By: Pitts H.B. No. 1789

Substitute the following for H.B. No. 1789:

By: Berman C.S.H.B. No. 1789

A BILL TO BE ENTITLED

AN ACT

relating to the management and oversight of information resources projects.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2054.055(b), Government Code, is amended to read as follows:

(b) The report must:

(1) assess the progress made toward meeting the goals and objectives of the state strategic plan for information resources management;

(2) describe major accomplishments of the state or a specific state agency in information resources management;

(3) describe major problems in information resources management confronting the state or a specific state agency;

(4) provide a summary of the total expenditures for information resources and information resources technologies by the state; and

(5) make recommendations for improving the effectiveness and cost-efficiency of the state's use of information resources[; and

[(6) include a list compiled by the department's program management office from the information gathered under Sections 2055.152 and 2055.153 of the electronic government projects:

[(A) that are managed by the office under Chapter 2055; and

[(B) that are not yet managed by the office under Chapter 2055, but have been selected for management under Chapter 2055].

SECTION 2. Sections 2054.113(b) and (c), Government Code, are amended to read as follows:

(b) A state agency may not duplicate an infrastructure component of TexasOnline, unless the department [program management office] approves the duplication. In this subsection, "infrastructure" does not include the development of applications, and the supporting platform, for electronic government projects.

(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 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 3. Section 2054.118(b), Government Code, is amended to read as follows:

(b) The department shall develop rules or guidelines for its review of major information resources projects and project management practices for the projects [, including guidelines for software development and quality assurance]. The department shall also assist the Legislative Budget Board in evaluating the determinations about comparative costs and benefits that state agencies make under Subsection (c).

SECTION 4. Section 2054.1182(a), Government Code, is amended to read as follows:

(a) After a major information resources project has been completed, [the quality assurance team may require] a state agency shall [to] evaluate and report to the quality assurance team on whether the project met the agency's [its] objectives or other expectations.

SECTION 5. Section 2054.128(b), Government Code, is amended to read as follows:

(b) The department shall coordinate the efforts of the agencies in developing the information link to ensure that the efforts produce a link that is compatible with efforts of the task force conducted under Section 2054.062. [If the department has a program management office, the department may delegate the coordination of efforts under this section to that office.]

SECTION 6. The heading to Subchapter G, Chapter 2054, Government Code, is amended to read as follows:

SUBCHAPTER G. PROJECT MANAGEMENT PRACTICES [QUALITY ASSURANCE]

SECTION 7. Section 2054.151(b), Government Code, is amended to read as follows:

(b) The legislature finds that to ensure the successful completion of all information resources [but the smallest or lowest risk] projects, all projects must be managed using project management practices [each state agency must develop and implement its own internal quality assurance procedures].

SECTION 8. Section 2054.152, Government Code, is amended to read as follows:

Sec. 2054.152. DEFINITION. In this subchapter, "project management practices" includes the documented and repeatable methods that a state agency uses to apply knowledge, skills, tools, and techniques to satisfy project activity requirements ["internal quality assurance procedures" includes methods that an agency employs to identify and mitigate risks on its projects, to ensure that it follows established state technology standards, and to provide accountability for the money spent on its projects].

SECTION 9. Section 2054.153, Government Code, is amended to read as follows:

Sec. 2054.153. DEPARTMENT GUIDELINES. (a) The department by rule shall establish guidelines for project management practices that take into account varying levels of project size and complexity [model guidelines for state agencies to use in developing their own internal quality assurance procedures].

(b) In developing the guidelines, the department shall:

(1) consult with state agencies; and

(2) accomodate existing project management practices of state agencies [The department's guidelines must address:

[(1)planning project development;

[(2)determining the projected benefits of a project;

[(3) developing and implementing management control processes;

[(4)projecting the budget for a project;

[(5)analyzing the risks of a project;

[(6) establishing standards by which the effectiveness and efficiency of a project can be evaluated; and

[(7) evaluating and reporting on the project after implementation].

SECTION 10. Section 2054.154, Government Code, is amended to read as follows:

Sec. 2054.154. DEPARTMENT ASSISTANCE. The department shall establish a comprehensive technical assistance program to aid state agencies in developing and implementing their own project management practices [internal quality assurance procedures].

SECTION 11. Section 2054.156, Government Code, is amended to read as follows:

Sec. 2054.156. STATE AGENCY DUTIES. (a) Each state agency shall manage information resources projects [develop its own internal quality assurance procedures] based on project management practices that are consistent with the department's [model] guidelines under Section 2054.153. [Each state agency shall use its internal quality assurance procedures to evaluate each of its projects that is not exempt under Section 2054.155.]

(b) The agency's information resources manager shall [develop and] oversee the implementation of the agency's project management practices [internal quality assurance procedures except to the extent that the agency contracts with another governmental entity or with a private entity to develop or implement all or part of the procedures].

(c) The agency's information resources manager shall demonstrate in the agency strategic plan the extent to which the agency uses its project management practices [internal quality assurance procedures].

SECTION 12. Section 2054.157, Government Code, is amended to read as follows:

Sec. 2054.157. OVERSIGHT BY DEPARTMENT. (a) The department may make formal recommendations to a state agency regarding the agency's need to develop, implement, or improve its project management practices [internal quality assurance procedures].

(b) The department shall report on state agencies' progress in developing and implementing project management practices [internal quality assurance procedures] as part of the department's biennial performance report.

SECTION 13. Section 2054.303(b), Government Code, is amended to read as follows:

(b) The agency shall file the documents with the quality assurance team [department, Legislative Budget Board, and state auditor's office] when the agency files its legislative appropriations request.

SECTION 14. Section 2054.306, Government Code, is amended to read as follows:

Sec. 2054.306. POST-IMPLEMENTATION REVIEW. After implementation of a major information resources project, a state agency shall prepare a post-implementation review. The agency shall provide the review to the agency's executive director[, the department,] and the quality assurance team [state auditor's office].

SECTION 15. The heading to Chapter 2055, Government Code, is amended to read as follows:

CHAPTER 2055. ELECTRONIC GRANT SYSTEM [GOVERNMENT PROGRAM

MANAGEMENT]

SECTION 16. The following laws are repealed:

(1) Section 2054.003(11), Government Code;

(2) Section 2054.1185, Government Code;

(3) Section 2054.155, Government Code;

(4) Sections 2055.001(3) and (5), Government Code;

(5) Subchapter B, Chapter 2055, Government Code;

(6) Subchapter C, Chapter 2055, Government Code; and

(7) Subchapter D, Chapter 2055, Government Code.

SECTION 17. The changes in law made by this Act apply only to an information resources project implemented on or after September 1, 2007. An information resources project implemented before that date is governed by the law in effect on the date the project was implemented, and the former law is continued in effect for that purpose.

SECTION 18. Not later than October 1, 2007, the Department of Information Resources shall adopt the guidelines and establish the program, as required by Sections 2054.153 and 2054.154, Government Code, as amended by this Act.

SECTION 19. Each state agency shall comply with the guidelines adopted by the Department of Information Resources under Section 2054.153, Government Code, as amended by this Act, not later than November 1, 2007.

SECTION 20. This Act takes effect September 1, 2007.