78R7725 MXM-D
By: Shapleigh S.B. No. 1440
A BILL TO BE ENTITLED
AN ACT
relating to certain electronic and information resources
technology projects of the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.055(b), Government Code, is amended
to read as follows:
(b) The report must:
(1) assess the progress made toward meeting the goals
and objectives of the state strategic plan for information
resources management;
(2) describe major accomplishments of the state or a
specific state agency in information resources management;
(3) describe major problems in information resources
management confronting the state or a specific state agency;
(4) provide a summary of the total expenditures for
information resources and information resources technologies by
the state;
(5) make recommendations for improving the
effectiveness and cost-efficiency of the state's use of information
resources; [and]
(6) include a list compiled by the department's
program management office from the information gathered under
Sections 2055.152 and 2055.153 of the electronic government
projects:
(A) that are managed by the office under Chapter
2055; and
(B) that are not yet managed by the office under
Chapter 2055, but have been selected for management under Chapter
2055; and
(7) describe an operational blueprint, including
planning criteria, that will be provided to state agencies and
local governments to meet their information resources technologies
needs.
SECTION 2. Subchapter C, Chapter 2054, Government Code, is
amended by adding Sections 2054.062 and 2054.065 to read as
follows:
Sec. 2054.062. EXCHANGE PROGRAM OF EMPLOYEES WITH PRIVATE
SECTOR. (a) The department may create a voluntary program allowing
the exchange of department employees with information resources
technology employees in the private sector.
(b) Before making an employee exchange under this section,
the department, the private employer, and each employee must agree
on:
(1) the period of the exchange;
(2) the duties to be performed by each employee;
(3) issues related to supervision;
(4) issues related to liability;
(5) compensation and other benefits; and
(6) any other issues necessary for the exchange.
Sec. 2054.065. SINGLE SOFTWARE PROTOCOL. (a) The
department shall develop, implement, and enforce a single software
protocol for all state agencies.
(b) In developing the protocol, the department shall
consider:
(1) interconnectivity and interoperability issues;
(2) the development of a single software architecture
across all state agencies; and
(3) standards to enable the categorization of
government information in a way that is:
(A) searchable electronically, including by
searchable identifiers;
(B) interoperable across state agencies; and
(C) consistent with other information standards
adopted by the department.
(c) In determining the parameters of the protocol, the
department shall consider its compatibility with federal
guidelines and policies and may delay implementation of the state
protocol to ensure compatibility with federal guidelines and
policies adopted or in development.
SECTION 3. Section 2054.092, Government Code, is amended to
read as follows:
Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN. The state
strategic plan must:
(1) provide a strategic direction for information
resources management in state government for the five fiscal years
following adoption of the plan, including providing a best
practices model to assist state agencies in adopting effective
information management methods and obtaining effective information
resources technologies;
(2) provide guidance to state agencies in the
development of the agency strategic plans;
(3) establish goals and objectives relating to
information resources management;
(4) provide long-range policy guidelines for
information resources in state government, including the
implementation of national and international standards for
information resources technologies;
(5) identify major issues relating to improved
information resources management, including the identification of
needed procurement policy initiatives to encourage competition
between providers of information resources technologies; [and]
(6) identify priorities for the implementation of
information resources technologies according to the relative
economic and social impact on the state; and
(7) provide an operational blueprint, including
planning criteria, to state agencies and local governments to meet
their information resources technologies needs.
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;
(7) a description of any computer hardware and
software systems used by the agency;
(8) the status of the agency's quality assurance
initiatives for:
(A) security; and
(B) major information resources projects;
(9) a description of measures taken by the agency to
comply with department rules and standards; and
(10) [(7)] other planning components that the
Legislative Budget Board may prescribe.
SECTION 5. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.114 to read as follows:
Sec. 2054.114. CONTENT MANAGEMENT AND PROJECT MANAGEMENT
FEATURES ON DEPARTMENT WEBSITE. The TexasOnline division shall
modify the department's website to integrate features that allow
website visitors to manage content and projects. The website must
be searchable using keywords and must assist visitors in the
automation of the design, implementation, and costing of major
information resources projects.
SECTION 6. Section 2054.1181, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) If the program management office determines that a major
information resources project is poorly managed or has excessive
cost overruns, the office may, with the approval of the quality
assurance team of the Legislative Budget Board and the Legislative
Oversight Committee for Electronic Government Projects, evaluate,
redesign, or discontinue the project.
SECTION 7. Subchapter F, Chapter 2054, Government Code, is
amended by adding Sections 2054.1241 and 2054.1251 to read as
follows:
Sec. 2054.1241. STATE AGENCY SECURITY AUDIT. (a) Each
state agency shall periodically audit its information resources
technologies to ensure compliance with state standards and rules
regarding security. The department may adopt rules regarding the
frequency of state agency audits.
(b) The agency shall report the results of each audit to the
department in a form and including information prescribed by
department rules. The report may be included in the agency's
operating plan submitted under Section 2054.100(a).
(c) The department may compile into a report the results of
any audits it receives under this section. The report may summarize
the results of the audits performed under this section. The
department may include the report with the department's legislative
appropriations request.
Sec. 2054.1251. LISTING WEBSITE ADDRESS IN TELEPHONE
DIRECTORIES. Each state agency shall list its website address in
appropriate telephone directories.
SECTION 8. Section 2054.126, Government Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) The department shall adopt a policy that:
(1) prescribes terms under which a person may use,
copy information from, or link to a generally accessible Internet
site maintained by or for a state agency; [and]
(2) protects the personal information of members of
the public who access information from or through a generally
accessible Internet site maintained by or for a state agency; and
(3) provides the public with a reasonable opportunity
to comment on what information may be published on-line.
(f) Each state agency, with the assistance of the
department, shall adopt and implement policies related to a
generally accessible Internet site maintained by or for the agency
that provides for the posting of public comments regarding rules
considered by the agency. The policies must provide a state agency
with discretion as to which comments must be posted, including
discretion regarding security issues, privacy issues, and other
limits on the content of the post.
SECTION 9. 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 10. Section 2055.057(a), Government Code, is
amended to read as follows:
(a) In coordination with the comptroller, Governor's Office
of Budget and Planning, state auditor, and Legislative Budget
Board, the office shall develop a model for funding the office from
a portion of the money appropriated for projects selected under
Section 2055.101, including staff necessary for the office. 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;
(2) clearly establish savings and cost avoidance that
result from the management initiatives of the office; and
(3) calculate how electronic initiatives reduce state
agency costs, using the method used by the TexasOnline division for
the division's benchmark studies.
SECTION 11. 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 12. Subchapter C, Chapter 2055, Government Code, is
amended by adding Section 2055.107 to read as follows:
Sec. 2055.107. TECHNICAL AND BUSINESS PRACTICES FOR
PROJECTS. The division of the department responsible for
enterprise operations shall establish technical and business
practice standards for electronic government projects managed by
the office.
SECTION 13. 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 of the Legislative
Budget Board;
(3) the Legislative Oversight Committee for
Electronic Government Projects;
(4) the speaker of the house of representatives;
(5) the lieutenant governor; and
(6) the presiding officer of each committee in the
legislature with primary oversight over the department.
SECTION 14. 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 15. Subchapter A, Chapter 2157, Government Code, is
amended by adding Sections 2157.006 and 2157.007 to read as
follows:
Sec. 2157.006. PURCHASING STANDARDS. The Department of
Information Resources shall establish contracting and purchasing
standards for computer hardware and software and information
technology services, including standards that:
(1) limit vendor selection for identical products;
(2) establish targets for agencies to reuse public
software;
(3) reduce purchase prices; and
(4) improve security.
Sec. 2157.007. PERFORMANCE MEASURE. The Department of
Information Resources shall consult with the Legislative Budget
Board to establish a performance measure to identify and set
targets for reducing costs for purchases made under this chapter.
SECTION 16. Chapter 2157, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. SPECIFIC PROVISIONS REGARDING TELECOMMUNICATIONS
Sec. 2157.201. DEFINITION. In this subchapter,
"department" means the Department of Information Resources.
Sec. 2157.202. PERFORMANCE MEASURE. The department, in
coordination with the telecommunications planning and oversight
council, shall consult with the Legislative Budget Board to
establish a telecommunications performance measure that:
(1) establishes cost-reduction targets for the
division in the department responsible for telecommunications
services; and
(2) reduces the surcharge rates paid by governmental
entities for long-distance telecommunications services.
Sec. 2157.203. CONTRACTS WITH PRIVATE ENTITIES. The
department shall consider contracting with private entities to
provide some or all of its telecommunications services.
SECTION 17. To allow state agencies to reduce software
design and licensing costs, the Department of Information Resources
shall coordinate with the governor's office to move control of the
GovernmentDomain.com website to the department and to expand the
website. The website must include telecommunications billing
software developed by the Texas Legislative Council.
SECTION 18. (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.