (2) the estimated quantity of the goods or services to
13-46 be procured;
13-47 (3) if applicable, the previous price paid by the
13-48 commission or another state agency for the same or similar goods or
13-49 services;
13-50 (4) the estimated date on which the goods or services
13-51 to be procured will be needed; [and]
13-52 (5) the name, business mailing address, and business
13-53 telephone number of the commission employee or other state agency,
13-54 local government, or institution of higher education employee a
13-55 person can contact for further information;
13-56 (6) [to obtain] all necessary information relating to
13-57 making a bid or proposal or other applicable expression of interest
13-58 for the procurement contract, including contract terms; and
13-59 (7) opportunities available to state agencies, local
13-60 governments, and institutions of higher education for price
13-61 discounts on volume purchases under the contract.
13-62 (c) The commission shall also post on the electronic
13-63 procurement system [commerce network] other information relating to
13-64 the business activity of the state that the commission considers to
13-65 be of interest to the public. Each state agency and participating
13-66 local government or institution of higher education shall provide
13-67 the commission with information the commission requires for
13-68 purposes of this subsection in a format prescribed by the
13-69 commission.
14-1 (d) Each state agency that will award a contract that has
14-2 been placed on the electronic procurement system [commerce network]
14-3 under Subsection (a) shall place notification of the awarding of
14-4 the contract on the system [electronic commerce network].
14-5 SECTION 4.05. Section 2155.083, Government Code, is
14-6 transferred to Chapter 2177, Government Code, redesignated as
14-7 Section 2177.004, Government Code, and amended to read as follows:
14-8 Sec. 2177.004 [2155.083]. STATE BUSINESS DAILY; NOTICE
14-9 REGARDING PROCUREMENTS EXCEEDING $25,000. (a) This [Except as
14-10 provided by Subsection (n), this] section applies to each state
14-11 agency making a procurement that will exceed $25,000 in value,
14-12 without regard to the source of funds the agency will use for the
14-13 procurement, including a procurement that:
14-14 (1) is otherwise exempt from the commission's
14-15 purchasing authority or the application of this subtitle;
14-16 (2) is made under delegated purchasing authority;
14-17 (3) is related to a construction project; or
14-18 (4) is a procurement of professional or consulting
14-19 services.
14-20 (b) [In this section, "department" means the Texas
14-21 Department of Commerce.]
14-22 [(c)] The commission [department] each business day shall
14-23 produce and post a business daily in an electronic format. The
14-24 commission [department] shall post in the business daily
14-25 information as prescribed by this section about each state agency
14-26 procurement that will exceed $25,000 in value. The commission
14-27 [department] shall also post in the business daily other
14-28 information relating to the business activity of the state that the
14-29 commission [department] considers to be of interest to the public.
14-30 (c) [(d)] The commission [department] shall make the
14-31 business daily available on the Internet through its information
14-32 service known as the Texas Marketplace or through a suitable
14-33 successor information service that will make the information
14-34 available on the Internet. The commission [department] and each
14-35 state agency shall cooperate in making the electronic business
14-36 daily available.
14-37 (d) [(e)] To accommodate businesses that do not have the
14-38 technical means to access the business daily, governmental and
14-39 nongovernmental entities such as public libraries, chambers of
14-40 commerce, trade associations, small business development centers,
14-41 economic development departments of local governments, and state
14-42 agencies may provide public access to the business daily. A
14-43 governmental entity may recover the direct cost of providing the
14-44 public access only by charging a fee for downloading procurement
14-45 notices and bid or proposal solicitation packages posted in the
14-46 business daily. A nongovernmental entity may use information
14-47 posted in the business daily in providing a service that is more
14-48 than only the downloading of information from the business daily,
14-49 including a service by which appropriate bidders or offerors are
14-50 matched with information that is relevant to those bidders or
14-51 offerors, and may charge a lawful fee that the entity considers
14-52 appropriate for the service.
14-53 (e) [(f)] The commission [department] and other state
14-54 agencies may not charge a fee designed to recover the cost of
14-55 preparing and gathering the information that is published in the
14-56 business daily. These costs are considered part of a procuring
14-57 agency's responsibility to publicly inform potential bidders or
14-58 offerors of its procurement opportunities.
14-59 (f) [(g)] A state agency shall post in the business daily
14-60 either the entire bid or proposal solicitation package or a notice
14-61 that includes all information necessary to make a successful bid,
14-62 proposal, or other applicable expression of interest for the
14-63 procurement contract, including at a minimum the following
14-64 information for each procurement that the state agency will make
14-65 that is estimated to exceed $25,000 in value:
14-66 (1) a brief description of the goods or services to be
14-67 procured and any applicable state product or service codes for the
14-68 goods and services;
14-69 (2) the last date on which bids, proposals, or other
15-1 applicable expressions of interest will be accepted;
15-2 (3) the estimated quantity of goods or services to be
15-3 procured;
15-4 (4) if applicable, the previous price paid by the
15-5 state agency for the same or similar goods or services;
15-6 (5) the estimated date on which the goods or services
15-7 to be procured will be needed; and
15-8 (6) the name, business mailing address, and business
15-9 telephone number of the state agency employee a person may contact
15-10 to inquire about all necessary information related to making a bid
15-11 or proposal or other applicable expression of interest for the
15-12 procurement contract.
15-13 (g) [(h)] The state agency shall continue to either:
15-14 (1) post notice of the procurement in accordance with
15-15 Subsection (f) [(g)] until the latest of 21 calendar days after the
15-16 date the notice is first posted; the date the state agency will no
15-17 longer accept bids, proposals, or other applicable expressions of
15-18 interest for the procurement; or the date the state agency decides
15-19 not to make the procurement; or
15-20 (2) post the entire bid or proposal solicitation
15-21 package in accordance with Subsection (f) [(g)] until the latest of
15-22 14 calendar days after the date the bid or proposal solicitation
15-23 package is first posted; the date the state agency will no longer
15-24 accept bids, proposals, or other applicable expressions of interest
15-25 for the procurement; or the date the state agency decides not to
15-26 make the procurement.
15-27 (h) [(i)] A state agency may not award the procurement
15-28 contract and shall continue to accept bids or proposals or other
15-29 applicable expressions of interest for the procurement contract for
15-30 at least 21 calendar days after the date the state agency first
15-31 posted notice of the procurement in accordance with Subsection (f)
15-32 [(g)] or 14 calendar days after the date the state agency first
15-33 posted the entire bid or proposal solicitation package in
15-34 accordance with Subsection (f) [(g)], as applicable. The minimum
15-35 time for posting required by this subsection and Subsection (g)
15-36 [(h)] does not apply in an emergency requiring the state agency to
15-37 make the procurement more quickly to prevent a hazard to life,
15-38 health, safety, welfare, or property or to avoid undue additional
15-39 cost to the state.
15-40 (i) [(j)] A contract or procurement award made by a state
15-41 agency that violates the applicable minimum time for posting
15-42 required by Subsections (g) [(h)] and (h) [(i)] is void.
15-43 (j) [(k)] Each state agency that will award a procurement
15-44 contract estimated to exceed $25,000 in value shall send to the
15-45 commission [department]:
15-46 (1) the information the commission [department]
15-47 requires for posting in the state business daily under this
15-48 section; and
15-49 (2) a notice when the procurement contract has been
15-50 awarded or when the state agency has decided to not make the
15-51 procurement.
15-52 (k) [(l)] The commission [department] may adopt rules,
15-53 prescribe forms, and require information to administer this
15-54 section. The commission [department] shall send any proposed rules
15-55 to the governor, Legislative Budget Board, comptroller, state
15-56 auditor, and commission for review and comment. The commission's
15-57 [department's] rules shall require that each state agency, to the
15-58 extent feasible, shall directly and electronically post its own
15-59 notices or solicitation packages under Subsections (f) [(g)] and
15-60 (g) [(h)].
15-61 (l) [(m)] The requirements of this section are in addition
15-62 to the requirements of other law relating to the solicitation of
15-63 bids, proposals, or expressions of interest for a procurement by a
15-64 state agency. This section does not affect whether a state agency
15-65 is required to award a procurement contract through competitive
15-66 bidding, competitive sealed proposals, or another method.
15-67 [(n) This section does not apply to a state agency to which
15-68 Section 51.9335 or 73.115, Education Code, applies.]
16-1 ARTICLE 5. STUDY AND REPORT ON ELECTRONIC GRANTS SYSTEM
16-2 SECTION 5.01. STUDY AND REPORT. (a) In this section:
16-3 (1) "Department" means the Department of Information
16-4 Resources.
16-5 (2) "State agency" has the meaning assigned by Section
16-6 2054.003, Government Code, as amended by Article 3 of this Act,
16-7 except that the term does not include a university system or
16-8 institution of higher education as defined by Section 61.003,
16-9 Education Code.
16-10 (b) The department shall study the costs and benefits of
16-11 establishing a statewide electronic grants management system to:
16-12 (1) increase the awareness of grant availability;
16-13 (2) provide a single place for accessing grant
16-14 information;
16-15 (3) provide a searchable database of grant
16-16 opportunities organized by criteria that include grant topic, the
16-17 types of persons eligible for the grants, and the grant amount;
16-18 (4) allow electronic grant applications;
16-19 (5) simplify grant application and grant management
16-20 processes; and
16-21 (6) improve the tracking and monitoring of pending and
16-22 awarded grants.
16-23 (c) The study must identify:
16-24 (1) each state agency that offers grants; and
16-25 (2) the types of persons affected by the grants,
16-26 including groups that apply for the grants and the groups served by
16-27 grant funds.
16-28 (d) The study must consider:
16-29 (1) whether available software to track grants can be
16-30 used in an electronic grants management system in this state;
16-31 (2) the feasibility and benefits of using TexasOnline,
16-32 as defined by Section 2054.003, Government Code, as amended by
16-33 Article 3 of this Act, or another Internet site designated by the
16-34 department to facilitate public access; and
16-35 (3) the following methods to lower the costs of
16-36 providing an electronic grants management system:
16-37 (A) partnerships between governmental entities
16-38 and the private sector;
16-39 (B) options for seeking reimbursement of costs,
16-40 including convenience fees or subscription fees; and
16-41 (C) any other innovative options, as determined
16-42 by the department.
16-43 (e) The department may request from the Electronic Grants
16-44 Technical Assistance Workgroup information related to opportunities
16-45 for improving grant management through:
16-46 (1) improved technology; and
16-47 (2) sharing state information resources.
16-48 (f) Not later than September 1, 2002, the department shall
16-49 report on the findings of the study to:
16-50 (1) the governor;
16-51 (2) the lieutenant governor; and
16-52 (3) the speaker of the house of representatives.
16-53 (g) If the report recommends implementation of a statewide
16-54 electronic grants management system, the department may develop a
16-55 plan and begin implementation of a statewide electronic grants
16-56 management system based on the plan, the report's recommendations,
16-57 and the findings of the study.
16-58 ARTICLE 6. CONTRACT MANAGEMENT
16-59 SECTION 6.01. USE OF LOCAL GOVERNMENT CONTRACTS. Section
16-60 2155.079, Government Code, is amended to read as follows:
16-61 Sec. 2155.079. BUYING UNDER CONTRACT ESTABLISHED BY AGENCY
16-62 OTHER THAN COMMISSION. (a) In this section, "local government"
16-63 means a county, municipality, special district, school district,
16-64 junior college district, or other political subdivision of the
16-65 state.
16-66 (b) The commission shall adopt rules specifying the
16-67 circumstances under which it is not advantageous for the state to
16-68 allow a state agency to purchase goods or services under a contract
16-69 made by:
17-1 (1) another state agency other than the commission; or
17-2 (2) a local government.
17-3 (c) [(b)] If commission rules allow other agencies to make
17-4 purchases under a contract entered into by an agency using
17-5 delegated purchasing authority, the agency purchasing under
17-6 delegated authority may offer the goods or services available under
17-7 the contract to other agencies or local governments [only if the
17-8 agency first:]
17-9 [(1) establishes that the goods or services being
17-10 offered under its contract are not available under a contract
17-11 administered by the commission; and]
17-12 [(2) informs the commission of the terms of the
17-13 contract and the capabilities of the vendor].
17-14 SECTION 6.02. ADOPTION OF RULES. Not later than February
17-15 28, 2002, the General Services Commission shall adopt the rules
17-16 required by Section 2155.079, Government Code, as amended by this
17-17 article.
17-18 ARTICLE 7. COLLABORATIVE COMMUNITY NETWORK
17-19 SECTION 7.01. USE OF NETWORK. Section 2170.004, Government
17-20 Code, is amended to read as follows:
17-21 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
17-22 AGENCIES. The commission may contract for use of the consolidated
17-23 telecommunications system with:
17-24 (1) each house of the legislature;
17-25 (2) a legislative agency;
17-26 (3) an agency that is not a state agency as defined by
17-27 Section 2151.002; [and]
17-28 (4) a political subdivision, including a county,
17-29 municipality, or district; or
17-30 (5) a collaborative community network in which one or
17-31 more political subdivisions participate.
17-32 SECTION 7.02. MAINTENANCE. Section 2170.051, Government
17-33 Code, is amended by adding Subsection (e) to read as follows:
17-34 (e) The commission may contract for necessary support and
17-35 maintenance of the consolidated telecommunications system resulting
17-36 from collaborative community network participation.
17-37 SECTION 7.03. COST SCHEDULE. Section 2170.057, Government
17-38 Code, is amended by adding Subsection (e) to read as follows:
17-39 (e) The commission, in cooperation with the
17-40 telecommunications planning group, shall develop a cost schedule
17-41 for charging a political subdivision or a consortium of one or more
17-42 political subdivisions and other entities for use of the
17-43 consolidated telecommunications system for operating a
17-44 collaborative community network. Charges for services described by
17-45 this subsection may be based on costs to the system in addition to
17-46 proportionate usage, including support and maintenance costs
17-47 associated with community computer network use.
17-48 SECTION 7.04. Section 57.042, Utilities Code, is amended by
17-49 adding Subdivision (12) to read as follows:
17-50 (12) "Telecommunications planning group" means the
17-51 group organized under Subchapter H, Chapter 2054, Government Code.
17-52 SECTION 7.05. FEDERAL GRANTS. Section 57.045, Utilities
17-53 Code, is amended by adding Subsection (e) to read as follows:
17-54 (e) The board, in cooperation with the governor and the
17-55 telecommunications planning group, shall attempt to acquire and
17-56 ensure the use of any grant funding available from the federal
17-57 government for:
17-58 (1) statewide or community networking solutions,
17-59 including initiatives described by Section 57.047; and
17-60 (2) regional or community technology education
17-61 initiatives.
17-62 SECTION 7.06. USE OF MONEY. Subsection (b), Section 57.046,
17-63 Utilities Code, is amended to read as follows:
17-64 (b) The board shall use money in the qualifying entities
17-65 account for any purpose authorized by this subchapter, including:
17-66 (1) equipment;
17-67 (2) wiring;
17-68 (3) material;
17-69 (4) program development;
18-1 (5) training;
18-2 (6) installation costs; [and]
18-3 (7) collaborative community networks; and
18-4 (8) a statewide telecommunications network.
18-5 SECTION 7.07. GRANT AND LOAN PROGRAM. Section 57.047,
18-6 Utilities Code, is amended by amending Subsections (c) through (f)
18-7 and adding Subsections (g) and (h) to read as follows:
18-8 (c) The board may award a grant or loan for a collaborative
18-9 community network to a consortium of one or more political
18-10 subdivisions, educational institutions, libraries, telemedicine
18-11 centers, or other entities. The grant or loan may be used only for
18-12 telecommunications infrastructure and equipment, local-area network
18-13 wiring and cabling, and local-area network hub equipment, including
18-14 wireless devices, to support the development of local-area and
18-15 wide-area computer networks for the consortium or to permit access
18-16 of a collaborative community network to the consolidated
18-17 telecommunications system operated under Chapter 2170, Government
18-18 Code. The grant or loan may be used to acquire personal computers,
18-19 software, or related equipment only if the board finds the
18-20 acquisition necessary for the implementation of collaborative
18-21 community networking. As a condition of a grant or loan under this
18-22 subsection, the board shall require the consortium to design for
18-23 its network an Internet site that meets the interface standards
18-24 established for TexasOnline, as defined by Section 2054.003,
18-25 Government Code. The board shall award grants and loans under this
18-26 subsection through a competitive and collaborative application
18-27 process to select collaborative community networks that show the
18-28 best potential for being self-sustaining after funding under this
18-29 subsection expires.
18-30 (d) In awarding a grant or loan under this subchapter, the
18-31 board shall give priority to a project or proposal that:
18-32 (1) represents collaborative efforts involving more
18-33 than one political subdivision, school, university, or library;
18-34 (2) contributes matching funds from another source;
18-35 (3) shows promise of becoming self-sustaining;
18-36 (4) helps users of information learn new ways to
18-37 acquire and use information through telecommunications;
18-38 (5) extends specific educational information and
18-39 knowledge services to a group not previously served, especially a
18-40 group in a rural or remote area;
18-41 (6) results in more efficient or effective learning
18-42 than through conventional teaching;
18-43 (7) improves the effectiveness and efficiency of
18-44 health care delivery; or
18-45 (8) takes advantage of distance learning opportunities
18-46 in a rural or urban school district with a:
18-47 (A) disproportionate number of at-risk youths;
18-48 or
18-49 (B) high dropout rate.
18-50 (e) [(d)] In distributing money to public schools, the board
18-51 shall:
18-52 (1) consider the relative property wealth per student
18-53 of the school districts that receive the money; and
18-54 (2) recognize the unique needs of rural communities.
18-55 (f) The board shall establish a goal of awarding
18-56 collaborative community network grants and loans under Subsection
18-57 (c) of not less than $5 million each year and shall set priorities
18-58 for awarding additional grant funding for collaborative community
18-59 networking initiatives from available money.
18-60 (g) [(e)] If a board member is an employee of an entity that
18-61 applies for a grant or loan under this subchapter, the board
18-62 member, before a vote on the grant or loan, shall disclose the fact
18-63 of the member's employment. The disclosure must be entered into
18-64 the minutes of the meeting. The board member may not vote on or
18-65 otherwise participate in the awarding of the grant or loan. If the
18-66 board member does not comply with this subsection, the entity is
18-67 not eligible for the grant or loan.
18-68 (h) [(f)] A grant or loan awarded under this section is
18-69 subject to the limitations prescribed by Section 57.046.
19-1 SECTION 7.08. STUDY. (a) The Department of Information
19-2 Resources shall conduct a study of the feasibility of creating
19-3 regional technology centers with membership composed of political
19-4 subdivisions of each region of this state to foster collaborative
19-5 community networking by:
19-6 (1) establishing and promoting independently funded
19-7 community technology centers to help residents and business
19-8 entities in gaining access to Internet information and resources;
19-9 (2) providing technical support to political
19-10 subdivisions regarding community networking;
19-11 (3) eliminating connectivity barriers among
19-12 governmental units; and
19-13 (4) coordinating access to geographical information
19-14 system information for its members, especially for those members
19-15 that otherwise would not have the necessary infrastructure,
19-16 equipment, or personnel to use the information.
19-17 (b) The study must include an evaluation of the utility of
19-18 coordinating efforts described by Subsection (a)(4) of this section
19-19 among regional technology centers, community technology centers,
19-20 and the proposed Texas Geography Network, if the network is
19-21 created.
19-22 (c) Not later than October 1, 2002, the Department of
19-23 Information Resources shall report the results of the study to the
19-24 governor, lieutenant governor, speaker of the house of
19-25 representatives, and comptroller of public accounts.
19-26 ARTICLE 8. EMPLOYMENT
19-27 SECTION 8.01. CREATION OF ONLINE EMPLOYMENT OPENINGS SYSTEM.
19-28 Subchapter A, Chapter 656, Government Code, is amended by adding
19-29 Sections 656.002 and 656.003 to read as follows:
19-30 Sec. 656.002. ONLINE EMPLOYMENT OPENINGS SYSTEM. (a) In
19-31 this section, "state agency" has the meaning assigned by Section
19-32 2054.003, except that the term does not include a university system
19-33 or institution of higher education as defined by Section 61.003,
19-34 Education Code.
19-35 (b) The Department of Information Resources shall work with
19-36 the Texas Workforce Commission and other state agencies to create a
19-37 system for listing state agency employment openings on the
19-38 Internet.
19-39 (c) Characteristics of the system must include to the extent
19-40 feasible:
19-41 (1) the use of existing technical infrastructure and
19-42 specialty job bulletin boards when the cost is equal to or less
19-43 than the cost of building a separate infrastructure;
19-44 (2) real-time communication between an applicant for
19-45 state employment and a state agency;
19-46 (3) immediate matching of an applicant to a listing
19-47 based on the applicant's qualifications;
19-48 (4) the ability to allow an applicant to complete one
19-49 state application online and enter the application in a single
19-50 database from which the applicant may electronically send the
19-51 application to multiple state agencies;
19-52 (5) the ability to allow an applicant to enter a
19-53 resume into an online database from which the applicant may
19-54 electronically send the resume to a state agency;
19-55 (6) the ability of a state agency to list employment
19-56 openings electronically with limited keystrokes from one Internet
19-57 site; and
19-58 (7) the ability to generate management information
19-59 such as the number of visits to a state agency employment listing,
19-60 the number of applicants for each opening, the number of applicants
19-61 hired for each listing, the time from listing to filling an
19-62 opening, and the frequency and volume of listings by type.
19-63 Sec. 656.003. ACCESS TO EMPLOYMENT OPENINGS INFORMATION.
19-64 The Texas Workforce Commission shall make computers available to
19-65 the public at its field offices to ensure access to information
19-66 about employment openings.
19-67 SECTION 8.02. LISTING OF JOB NOTICES. Section 656.024,
19-68 Government Code, is amended to read as follows:
19-69 Sec. 656.024. PUBLIC NOTICE OF JOB VACANCIES. The
20-1 commission shall publicly list, in accordance with the commission's
20-2 procedures, [for at least 10 working days,] each notice of a job
20-3 vacancy delivered under Section 656.022 [unless the commission is
20-4 sooner notified by the state agency having the vacancy that the
20-5 vacancy has been filled].
20-6 ARTICLE 9. ADDITIONAL REPORTING REQUIREMENTS
20-7 SECTION 9.01. STUDY. (a) Not later than September 1, 2002,
20-8 the Department of Information Resources shall study the
20-9 instructions used for preparing agency strategic plans under
20-10 Section 2054.095, Government Code. The study must:
20-11 (1) examine ways to ensure that plans are timely and
20-12 useful for state agencies and for the strategic planning process;
20-13 and
20-14 (2) consider whether changes in the instructions are
20-15 needed regarding the content, frequency, and use of strategic
20-16 plans.
20-17 (b) The Department of Information Resources shall adopt
20-18 revised instructions under Section 2054.095, Government Code, based
20-19 on the results of the study.
20-20 SECTION 9.02. SPECIFICATIONS FOR ELECTRONIC DATA
20-21 CLEARINGHOUSE; REPORT. (a) In this section, "department" means
20-22 the Department of Information Resources.
20-23 (b) The department, in coordination with the comptroller of
20-24 public accounts and other state agencies, local governments,
20-25 federal agencies, the Texas Conference of Urban Counties, the Texas
20-26 Association of Counties, and the Texas Municipal League, shall
20-27 develop specifications, including procedures and implementation
20-28 methods, for a statewide electronic data clearinghouse. The
20-29 department shall develop options for funding the maintenance or
20-30 expansion of the clearinghouse, such as using resources from
20-31 participating governmental entities to recoup the costs. Each
20-32 option must address the potential impact on participation by
20-33 governmental entities. Not later than January 1, 2003, the
20-34 department shall provide a report containing the recommendations,
20-35 specifications, and funding options developed under this subsection
20-36 to:
20-37 (1) the governor;
20-38 (2) the lieutenant governor; and
20-39 (3) the speaker of the house of representatives.
20-40 (c) Not later than August 31, 2003, the department shall
20-41 develop policies, procedures, data standards, training materials,
20-42 and perform any other duties necessary to prepare for the
20-43 establishment of the clearinghouse by August 31, 2004.
20-44 SECTION 9.03. REPORT ON REPORTING REQUIREMENTS FOR COUNTIES
20-45 AND MUNICIPALITIES. (a) In this section, "department" means the
20-46 Department of Information Resources.
20-47 (b) The department shall comprehensively examine all state
20-48 reporting requirements for counties and municipalities. The goal
20-49 of the examination is to:
20-50 (1) minimize the amount of reporting requirements;
20-51 (2) standardize state reporting requirements;
20-52 (3) consolidate reports;
20-53 (4) eliminate reports that are no longer necessary;
20-54 (5) improve access to data by all levels of government
20-55 and the public; and
20-56 (6) automate reporting.
20-57 (c) The examination must include an inventory of all reports
20-58 that counties and municipalities must produce in response to state
20-59 requirements. The inventory must also show the current status of
20-60 electronic reporting.
20-61 (d) Not later than January 15, 2002, the Legislative
20-62 Oversight Committee for Electronic Government Projects created
20-63 under Section 2055.152, Government Code, as added by Article 1 of
20-64 this Act, shall appoint a working group composed of representatives
20-65 of the comptroller of public account's office, other state
20-66 agencies, and local governments.
20-67 (e) Based on the examination made under Subsection (c) of
20-68 this section, and in coordination with the working group, not later
20-69 than January 1, 2003, the department shall report on its
21-1 recommendations for streamlining and reducing reporting
21-2 requirements on counties and municipalities to:
21-3 (1) the lieutenant governor;
21-4 (2) the speaker of the house of representatives; and
21-5 (3) the Legislative Oversight Committee for Electronic
21-6 Government Projects.
21-7 ARTICLE 10. MISCELLANEOUS INFORMATION RESOURCES ISSUES
21-8 SECTION 10.01. CHIEF INFORMATION OFFICER. Subchapter B,
21-9 Chapter 2054, Government Code, is amended by adding Section
21-10 2054.0285 and amending Section 2054.029 to read as follows:
21-11 Sec. 2054.0285. EXECUTIVE DIRECTOR: CHIEF INFORMATION
21-12 OFFICER; POWERS AND DUTIES. (a) The board shall employ an
21-13 executive director. The executive director is the chief
21-14 information officer for this state.
21-15 (b) The executive director has authority for all aspects of
21-16 information technology for state agencies, including:
21-17 (1) the use of technology to support state goals;
21-18 (2) functional support to state agencies;
21-19 (3) technology purchases;
21-20 (4) deployment of new technology;
21-21 (5) delivery of technology services; and
21-22 (6) provision of leadership on technology issues.
21-23 Sec. 2054.029. [EXECUTIVE DIRECTOR;] STAFF; SEPARATION OF
21-24 RESPONSIBILITIES. (a) The board shall employ [an executive
21-25 director and other] employees necessary to implement its duties.
21-26 (b) The executive director or the executive director's
21-27 designee shall provide to members of the board and to the
21-28 department's employees, as often as necessary, information
21-29 regarding their qualifications for office or employment under this
21-30 chapter and their responsibilities under applicable laws relating
21-31 to standards of conduct for state officers or employees.
21-32 (c) The board shall develop and implement policies that
21-33 clearly separate the policymaking responsibilities of the board and
21-34 the management responsibilities of the executive director and the
21-35 staff of the department.
21-36 SECTION 10.02. VENDOR INCENTIVES. Subchapter C, Chapter
21-37 2054, Government Code, is amended by adding Section 2054.058 to
21-38 read as follows:
21-39 Sec. 2054.058. CONSIDERATION OF VENDOR INCENTIVES. When
21-40 contracting with a vendor to perform a task related to an
21-41 electronic government project, the department shall consider
21-42 methods of payments, including considering whether a percentage of
21-43 money to be saved could be used to provide an incentive to the
21-44 vendor to complete the project on time and under budget.
21-45 SECTION 10.03. PUBLIC INFORMATION EXCEPTION. Subchapter C,
21-46 Chapter 552, Government Code, is amended by adding Section 552.136
21-47 to read as follows:
21-48 Sec. 552.136. EXCEPTION: GOVERNMENT INFORMATION RELATED TO
21-49 SECURITY ISSUES FOR COMPUTERS. (a) Information is excepted from
21-50 the requirements of Section 552.021 if it is information that
21-51 relates to computer network security or to the design, operation,
21-52 or defense of a computer network.
21-53 (b) The following information is confidential:
21-54 (1) a computer network vulnerability report; and
21-55 (2) any other assessment of the extent to which data
21-56 processing operations, a computer, or a computer program, network,
21-57 system, or software of a governmental body or of a contractor of a
21-58 governmental body is vulnerable to unauthorized access or harm,
21-59 including an assessment of the extent to which the governmental
21-60 body's or contractor's electronically stored information is
21-61 vulnerable to alteration, damage, or erasure.
21-62 ARTICLE 11. COMPTROLLER PROVISIONS ON USE OF ADVANCED EQUIPMENT,
21-63 DATABASES, AND DELEGATION OF TASKS TO OUTSIDE PERSONNEL
21-64 SECTION 11.01. ADVANCED DATABASE FOR AUDITS. Subchapter A,
21-65 Chapter 111, Tax Code, is amended by adding Section 111.0034 to
21-66 read as follows:
21-67 Sec. 111.0034. ADVANCED DATABASE SYSTEM FOR AUDITS.
21-68 (a) The comptroller shall develop an advanced electronic audit
21-69 database system for use by the comptroller's audit division. The
22-1 system must:
22-2 (1) centralize management of audit transaction data;
22-3 (2) enhance the quality control of data; and
22-4 (3) be compatible with other data systems of the
22-5 state.
22-6 (b) The comptroller may contract with a vendor to develop or
22-7 implement the system.
22-8 (c) If the comptroller contracts with a vendor to develop or
22-9 implement the system, the comptroller must protect any confidential
22-10 information provided to the vendor. A person who receives
22-11 confidential information under this section and each employee or
22-12 agent of that person is subject to the same prohibitions against
22-13 disclosure of the information, and the same penalties and sanctions
22-14 for improper disclosure, that apply to the comptroller.
22-15 SECTION 11.02. ADVANCED DATABASE FOR TAX COLLECTIONS. The
22-16 heading for Section 111.0035, Tax Code, is amended to read as
22-17 follows:
22-18 Sec. 111.0035. ADVANCED DATABASE SYSTEM FOR TAX COLLECTIONS.
22-19 SECTION 11.03. OUTSIDE PERSONNEL. Subchapter A, Chapter
22-20 111, is amended by adding Section 111.0045 to read as follows:
22-21 Sec. 111.0045. USE OF OUTSIDE PERSONNEL; DELEGATION OF
22-22 POWERS. (a) As necessary to enhance productivity, the comptroller
22-23 may employ or contract for the services of accountants, assistants,
22-24 auditors, clerks, information technology specialists, and
22-25 investigators to:
22-26 (1) provide or use the equipment acquired under
22-27 Subchapter G; and
22-28 (2) assist with the administration of this code.
22-29 (b) The comptroller may delegate to persons employed or
22-30 contracted under this section the power to perform duties as
22-31 required.
22-32 SECTION 11.04. ADVANCED EQUIPMENT. Chapter 111, Tax Code,
22-33 is amended by adding Subchapter G to read as follows:
22-34 SUBCHAPTER G. ADVANCED TECHNOLOGY EQUIPMENT
22-35 Sec. 111.351. WIRELESS EQUIPMENT FOR AUDITORS. The
22-36 comptroller shall acquire wireless communication equipment for use
22-37 by its auditors, including wireless modems for laptop computers for
22-38 high-speed, wireless access to comptroller systems.
22-39 Sec. 111.352. COMPUTER AND WIRELESS EQUIPMENT FOR
22-40 ENFORCEMENT STAFF. (a) The comptroller shall acquire portable
22-41 computers with remote or wireless communications equipment for use
22-42 by its enforcement staff.
22-43 (b) The portable computers acquired under this section must
22-44 be integrated with an electronic signature capturing system and
22-45 portable printing capabilities to enhance the security of
22-46 collections made under this chapter.
22-47 (c) The equipment must enable enforcement staff to:
22-48 (1) verify taxpayer claims;
22-49 (2) update taxpayer information from the field; and
22-50 (3) facilitate account updates.
22-51 Sec. 111.353. ADVANCED SCANNERS FOR FIELD OFFICES. The
22-52 comptroller shall acquire advanced scanners for its field offices.
22-53 The scanners must enable enforcement officers to scan enforcement
22-54 data directly into comptroller databases without requiring later
22-55 manual entry.
22-56 ARTICLE 12. EFFECTIVE DATE
22-57 SECTION 12.01. EFFECTIVE DATE. This Act takes effect
22-58 immediately if it receives a vote of two-thirds of all the members
22-59 elected to each house, as provided by Section 39, Article III,
22-60 Texas Constitution. If this Act does not receive the vote
22-61 necessary for immediate effect, this Act takes effect September 1,
22-62 2001.
22-63 * * * * *