79R13137 MXM-F
By: Baxter H.B. No. 2593
Substitute the following for H.B. No. 2593:
By: Otto C.S.H.B. No. 2593
A BILL TO BE ENTITLED
AN ACT
relating to the TexasOnline project, the TexasOnline Authority, and
related powers and fees.
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. Sections 2054.252(a) and (e), Government Code,
are amended to read as follows:
(a) The authority shall implement a project designated
"TexasOnline" that establishes a common electronic infrastructure
through which state agencies and local governments, including
licensing entities, may by any method [electronically]:
(1) send and receive documents or required payments to
and from:
(A) members of the public;
(B) persons who are regulated by the agencies or
local governments; and
(C) the agencies and local governments;
(2) receive applications for original and renewal
licenses and permits, including occupational licenses, complaints
about occupational license holders, and other documents for filing
from members of the public and persons who are regulated by a state
agency or local government that, when secure access is necessary,
can be electronically validated by the agency, local government,
member of the public, or regulated person;
(3) send original and renewal occupational licenses to
persons regulated by licensing entities;
(4) send profiles of occupational license holders to
persons regulated by licensing entities and to the public;
(5) store information; and
(6) provide and receive any other service to and from
the agencies and local governments or the public.
(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 4. 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 5. 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 6. Subchapter I, Chapter 2054, Government Code, is
amended by adding Section 2054.2591 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 and provide a reasonable rate of
return to the authority.
(b) the authority shall charge a state agency or local
government a fee for all services provided to that entity.
(c) 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.
SECTION 7. 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 8. Subchapter I, Chapter 2054, Government Code, is
amended by adding Section 2054.273 to read as follows:
Sec. 2054.273. COLLECTION AND FORWARDING OF FEES. (a) A
state agency or a vendor, as determined by the authority, shall
collect all fees charged to use the project. If a state agency
collects the fees charged to use the project, the state agency shall
forward the fees to the vendor, if the state has contracted with a
vendor under Section 2054.252(d). If the state has not contracted
with a vendor, the state agency shall forward to the state an amount
equal to the state's share of the fees. If a vendor collects or
receives the fees charged for use of the project, it shall forward
to the state an amount equal to the state's share of the fees as
provided by the vendor's contract with the department.
(b) A person that pays a fee for using the project may
recover the fee in the ordinary course of business.
SECTION 9. 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 10. The following laws are repealed:
(1) Sections 2054.251(2), 2054.264, and 2054.2645,
Government Code; and
(2) Section 7, Chapter 342, Acts of the 77th
Legislature, Regular Session, 2001.
SECTION 11. 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.