By:  Swinford                                                     H.B. No. 2699



A BILL TO BE ENTITLED

AN ACT

relating to the Department of Information Resources.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2170.001(a)(2), Government Code, is 
amended to read as follows:
	Section 2170.001(a)(2).  "Telecommunications Services" 
means communications facilities or services.  The term does not 
include single agency point-to-point radio systems or facilities 
systems.  The term does include local services over converged 
networks, which state agencies may choose to purchase through the 
department or may purchase through any other authorized purchasing 
method.
	SECTION 2.  Section 2054.1185, Government Code, is hereby 
repealed.          
	SECTION 3.  Section 2170.003, Government Code, is amended to 
read as follows:
	Section 2170.003.  OWNERSHIP OR LEASE OF NECESSARY 
EQUIPMENT.  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 also acquire 
telecommunications services without competitive bidding from a 
private entity created by a consortia of institutions of higher 
education for the purpose of creating, managing and operation a 
high speed fiber optic network, funded, in part, with state 
appropriations.
	SECTION 4.  Section 2054.021 is amended to read as follows:                    
	Section 2054.021(d).  An ex officio member may designate the 
information resources manager or another senior manager of the 
member's agency to serve in the member's place.
	SECTION 5.  Section 771.031, Health and Safety Code, is 
amended by amending Subsection (b) to read as follows:
	(b)  The following individuals serve as nonvoting ex officio 
members:        
		(1)  the executive director of the Public Utility 
Commission of Texas, or an individual designated by the executive 
director;
		(2)  the executive director of the General Services 
CommissionDepartment of Information Resources, or an individual 
designated by the executive director; and
		(3)  the commissioner of public health, or an 
individual who has responsibility for the poison control network 
designated by the commissioner.
	SECTION 6.  Section 2054.051, Government Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  The department may allow the contracts to be used by 
government entities of other states and by assistance organizations 
as defined in Section 2175.001, Government Code.
	SECTION 7.  Section 2170.004, Government Code, is amended to 
read as follows:
	Section 2170.004.  CONTRACTS WITH ENTITIES OTHER THAN STATE 
AGENCIES.  The department may contract for use of the consolidated 
telecommunications system with:
		(1)  each house of the legislature;                                           
		(2)  a legislative agency;                                                    
		(3)  an agency that is not a state agency as defined by 
Section 2151.002    
		(4)  a political subdivision, including a county, 
municipality, or district; and
		(5)  a private institutions of higher education 
accredited by a recognized accrediting agency, as defined by 
Section 61.003, Education Code, that:
			(A)  engages in distance learning, as defined by 
Section 57.021, Utilities Code, and
			(B)  receives federal funds for distance learning 
initiatives.;and
		(6)  a private business or other entity that serves a 
state agency through a contract for services in instances where the 
entity's use of the consolidated telecommunications system results 
in cost savings to the State.
	SECTION 8.  Section 7 of chapter 342, Acts of the 77th 
Legislature, Regular Session, 2001, is hereby repealed.
	SECTION 9.  This Act takes effect September 1, 2005.