78R3771 MTB-F
By: Gallego H.B. No. 1576
A BILL TO BE ENTITLED
AN ACT
relating to the telecommunications planning and oversight council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2054.201(a) and (b), Government Code,
are amended to read as follows:
(a) The telecommunications planning and oversight council
is composed of:
(1) a representative of the comptroller's office,
appointed by the comptroller;
(2) the executive director of the Telecommunications
Infrastructure Fund Board;
(3) a representative of the Texas Building and
Procurement Commission, appointed by the executive director of the
commission;
(4) a member representing the interests of state
agencies with 1,000 employees or more, appointed by the lieutenant
governor;
(5) a member representing the interests of state
agencies with fewer than 1,000 employees, appointed by the speaker
of the house of representatives;
(6) a member representing the interests of
institutions of higher education, appointed by the commissioner of
higher education;
(7) a member representing the interests of The
University of Texas System, appointed by the chancellor;
(8) a member representing the interests of The Texas
A&M University System, appointed by the chancellor;
(9) a member representing the interests of public
school districts that are customers of the consolidated
telecommunications system, appointed by the governor;
(10) a member representing the interests of local
governments that are customers of the consolidated
telecommunications system, appointed by the governor; [and]
(11) two public members with telecommunications
expertise, appointed by the governor; and
(12) a representative of the Health and Human Services
Commission, appointed by the commissioner of health and human
services.
(b) Appointed members of the telecommunications planning
and oversight council serve staggered two-year terms, with the
terms of four or five members expiring August 31 each year, except
that:
(1) the representative of the comptroller's office
serves at the discretion of the comptroller; [and]
(2) the representative of the Texas Building and
Procurement Commission serves at the discretion of the executive
director of the commission; and
(3) the representative of the Health and Human
Services Commission serves at the discretion of the commissioner of
health and human services.
SECTION 2. Section 2054.206, Government Code, is amended to
read as follows:
Sec. 2054.206. ANNUAL REPORT. The telecommunications
planning and oversight council shall submit an annual report not
later than November 1 to the department and to each entity served by
the consolidated telecommunications system or the centralized
capitol complex telephone system. The report must include:
(1) information about the accomplishment of service
objectives and other performance measures for management of the
consolidated telecommunications system and the centralized capitol
complex telephone system;
(2) information about the accounting and financial
performance of the consolidated telecommunications system and the
centralized capitol complex telephone system;
(3) estimates of savings to entities served by the
consolidated telecommunications system over standard rates
available to state agencies that [who] acquire telecommunications
services directly;
(4) trends in network use, including the number of
users, workstations, and locations supported; and
(5) rate information for services provided by the
consolidated telecommunications system and the centralized capitol
complex telephone system.
SECTION 3. Subchapter H, Chapter 2054, Government Code, is
amended by adding Section 2054.2025 to read as follows:
Sec. 2054.2025. LIMITATION OF LIABILITY. A member of the
telecommunications planning and oversight council is not liable in
a civil action for an act performed in good faith in the performance
of the member's functions.
SECTION 4. Section 2170.002, Government Code, is amended to
read as follows:
Sec. 2170.002. DEPARTMENT RESPONSIBLE FOR OBTAINING
TELECOMMUNICATIONS SERVICES. (a) The department is the state
agency responsible for obtaining telecommunications services.
(b) The department shall negotiate rates and execute
contracts with telecommunications service providers for services.
The department may:
(1) acquire transmission facilities by purchase,
lease, or lease-purchase in accordance with Chapters 2155-2158;
and
(2) develop, establish, and maintain carrier systems
necessary to the operation of the consolidated telecommunications
system.
SECTION 5. Section 2054.205(c), Government Code, is
repealed.
SECTION 6. (a) When the terms of the members of the
telecommunications planning and oversight council first expire
after the effective date of this Act:
(1) the lieutenant governor and the speaker of the
house of representatives shall each appoint one member, and the
governor shall appoint two members, according to Section 2054.201,
Government Code, for terms expiring on the first August 31
occurring after the effective date of this Act; and
(2) the commissioner of higher education, the
chancellor of The University of Texas System, and the chancellor of
The Texas A&M University System shall each appoint one member, and
the governor shall appoint two members, according to Section
2054.201, Government Code, for terms expiring on the second August
31 occurring after the effective date of this Act.
(b) Promptly after this Act takes effect, the commissioner
of health and human services shall appoint a representative to the
telecommunications planning and oversight council.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.