78R9097 MTB-D
By: Swinford H.B. No. 3004
A BILL TO BE ENTITLED
AN ACT
relating to state management and use of information and information
technology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2054, Government Code, is
amended by adding Section 2054.0525 to read as follows:
Sec. 2054.0525. ENHANCEMENT AND IMPROVEMENT OF INFORMATION
CAPABILITIES; RULES. (a) The department may perform any action
necessary or desirable to enhance and improve state government's
information resources technologies, including actions designed to:
(1) enhance the state's information resources and data
processing capabilities;
(2) improve the state's telecommunications
capabilities; and
(3) improve the effectiveness and efficiency of
electronic government projects or other projects that use
information resources technologies.
(b) The department may adopt rules to implement this
section.
SECTION 2. 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 3. 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 4. Subchapter D, Chapter 201, Transportation Code,
is amended by adding Section 201.2036 to read as follows:
Sec. 201.2036. REVIEW OF INFORMATION SYSTEMS. (a) The
department shall contract with independent specialists with
extensive knowledge of evolving legacy systems for a comprehensive
review of the department's information systems.
(b) The review must include:
(1) identification and solicitation of information
from major internal and external customer and user groups to
determine and plan for the department's information system product
and service needs;
(2) evaluation of the extent to which the department's
information technology enterprise plans meet those needs;
(3) consideration of the ability of the department's
information systems division to accomplish the goal, objectives,
strategies, and actions provided for in the department's strategic
plan;
(4) evaluation of the relative potential and costs of
the department's database strategy to meet anticipated user demands
compared to alternative strategies; and
(5) determination of the relative advisability and
desirability of implementation of agency-wide enterprise resource
planning software as an alternative to continuing to maintain and
evolve current systems.
(c) The contract must require that a report of the review be
submitted to the department before January 1, 2003.
(d) This section expires January 1, 2003.
SECTION 5. (a) Section 201.501, Transportation Code, is
amended to read as follows:
Sec. 201.501. RECORDING AND STORAGE [REPRODUCTION] OF
RECORDS. (a) The department shall develop an imaging system to
record and store [may photograph, microphotograph, or film] any
record that pertains to department operations.
(b) The department shall record and store [may create]
original records in an electronic form [micrographic form on media,
such as computer output microfilm].
(c) The department shall [provide an adequate number of
microfilm readers and printers to] allow the public convenient and
inexpensive access to records created under Subsection (a). The
department shall index the records alphabetically, by number, by
subject matter, or by other appropriate references and shall
provide the index to the public to promote convenient access.
(d) An image [A photograph, microphotograph, or film] of a
record reproduced under Subsection (a) is equivalent to the
original record for all purposes, including introduction as
evidence in all courts and administrative agency proceedings. A
certified or authenticated copy of such an image [a photograph,
microphotograph, or film] is admissible as evidence equally with
the original image [photograph, microphotograph, or film].
(e) The director or an authorized representative may
certify the authenticity of an image [a photograph,
microphotograph, or film] of a record reproduced under this section
and shall charge a fee for access to the image [the certified
photograph, microphotograph, or film] as provided by law.
(f) Certified records shall be furnished to any person who
is authorized by law to receive them.
(b) As the Texas Department of Transportation implements a
record imaging system in accordance with Section 201.501,
Transportation Code, as amended by this section, the department
shall phase out its microform library of records. Not later than
January 1, 2004, the department must have fully implemented a
record imaging and storage system in accordance with Section
201.501, Transportation Code, as amended by this section.
SECTION 6. Subchapter J, Chapter 201, Transportation Code,
is amended by adding Section 201.8015 to read as follows:
Sec. 201.8015. CENTRALIZATION OF INFORMATION AND
ASSISTANCE. (a) The department shall centralize consumer and
technical assistance in its help desk. The department shall
include in the duties of the help desk answering questions from the
public and counties about registration and titling, and shall
direct a majority of those calls to the help desk.
(b) The department shall reallocate employees between
regional offices and the help desk as necessary to carry out
Subsection (a).
SECTION 7. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.010 to read as follows:
Sec. 502.010. INTERNET REGISTRATION SYSTEM. The department
shall expand the department's Internet registration system to allow
for:
(1) interconnection with the automated registration
and title system;
(2) vehicle fleet registration; and
(3) registration of vehicles under the International
Registration Plan under Section 502.054.
SECTION 8. This Act takes effect September 1, 2003.