By: Uresti (Senate Sponsor - Ellis) H.B. No. 2048
(In the Senate - Received from the House May 10, 2005;
May 12, 2005, read first time and referred to Committee on
Government Organization; May 18, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7, Nays
0; May 18, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2048 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to certain online services and transactions involving
state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.111(e), Government Code, is amended
to read as follows:
(e) A state agency or local government that uses the project
may charge a fee under Subchapter I if:
(1) the fee is necessary to recover the actual costs
directly and reasonably incurred by the agency or local government
because of the project for:
(A) the use of electronic payment methods; or
(B) interfacing with other information
technology systems;
(2) the fee does not include an amount to recover state
agency or local government employee costs;
(3) the state agency or local government approves the
amount of the fee using the state agency's or local government's
standard approval process for fee increases;
(4) the chief financial officer for the state agency
or local government certifies that the amount of the fee is
necessary to recover the actual costs incurred because of the
project; and
(5) the authority approves the amount of the fee.
SECTION 2. Section 2054.1115(b), Government Code, is
amended to read as follows:
(b) The state agency or local government may charge a
reasonable fee, as provided by Section 2054.111 or Subchapter I, to
recover costs incurred through electronic payment methods used
under this section.
SECTION 3. Section 2054.113(c), Government Code, is amended
to read as follows:
(c) Before a state agency may contract with a third party
for Internet application development that duplicates a TexasOnline
function, the state agency must notify the TexasOnline Authority
and the department of its intent to bid for such services at the
same time that others have the opportunity to bid. The department
[program management office] may exempt a state agency from this
section if it determines the agency has fully complied with Section
2054.111.
SECTION 4. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.129 to read as follows:
Sec. 2054.129. ADVERTISING ONLINE OPTIONS. Each state
agency shall advertise the options for completing transactions with
that agency online.
SECTION 5. Section 2054.251 is amended to read as follows:
Sec. 2054.251. DEFINITIONS. In this subchapter:
(1) "Authority" means the [TexasOnline Authority]
Department of Information Resources.
(2) "Division" means the TexasOnline division created
by the department under Section 2054.264.
(3) "Licensing entity" means a department,
commission, board, office, or other agency of the state or a
political subdivision of the state that issues an occupational
license.
(4) "Local government" means a county, municipality,
special district, school district, junior college district, or
other political subdivision of the state.
(5) "Occupational license" means a license,
certificate, registration, permit, or other form of authorization,
including a renewal of the authorization, that:
(A) a person must obtain to practice or engage in
a particular business, occupation, or profession; or
(B) a facility must obtain before a particular
business, occupation, or profession is practiced or engaged in
within the facility.
(6) "Project" means the project implemented under
Section 2054.252.
(7) All references in the statute to TexasOnline
Authority mean the Department of Information Resources.
SECTION 6. Section 2054.252 (e), Government Code, is
amended to read as follows:
(e) The authority shall charge fees to licensing entities as
provided by this subchapter in amounts sufficient to cover the cost
of implementing this section with respect to licensing entities.
The authority shall charge a subscription fee to be paid by each
licensing entity. The authority may not charge the subscription
fee until the service for which the fee is charged is available on
the Internet. If the authority determines that the transaction
costs exceed the maximum increase in occupational license issuance
or renewal fees allowed under Subsection (g), the authority may
also charge a reasonable convenience fee to be recovered from a
license holder who uses the project for online issuance or renewal
of a license.
SECTION 7. Section 2054.258, Government Code, is amended to
read as follows:
Sec. 2054.258. TRAINING FOR AUTHORITY MEMBERS. Not later
than six months after the date on which an authority member is
appointed, the member must complete training on the following:
(1) the legislation that created the authority[, the
division,] and the project;
(2) the department rules that relate to the authority
and the project;
(3) the programs operated by the authority [and
division];
(4) the role and functions of the authority [and
division];
(5) the current budget for the authority [and
division];
(6) the results of the most recent formal audit of the
authority;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
authority or the Texas Ethics Commission.
SECTION 8. Section 2054.259, Government Code, is amended to
read as follows:
Sec. 2054.259. GENERAL POWERS AND DUTIES OF TEXASONLINE
AUTHORITY. The authority shall:
(1) develop policies related to operation of the
project;
(2) approve or disapprove services to be provided by
the project;
(3) operate and promote the project;
(4) oversee contract performance for the project;
(5) comply with department financial requirements;
(6) oversee money generated for the operation and
expansion of the project;
(7) develop project pricing policies, including
policies regarding any fees that a state agency, including the
authority, or a local government may charge for a transaction that
uses the project;
(8) evaluate participation in the project to determine
if performance efficiencies or other benefits and opportunities are
gained through project implementation;
[(9) advise the department about the project;] and
(10) coordinate with the department to receive
periodic security audits of the operational facilities of the
project.
SECTION 9. Subchapter I, Chapter 2054, Government Code, is
amended by adding Sections 2054.2591 and 2054.2595 to read as
follows:
Sec. 2054.2591. FEES. (a) The authority shall set fees
that a state agency, including the authority, or a local government
may charge for a transaction that uses the project. The authority
shall set fees at amounts sufficient to recover the direct and
indirect costs of the project.
(b) A fee set by the authority for using the project is in
addition to any other statutory fees. The revenue collected from
the fees must be used to support the project, including the recovery
of project costs.
(c) No fee may be charged to a person authorized to file
electronically under Section 195.003, Local Government Code, for
filing, recording, access to or electronic copies of a real
property record subject to the provisions of Chapter 195, Local
Government Code, except as provided in Sections 195.006 or 195.007,
Local Government Code.
Sec. 2054.2595. FEE EXEMPTIONS. The authority may not
charge the State Board of Barber Examiners or the Texas Cosmetology
Commission a fee to use the project for the issuance or renewal of
an occupational license.
SECTION 10. Section 2054.260, Government Code, is amended
to read as follows:
2054.260. REPORTING REQUIREMENTS: AUTHORITY. (a) Not
later than September 1 of each even-numbered year, the authority
shall report on the status, progress, benefits, and efficiency
gains of the project. The authority shall provide the report to:
(1) the presiding officer of each house of the
legislature;
(2) the chair of each committee in the legislature
that has primary jurisdiction over the department;
(3) the governor; and
(4) each state agency or local government
participating in the project.
(b) Not later than September 1 of each even-numbered year
[As required by the department], the authority shall report on [to
the department regarding] financial matters, including project
costs and revenues. In addition, the
[(c) The] authority shall report [to the department] on any
significant issues regarding contract performance on the project.
The authority shall report on additional financial or contract
performance matters as required by the department. The authority
shall provide the report to:
(1) the department;
(2) the presiding officer of each house of the
legislature; and
(3) the chair of each committee in the legislature
that has primary jurisdiction over the department.
SECTION 11. Section 2054.265, Government Code, is amended
to read as follows:
Sec. 2054.265. SEPARATION OF RESPONSIBILITIES. The
authority shall develop and implement policies that clearly
separate the policymaking responsibilities of the authority and the
management responsibilities of the department [division].
SECTION 12. Subchapter I, Chapter 2054, Government Code, is
amended by addition Section 2054.272 to read as follows:
Sec. 2054.272. INDEPENDENT ANNUAL AUDIT. (a) Not later
than August 1 of each year, the vendor operating the TexasOnline
Portal shall have an audit of the vendor's finances associated with
management and operation of the TexasOnline Portal performed by an
independent certified public accountant selected by the state, paid
by the portal vendor.
(b) Not later than August 15 of each year, the authority
shall provide a copy of the audit report to:
(1) the presiding officer of each house of the
legislature and
(2) the chair of each committee in the legislature
that has primary jurisdiction over the department.
(c) The authority shall keep a copy of the audit report and
make the audit report available for inspection by any interested
person during regular business hours.
SECTION 13. Subchapter I, Chapter 2054, Government Code, is
amended by adding Section 2054.273 to read as follows:
Sec. 2054.273. RECOVERY OF FEES. A person that pays a fee
for using the project may recover the fee in the ordinary course of
business.
SECTION 14. Subchapter E, Chapter 548, Transportation Code,
is amended by adding Section 548.258 to read as follows:
Sec. 548.258. USE OF TEXASONLINE. (a) In this section,
"TexasOnline" has the meaning assigned by Section 2054.003,
Government Code.
(b) The department may adopt rules to require an inspection
station to use TexasOnline to:
(1) purchase inspection certificates; or
(2) send to the department a record, report, or other
information required by the department.
SECTION 15. (a) Section 531.0312, Government Code, is
amended by adding Subsection (e) to read as follows:
(e) Each local workforce development board, the Texas Head
Start State Collaboration Office, and each school district shall
provide the Texas Information and Referral Network with information
regarding eligibility for and availability of child-care and
education services for inclusion in the statewide information and
referral network. The local workforce development boards, Texas
Head Start State Collaboration Office, and school districts shall
provide the information in a form determined by the executive
commissioner. In this subsection, "child-care and education
services" has the meaning assigned by Section 531.03131.
(b) Subchapter B, Chapter 531, Government Code, is amended
by adding Section 531.03131 to read as follows:
Sec. 531.03131. ELECTRONIC ACCESS TO CHILD-CARE AND
EDUCATION SERVICES REFERRAL INFORMATION. (a) In this section,
"child-care and education services" means:
(1) subsidized child-care services administered by
the Texas Workforce Commission and local workforce development
boards and funded wholly or partly by federal child-care
development funds;
(2) child-care and education services provided by a
Head Start or Early Head Start program provider;
(3) child-care and education services provided by a
school district through a prekindergarten or after-school program;
and
(4) any other government-funded child-care and
education services, other than education and services provided by a
school district as part of the general program of public and
secondary education, designed to educate or provide care for
children under the age of 13 in middle- or low-income families.
(b) In addition to providing health and human services
information, the Texas Information and Referral Network Internet
site established under Section 531.0313 shall provide information
to the public regarding child-care and education services provided
by public or private entities throughout the state. The Internet
site will serve as a single point of access through which a person
may be directed on how or where to apply for all child-care and
education services available in the person's community.
(c) The Internet site must:
(1) be geographically indexed and designed to inform
an individual about the child-care and education services provided
in the area where the person lives;
(2) contain prescreening questions to determine a
person's or family's probable eligibility for child-care and
education services; and
(3) be designed in a manner that allows staff of the
Texas Information and Referral Network to:
(A) provide an applicant with the telephone
number, physical address, and electronic mail address of the
nearest Head Start or Early Head Start office or center and local
workforce development center and the appropriate school district;
and
(B) send an electronic mail message to each
appropriate entity described by Paragraph (A) containing the name
of and contact information for each applicant and a description of
the services the applicant is applying for.
(d) On receipt of an electronic mail message from the Texas
Information and Referral Network under Subsection (c)(3)(B), each
entity shall contact the applicant to verify information regarding
the applicant's eligibility for available child-care and education
services and, on certifying eligibility, shall match the applicant
with entities providing those services in the applicant's
community, including local workforce development boards, local
child-care providers, or a Head Start or Early Head Start program
provider.
(e) The child-care resource and referral network under
Chapter 310, Labor Code, and each entity providing child-care and
education services in this state, including local workforce
development boards, the Texas Education Agency, school districts,
Head Start and Early Head Start program providers, municipalities,
counties, and other political subdivisions of this state, shall
cooperate with the Texas Information and Referral Network as
necessary in the administration of this section.
(f) Not later than the last day of the month following each
calendar quarter, the commission shall file with the legislature a
report regarding the use of the Internet site in the provision and
delivery of child-care and education services during the reporting
period. The report must include:
(1) the number of referrals made to Head Start or Early
Head Start offices or centers;
(2) the number of referrals made to local workforce
development centers; and
(3) the number of referrals made to each school
district.
(c) If before implementing any provision of this section a
state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 16. The following laws are repealed:
(1) Sections 2054.251(2), 2054.253, 2054.254,
2054.255, 2054.256, 25054.257, 2054.258, 2054.264, 2054.2645, and
2054.265 Government Code; and
(2) Section 7, Chapter 342, Acts of the 77th
Legislature, Regular Session, 2001.
SECTION 17. The amendments made by this Act to Section
2054.113(c), Government Code, apply only to a bid made on or after
the effective date of this Act. A bid that is made before that date
is governed by the law in effect when the bid was made, and the
former law is continued in effect for that purpose.
SECTION 18. In the event of a conflict between a provision
of this section and another Act passed by the 79th Legislature,
Regular Session, 2005, that becomes law, this section prevails and
controls regardless of the relative dates of enactment.
SECTION 19. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.
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