By: Wentworth S.B. No. 1701
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. Subsection (b), Section 2054.091, 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) return on investment guidelines established by the
department to help state agencies to implement major information
resources projects more effectively; 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 and report on critical electronic
government projects to be directed by the department, including a
project for electronic purchasing;
(4) provide information about[, 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;
[(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;
(7) [(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) developing performance measures for
purchasing and contracting; and
(B) identifying 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
(8) [(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. Subsections (c) and (d), Section 2054.095,
Government Code, are amended to read as follows:
(c) The department shall [Legislative Budget Board may]
prescribe the format required for an agency strategic plan.
(d) The department shall [Legislative Budget Board may]
adopt instructions, consistent with Section 2054.096, that guide
state agencies in the preparation of their agency strategic plans.
[The instructions may include the general criteria under which the
Legislative Budget Board will evaluate the plan.]
SECTION 5. Subsection (a), Section 2054.096, 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) a statement of how projects proposed or
described under this subsection will provide a return on investment
according to guidelines developed by the department; 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
department [Legislative Budget Board] may prescribe.
SECTION 6. 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 7. Subsections (a) and (b), Section 2054.100,
Government Code, are amended to read as follows:
(a) Each state agency shall submit an operating plan to the
Legislative Budget Board, the department, the quality assurance
team, 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 8. 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 department must provide the Legislative Budget
Board with a list of agencies that have not complied with department
standards, provisions in the state strategic plan, and corrective
action plans. The agencies must develop corrective action plans
signed off on by the department that specify how deficiencies will
be corrected before components of the agency biennial operating
plan can be approved by the Legislative Budget Board. The governing
board of the department shall adopt rules as necessary to establish
the department standards.
SECTION 9. Section 2054.118, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) A state agency may not spend appropriated funds for a
major information resources project unless the project has been
approved by:
(1) the Legislative Budget Board in the agency's
biennial operating plan; and
(2) the quality assurance team.
(b) The department shall develop rules or guidelines for its
review of major information resources projects, including
guidelines for software development and quality assurance. The
department shall also assist the Legislative Budget Board in
evaluating the determinations about comparative costs and benefits
that state agencies make under Subsection (c).
(d) Before a state agency may initially spend appropriated
funds for a major information resources project, the state agency
must quantitatively define the expected outcomes and outputs for
the project and provide that information to the quality assurance
team.
SECTION 10. Section 2054.1181, Government Code, is amended
by amending Subsection (a) and adding Subsections (d) through (i)
to read as follows:
(a) The quality assurance team, in coordination with the
governor, may recommend major information resources projects to
[department shall create a division in] the department for
oversight [to oversee the implementation of major information
resources projects]. As part of this oversight, the department
shall provide risk management, quality assurance services,
independent project monitoring, and project management. A state
agency with a project selected for oversight shall pay for
oversight by the department and quality assurance team based on a
funding model developed by the department.
(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:
(1) establish a corrective action plan, including
modifications to the design, deployment, or costs related to the
project; or
(2) discontinue the project, subject to Legislative
Budget Board approval.
(f) The quality assurance team may review and analyze a
project's risk to determine whether to approve a project for the
expenditure of funds under Section 2054.118(a). When conducting
this review, the quality assurance team shall comply with
department rules and guidelines. A state agency shall provide the
quality assurance team any information necessary for the quality
assurance team to determine the project's potential risk. The
quality assurance team may approve a project without the review.
(g) The quality assurance team may require a state agency to
provide information on:
(1) the status of a major information resources
project;
(2) the costs for a major information resources
project;
(3) the risk associated with a major information
resources project; and
(4) a major information resources project's general
potential for success.
(h) On request by the quality assurance team, the state
auditor shall audit and review major information resources projects
and the information provided by the state agencies under this
section.
(i) On request by the quality assurance team, the
comptroller shall provide assistance regarding:
(1) verifying the accuracy of information provided by
state agencies on project costs under this section; and
(2) determining a state agency's compliance with this
section.
SECTION 11. Subchapter F, Chapter 2054, Government Code, is
amended by adding Sections 2054.1182 and 2054.1183 to read as
follows:
Sec. 2054.1182. EVALUATION OF COMPLETED MAJOR INFORMATION
RESOURCES PROJECTS. (a) After a major information resources
project has been completed, the quality assurance team may require
a state agency to evaluate and report on whether the project met its
objectives or other expectations.
(b) The state auditor may:
(1) provide an independent evaluation of the completed
project to ensure the validity of the results reported under
Subsection (a); and
(2) send the evaluation to the legislative audit
committee.
Sec. 2054.1183. ANNUAL REPORT ON MAJOR INFORMATION
RESOURCES PROJECTS. Not later than December 1 of each year, the
quality assurance team shall report on the status of major
information resources projects to the:
(1) governor;
(2) lieutenant governor;
(3) speaker of the house of representatives;
(4) presiding officer of the committee in the house of
representatives with primary responsibility for appropriations;
and
(5) presiding officer of the committee in the senate
with primary responsibility for appropriations.
SECTION 12. The heading to Subchapter G, Chapter 2054,
Government Code, is amended to read as follows:
SUBCHAPTER G. [INTERNAL] QUALITY ASSURANCE
SECTION 13. Subchapter G, Chapter 2054, Government Code, is
amended by adding Section 2054.158 to read as follows:
Sec. 2054.158. QUALITY ASSURANCE TEAM. The state auditor,
Legislative Budget Board, and department shall:
(1) create a quality assurance team to perform the
duties specified in this chapter and other law; and
(2) specify in writing the responsibilities of the
state auditor, Legislative Budget Board, and department in
performing the duties.
SECTION 14. Subsections (b) and (c), Section 2054.2051,
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 at least once every three months; and
(2) any benefit of contracting with private vendors to
provide some or all of the systems at least once each year.
SECTION 15. 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," "major information resources
project," "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 16. The heading to Subchapter B, Chapter 2055,
Government Code, is amended to read as follows:
SUBCHAPTER B. DEPARTMENT OF INFORMATION RESOURCES;
PROGRAM MANAGEMENT OFFICE
SECTION 17. Section 2055.051, Government Code, is amended
to read as follows:
Sec. 2055.051. CREATION; OVERSIGHT. (a) The department
shall manage [create] an Electronic Government Program Management
Office within the department to direct and facilitate the
implementation of electronic government projects selected under
this chapter.
(b) The office is under the direct authority and oversight
of the department.
SECTION 18. Section 2055.052, Government Code, is amended
to read as follows:
Sec. 2055.052. GENERAL POWERS AND DUTIES. The department
[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 electronic government projects,
including consortia projects.
SECTION 19. 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 department [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 20. Subsection (c), Section 2055.055, Government
Code, is amended to read as follows:
(c) The department, in consultation with the quality
assurance team, [office] shall establish standards 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 21. 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 the quality assurance team [Legislative Budget
Board], the department [office] shall develop a model for funding
consortia projects and the office from a portion of the money
appropriated for projects selected under Section 2055.101,
including funding 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; and
(2) establish savings, cost avoidance, and other
values 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 [may include in its appropriations request] a proposal
for funding consortia projects selected under Section 2055.101.
SECTION 22. Subchapter B, Chapter 2055, Government Code, is
amended by adding Section 2055.060 to read as follows:
Sec. 2055.060. PERFORMANCE MEASURES. The department shall
consult with the Legislative Budget Board to establish a
performance measure for the office to identify and measure the
value provided to projects selected under Section 2055.101,
including the amount of savings, cost avoidance, and other return
on investment criteria that the office achieves.
SECTION 23. Subchapter B, Chapter 2055, Government Code, is
amended by adding Section 2055.061 to read as follows:
Sec. 2055.061. STATE DATA CENTER. (a) In this section,
"center" means the Texas State Data Center and "best value" means
the lowest overall cost.
(b) The department shall operate or, through cooperative
agreement, manage operations of the Texas State Data Center on the
campus of Angelo State University. It is the intent of the
legislature that all state agencies and institutions of higher
education utilize the center for data center operations, testing
disaster recovery plans, and disaster recovery services. Funds
appropriated by the legislature may not be expended for entering
into or renewing contracts or issuing purchase orders for data
center operations, disaster recovery plan testing services, or
disaster recovery services from other state agencies or other
providers of these services without first obtaining a waiver from
the Legislative Budget Board certifying that the requested service
requirements cannot be provided at reasonable costs through the
center. Waiver requests shall be evaluated by the Legislative
Budget Board based on best value to the state, rather than best
value to the state agency or institution of higher education
requesting the waiver. Prior to requesting a waiver from the
Legislative Budget Board, agencies and institutions of higher
education must first provide the operational vendor of the center
with a comprehensive statement of work sufficient for the
operational vendor to provide an accurate cost estimate for cost
comparison purposes. Prior to initiating the waiver process, state
agencies and institutions of higher education must also coordinate
with the department regarding appropriate time frames for
preparation of the statement of work, pricing, cost comparison, and
transition. Agencies and institutions of higher education shall
use the State Auditor's Report No. 95-139 in evaluating cost
comparison. The Legislative Budget Board may request assistance
from the State Auditor's Office in validating cost evaluations.
Waivers may be granted for specific periods of time and any
contracts for services obtained under waiver may not extend beyond
the expiration date of the waiver. Once a waiver has been granted,
state agencies and institutions of higher education must provide a
comparison of actual costs versus the projected costs used to
obtain the waiver on an annual basis to the Legislative Budget
Board.
(c) State agencies and institutions of higher education
that use the center shall do so under contract with the department.
The department may collect fees for these services in amounts that
offset the direct and indirect costs of providing the services. The
department may request assistance from the State Auditor regarding
the billing system formula for offsetting service costs. In order
for the state to realize maximum costs savings and operational
efficiencies, the department shall work with the Legislative Budget
Board, the State Auditor's Office, and the center's operational
vendor to develop a comprehensive information technology
consolidation plan. The department shall file a written report of
the plan with the governor, the lieutenant governor, and the
speaker of the house of representatives not later than May 31, 2004.
SECTION 24. Subsections (a) and (c), Section 2055.101,
Government Code, are amended to read as follows:
(a) The department [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 department [office] may
select proposed or existing electronic government projects,
including consortia projects.
SECTION 25. Subsection (a), Section 2055.153, Government
Code, is amended to read as follows:
(a) The department [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 26. 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 governor;
(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 27. Section 2157.005, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) This section does not apply to the purchase of a
wireless communications device to be used by peace officers,
firefighters, and other emergency response personnel to respond to
a public safety emergency.
SECTION 28. Subsection (c), Section 2054.1181, and Section
2055.059, Government Code, are repealed.
SECTION 29. To allow state agencies to reduce design and
software licensing costs, the Department of Information Resources
shall coordinate with the governor to move information on the
GovernmentDomain.com Internet website to the department and to
promote the reuse of software purchased with public money.
SECTION 30. This Act takes effect September 1, 2003.