By: Isett, Swinford (Senate Sponsor - Duncan) H.B. No. 1516
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Government Organization; May 20, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 0; May 20, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1516 By: Eltife
A BILL TO BE ENTITLED
AN ACT
relating to the Department of Information Resources' management of
state electronic services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE ELECTRONIC 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. (a) The department may include terms in a procurement
contract entered into by the department, including a contract
entered into under Section 2157.068, that allow the contract to be
used by another state agency, a political subdivision of this
state, or a governmental entity of another state.
(b) A political subdivision that purchases an item or
service using a contract under this section satisfies any other law
requiring the political subdivision to seek competitive bids for
that item or service.
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, other than an institution of higher
education, 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 ITEMS. (a) In this section:
(1) "Commodity items" has the meaning assigned by
Section 2157.068.
(2) "State agency" does not include an institution of
higher education.
(b) A state agency must provide a planned procurement
schedule for commodity items to the department before the agency's
operating plan may be approved under Section 2054.102.
(c) The department shall use information contained in the
schedules to plan future vendor solicitations of commodity items.
(d) A state agency shall notify the department, the
Legislative Budget Board, and the state auditor's office if the
agency makes a substantive change to a planned procurement schedule
for commodity items.
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, in consultation with the Legislative
Budget Board and state auditor's office, 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,
Legislative Budget Board, and state auditor's office when 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 and the
Texas Building and Procurement Commission 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) Unless the project plan has been filed under this
section:
(1) the Texas Building and Procurement Commission may
not issue a vendor solicitation for the project; and
(2) the agency may not post a vendor solicitation for
the project in the state business daily under Section 2155.083.
Sec. 2054.305. PROCUREMENT PLAN AND METHOD FOR MONITORING
CONTRACTS. Before issuing a vendor solicitation for a project, the
state agency must develop, consistent with department guidelines:
(1) a procurement plan with anticipated service levels
and performance standards for each vendor; and
(2) a method to monitor changes to the scope of each
contract.
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, the
department, and the state auditor's office.
Sec. 2054.307. APPROVAL OF DOCUMENTS AND CONTRACT CHANGES.
(a) A state agency's executive director, information resources
manager, designated project manager, and the agency employee in
charge of information security for the agency must approve and
sign:
(1) each document required by this subchapter; and
(2) if the department requires the approval and
signatures, any other document related to this subchapter.
(b) The state agency's executive director must approve a
proposed contract amendment or change order for a major information
resources project if the amendment or change order:
(1) changes the monetary value of the contract by more
than 10 percent; or
(2) significantly changes the completion date of the
contract.
SECTION 1.07. Chapter 2054, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. STATEWIDE TECHNOLOGY CENTERS
Sec. 2054.375. DEFINITION. In this subchapter, "statewide
technology center" means a statewide technology center established
or operated under this subchapter.
Sec. 2054.376. APPLICABILITY. (a) This subchapter
applies to all information resources technologies, other than
telecommunications services, that are:
(1) obtained by a state agency using state money; or
(2) used by a state agency.
(b) This subchapter does not apply to:
(1)The Department of Public Safety's use for criminal
justice or homeland security purposes of a federal database or
network;
(2) A Texas equivalent of a database or network
described by Subdivision (1) that is managed by the Department of
Public Safety;
(3) the uniform statewide accounting system, as that
term is used in Subchapter C, Chapter 2101;
(4) the state treasury cash and treasury management
system; or
(5) a database or network managed by the comptroller
to:
(A) collect and process multiple types of taxes
imposed by the state, or
(B) manage or administer fiscal, financial,
revenue and expenditure activities of the state under Chapter 403
and Chapter 404.
Sec. 2054.377. INSTITUTIONS OF HIGHER EDUCATION. The
department may not establish or expand a statewide technology
center that includes participation by an institution of higher
education unless the Information Technology Council for Higher
Education agrees to the establishment or expansion.
Sec. 2054.378. SCOPE OF OPERATION OF CENTERS. (a) The
department may operate statewide technology 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 technology
center directly or contract with another person to operate the
center.
Sec. 2054.379. RULES. The department shall adopt rules and
guidelines to implement this subchapter.
Sec. 2054.380. FEES. The department shall set and charge a
fee to each state agency that receives a service from a statewide
technology center in an amount sufficient to cover the direct and
indirect cost of providing the service.
Sec. 2054.381. CONTRACTING; HISTORICALLY UNDERUTILIZED
BUSINESSES. (a) In any procurement related to the establishment
of a statewide technology center, the department shall maximize
vendor competition and, to the extent feasible and cost-effective,
interoperability.
(b) In contracting under this subchapter, the department
shall follow the requirements of Chapter 2161 and related rules
regarding historically underutilized businesses.
(c) The department shall provide to all qualified
businesses the opportunity to compete for department contracts
under this subchapter.
Sec. 2054.382. STATEWIDE TECHNOLOGY CENTERS FOR DATA OR
DISASTER RECOVERY SERVICES; USE REQUIRED. (a) The department
shall manage the operations of statewide technology 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 technology centers.
(c) A state agency may not spend appropriated money to
contract or issue purchase orders for data center services or
disaster recovery services, including maintenance of those
services, unless the executive director approves the expense. The
department may establish appropriate thresholds and procedures for
securing approval under this subsection.
(d) The Legislative Budget Board may not grant prior
approval under Section 2054.386 in relation to services provided
under this section.
Sec. 2054.383. ESTABLISHMENT OF ADDITIONAL STATEWIDE
TECHNOLOGY CENTERS. (a) The department may establish additional
statewide technology centers as provided by this section.
(b) The department may not establish a center under this
section unless:
(1) the governor approves the establishment;
(2) the Legislative Budget Board approves the
expenditures necessary for the establishment; and
(3) 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) In the written determination under Subsection (b)(3),
the executive director shall identify the selected state agencies
that will be required to participate in the new center.
Sec. 2054.384. COST AND REQUIREMENTS ANALYSIS. (a) The
department shall conduct a cost and requirements analysis for each
state agency that the department intends to select for
participation in a statewide technology center.
(b) A selected state agency shall identify its particular
requirements, operations costs, and requested service levels for
the department. The department may require a state agency to
validate or resubmit data related to these factors. The department
shall fulfill the requirements and service levels of each state
agency to the extent possible.
Sec. 2054.385. NOTICE OF SELECTION. After completion of
the cost and requirements analysis for each state agency under
Section 2054.384, the department shall provide notice to each state
agency selected to receive services or operations through the
statewide technology center. The notice must include:
(1) the state agency operations selected for
consolidation at a statewide technology center;
(2) the scope of services to be provided to the agency;
(3) a schedule of anticipated costs for the agency;
and
(4) the implementation schedule for that agency.
Sec. 2054.386. INTERAGENCY CONTRACT; PRIOR APPROVAL OF
EXPENDITURES. (a) A state agency that is selected under Section
2054.385 to receive services or to have operations performed
through a statewide technology 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
technology center. Amounts charged to the selected agency under
the interagency contract must be based on the fees set by the
department under Section 2054.380 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.
Before executing an interagency contract or alternatively
receiving prior approval from the Legislative Budget Board under
this section, the state agency may only spend appropriated money
for the selected service or operation if the executive director
approves the expense.
(c) Not later than the 30th business day after the date the
selected state agency is notified of its selection under Section
2054.385, 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 notice 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. 2054.387. INTERAGENCY CONTRACT; COMPLIANCE WITH
SERVICE LEVELS. The department shall ensure compliance with
service levels agreed to in an interagency contract executed under
this subchapter.
Sec. 2054.388. TRANSFER OF OWNERSHIP. (a) The
department, subject to the governor's approval, may require a state
agency that enters into an interagency contract under Section
2054.386 to transfer to the department ownership, custody, or
control of resources that the department, in consultation with the
agency, determines are used to support the operations or services
selected under Section 2054.385. 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 to support the selected operations or services.
(b) The department shall advise the governor, lieutenant
governor, speaker of the house of representatives, Legislative
Budget Board, and state auditor's office regarding the expected
savings to be received for each state agency from which ownership,
custody, or control is transferred under this section.
(c) The department and the state agency shall work to
reconcile any federal funding issues that arise out of a transfer
under this section. The department, subject to the governor's
approval, shall exclude applicable resources from the transfer if
the federal funding issues cannot be reconciled.
(d) Chapter 2175 does not apply to information resources or
information resources technologies transferred under this section.
Sec. 2054.389. TRANSITION SCHEDULES. The department shall
establish transition schedules for the transfer of state agency
operations and services to statewide technology centers under this
subchapter.
Sec. 2054.390. MIGRATION OF SERVICES. (a) The department
shall prioritize the migration of services to the statewide
technology center system established under this subchapter based on
the size of the current technology center operational environment
at a state agency, with the largest 25 technology center
environments ranking highest in priority.
(b) Unless the executive director determines that a
migration under this section is not cost-effective, the department
shall ensure the migration of at least three technology center
environments to the statewide technology center system each fiscal
year. This subsection expires September 1, 2013.
(c) A state agency shall comply with the department's
request to migrate under this section.
(d) Any consolidation plan adopted by the department to
execute this section must prioritize and fully use the existing
capacity of the State Data Center located on the campus of Angelo
State University.
Sec. 2054.391. USE OF STATEWIDE TECHNOLOGY CENTERS
REQUIRED. (a) A state agency may not transfer services from a
statewide technology center unless the executive director and the
governor approve the transfer.
(b) If the department becomes aware that a state agency is
not using a statewide technology center for operations or services
in accordance with the interagency contract entered into under
Section 2054.386 and as directed by the department, the department
shall notify the comptroller, the Legislative Budget Board, the
state auditor's office, and the affected state agency of the
violation.
(c) After notification under Subsection (b), the state
agency may not spend appropriated money for operations or services
the agency was selected to receive through a statewide technology
center without the prior approval of the executive director.
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, other than
telecommunications 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 two or
more state agencies. The term includes seat management, through
which a state agency transfers its personal computer equipment and
service responsibilities to a private vendor to manage the personal
computing needs for each desktop in the state agency, including all
necessary hardware, software, and support services.
[(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) In contracting for commodity items under this section,
the department shall make good faith efforts to provide contracting
opportunities for, and to increase contract awards to, historically
underutilized businesses.
(d) 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.
(e) [(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.
(f) [(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:
(1) an exemption [a waiver] from the department; or
(2) express prior approval from the Legislative Budget
Board for the expenditure necessary for the purchase.
(g) The Legislative Budget Board's approval of a biennial
operating plan under Section 2054.102 is not an express prior
approval for purposes of Subsection (f)(2). A state agency must
request an exemption from the department under Subsection (f)(1)
before seeking prior approval from the Legislative Budget Board
under Subsection (f)(2).
(h) 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 2170.003, Government Code, is amended
to read as follows:
Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
(a) The department may own, lease, or lease-purchase in accordance
with Chapters 2155, 2156, 2157, and 2158 any or all of the
facilities or equipment necessary to provide telecommunications
services. The department may acquire telecommunications services
without competitive bid from the Lonestar Education and Research
Network (LEARN) or its successors for the purposes established in
Subsection (b).
(b) During an emergency, a single node failure or a
systemwide failure of the consolidated telecommunications system,
the department may divert telecommunications services traffic to
the Lonestar Education and Research Network to avoid service
interruption. Upon resolution of the emergency and upon
determination that the consolidated telecommunications system is
operational, traffic will be diverted back to the consolidated
telecommunications system. The department may also use the
Lonestar Education and Research Network for the purposes of latency
tolerant data transfer of files to or from a consolidated state data
center established and operated by the department. The Lonestar
Education and Research Network shall be exclusively used by the
department only for the purposes set out in this section.
SECTION 1.10. Subsections (c) and (d), Section 2170.051,
Government Code, are amended to read as follows:
(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
department's executive director [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 enter into or renew a contract
with a carrier or other provider of telecommunications services
without obtaining a waiver from the department's executive director
[telecommunications planning and oversight council] certifying
that the requested telecommunications services cannot be provided
at a comparable cost on the consolidated telecommunications system.
The executive director [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 executive
director [telecommunications planning and oversight council]
becomes aware of any state agency receiving telecommunications
services without a waiver, the executive director
[telecommunications planning and oversight council] shall notify
the agency and the comptroller. The state agency shall have 60 days
after notification by the executive director [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 2054.003, Government Code, is amended
by adding Subdivision (8-a) to read as follows:
(8-a) "Institution of higher education" has the
meaning assigned by Section 61.003, Education Code.
SECTION 2.02. 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 2.03. 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 2.04. Subsection (a), Section 2157.005, 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 2.05. Subsection (b), Section 2157.063, 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 2.06. Subsections (b) and (c), Section 2157.121,
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 2.07. Subsection (a), Section 2157.181, 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 2.08. 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 2.09. 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. Subsection (c), Section 2054.201, and Section
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, the speaker of the house of representatives,
and the state auditor's office.
(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, the speaker of the house of representatives, and the
state auditor's office.
SECTION 3.04. (a) In this section:
(1) "Department" means the Department of Information
Resources.
(2) "State agency" has the meaning assigned by Section
2054.003, Government Code, except that the term does not include an
institution of higher education as defined by Section 61.003,
Education Code.
(b) Not later than March 31, 2006, each state agency shall
enter into an interagency contract with the department for services
that the agency is required to obtain through a statewide
technology center under Subchapter L, Chapter 2054, Government
Code, as added by this Act, that establishes a time line for the
transfer of ownership of resources to the department in accordance
with Subchapter L, Chapter 2054, Government Code.
(c) Not later than August 31 of 2006 and 2007, the
department shall report on the status of the statewide technology
center system migration and consolidation under Section 2054.390,
Government Code, as added by this Act, describing reviews and
transfers during the fiscal year, and an update on the status of any
contracts relating to the statewide technology centers. The
department shall file the report with:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the chairs of the house and senate committees with
primary oversight over the department;
(5) the chairs of the senate finance and the house of
representatives appropriations committees;
(6) the state auditor's office; and
(7) each member of the Legislative Budget Board.
SECTION 3.05. The changes in law made by this Act with
regard to contracts 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 3.06. This Act takes effect September
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