C.S.H.B. 1576 78(R)    BILL ANALYSIS


C.S.H.B. 1576
By: Gallego
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Senate Bill 311, 77th Texas Legislature, significantly reorganized and
renamed the Telecommunication Planning and Oversight Council (TPOC).  The
goal of TPOC is to centralize the State's telecommunications network by
developing a plan for a state telecommunications network that effectively
and efficiently meets state government's long term requirements for voice,
video, and data communications.  TPOC is charged with the oversight of the
State's telecommunication networks, including the Texas Agency Network
(TEX-AN), and the Capitol Complex Telephone Network (CCTS).    

Current law governing the operation of the TPOC contains a number of
provisions that may be inefficient or may conflict with other provisions.
The purposes of C.S.H.B. 1576 are to clarify these laws and strengthen
TPOC by adding a representative of the Health and Human Services
Commission, staggering members' terms, limiting members' liability, and
repealing a repetitive section of code. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, institution, or
agency. 

ANALYSIS

C.S.H.B. 1576 amends Section 2054, Government Code, Subchapter H, as
follows: 
_Provides that TPOC include a representative of the Health and Human
Services Commission. 
_Provides staggered terms for TPOC members, except for representatives of
the Comptroller, the Building and Procurement Commission, and the Health
and Human Services Commission.   
_Provides that TPOC's annual report is due not later than November 1.
_Provides that a TPOC member is not liable in a civil action for an act
performed in good faith in the performance of the member's functions. 
_Repeals Section 2054.205(c) which authorized TPOC to perform duties
including negotiating rates and executing contracts with telecommunication
service providers. 

C.S.H.B 1576 also contains intent language regarding the appointment of
council members and their terms.   

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill included language which clarified that the Department of
Information Resources was responsible for negotiating rates and executing
contracts with telecommunications service providers.  The substitute
accomplishes this same result by repealing the provision giving TPOC
authority in this regard.