SRC-VRA C.S.S.B. 1701 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1701
By: Wentworth
Government Organization
4/12/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Texas Department of Information Resources (DIR) was created to manage
the state's information technology (IT) resources and to ensure that
public funds spent on IT are used wisely and effectively.  C.S.S.B. 1701
restructures the administrative responsibilities of DIR to ensure that it
continues to provide valuable technology-related services to state
agencies.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the governing board of the
Texas Department of Information Resources in SECTION 8 (Section 2054.102,
Government Code) and to the Department of Information Resrouces in SECTION
27 (Section 2054.405, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2054.003, Government Code, as amended by
Chapters 1272 and 1422, Acts of the 77th Legislature, Regular Session,
2001, by adding Subdivision 16 to define "quality assurance team."  

SECTION 2.  Amends Subsection (b), Section 2054.091, Government Code, to
require the executive director of the Department of Information Resources
(DIR), in preparing a state strategic plan, to assess and report on return
on investment guidelines established by DIR to help state agencies to
implement major information resources projects more effectively. 

SECTION 3.  Amends Section 2054.092, Government Code, as follows:

(a)  Requires the strategic plan to be prepared in coordination with the
quality assurance team and state agency information resources manager.  

 (b)  Requires the plan to meet certain conditions.

SECTION 4.  Amends Subsections (c) and (d), Section 2054.095, Government
Code, as follows: 

(c)  Requires DIR, rather than the Legislative Budget Board (LBB), to
prescribe the format required for an agency strategic plan. 

(d)  Requires DIR, rather than LBB, to adopt instructions, consistent with
Section 2054.096, that guide state agencies in the preparation of their
agency strategic plans. 

SECTION 5.  Amends Subsection (a), Section 2054.096, Government Code, to
add "a statement of how projects proposed or described under this
subsection will provide a return on investment according to guidelines
developed by the department" to information required of each agencies plan
in order for the plan to be consistent with the state strategic plan. 

SECTION 6.  Amends Section 2054.097, Government Code, as follows:

 (a)  Replaces the "Legislative Budget Board" with the "quality assurance
team." 

 (b)  Authorizes (DIR), rather than the Legislative Budget Board (LBB), in
coordination with the quality assurance team, to report to the agency and
authorizes DIR to report to the governor, rather than the state auditor,
and the presiding officer of each house of the legislature, that an agency
plan or plan amendment is not in compliance with the state strategic plan
or best suited to the state agency's execution of its own duty.   

SECTION 7.  Amends Subsections (a) and (b), Sections 2054.100, Government
Code, as follows: 

(a)  Adds DIR, the quality assurance team, and the governor to the list of
entities to which each state agency is required to submit an operating
plan each biennium. 

 (b)  Adds new language relating to project goals for the biennium.

SECTION 8.  Amends Section 2054.102, Government Code, as follows:

Sec.  2054.102.  New heading:  EVALUATION AND APPROVAL OF OPERATING PLANS.
(a)  Created from existing text. 

(b) Requires DIR to provide LBB with a list of agencies that have not
complied with DIR standards, provisions in the state strategic plan, and
corrective action plans.  Requires the agencies to develop corrective
action plans signed off on by DIR that specify how deficiencies will be
corrected before components of the agency biennial operating plan can be
approved by LBB.  Requires the governing board of DIR to adopt rules as
necessary to establish DIR standards. 

SECTION 9.  Amends Section 2054.118, Government code, by amending
Subsections (a) and (b) and adding Subsection (d), as follows: 

 (a)  Created from existing text and makes conforming changes.

(b)  Requires DIR to develop rules or guidelines for its review of major
information resources projects, including guidelines for software
development and quality assurance. 

(d)  Requires a state agency, before the state agency may initially spend
appropriated funds for a major information resources project, to
quantitatively define the expected outcomes and outputs for the project
and provide that information to the quality assurance team.  

SECTION 10.  Amends Section 2054.1181, Government Code, by amending
Subsection (a) and adding Subsections (d) through (i), as follows: 

(a)  Requires the quality assurance team, in coordination with the
governor, to recommend major information resources projects to DIR for
oversight.  Requires the team, as part of this oversight, to provide risk
management and quality assurance services independent project monitoring,
and project management.  Requires a state agency with a project selected
for oversight to pay for oversight by the department and quality assurance
team based on a funding model developed by DIR. 

(d)  Requires the quality assurance team to evaluate major information
resources projects to determine if the projects are operating on time and
within budget. 

(e)  Authorizes the quality assurance team, if the quality assurance team
determines that a major information resources project is poorly managed or
has excessive cost overruns, to discontinue the project subject to LBB
approval.   

(f)  Authorizes the quality assurance team to review and analyze a
project's risk to determine whether to approve a project for the
expenditure of funds under Section 2054.118(a).  Requires the quality
assurance team, when conducting this review, to  comply with DIR rules and
guidelines.  Requires a state agency to provide the quality assurance team
any information necessary for the quality assurance team to determine the
project's potential risk.  Authorizes the quality assurance team to
approve a project without the review. 

(g)  Authorizes the quality assurance team to require a state agency to
provide certain information. 

(h)  Requires the state auditor, on request by the quality assurance team,
to audit and review major information resources projects and the
information provided by the state agencies under this section.  

(i)  Requires the comptroller of public accounts, on request by the
quality assurance team, to provide assistance regarding certain functions. 

SECTION 11.  Amends Subchapter F, Chapter 2054, Government Code, by adding
Sections 2054.1182 and 2054.1183, as follows: 

Sec.  2054.1182.  EVALUATION OF COMPLETED MAJOR INFORMATION RESOURCES
PROJECTS.  (a)  Authorizes the quality assurance team, after a major
information resources project has been completed, to require a state
agency to evaluate and report on whether the project met its objectives or
other expectations. 

  (b)  Authorizes the state auditor to perform certain tasks.

Sec.  2054.1183.  ANNUAL REPORT ON MAJOR INFORMATION RESOURCES PROJECTS.
Requires the quality assurance team no later than December 1 of each year
to report on the status of major information resources projects to certain
individuals.  

SECTION 12.  Amends the heading to Subchapter G, Chapter 2054, Government
Code, to read as follows: 

SUBCHAPTER G.  QUALITY ASSURANCE

SECTION 13.  Amends Subchapter G, Chapter 2054, Government Code, by adding
Section 2054.158, as follows: 

Sec.  2054.158.  QUALITY ASSURANCE TEAM.  Requires the state auditor, LBB,
and DIR to perform certain tasks.   

SECTION 14.  Amends Subsections (b) and (c), Section 2054.2051, Government
Code, as follows: 

(b)  Adds new language relating to performance measures developed by the
telecommunications planning and oversight council. 

(c)  Requires the review regarding the financial performance of the
consolidated telecommunications system and the centralized capitol complex
telephone system to include a comparison between actual performance and
projected goals at least once every three months and any benefit of
contracting with private vendors to provide some or all of the systems at
least once each year. 

SECTION 15.  Amends Section 2055.001, Government Code, by amending
Subdivision (1) and adding Subdivision (5), as follows: 

(1)  Adds "major information resources project" and "quality assurance
team" to a list of definitions assigned by Section 2054.003. 

 (5)  Defines "consortia project."
 
SECTION 16.  Amends the heading to Subchapter B, Chapter 2055, to read as
follows: 

SUBCHAPTER B.  DEPARTMENT OF INFORMATION RESOURCES;
PROGRAM MANAGEMENT OFFICE

SECTION 17.  Amends Section 2055.051, Government Code, as follows:

Sec.  2055.051.  New heading:  CREATION; OVERSIGHT  (a)  Requires DIR to
manage, rather than create, an Electronic Government Program Management
Office within DIR to direct and facilitate the implementation of
electronic government projects selected under this chapter. 

 (b)  Provides that the office is under the direct authority and oversight
of DIR.   

SECTION 18.  Amends Section 2055.052, Government Code, to require DIR to
establish, direct, and provide risk management and quality assurance
services for consortia, rather than electronic government, projects. 

SECTION 19.  Amends Section 2055.054, Government Code, as follows:

 (a)  Replaces "comptroller" with "governor" and "office" with "DIR" in
existing text. 

(b)  Requires the office, in coordination with state agency information
resources managers, to create state agency coordination teams. 

SECTION 20.  Amends Subsection (c), Section 2055.055, Government Code, to
require DIR, in consultation with the quality assurance team, to establish
standards for state agencies to follow in implementing certain projects. 

SECTION 21.  Amends Section 2055.057, Government Code, as follows:

Sec.  2055.057.  New heading:  FUNDING FOR PROGRAM MANAGEMENT OFFICE AND
CERTAIN PROJECTS.  (a)  Requires DIR, in coordination with the governor
and the quality assurance team, rather than the comptroller, Governor's
Office of Budget and Planning, the state auditor, and LBB to develop a
model for funding consortia projects from a portion of the money
appropriated for technology components to be consolidated by projects
selected under Section 2055.101, including funding staff necessary for the
office.  Requires the model to meet certain requirements. 

(b)  Requires DIR, in coordination with the quality assurance team, to
recommend to LBB and the governor a proposal for funding consortia
projects selected under Section 2055.101. 

SECTION 22.  Amends Subchapter B, Chapter 2055, Government Code, by adding
Section 2055.060, as follows: 

Sec.  2055.060.  PERFORMANCE MEASURES.  Requires DIR to consult with LBB
to establish a performance measure for the office to identify and measure
the value provided to projects selected under Section 2055.101, including
the amount of savings, cost avoidance, and other return on investment
criteria that the office achieves. 

SECTION 23.  Amends Subchapter B, Chapter 2055, Government code, by adding
Section 2055.061, as follows: 

 Sec.  2055.061.  STATE DATA CENTER  (a)  Defines "center" and "best
value." 

(b)  Requires DIR to operate, or through cooperative agreement, manage
operations of the Texas State Data Center on the campus of Angelo State
University.  Provides that it is the intent of the legislature that all
state agencies  and institutions of higher education utilize the center
for data operations, testing disaster recovery plans, and disaster
recovery services.  Prohibits funds appropriated by the legislature from
being expended for entering into or renewing contracts or issuing purchase
orders for data center operations, disaster recovery plan testing
services, or disaster recovery services from other state agencies or other
providers of these services without first obtaining a waiver from LBB
certifying that the requested service requirements cannot be provided at
reasonable costs through the center.  Requires waiver requests to be
evaluated by LBB based on best value to the state, rather than best value
to the state agency or institution of higher education requesting the
waiver.  Requires agencies and institutions of higher education, prior to
requesting a waiver from LBB, to first provide the operational vendor of
the center with a comprehensive statement of work sufficient for the
operational vendor to provide an accurate cost estimate for cost
comparison purposes.  Requires state agencies and institutions of higher
education, prior to initiating the waiver process, to also coordinate with
DIR regarding appropriate time frames for preparation of the statement of
work, pricing, cost comparison, and transition.  Requires agencies and
institutions of higher education to use the State Auditor's Report No.
95-139 in evaluating cost comparison.  Authorizes LBB to request
assistance from the State Auditor's Office in validating cost evaluations.
Authorizes waivers to be granted for specific periods of time and
prohibits any contracts for services obtained under waiver from extending
beyond the expiration date of the waiver.  Requires state agencies and
institutions of higher education, once a waiver has been granted, to
provide a comparison of actual costs versus the projected costs used to
obtain the waiver on an annual basis to LBB. 

(c)  Requires state agencies and institutions of higher education that use
the center to do so under contract with DIR.  Authorizes DIR to collect
fees for these services in amounts that offset the direct and indirect
costs of providing he services.  Authorizes DIR to request assistance from
the State Auditor regarding the billing system formula for offsetting
service costs.  Requires DIR, in order for the state to realize maximum
costs savings and operational efficiencies, to work with LBB, the State
Auditor's Office, and the center's operational vendor to develop a
comprehensive information technology consolidation plan.  Requires DIR to
file a written report of the plan with certain individuals by May 31,
2004.     

SECTION 24.  Amends Subsections (a) and (c), Sections 2055.101, Government
Code, as follows: 

(a)  Requires DIR, in coordination with the governor and the quality
assurance team, to develop selection criteria for the type of electronic
government projects that require direct oversight by the office. 

(c)  Authorizes the DIR rather the office, based on any selection criteria
adopted under Subsection (b) rather than in coordination with the
governor, state auditor, and LBB, to select proposed or existing
electronic government projects, including consortia projects. Deletes
current text referring to certain entities. 

SECTION 25.  Amends Subsection (a), Section 2055.153, Government Code, to
Require DIR, rather than the office, to establish a state agency reporting
system that requires state agencies to report to the office on certain
projects.  Deletes text referring to coordination with the quality
assurance team of the LBB and the state auditor. 

SECTION 26.  Amends Chapter 2055D, Government Code, by adding Section
2055.154, as follows: 

Sec.  2055.154.  REPORT ON FUNDING MODEL AND PERFORMANCE MEASURES.
Requires the office to track its progress against the funding model
established under Section 2055.057 and the performance measures
established under  Section 2055.060.  Requires the office to regularly
report on the progress to certain individuals agencies. 

SECTION 27.  Amends Chapter 2054, Government Code, by adding Subchapter L,
as follows: 

SUBCHAPTER L.  SMALL STATE AGENCIES

 Sec.  2054.401.  DEFINITION.  Defines "small state agency."

Sec.  2054.402.  SMALL STATE AGENCIES CONSOLIDATION PLAN.  (a)  Requires
DIR, in consultation with the Texas Small State Agency Task Force, to
develop, modify, and implement a plan to consolidate information
technology at small state agencies.  

  (b)  Requires the plan to include certain information.

Sec.  2054.403.  COMPLIANCE BY SMALL STATE AGENCIES; FUNDING.  (a)
Requires each small state agency to comply with the consolidation plan
developed under Section 2054.402. 

(b)  Requires the comptroller, at the request of DIR, to deny a small
state agency access to information technology appropriations if the agency
does not comply with the consolidation plan. 

Sec.  2054.404.  AGREEMENTS FOR TECHNOLOGY SERVICES BY SMALL STATE
AGENCIES; FUNDING.  (a)  Requires each small state agency to enter into a
service level agreement with DIR for the agency's technology services. 

(b)  Requires DIR to recover costs incurred by DIR in executing the
agreement based on a cost-recovery model developed by DIR. 

(c)  Provides that a small state agency may not spend appropriated money
for technology services from other providers of services if the services
are otherwise provided by DIR. 

Sec.  2054.405.  SMALL AGENCY INFORMATION RESOURCE MANAGER; EXEMPTION BY
RULE.  (a)  Requires DIR to designate a DIR employee to serve as
information resources manager for small state agencies. 

(b)  Requires the designated information resources manager to submit the
agency's information resources strategic plan, biennial operating plan,
information technology funding requests, and other required information
technology reports on behalf of the small state agencies. 

(c)  Requires DIR by rule to exempt small state agencies from compliance
with Section 2054.075. 

Sec.  2054.406.  EXEMPTIONS; APPEAL.  (a)  Authorizes DIR to grant an
exemption under this section from certain requirements of this subchapter
to a small state agency that contracts with other persons for information
technology services, if the services can be documented to be the best
value to the state. 

(b)  Authorizes a state agency that disagrees with DIR's decision
regarding an exemption for that agency to appeal to the governor.
Provides that the governor's decision on the exemption is final.  

(c)  Provides that Sections 2054.403, 2054.404, and 2054.405(a) do not
apply to a state agency that is exempt under this section. 

SECTION 28.  (a)  Requires DIR to develop a certain plan and model by
February 1, 2004.  
 
(b)  Requires DIR to not later than September 1, 2004, implement the plan
as required by Section 2054.402, Government Code, as added by this Act,
and recover costs under the model as required by Section 2054.404,
Government Code, as added by this Act. Provides that a state agency is not
required to comply with Section 2054.403, Government Code, as added by
this Act, until the plan is implemented or Section 2054.404, Government
Code, as added by this Act, until the department assesses costs under the
model. 

SECTION 29.  Repealer:  2054.1181(c) (Oversight of Major Information
Resources Projects), and Section 2055.059 (Use of West Texas Disaster
Recovery and Operations), Government Code. 

SECTION 30.  Requires DIR, to allow state agencies to reduce design and
software licensing costs, to coordinate with the governor to move control
of the GovernmentDomain.com Internet website to DIR and to promote the
reuse of software purchased with public money. 

SECTION 31.  Effective date:  September 1, 2003.