79R14683 MXM-F
By: Swinford, Campbell, Pitts H.B. No. 2698
Substitute the following for H.B. No. 2698:
By: Cook of Navarro C.S.H.B. No. 2698
A BILL TO BE ENTITLED
AN ACT
relating to the Department of Information Resources' management of
state technology centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE TECHNOLOGY CENTERS
SECTION 1.01. Chapter 2054, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. STATEWIDE TECHNOLOGY CENTERS
Sec. 2054.375. DEFINITIONS. In this subchapter, "statewide
technology center" means a statewide technology center established
or operated under this subchapter.
Sec. 2054.376. APPLICABILITY. This subchapter applies to
all information resources technologies that are:
(1) obtained by a state agency using state money; or
(2) used by a state agency.
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. 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 2054.385 in relation to services provided
under this section.
Sec. 2054.382. 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. 2054.383. 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. 2054.384. NOTICE OF SELECTION. After completion of
the cost and requirements analysis for each state agency under
Section 2054.383, 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. 2054.385. 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 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
2054.384, 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 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. 2054.386. 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. 2054.387. 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 2054.385 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 2054.384. 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. 2054.388. 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. 2054.389. 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. 2054.390. 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 2054.385 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.
ARTICLE 2. CONFORMING AMENDMENT
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.
ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 3.01. Section 2055.061, Government Code, is
repealed.
SECTION 3.02. (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 timeline for the
transfer of ownership of resources to the department in accordance
with Subchapter L.
(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 2054.389,
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; and
(6) each member of the Legislative Budget Board.
SECTION 3.03. This Act takes effect September 1, 2005.