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79R2315 MXM-D
By: Isett H.B. No. 1516
A BILL TO BE ENTITLED
AN ACT
relating to the Department of Information Resources' management of
state electronic and telecommunications services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE ELECTRONIC AND TELECOMMUNICATIONS PROJECTS
SECTION 1.01. Subchapter C, Chapter 2054, Government Code,
is amended by adding Section 2054.0565 to read as follows:
Sec. 2054.0565. USE OF CONTRACTS BY OTHER GOVERNMENTAL
ENTITIES. The department may allow a procurement contract entered
into by the department, including a contract entered into under
Section 2157.068, to be used by another state agency, a political
subdivision of this state, or a governmental entity of another
state.
SECTION 1.02. Section 2054.071, Government Code, is amended
to read as follows:
Sec. 2054.071. IDENTITY OF MANAGER; CONSOLIDATION. (a) The
individual required to sign a state agency's strategic plan under
Subchapter E, or that individual's designated representative,
shall serve as the agency's information resources manager.
(b) A representative designated under Subsection (a) may be
designated to serve as a joint information resources manager by two
or more state agencies. The department must approve the joint
designation.
SECTION 1.03. Section 2054.074, Government Code, is amended
to read as follows:
Sec. 2054.074. RESPONSIBILITY TO PREPARE OPERATING PLANS.
(a) The information resources manager shall prepare the biennial
operating plans under Subchapter E.
(b) A joint information resources manager may, to the extent
appropriate, consolidate the operating plans of each agency for
which the manager serves under Section 2054.071.
SECTION 1.04. Section 2054.096, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) Each state agency shall use state commodity hardware
configurations as a part of the agency's planning under this
section. The department shall specify the state commodity hardware
configurations in its instructions for the preparations of agency
strategic plans.
SECTION 1.05. Subchapter E, Chapter 2054, Government Code,
is amended by adding Section 2054.1015 to read as follows:
Sec. 2054.1015. PLANNED PROCUREMENT SCHEDULES FOR
COMMODITY HARDWARE. (a) A state agency must provide a planned
procurement schedule for commodity hardware to the department
before the agency's operating plan may be approved under Section
2054.102.
(b) The department shall use information contained in the
schedules to plan future vendor solicitations of commodity
hardware.
(c) A state agency shall notify the department and the
Legislative Budget Board if the agency makes a substantive change
to a planned procurement schedule for commodity hardware.
SECTION 1.06. Chapter 2054, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. TEXAS PROJECT DELIVERY FRAMEWORK
Sec. 2054.301. APPLICABILITY. This subchapter applies only
to a major information resources project.
Sec. 2054.302. GUIDELINES; FORMS. (a) A state agency shall
prepare each document required by this subchapter in a manner
consistent with department guidelines.
(b) The department shall develop and provide guidelines and
forms for the documents required by this subchapter.
(c) The department shall work with state agencies in
developing the guidelines and forms.
Sec. 2054.303. BUSINESS CASE AND STATEWIDE IMPACT ANALYSIS.
(a) For each proposed major information resources project, a state
agency must prepare:
(1) a business case providing the initial
justification for the project, including the anticipated return on
investment in terms of cost savings and efficiency for the project;
and
(2) a statewide impact analysis of the project's
effect on the state's common information resources infrastructure,
including the possibility of reusing code or other resources.
(b) The agency shall file the documents with the department
and the Legislative Budget Board at the same time the agency files
its legislative appropriations request.
(c) The department shall use the analysis to ensure that the
proposed project does not unnecessarily duplicate existing
statewide information resources technology.
Sec. 2054.304. PROJECT PLANS. (a) A state agency shall
develop a project plan for each major information resources
project.
(b) Except as provided by Subsection (c), the state agency
must file the project plan with the quality assurance team before
the agency:
(1) spends more than 10 percent of allocated funds for
the project; or
(2) first issues a vendor solicitation for the
project.
(c) The Texas Building and Procurement Commission may not
issue a vendor solicitation for a project unless the project plan
has been filed under this section.
(d) If a project will involve vendor solicitations, the
project plan must include a procurement plan with anticipated
service levels and performance standards for each vendor.
Sec. 2054.305. INDEPENDENT VALIDATION AND VERIFICATION.
(a) A state agency shall budget for and incorporate an independent
validation and verification plan with the project plan required
under Section 2054.304.
(b) The department shall establish standards for:
(1) validation services provided by vendors; and
(2) validation services provided by state agencies,
including standards regarding department approval of
agency-provided validation services.
(c) If a state agency decides to perform validation services
for its own project, the agency's validation services providers
must operate independently from the agency's project delivery
teams.
(d) In addition to the plan required under Subsection (a), a
state agency shall periodically submit an independent validation
and verification report to the agency's executive director and to
the department. The department shall determine the frequency and
content of the report in its guidelines.
Sec. 2054.306. POST-IMPLEMENTATION REVIEW. After
implementation of a major information resources project, a state
agency shall prepare a post-implementation review. The agency
shall provide the review to the agency's executive director and to
the department.
Sec. 2054.307. APPROVAL BY STATE AGENCIES. A state
agency's executive director, its designated project manager, and
the agency employee in charge of information security for the
agency must approve and sign each document required by this
subchapter.
SECTION 1.07. Chapter 2054, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. STATEWIDE INFORMATION CENTERS
Sec. 2054.375. DEFINITION. In this subchapter, "statewide
information center" means a statewide information center
established or operated under this subchapter.
Sec. 2054.376. APPLICABILITY. This subchapter applies to
all information resources technologies, including consolidated
data center services and telecommunications services provided
under Chapter 2170, that are:
(1) obtained by a state agency using state money; or
(2) used by a state agency.
Sec. 2054.377. SCOPE OF OPERATION OF CENTERS. (a) The
department may operate statewide information centers to provide two
or more state agencies, on a cost-sharing basis, services relating
to:
(1) information resources and information resources
technology; and
(2) the deployment and development of statewide
applications.
(b) The department may operate a statewide information
center directly or contract with another person to operate the
center.
Sec. 2054.378. RULES. The department shall adopt rules and
guidelines to implement this subchapter and Chapter 2170.
Sec. 2054.379. FEES. The department shall set and charge a
fee to each state agency that receives a service from a statewide
information center in an amount sufficient to cover the direct and
indirect cost of providing the service.
Sec. 2054.380. STATEWIDE INFORMATION CENTERS FOR DATA OR
DISASTER RECOVERY SERVICES; USE REQUIRED. (a) The department
shall manage the operations of statewide information centers that
provide data center services or disaster recovery services for two
or more state agencies, including management of the operations of
the center on the campus of Angelo State University.
(b) The department by rule shall describe the data services
provided by statewide information centers.
(c) Each state agency shall use statewide information
centers for data center services and for disaster recovery
services.
(d) A state agency may not spend appropriated money to
contract or issue purchase orders for data center services or
disaster recovery services unless the executive director approves
the expense. The department may establish appropriate thresholds
and procedures for securing approval under this subsection.
Sec. 2054.381. TELECOMMUNICATIONS SERVICES. The
department shall manage a statewide information center to provide a
system of telecommunications services for all state agencies in
accordance with this chapter and Chapter 2170.
Sec. 2054.382. ESTABLISHMENT OF ADDITIONAL CENTERS. (a)
The department may establish additional statewide information
centers as provided by this section.
(b) The department may not establish a center under this
section unless the executive director determines in writing that
consolidating operations or services of selected state agencies
will promote efficiency and effectiveness and provide the best
value for the state.
(c) The department shall provide at least 30 days' notice to
the board of the department's intent to establish a new statewide
information center that will require entering into an interagency
contract under Section 2054.385(b).
(d) Not earlier than the 31st day after the date the board
receives the notice under Subsection (c), the board shall approve
or disapprove the establishment of the statewide information
center. The department may not establish the center unless the
board approves of the establishment.
Sec. 2054.383. USE OF STATEWIDE INFORMATION CENTERS
REQUIRED. (a) If the department becomes aware that a state agency
is not using a statewide information center for operations or
services in accordance with the interagency contract entered into
under Section 2054.385(b) and as directed by the department, the
department shall notify the comptroller, the Legislative Budget
Board, and the affected state agency of the violation.
(b) After notification under Subsection (a), the state
agency may not spend appropriated money for operations or services
the agency was selected to receive through a statewide information
center without the prior approval of the executive director.
Sec. 2054.384. NOTICE OF SELECTION. (a) After
establishment of a statewide information center has been approved
under Section 2054.382(d), the department shall provide notice to
each state agency selected to receive services through the center.
The notice must include:
(1) a copy of the determination of the executive
director under Section 2054.382(b);
(2) the state agency operations selected for
consolidation at a statewide information center;
(3) the scope of services to be provided to the agency;
and
(4) the implementation schedule for that agency.
(b) Each state agency shall identify its particular
requirements and requested service levels for the department. The
department shall fulfill the requirements and service levels of
each state agency to the extent possible and to the extent that
money is available for those purposes.
Sec. 2054.385. INTERAGENCY CONTRACT; PRIOR APPROVAL OF
EXPENDITURES. (a) A state agency that is selected under Section
2054.384 to receive services or to have operations performed
through a statewide information center may not, except as provided
by Subsection (b), spend appropriated money for the identified
operations and services without the prior approval of the
Legislative Budget Board.
(b) Unless the Legislative Budget Board grants prior
approval for the selected state agency to spend appropriated money
for the identified operations or services in another specified
manner, the selected agency shall enter into an interagency
contract with the department to receive the identified services and
have the identified operations performed through the statewide
information center. Amounts charged to the selected agency under
the interagency contract shall be based on the fees set by the
department under Section 2054.379 but may not exceed the amounts
expected to be necessary to cover the direct and indirect costs of
performing operations and providing services under the contract.
(c) Not later than the 15th business day after the date the
selected state agency is notified of its selection under Section
2054.384, the agency may request the Legislative Budget Board to
grant its prior approval for the agency to spend appropriated money
for the identified operations or services in a manner other than
through an interagency contract with the department under
Subsection (b).
(d) The request to the Legislative Budget Board must:
(1) be in writing;
(2) include a copy of the selection determination made
by the executive director; and
(3) demonstrate that the decision of the executive
director to select the agency will probably:
(A) fail to achieve meaningful cost savings for
the state; or
(B) result in an unacceptable loss of
effectiveness or operational efficiency.
(e) If the Legislative Budget Board determines that an
interagency contract between the department and the selected state
agency under Subsection (b) will fail to achieve meaningful cost
savings for the state or result in an unacceptable loss of
effectiveness or operational efficiency at the selected agency, the
Legislative Budget Board may grant its prior approval for the
selected agency to spend appropriated money for the identified
operations or services in another specified manner, in which event
the selected agency is not required to enter into an interagency
contract under Subsection (b).
(f) The Legislative Budget Board shall notify the state
agency, the executive director, and the comptroller of its
decision.
Sec. 2054.386. TRANSFER OF OWNERSHIP. (a) The department
may require a state agency that enters into an interagency contract
under Section 2054.385(b) to transfer to the department ownership,
custody, or control of resources that the department determines are
necessary to provide the operations or services, through the
statewide information center, for which the agency was selected.
These resources may include:
(1) information resources;
(2) information resources technologies;
(3) full-time equivalent positions; and
(4) any other resources determined necessary by the
department.
(b) The department shall advise the governor, the
lieutenant governor, and the speaker of the house of
representatives regarding the expected savings to be received for
each state agency from which ownership, custody, or control is
transferred under this section.
Sec. 2054.387. TRANSITION SCHEDULES. The department shall
establish transition schedules for the transfer of state agency
operations and services to statewide information centers under this
subchapter.
SECTION 1.08. Section 2157.068, Government Code, is amended
to read as follows:
Sec. 2157.068. PURCHASE OF COMMODITY [SOFTWARE] ITEMS. (a)
In this section, "commodity[:
[(1) "Commodity software] items" means commercial
software, hardware, or technology services [for personal
computers] that are [is] generally available to businesses or the
public and for which the department determines that a reasonable
demand exists in state agencies.
[(2) "Department" means the Department of Information
Resources.]
(b) The department shall negotiate with catalog information
systems vendors to attempt to obtain a favorable price for all of
state government on licenses for commodity [software] items, based
on the aggregate volume of purchases expected to be made by the
state. The terms and conditions of a license agreement between a
vendor and the department under this section may not be less
favorable to the state than the terms of similar license agreements
between the vendor and retail distributors.
(c) The department may charge a reasonable administrative
fee to a state agency, [or] political subdivision of this state, or
governmental entity of another state that purchases commodity
[software] items through the department in an amount that is
sufficient to recover costs associated with the administration of
this section.
(d) The department shall compile and maintain a list of
commodity [software] items available for purchase through the
department that have a lower price than the prices for commodity
[software] items otherwise available to state agencies under this
chapter. The department shall make the list available on the world
wide web or on a suitable successor to the world wide web if the
technological developments involving the Internet make it
advisable to do so.
(e) The department may adopt rules regulating a purchase by
a state agency of a commodity [software] item under this section,
including a requirement that, notwithstanding other provisions of
this chapter, the agency must make the purchase in accordance with a
contract developed by the department unless the agency obtains a
waiver from the department.
(f) The department shall, in cooperation with state
agencies, establish guidelines for the classification of commodity
items under this section. The department may determine when a
statewide vendor solicitation for a commodity item will reduce
purchase prices for a state agency.
SECTION 1.09. Section 2170.051, Government Code, is amended
to read as follows:
Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
department shall manage the operation of a system of
telecommunications services for all state agencies. [Each agency
shall identify its particular requirements for telecommunications
services and the site at which the services are to be provided.]
(b) The consolidated telecommunications system is a
statewide information center service provided under this chapter
and Subchapter L, Chapter 2054 [department shall fulfill the
telecommunications requirements of each state agency to the extent
possible and to the extent that money is appropriated or available
for that purpose].
(c) A state agency shall use the consolidated
telecommunications system to the fullest extent possible. [A state
agency may not acquire telecommunications services unless the
telecommunications planning and oversight council determines that
the agency's requirement for telecommunications services cannot be
met at a comparable cost by the consolidated telecommunications
system.]
(d) A state agency may not spend appropriated money to
contract or issue purchase orders for telecommunications services
unless the executive director of the department approves the
expense. The department may establish appropriate thresholds and
procedures for securing approval under this subsection [enter into
or renew a contract with a carrier or other provider of
telecommunications services without obtaining a waiver from the
telecommunications planning and oversight council certifying that
the requested telecommunications services cannot be provided at a
comparable cost on the consolidated telecommunications system. The
telecommunications planning and oversight council shall evaluate
requests for waivers based on cost-effectiveness to the state
government as a whole. A waiver may be granted only for a specific
period and will automatically expire on the stated expiration date
unless an extension is approved by the telecommunications planning
and oversight council. A contract for telecommunications services
obtained under waiver may not extend beyond the expiration date of
the waiver. If the telecommunications planning and oversight
council becomes aware of any state agency receiving
telecommunications services without a waiver, the
telecommunications planning and oversight council shall notify the
agency and the comptroller. The state agency shall have 60 days
after notification by the telecommunications planning and
oversight council in which to submit a waiver request to the
telecommunications planning and oversight council documenting the
agency's reasons for bypassing the consolidated telecommunications
system and otherwise providing all information required by the
waiver application form].
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 2157.001, Government Code, is amended
to read as follows:
Sec. 2157.001. DEFINITIONS. In this chapter:
(1) "Automated information system" includes:
(A) the computers and computer devices on which
an information system is automated, including computers and
computer devices that the commission identifies in guidelines
developed by the commission in consultation with the department
[Department of Information Resources] and in accordance with
Chapter 2054 and rules adopted under that chapter;
(B) a service related to the automation of an
information system, including computer software or computers;
(C) a telecommunications apparatus or device
that serves as a component of a voice, data, or video communications
network for transmitting, switching, routing, multiplexing,
modulating, amplifying, or receiving signals on the network, and
services related to telecommunications that are not covered under
Paragraph (D); and
(D) for the department [Department of
Information Resources], as telecommunications provider for the
state, the term includes any service provided by a
telecommunications provider, as that term is defined by Section
51.002, Utilities Code.
(2) "Department" means the Department of Information
Resources.
SECTION 2.02. Section 2157.003, Government Code, is amended
to read as follows:
Sec. 2157.003. DETERMINING BEST VALUE FOR PURCHASES OF
AUTOMATED INFORMATION SYSTEMS. "Best value" for purposes of this
chapter means the lowest overall cost of an automated information
system. In determining the lowest overall cost for a purchase or
lease of an automated information system under this chapter, the
commission or a state agency shall consider factors including:
(1) the purchase price;
(2) the compatibility to facilitate the exchange of
existing data;
(3) the capacity for expanding and upgrading to more
advanced levels of technology;
(4) quantitative reliability factors;
(5) the level of training required to bring persons
using the system to a stated level of proficiency;
(6) the technical support requirements for the
maintenance of data across a network platform and the management of
the network's hardware and software;
(7) the compliance with applicable department
[Department of Information Resources] statewide standards
validated by criteria adopted by the department by rule; and
(8) applicable factors listed in Sections 2155.074 and
2155.075.
SECTION 2.03. Section 2157.005(a), Government Code, is
amended to read as follows:
(a) The commission and the department [Department of
Information Resources], in consultation with other state agencies
and after public comment, shall develop a technology access clause
to be included in all contracts entered into by the state or state
agencies that involve the acquisition of an automated information
system.
SECTION 2.04. Section 2157.063(b), Government Code, is
amended to read as follows:
(b) In determining which goods or services are in the
state's best interest, the agency shall consider:
(1) the installation and hardware costs;
(2) the overall life-cycle cost of the system or
equipment;
(3) the estimated cost of employee training and
estimated increase in employee productivity;
(4) the estimated software and maintenance costs; and
(5) the rules that prescribe applicable statewide
standards adopted by the department [Department of Information
Resources].
SECTION 2.05. Sections 2157.121(b) and (c), Government
Code, are amended to read as follows:
(b) A state agency, other than the department [Department of
Information Resources], shall send its proposal specifications and
criteria to the commission for approval or request the commission
to develop the proposal specifications and criteria.
(c) The department [Department of Information Resources]
may acquire a telecommunications device, system, or service or an
automated information system by using competitive sealed proposals
without regard to whether the commission makes the determination
required under Subsection (a) for other state agencies.
SECTION 2.06. Section 2157.181(a), Government Code, is
amended to read as follows:
(a) The commission, with the concurrence of the department
[Department of Information Resources], may negotiate with vendors
preapproved terms and conditions to be included in contracts
relating to the purchase or lease of a telecommunication device,
system, or service or an automated information system awarded to a
vendor by a state agency.
SECTION 2.07. Section 2157.182, Government Code, is amended
to read as follows:
Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND
CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions
to which a vendor, the commission, and the department [Department
of Information Resources] agree are valid for two years after the
date of the agreement and must provide that the terms and conditions
are to be renegotiated before the end of the two years.
(b) The commission and the department [Department of
Information Resources] jointly shall establish procedures to
ensure that terms and conditions are renegotiated before they
expire in a contract between the vendor and a state agency.
SECTION 2.08. Section 2157.184, Government Code, is amended
to read as follows:
Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND VENDORS.
The commission and the department [Department of Information
Resources] jointly shall establish procedures to notify state
agencies and potential vendors of the provisions of this subchapter
regarding preapproved terms and conditions.
ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 3.01. Sections 2054.201(c) and 2055.061,
Government Code, are repealed.
SECTION 3.02. (a) The Department of Information Resources
shall conduct a statewide assessment of information technology
security resources and practices of state agencies.
(b) Not later than December 31, 2005, the department shall
report the results of its assessment to the governor, the
lieutenant governor, and the speaker of the house of
representatives.
(c) The assessment and report prepared under this section
are confidential. Chapter 552, Government Code, does not apply to
the assessment or the report.
SECTION 3.03. (a) The Department of Information Resources,
in coordination with the Legislative Budget Board, the Texas
Building and Procurement Commission, and the comptroller, shall
analyze current automated information systems of state agencies to
determine how the systems may be combined to more effectively
synchronize strategic planning, budgeting, and reporting of
technology expenditures, assets, and projects.
(b) Not later than December 31, 2005, the department shall
report the results of its analysis to the governor, the lieutenant
governor, and the speaker of the house of representatives.
SECTION 3.04. The changes in law made by this Act apply only
to a contract for which the initial notice soliciting bids or
proposals is given on or after the effective date of this Act. A
contract for which the initial notice soliciting bids or proposals
is given before that date is governed by the law in effect when the
initial notice is given, and the former law is continued in effect
for that purpose.
SECTION 3.05. This Act takes effect September 1, 2005.