By: Shapleigh S.B. No. 1152
(In the Senate - Filed March 11, 2003; March 17, 2003, read
first time and referred to Committee on Government Organization;
April 23, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 23, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1152 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to the use of TexasOnline.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 2054.111, Government
Code, is amended to read as follows:
(e) A state agency or local government that uses the project
may charge a fee if:
(1) the fee is necessary to recover the actual costs
directly and reasonably incurred by the agency or local government
because of the project for:
(A) the use of electronic payment methods; or
(B) interfacing with other information
technology systems;
(2) the fee does not include an amount to recover state
agency or local government employee costs;
(3) the state agency or local government approves the
amount of the fee using the state agency's or local government's
standard approval process for fee increases;
(4) the chief financial officer for the state agency
or local government certifies that the amount of the fee is
necessary to recover the actual costs incurred because of the
project; and
(5) [(2)] the authority approves the amount of the
fee.
SECTION 2. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.1115 to read as follows:
Sec. 2054.1115. ELECTRONIC PAYMENTS ON TEXASONLINE. (a) A
state agency or local government that uses TexasOnline may use
electronic payment methods, including the acceptance of credit and
debit cards, for point-of-sale, telephone, or mail transactions.
(b) The state agency or local government may charge a
reasonable fee, as provided by Section 2054.111, to recover costs
incurred through electronic payment methods used under this
section.
SECTION 3. Section 2054.113, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A state agency may not duplicate an infrastructure
component of TexasOnline, unless the program management office
approves the duplication. In this subsection, "infrastructure"
does not include the development of applications, and the
supporting platform, for electronic government projects.
(c) Before a state agency may contract with a third party
for Internet application development that duplicates a TexasOnline
function, the state agency must notify the TexasOnline Authority of
its intent to bid for such services at the same time that others
have the opportunity to bid. The program management office may
exempt a state agency from this section if it determines the agency
has fully complied with Section 2054.111.
SECTION 4. Section 2054.125, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Each state agency that maintains a generally accessible
Internet site shall include a link to TexasOnline on the front page
of the Internet site.
SECTION 5. Subdivision (5), Section 2054.251, Government
Code, as added by Chapter 342, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(5) "Occupational license" means a license,
certificate, registration, permit, or other form of authorization,
including a renewal of the authorization, that:
(A) a person must obtain to practice or engage in
a particular business, occupation, or profession; or
(B) a facility must obtain before a particular
business, occupation, or profession is practiced or engaged in
within the facility.
SECTION 6. Section 2054.251, Government Code, as added by
Chapter 353, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 2054.251. DEFINITIONS. In this subchapter, "authority,"
"licensing entity," and "occupational[:
[(1) "Licensing authority" means a department,
commission, board, office, or other agency of the state or a
political subdivision of the state that issues an occupational
license.
[(2) "Occupational] license" have the meanings
assigned those terms by Section 2054.251, as added by Chapter 342,
Acts of the 77th Legislature, Regular Session, 2001 [means a
license, certificate, registration, or other form of authorization
that a person must obtain to practice or engage in a particular
business, occupation, or profession].
SECTION 7. Section 2054.252, Government Code, as added by
Chapter 353, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 2054.252. APPLICABILITY. (a) The following licensing
entities [authorities] shall participate in the system established
under Section 2054.253, as added by Chapter 353, Acts of the 77th
Legislature, Regular Session, 2001:
(1) State Board of Barber Examiners;
(2) Texas Board of Chiropractic Examiners;
(3) Texas Cosmetology Commission;
(4) Court Reporters Certification Board;
(5) State Board of Dental Examiners;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Land Surveying;
(8) Texas State Board of Medical Examiners;
(9) Board of Nurse Examiners;
(10) Board of Vocational Nurse Examiners;
(11) Texas Optometry Board;
(12) Texas Structural Pest Control Board;
(13) Texas State Board of Pharmacy;
(14) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(15) Texas State Board of Plumbing Examiners;
(16) Texas State Board of Podiatric Medical Examiners;
(17) Board of Tax Professional Examiners;
(18) Polygraph Examiners Board;
(19) Texas State Board of Examiners of Psychologists;
(20) State Board of Veterinary Medical Examiners;
(21) Texas Real Estate Commission;
(22) Texas Appraiser Licensing and Certification
Board; [and]
(23) Texas Department of Licensing and Regulation;
(24) Texas State Board of Public Accountancy;
(25) State Board for Educator Certification;
(26) Texas Board of Professional Engineers;
(27) Texas Department of Health;
(28) Texas Board of Architectural Examiners;
(29) Texas Racing Commission;
(30) Commission on Law Enforcement Officer Standards
and Education; and
(31) Texas Commission on Private Security.
(b) The authority [comptroller] may add additional agencies
as system capabilities are developed.
(c) A licensing entity [authority] other than an entity
[authority] listed by Subsection (a) may participate in the system
established under Section 2054.253, as added by Chapter 353, Acts
of the 77th Legislature, Regular Session, 2001, subject to the
approval of the authority [department].
SECTION 8. Section 2054.253, Government Code, as added by
Chapter 342, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
(a) The authority consists of the comptroller, who serves ex
officio, or the designee of the comptroller, and 16 [15] members
appointed by the governor, as follows:
(1) a board member who serves at the prerogative of the
governor [a representative of each of the following state officers
or agencies appointed by the state officer or the governing body of
the agency:
[(A) the comptroller; and
[(B) the department];
(2) three representatives of local governments
appointed by the governor, including one representative from a
junior college district;
(3) three representatives of businesses that are
regulated by a state agency or local government, appointed by the
governor, including one representative from a rural area;
(4) four representatives of state agencies, including
an institution of higher education other than a junior college
district, appointed by the governor, including one representative
from a rural area; and
(5) five [three] public members appointed by the
governor, including one representative from a rural area.
SECTION 9. Section 2054.253, Government Code, as added by
Chapter 353, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 2054.253. ELECTRONIC SYSTEM FOR OCCUPATIONAL
LICENSING TRANSACTIONS. (a) The authority [department] shall
administer a common electronic system using the Internet through
which a licensing entity [authority] can electronically:
(1) send occupational licenses and other documents to
persons regulated by the authority and to the public;
(2) receive applications for occupational licenses
and other documents for filing from persons regulated by the
authority and from the public, including documents that can be
electronically signed if necessary; and
(3) receive required payments from persons regulated
by the authority and from the public.
(b) The authority [department] may implement this section
in phases. Each licensing entity [authority] that participates in
the system established under this section shall comply with the
schedule established by the authority [department].
(c) The authority [department] may use any Internet portal
established under a demonstration project administered by the
authority [department].
(d) The authority may exempt a licensing entity from
participating in the system established by this section if the
authority determines that:
(1) the licensing entity has established an Internet
portal that allows the performance of the functions described by
Subsection (a); or
(2) online license renewal for the licensing entity
would not be cost-effective or in the best interest of the project
[The department may contract with a private vendor to implement
this section. A contract under this subsection is payable only from
fees collected under Subsection (e)].
[(e) The department shall charge fees in amounts sufficient
to cover the cost of implementing this section. The department may
charge:
[(1) a transaction fee for each transaction performed
on the system; and
[(2) a subscription fee to be paid by each licensing
authority that participates in the system.]
SECTION 10. Subsections (a), (b), and (c), Section
2054.254, Government Code, as added by Chapter 353, Acts of the 77th
Legislature, Regular Session, 2001, are amended to read as follows:
(a) The steering committee for electronic occupational
licensing transactions consists of a representative of each of the
following, appointed by its governing body:
(1) each licensing entity [authority] listed by
Section 2054.252(a), as added by Chapter 353, Acts of the 77th
Legislature, Regular Session, 2001; and
(2) the department.
(b) The governing body of a licensing entity [authority]
described by Section 2054.252(c), as added by Chapter 353, Acts of
the 77th Legislature, Regular Session, 2001, may appoint a
representative to the committee.
(c) A member of the committee serves at the will of the
entity [authority] that appointed the member.
SECTION 11. Section 2054.255, Government Code, is amended
to read as follows:
Sec. 2054.255. PRESIDING OFFICER. The member of the
authority representing the board [department] is the presiding
officer.
SECTION 12. Section 2054.259, Government Code, is amended
to read as follows:
Sec. 2054.259. GENERAL POWERS AND DUTIES OF TEXASONLINE
AUTHORITY. The authority shall:
(1) develop policies related to operation of the
project;
(2) approve or disapprove [consider] services to be
provided by the project;
(3) operate and promote the project;
(4) oversee [manage] contract performance for the
project;
(5) comply with department financial requirements;
(6) oversee money generated for the operation and
expansion of the project;
(7) develop project pricing policies, including
policies regarding any fees that a state agency or local government
may charge for a transaction that uses the project;
(8) evaluate participation in the project to determine
if performance efficiencies or other benefits and opportunities are
gained through project implementation;
(9) advise the department about the project; and
(10) coordinate with the department to receive
periodic security audits of the operational facilities of the
project.
SECTION 13. Subchapter I, Chapter 2054, Government Code, as
added by Chapter 342, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Sections 2054.268 through
2054.271 to read as follows:
Sec. 2054.268. CONTRACTS; CONFLICT OF INTEREST. A contract
entered into between the authority and another state agency or a
local government is not void for the sole reason that a member of
the authority also serves on the governing body of the state agency
or local government with which the contract was entered.
Sec. 2054.269. INTELLECTUAL PROPERTY RIGHTS. The
department may exercise all intellectual property rights regarding
the project, including prevention of other persons from using names
or designs similar to those used by the project to market products.
Sec. 2054.270. MOTOR VEHICLE REGISTRATIONS. For purposes
of this chapter, the renewal of a motor vehicle registration is a
state service.
Sec. 2054.271. AUTHENTICATION OF INDIVIDUAL IDENTITIES AND
SIGNATURES; RULES. (a) The authority or another state agency or
local government that uses TexasOnline may use the Department of
Public Safety's or another state agency's database, as appropriate,
to authenticate an individual's identity on TexasOnline.
(b) The authentication allowed by this section may be used
by the state agency or local government as an alternative to
requiring a notarized document, a document signed by a third party,
or an original signature on a document.
(c) The authority shall propose rules, which the board may
adopt, regarding the use of a standardized database for
authentication under this section.
SECTION 14. Subsections (d), (e), and (g), Section
2054.252, Government Code, as added by Chapter 342, Acts of the 77th
Legislature, Regular Session, 2001, are amended to read as follows:
(d) The department [authority] may contract with a private
vendor to implement this section.
(e) The authority shall charge fees to licensing entities in
amounts sufficient to cover the cost of implementing this section
with respect to licensing entities. The authority shall charge a
subscription fee to be paid by each licensing entity. If the
authority determines that the transaction costs exceed the maximum
increase in occupational license issuance or renewal fees allowed
under Subsection (g), the authority may also charge a reasonable
convenience fee to be recovered from a license holder who uses the
project for online issuance or renewal of a license.
(g) Each licensing entity shall increase the occupational
license issuance or renewal fees imposed by the licensing entity by
an amount sufficient to cover the cost of the subscription fee
imposed on the licensing entity under Subsection (e) but not to
exceed:
(1) $5 for an annual occupational license [that is
required to be renewed annually]; [or]
(2) $10 for a biennial [an] occupational license; or
(3) the amount necessary to cover the cost of the
subscription fee imposed on the licensing entity under Subsection
(e) for permits or facilities licenses [that is required to be
renewed biennially].
SECTION 15. Section 2054.2645, Government Code, is
repealed.
SECTION 16. (a) Not later than November 1, 2003, the
governor shall appoint the additional public members to serve on
the TexasOnline Authority, as required by Subsection (a), Section
2054.253, Government Code, as added by Chapter 342, Acts of the 77th
Legislature, Regular Session, 2001, and as amended by this Act. One
public member's term shall expire on February 1, 2005, and the
other public member's term shall expire on February 1, 2007.
(b) Not later than November 1, 2003, the governor shall
appoint a member of the governing board of the Department of
Information Resources to serve on the TexasOnline Authority, as
required by Subsection (a), Section 2054.253, Government Code, as
added by Chapter 342, Acts of the 77th Legislature, Regular
Session, 2001, and as amended by this Act. The member's term shall
expire on February 1, 2009.
SECTION 17. The Department of Information Resources shall,
in cooperation with the secretary of state, study the feasibility
of providing notary public services on the Internet. If the
department and the secretary of state determine the feasibility to
be sound, the department shall make recommendations not later than
January 1, 2005, to the 79th Legislature regarding legislation to
implement notary public services on the Internet.
SECTION 18. 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.
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