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78R1391 MXM-D

By:  Pitts                                                        H.B. No. 2067


A BILL TO BE ENTITLED
AN ACT
relating to the Department of Information Resources' management of certain electronic and telecommunications projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2054.003, Government Code, as amended by Chapters 1272 and 1422, Acts of the 77th Legislature, Regular Session, 2001, is amended by adding Subdivision (16) to read as follows: (16) "Quality assurance team" means the quality assurance team established under Section 2054.158. SECTION 2. Section 2054.091(b), Government Code, is amended to read as follows: (b) In preparing the state strategic plan, the executive director shall assess and report on: (1) practices of state agencies regarding information resources management, including interagency and interbranch communication and interagency resource sharing; (2) current and future information resources management technologies and practices and their potential application to state government; [and] (3) any return on investment guidelines established in the strategic plan and used to develop and implement major information resources projects; and (4) any issue the department determines is relevant to the development of the state strategic plan. SECTION 3. Section 2054.092, Government Code, is amended to read as follows: Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN. (a) The state strategic plan must be prepared in coordination with the quality assurance team and state agency information resources managers. (b) The plan must: (1) provide a strategic direction for information resources management in state government for the five fiscal years following adoption of the plan; (2) outline a state information architecture that contains a logically consistent set of principles, policies, and standards to guide the engineering of state government's information technology systems and infrastructure in a way that ensures compatibility and alignment with state government's needs; (3) designate critical electronic government projects to be directed by the department, including a project for enterprise resource planning and a project for electronic purchasing; (4) establish[, including providing] a best practices model to assist state agencies in adopting effective information management methods, including the design, deployment, and management of information resources projects, cost-benefit analyses, and staff reengineering methods to take full advantage of technological advancements [and obtaining effective information resources technologies]; (5) establish reporting guidelines for state agencies to report in [(2) provide guidance to state agencies in the development of the] agency strategic plans: (A) the outcomes and progress related to the strategic direction of the state; (B) information necessary to evaluate opportunities for information technology consolidation; (C) progress toward implementing electronic government projects designated under Subdivision (3); (D) the return on investment for projects and cost-benefit models for the projects; and (E) other provisions in this section; (6) [(3)] establish goals and objectives relating to information resources management, including guidelines on achieving a positive return on investment; (7) [(4)] provide long-range policy guidelines for information resources in state government, including the implementation of national, [and] international, and department standards for information resources technologies; (8) [(5)] identify major issues faced by state agencies related to the acquisition of computer hardware, computer software, and information resources technology services, and develop a statewide approach to address the issues, including: (A) performance measures for purchasing and contracting; and (B) opportunities to reuse computer software code purchased with public funds [relating to improved information resources management, including the identification of needed procurement policy initiatives to encourage competition between providers of information resources technologies]; and (9) [(6)] identify priorities for: (A) the implementation of information resources technologies according to the relative economic and social impact on the state; and (B) return on investment and cost-benefit analysis strategies. SECTION 4. Section 2054.096(a), Government Code, is amended to read as follows: (a) Each agency strategic plan must be consistent with the state strategic plan and include: (1) a statement of the state agency's goals, objectives, and programs as found in the agency's legislative appropriations request; (2) a description of the agency's major data bases and their applications; (3) a description of the agency's information resources management organizations, policies, and practices; (4) a description of interagency computer networks in which the agency participates; (5) a statement of the strategic objectives of the agency relating to information resources management for the next five fiscal years, beginning with the fiscal year during which the plan is submitted, with a description of how those objectives help achieve the agency's programs and goals, and a description of how those objectives support and promote the goals and policies of the state strategic plan; [and] (6) a description of any information resources technology projects proposed by the agency, including: (A) a statement of how the projects relate to similar projects, as identified by the department, implemented or proposed by other agencies; [and] (B) a description of any proposed plans for coordinating the projects with other agencies; (C) how projects proposed or described under this subsection will be developed to provide a quantifiable return on investment; and (D) a detailed description of the past performance of projects implemented under this subsection; (7) the status of the agency's quality assurance initiatives for: (A) security; and (B) major information resources projects; (8) a description of measures taken by the agency to comply with department rules and standards; and (9) [(7)] other planning components that the Legislative Budget Board may prescribe. SECTION 5. Section 2054.097, Government Code, is amended to read as follows: Sec. 2054.097. REVIEW OF AGENCY STRATEGIC PLAN. (a) A state agency shall send its strategic plan to the quality assurance team [Legislative Budget Board] and the department for review. (b) The [Legislative Budget Board or the] department, in coordination with the quality assurance team, shall [may] report to the agency, and may report to the governor[, the state auditor,] and the presiding officer of each house of the legislature, that an agency strategic 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 6. Sections 2054.100(a) and (b), Government Code, are amended to read as follows: (a) Each state agency shall submit an operating plan to the Legislative Budget Board, the department, and the governor each state fiscal biennium in accordance with the directions of the Legislative Budget Board. (b) The plan must describe the agency's current and proposed projects for the biennium, including how the projects will: (1) benefit individuals in this state and benefit the state as a whole; (2) use, to the fullest extent, technology owned or adapted by other state agencies; (3) employ, to the fullest extent, the department's information technology standards, including Internet-based technology standards; (4) expand, to the fullest extent, to serve residents of this state or to serve other state agencies; (5) develop on time and on budget; (6) produce quantifiable returns on investment; and (7) meet any other criteria developed by the department or the quality assurance team. SECTION 7. Section 2054.102, Government Code, is amended to read as follows: Sec. 2054.102. EVALUATION AND APPROVAL OF OPERATING PLANS. (a) The Legislative Budget Board may specify procedures for the submission, review, approval, and disapproval of biennial operating plans and amendments, including procedures for review or reconsideration of the Legislative Budget Board's disapproval of a biennial operating plan or biennial operating plan amendment. (b) The Legislative Budget Board may not approve the state strategic plan until the department certifies that the operating plan complies with department standards and provisions contained in the state strategic plan. The board shall adopt rules as necessary to establish the department standards. SECTION 8. Section 2054.1181, Government Code, is amended by amending Subsection (a) and adding Subsections (d) and (e) to read as follows: (a) The quality assurance team, in coordination with the governor, [department] shall [create a division in the department to] oversee the implementation of major information resources projects. As part of this oversight, the team shall provide risk management and quality assurance services for the projects. (d) The quality assurance team shall evaluate major information resources projects to determine if the projects are operating on time and within budget. (e) If the quality assurance team determines that a major information resources project is poorly managed or has excessive cost overruns, the quality assurance team may, subject to Legislative Budget Board approval: (1) establish a corrective action plan, including modifications to the design, deployment, or costs related to the project; or (2) discontinue the project. SECTION 9. The heading to Subchapter G, Chapter 2054, Government Code, is amended to read as follows:
SUBCHAPTER G. [INTERNAL] QUALITY ASSURANCE
SECTION 10. Subchapter G, Chapter 2054, Government Code, is amended by adding Section 2054.158 to read as follows: Sec. 2054.158. QUALITY ASSURANCE TEAM. The department, in cooperation with the Legislative Budget Board and the state auditor, shall create a quality assurance team using employees from each agency. SECTION 11. Sections 2054.2051(b) and (c), Government Code, are amended to read as follows: (b) The telecommunications planning and oversight council shall develop performance measures to establish cost-effective [for the] operations and staffing [staff] of the consolidated telecommunications system and the centralized capitol complex telephone system. (c) The telecommunications planning and oversight council shall review every three months the status of all projects related to and the financial performance of the consolidated telecommunications system and the centralized capitol complex telephone system, including: (1) a comparison between actual performance and projected goals; and (2) any benefit of contracting with private vendors to provide some or all of the systems. SECTION 12. Section 2055.001, Government Code, is amended by amending Subdivision (1) and adding Subdivision (5) to read as follows: (1) "Board," "department," "electronic government project," "local government," "quality assurance team," and "TexasOnline" have the meanings assigned by Section 2054.003. (5) "Consortia project" means an electronic government project involving multiple state agencies and designed to establish common information resources infrastructure. SECTION 13. Section 2055.052, Government Code, is amended to read as follows: Sec. 2055.052. GENERAL POWERS AND DUTIES. The office shall: (1) establish and support standard business practices for electronic government projects; (2) coordinate and establish standards for implementation of electronic government projects; (3) identify and incorporate best practices for electronic government projects in such areas as: (A) the procurement of hardware, software, and technology services; (B) project support; (C) implementation strategies; (D) project planning and scheduling; (E) quality assurance; (F) overall team coordination; (G) status reporting; and (H) technical standards; and (4) establish, direct, and provide risk management and quality assurance services for consortia [electronic government] projects. SECTION 14. Section 2055.054, Government Code, is amended to read as follows: Sec. 2055.054. COORDINATION AMONG STATE AGENCIES; APPROVAL OF SPENDING. (a) In coordination with the Legislative Budget Board and the governor [comptroller], the office shall: (1) identify the resources necessary for projects and opportunities among multiple state agencies for the coordination of electronic government projects; and (2) approve spending of money for electronic government projects by affected state agencies under Section 2055.101. (b) The office, in coordination with state agency information resources managers, shall create state agency coordination teams, as appropriate, to reduce information technology expenditures and eliminate unnecessary duplication. SECTION 15. Section 2055.055(c), Government Code, is amended to read as follows: (c) The office, in coordination with the quality assurance team, shall recommend [establish] standards to the department for state agencies to follow in implementing: (1) selected electronic government projects to ensure maximum savings through cooperation among agencies; (2) major information resources projects; and (3) consortia projects. SECTION 16. Section 2055.057, Government Code, is amended to read as follows: Sec. 2055.057. FUNDING FOR PROGRAM MANAGEMENT OFFICE AND CERTAIN PROJECTS. (a) In coordination with the governor [comptroller, Governor's Office of Budget and Planning, state auditor,] and Legislative Budget Board, including the quality assurance team, the office shall develop a model for funding consortia projects [the office] from a portion of the money appropriated for technology components to be consolidated by projects selected under Section 2055.101, including staff necessary for the office to implement the consortia projects. The model must: (1) describe how to provide the office with the staffing and other resources necessary for the office to manage the projects it selects; and (2) establish savings and cost avoidance that result from the consortia projects. (b) The department, in coordination with the quality assurance team, shall recommend to the Legislative Budget Board and the governor a proposal [may include in its appropriations request a proposal] for funding projects selected under Section 2055.101. SECTION 17. Subchapter B, Chapter 2055, Government Code, is amended by adding Section 2055.060 to read as follows: Sec. 2055.060. PERFORMANCE MEASURES. The department, in coordination with the Legislative Oversight Committee for Electronic Government Projects, shall consult with the Legislative Budget Board to establish a performance measure for the office that identifies the amount of savings and cost avoidance that the office achieves. SECTION 18. Sections 2055.101(a) and (c), Government Code, are amended to read as follows: (a) The office, in coordination with the governor and the quality assurance team, [state auditor, and Legislative Budget Board,] shall develop selection criteria for the type of electronic government projects that require direct oversight by the office. The criteria must include: (1) issues related to interagency cooperation and implementation; (2) costs, including reimbursement strategies; (3) requirements for authentication and security implications; and (4) the state's strategic vision regarding electronic government projects. (c) Based on any selection criteria adopted under Subsection (b) [and in coordination with the governor, state auditor, and Legislative Budget Board], the office may, subject to the approval of the governor and the quality assurance team, select proposed or existing electronic government projects, including consortia projects. SECTION 19. Section 2055.153(a), Government Code, is amended to read as follows: (a) In coordination with the quality assurance team [of the Legislative Budget Board] and the state auditor, the office shall establish a state agency reporting system that requires state agencies to report to the office on: (1) electronic government projects selected under Section 2055.101 so that the office may effectively monitor those projects; and (2) all other electronic government projects for that agency. SECTION 20. Subchapter D, Chapter 2055, Government Code, is amended by adding Section 2055.154 to read as follows: Sec. 2055.154. REPORT ON FUNDING MODEL AND PERFORMANCE MEASURES. The office shall track its progress against the funding model established under Section 2055.057 and the performance measures established under Section 2055.060. The office shall regularly report on the progress to: (1) each state agency with a project selected under Section 2055.101; (2) the quality assurance team; (3) the Legislative Oversight Committee for Electronic Government Projects; (4) the governor; (5) the speaker of the house of representatives; (6) the lieutenant governor; and (7) the presiding officer of each committee in the legislature with primary oversight over the department. SECTION 21. Section 2054.1181(c), Government Code, is repealed. SECTION 22. To allow state agencies to reduce design and software licensing costs, the Department of Information Resources shall coordinate with the governor to move control of the GovernmentDomain.com Internet website to the department and to expand the website. The website must include telecommunications billing software developed by the Texas Legislative Council. SECTION 23. This Act takes effect September 1, 2003.