78R6631 MXM-D
By: Pitts H.B. No. 1308
A BILL TO BE ENTITLED
AN ACT
relating to a return on investment program for certain major state
information technology projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2055.001(1), Government Code, is amended
to read as follows:
(1) "Board," "department," "electronic government
project," "executive director," "local government," "major
information resources project," and "TexasOnline" have the
meanings assigned by Section 2054.003.
SECTION 2. Chapter 2055, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. RETURN ON INVESTMENT PROGRAM
Sec. 2055.201. CREATION OF PROGRAM. The office shall
implement a return on investment program for selected major
information resources projects to quantify, measure, evaluate, and
verify technology investment benefits for the government and
residents of this state.
Sec. 2055.202. RESPONSIBILITY FOR PROGRAM. The office is
responsible for the outcomes, costs, and timeliness of all major
information resources projects selected under this subchapter.
Sec. 2055.203. PERFORMANCE MEASURES AND GOALS. (a) The
office shall outline broad goals to measure the success, cost, and
long-term return on investment presented for each major information
resources project.
(b) The office shall establish budgetary performance
measures that quantify the actual return on investment on
completion of projects.
Sec. 2055.204. GENERAL OVERSIGHT OF PROGRAM; AUDITS AND
REPORTS. (a) The quality assurance team of the Legislative Budget
Board shall oversee the program.
(b) The quality assurance team of the Legislative Budget
Board may require periodic reports or audits from state agencies
for projects selected under this subchapter.
Sec. 2055.205. SELECTION OF MAJOR PROJECTS. (a) The
quality assurance team of the Legislative Budget Board shall select
major information resources projects for the return on investment
program.
(b) Each state agency with a project selected under this
subchapter shall, in consultation with the office, submit an
implementation plan to the department that demonstrates how:
(1) the agency will seek cooperative and collaborative
efforts from other state agencies; and
(2) the project will:
(A) benefit individuals in this state and the
state as a whole;
(B) use, to the fullest extent, technology owned
or adapted by other state agencies;
(C) employ, to the fullest extent, the
department's information technology standards, including
Internet-based technology standards;
(D) easily expand, to the fullest extent, to
serve other residents of this state or other state agencies;
(E) develop on time and on budget;
(F) produce quantifiable returns on investment;
and
(G) meet any other criteria developed by the
department or the quality assurance team of the Legislative Budget
Board.
(c) If a selected project involves more than one state
agency, the state agencies may jointly submit a plan for the project
under Subsection (b).
(d) The department and the quality assurance team shall
review and consider whether to approve or reject a plan.
(e) The department and the quality assurance team may
consider the past performance of a state agency or a vendor in
deciding whether to approve or reject a plan.
Sec. 2055.206. APPROVAL REQUIRED FOR MAJOR PROJECTS TO
PROCEED; LIMIT ON FUNDING. (a) A major information resources
project selected under this subchapter may not proceed:
(1) without approval under Section 2055.205; or
(2) if the quality assurance team of the Legislative
Budget Board determines that the project is not sufficiently sound
to receive funding under the program.
(b) A state agency that is not allowed to proceed under this
section may not seek funding from other sources for the selected
project.
Sec. 2055.207. FUNDING FOR PROGRAM. The return on
investment program shall be funded from a percentage of money
appropriated to or budgeted by state agencies for the major
information resources projects designated by the legislature under
Section 2054.003. The legislature shall prescribe the percentage
or percentages, as applicable, in the General Appropriations Act.
Sec. 2055.208. REIMBURSEMENT FOR MAJOR PROJECT EXPENSES.
(a) As a major information resources project selected and approved
under this subchapter proceeds, a state agency that incurs costs
for the project may periodically request reimbursement from money
budgeted for the project or authority to obligate that money for
payment of project costs, as applicable.
(b) The agency must obtain approval from the executive
director before receiving reimbursement or obligating money for
payment of project costs. The executive director shall approve a
request under this section if:
(1) the involved state agencies, vendors, or other
sponsors demonstrate to the executive director's satisfaction that
the project is generally proceeding according to the approved
return on investment plan; and
(2) the total amount requested for that project:
(A) does not exceed the approved amount budgeted
for the project; or
(B) does exceed the approved amount budgeted for
the project, but the excess amounts are to be paid out of existing
funds appropriated to the relevant budget strategy of that state
agency that may be spent on the project.
(c) If multiple state agencies are involved under
Subsection (b)(2)(B), the executive director shall approve the
amounts paid or obligated in amounts proportionate to each agency's
financial participation in the project.
(d) If the executive director approves the request, the
executive director shall notify the comptroller to release the
budgeted money to the state agency or obligate the money for payment
of project costs, as applicable.
Sec. 2055.209. APPEAL OF DECISIONS. (a) A state agency
that disagrees with the executive director's failure to approve a
request under Section 2055.208(b) may appeal to the quality
assurance team of the Legislative Budget Board.
(b) If a state agency disagrees with the quality assurance
team's decision under Subsection (a) or Section 2055.206, the
agency may appeal to the Legislative Budget Board.
Sec. 2055.210. REPORT. (a) The office shall identify and
report all cost savings and cost avoidance amounts from its
activities under this subchapter to:
(1) the department; and
(2) the quality assurance team of the Legislative
Budget Board.
(b) The office shall also send its report under Subsection
(a) to the Legislative Oversight Committee for Electronic
Government Projects. This subsection expires December 31, 2004.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2003.
(b) Sections 2055.205(d) and (e), 2055.206, and 2055.208,
Government Code, as added by this Act, take effect February 1, 2004.