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79R9941 MXM-F
By: Shapleigh S.B. No. 1644
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. Sections 2054.111(e) and (g), Government Code,
are 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.
(g) A state agency that uses the project shall, as
determined by the authority, assist the authority with marketing
efforts regarding the use of the project.
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), (d), 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 electronically:
(1) send and receive documents or required payments by
any method 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, including support
services for an agency or local government.
(d) The department may contract with a private vendor to
implement this section. A contract entered into under this
subsection must include terms on sharing fees for using the
project.
(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. 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 2054.259, 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) set prices in an amount equal to the cost of the
project plus a reasonable rate of return and 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 5. Subchapter I, Chapter 2054, Government Code, is
amended by adding Sections 2054.273, 2054.274, and 2054.275 to read
as follows:
Sec. 2054.273. FEES. 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 as provided by the vendor's agreement with the department.
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.
Sec. 2054.274. RECORDS. A state agency or local government
may use the project to automate systems relating to the state agency
or local government's records, including:
(1) imaging and storing records;
(2) receiving and processing records; and
(3) requesting copies of records, including certified
copies.
Sec. 2054.275. DEBT AND COSTS PROHIBITED; VENDOR. (a)
Except as provided by Subsection (b), the department and the
authority may not incur debt or costs associated with the project.
(b) The division and any vendor selected under Section
2054.252(d) shall bear all debt and other costs associated with
developing, operating, or managing the project.
SECTION 6. Section 7, Chapter 342, Acts of the 77th
Legislature, Regular Session, 2001, is repealed.
SECTION 7. 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.