80R8525 MTB-D

By: Callegari H.B. No. 2443

A BILL TO BE ENTITLED

AN ACT

relating to the operation, organization, and management of governmental entities, including the repeal of certain obsolete laws.

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

ARTICLE 1. STATE TELECOMMUNICATIONS SERVICES PROVIDED BY

DEPARTMENT OF INFORMATION RESOURCES

SECTION 1.01. Section 2054.051, Government Code, is amended by adding Subsection (g) to read as follows:

(g) The department shall establish plans and policies for the system of telecommunications services managed and operated by the department.

SECTION 1.02. 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;

(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; and

(7) assess the progress made toward accomplishing the goals of the plan for a state telecommunications network and developing a system of telecommunications services as provided by Subchapter H.

SECTION 1.03. Section 2054.091(d), Government Code, is amended to read as follows:

(d) The executive director shall appoint an advisory committee to assist in the preparation of the state strategic plan. The members of the advisory committee appointed by the executive director must be approved by the board and must include officers or employees of state government. [The telecommunications planning and oversight council shall appoint one of its members to serve as a member of the advisory committee.]

SECTION 1.04. Section 2054.092(b), Government Code, is amended to read as follows:

(b) The plan must:

(1) provide a strategic direction for information resources management in state government for the five fiscal years following adoption of the plan;

(2) outline a state information architecture that contains a logically consistent set of principles, policies, and standards to guide the engineering of state government's information technology systems and infrastructure in a way that ensures compatibility and alignment with state government's needs;

(3) designate and report on critical electronic government projects to be directed by the department, including a project for electronic purchasing;

(4) provide information about best practices to assist state agencies in adopting effective information management methods, including the design, deployment, and management of information resources projects, cost-benefit analyses, and staff reengineering methods to take full advantage of technological advancements;

(5) establish reporting guidelines for state agencies to report in agency strategic plans:

(A) the outcomes and progress related to the strategic direction of the state;

(B) information necessary to evaluate opportunities for information technology consolidation;

(C) progress toward implementing electronic government projects designated under Subdivision (3);

(D) the return on investment for projects and cost-benefit models for the projects; and

(E) other provisions in this section;

(6) provide long-range policy guidelines for information resources in state government, including the implementation of national, international, and department standards for information resources technologies;

(7) identify major issues faced by state agencies related to the acquisition of computer hardware, computer software, and information resources technology services and develop a statewide approach to address the issues, including:

(A) developing performance measures for purchasing and contracting; and

(B) identifying opportunities to reuse computer software code purchased with public funds; [and]

(8) identify priorities for:

(A) the implementation of information resources technologies according to the relative economic and social impact on the state; and

(B) return on investment and cost-benefit analysis strategies; and

(9) provide information about best practices to assist state agencies in adopting methods for design, deployment, and management of telecommunications services.

SECTION 1.05. The heading to Subchapter H, Chapter 2054, Government Code, is amended to read as follows:

SUBCHAPTER H. TELECOMMUNICATIONS PLANNING [AND OVERSIGHT COUNCIL]

SECTION 1.06. Sections 2054.203(a), (b), and (g), Government Code, are amended to read as follows:

(a) The department [telecommunications planning and oversight council] shall comprehensively collect and manage telecommunications network configuration information about existing and planned telecommunications networks throughout state government.

(b) The department [telecommunications planning and oversight council] may require state agencies to submit to the department [council] the agencies' network configuration information, but the department [council] must use existing reports to gather the information if possible and minimize the reporting burden on agencies to the extent possible.

(g) The department [telecommunications planning and oversight council] shall perform strategic planning for all state telecommunications services in accordance with the guiding principles of the state strategic plan for information resources management.

SECTION 1.07. Sections 2054.204(a) and (c), Government Code, are amended to read as follows:

(a) The department [telecommunications planning and oversight council] shall develop a plan for a state telecommunications network that will effectively and efficiently meet the long-term requirements of state government for voice, video, and computer communications, with the goal of achieving a single centralized telecommunications network for state government.

(c) The plan must incorporate efficiencies obtained through the use of shared transmission services and open systems architecture as they become available, building on existing systems as appropriate. To advise the department in [In] developing the plan, the executive director shall appoint an advisory committee that consists [the telecommunications planning and oversight council shall make use of the technical expertise] of representatives of state agencies, including institutions of higher education, telecommunications vendors, and customers of the state telecommunications network.

SECTION 1.08. Section 2054.205, Government Code, is amended to read as follows:

Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The department [telecommunications planning and oversight council] shall develop functional requirements for a statewide system of telecommunications services for all state agencies. Existing networks, as configured on September 1, 1991, of institutions of higher education are exempt from the requirements.

(b) The department [telecommunications planning and oversight council] shall develop requests for information and proposals for a statewide system of telecommunications services for all state agencies.

SECTION 1.09. Sections 2054.2051(a), (b), and (c), Government Code, are amended to read as follows:

(a) The department [telecommunications planning and oversight council] shall develop service objectives for the consolidated telecommunications system and the centralized capitol complex telephone system.

(b) The department [telecommunications planning and oversight council] shall develop performance measures to establish cost-effective operations and staffing of the consolidated telecommunications system and the centralized capitol complex telephone system.

(c) The department [telecommunications planning and oversight council] shall review the status of all projects related to and the financial performance of the consolidated telecommunications system and the centralized capitol complex telephone system, including:

(1) a comparison between actual performance and projected goals at least once every three months; and

(2) any benefit of contracting with private vendors to provide some or all of the systems at least once each year.

SECTION 1.10. Section 2170.001(a)(1), Government Code, is amended to read as follows:

(1) "Telecommunications services" means [intercity] communications facilities or services, including local services provided over converged networks. The term does not include single agency point-to-point radio systems or facilities or services of criminal justice information communication systems.

SECTION 1.11. Section 2170.002, Government Code, is amended to read as follows:

Sec. 2170.002. DEPARTMENT GENERALLY RESPONSIBLE FOR OBTAINING TELECOMMUNICATIONS SERVICES. (a) The department is the state agency responsible for obtaining telecommunications services.

(b) Notwithstanding Subsection (a) of this section, Section 2170.051, or other law, a state agency may choose to procure local telecommunications services provided over converged networks either through the department or by using any other authorized procurement method. A state agency is not required to comply with Section 2170.051(c) or (d) in procuring such services.

SECTION 1.12. The following laws are repealed:

(1) Section 2054.201, Government Code;

(2) Section 2054.202, Government Code;

(3) Section 2054.2025, Government Code;

(4) Sections 2054.203(c) and (d), Government Code;

(5) Section 2054.2051(d), Government Code;

(6) Section 2054.206, Government Code;

(7) Section 2054.207, Government Code; and

(8) Section 2170.060, Government Code.

SECTION 1.13. (a) The telecommunications planning and oversight council is abolished.

(b) A rule, form, plan, policy, or order of the telecommunications planning and oversight council is continued in effect as a rule, form, plan, policy, or order of the Department of Information Resources until superseded by a rule or other appropriate action of the department.

SECTION 1.14. This article takes effect September 1, 2007.

ARTICLE 2. REPEAL OF LAW RELATING TO TEXAS NATIONAL RESEARCH

LABORATORY COMMISSION

SECTION 2.01. Section 51.604, Education Code, is amended to read as follows:

Sec. 51.604. USE OF FUND. The commissioner shall allocate the fund to eligible nonprofit organizations for the purpose of:

(1) establishing or operating educational programs to assist women or minority group members in preparing for or participating in programs leading to an undergraduate degree in engineering or science from an institution of higher education;

(2) disseminating information concerning:

(A) educational and career opportunities in engineering and science; and

(B) the fund and programs funded under this subchapter; and

(3) establishing or operating programs to assist women and minority group members in preparing for careers in superconductivity research, including:

(A) recruitment seminars and mentorship programs, in cooperation with [the Texas National Research Laboratory Commission and] institutions of higher education that conduct superconductivity research;

(B) career exploration programs, in cooperation with public school districts; and

(C) career exploration programs, recruitment seminars, and mentorship programs, in cooperation with engineering and scientific research organizations.

SECTION 2.02. Section 65.33, Education Code, is amended to read as follows:

Sec. 65.33. EMINENT DOMAIN. (a) The board has the power of eminent domain to acquire for the use of the university system any land that may be necessary and proper for carrying out its purposes in the manner prescribed by Chapter 21, Property Code [in Title 52, Revised Civil Statutes of Texas, 1925, as amended].

(b) Whenever the board has been made trustees by a will, instrument in writing, or otherwise of a trust for a scientific, educational, philanthropic, or charitable purpose, or other trust for a public purpose, it may act by a quorum of the board or a majority of all members. Unless otherwise directed by the terms of the will or instrument, as trustees the board may exercise for the purpose of the trust the power of eminent domain and may condemn land and other property as provided by Chapter 21, Property Code [Title 52, Revised Civil Statutes of Texas, 1925, as amended].

(c) [In the event that the federal government awards the Super-conducting Super Collider Accelerator project to one or more institutions of higher education in the State of Texas, one of which is a component of The University of Texas System and/or The Texas A & M University System, and the governor with the advice of the Houston Area Research Center Board determines that the board of regents of The University of Texas System should select the site for the construction of this project on permanent university fund lands, the board shall use its best efforts to find a suitable site on permanent university fund lands. If the board determines that it is not feasible to locate the project wholly on permanent university fund lands and the legislature has appropriated funds for such purpose, the board may exercise the power of eminent domain to acquire, on behalf of the state, title and right-of-way easements in such land in addition to permanent university fund lands as the board may determine is necessary and appropriate for the project. If a component of both The University of Texas System and The Texas A & M University System are members of the consortium that is awarded the Super-conducting Super Collider Accelerator project, the board of regents of The University of Texas System shall not proceed to select a site and to exercise the power of eminent domain without a resolution of concurrence from the board of regents of The Texas A & M University System.

[(d)] The taking of the property is declared to be for the use of the state. The board is [shall] not [be] required to deposit a bond or the amount equal to the award of damages by the commissioners as provided by Section 21.021, Property Code [in Paragraph 2, Article 3268, Revised Civil Statutes of Texas, 1925].

SECTION 2.03. Section 661.031(2), Government Code, is amended to read as follows:

(2) "State employee" means an individual who is an appointed officer or employee of a state agency and who normally works 900 hours or more a year. The term includes:

(A) an hourly employee;

(B) a temporary employee;

(C) a person employed by:

(i) the Teacher Retirement System of Texas;

(ii) the Texas Education Agency;

(iii) the Texas Higher Education Coordinating Board;

(iv) [the Texas National Research Laboratory Commission;

[(v)] the Texas School for the Blind and Visually Impaired;

(v) [(vi)] the Texas School for the Deaf;

(vi) [(vii)] the Texas Youth Commission;

(vii) [(viii)] the Windham School District; or

(viii) [(ix)] the Department of Assistive and Rehabilitative Services [Texas Rehabilitation Commission]; and

(D) a classified, administrative, faculty, or professional employee of a state institution or agency of higher education who has accumulated vacation leave, sick leave, or both, during the employment.

SECTION 2.04. Section 661.061(2), Government Code, is amended to read as follows:

(2) "State employee" means an employee or appointed officer of a state agency. The term includes:

(A) a full-time employee or officer;

(B) a part-time employee or officer;

(C) an hourly employee;

(D) a temporary employee;

(E) a person employed by:

(i) the Teacher Retirement System of Texas;

(ii) the Texas Education Agency;

(iii) the Texas Higher Education Coordinating Board;

(iv) [the Texas National Research Laboratory Commission;

[(v)] the Texas School for the Blind and Visually Impaired;

(v) [(vi)] the Texas School for the Deaf;

(vi) [(vii)] the Texas Youth Commission;

(vii) [(viii)] the Windham School District; or

(viii) [(ix)] the Department of Assistive and Rehabilitative Services [Texas Rehabilitation Commission]; or

(F) a classified, administrative, faculty, or professional employee of a state institution or agency of higher education who has accumulated vacation leave during the employment.

SECTION 2.05. Section 1232.101, Government Code, is amended to read as follows:

Sec. 1232.101. ISSUANCE OF BONDS FOR CERTAIN STATE AGENCIES. With respect to all bonds authorized to be issued by the Texas Military Facilities Commission, [Texas National Research Laboratory Commission,] Parks and Wildlife Department, Texas Low-Level Radioactive Waste Disposal Authority, Stephen F. Austin State University, Midwestern State University, and Texas Southern University, the authority has the exclusive authority to act on behalf of those entities in issuing bonds on their behalf. In connection with those issuances and with the issuance of refunding bonds on behalf of those entities, the authority is subject to all rights, duties, and conditions surrounding issuance previously applicable to the issuing entity under the statute authorizing the issuance. A reference in an authorizing statute to the entity on whose behalf the bonds are being issued applies equally to the authority in its capacity as issuer on behalf of the entity.

SECTION 2.06. Sections 2301.062 and 2301.064, Government Code, are amended to read as follows:

Sec. 2301.062. AGREEMENTS. A public entity or state agency may make agreements with and accept donations, grants, and loans from any person, including the United States, this state, a department or agency of this state, a public entity, and a public or private corporation, including any authority [and the Texas National Research Laboratory Commission].

Sec. 2301.064. USE OF FUNDS. A public entity or state agency may:

(1) use its funds, including tax revenues, to plan, acquire, construct, own, operate, maintain, or enhance eligible projects, including, in the case of a public entity, eligible projects located outside the jurisdiction or boundaries of the public entity if the governing body of the public entity determines that the project will contribute to the development and diversification of the economy, the elimination of unemployment or underemployment, or the development or expansion of commerce within the public entity;

(2) levy taxes to provide for payment of amounts required under agreements with any person, including the United States, the state, a department and agency of this state, a public entity, and a public or private corporation, including any authority [and the Texas National Research Laboratory Commission]; and

(3) pledge tax revenue to the payment of agreements.

SECTION 2.07. Section 25.07(b), Tax Code, is amended to read as follows:

(b) Except as provided by Subsections (b) and (c) of Section 11.11 of this code, a leasehold or other possessory interest in exempt property may not be listed if:

(1) the property is permanent university fund land;

(2) the property is county public school fund agricultural land;

(3) the property is a part of a public transportation facility owned by an incorporated city or town and:

(A) is an airport passenger terminal building or a building used primarily for maintenance of aircraft or other aircraft services, for aircraft equipment storage, or for air cargo;

(B) is an airport fueling system facility;

(C) is in a foreign-trade zone:

(i) that has been granted to a joint airport board under Chapter 129, Acts of the 65th Legislature, Regular Session, 1977 (Article 1446.8, Vernon's Texas Civil Statutes);

(ii) the area of which in the portion of the zone located in the airport operated by the joint airport board does not exceed 2,500 acres; and

(iii) that is established and operating pursuant to federal law; or

(D)(i) is in a foreign trade zone established pursuant to federal law after June 1, 1991, which operates pursuant to federal law;

(ii) is contiguous to or has access via a taxiway to an airport located in two counties, one of which has a population of 500,000 or more according to the federal decennial census most recently preceding the establishment of the foreign trade zone; and

(iii) is owned, directly or through a corporation organized under the Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), by the same incorporated city or town which owns the airport;

(4) the interest is in a part of:

(A) a park, market, fairground, or similar public facility that is owned by an incorporated city or town; or

(B) a convention center, visitor center, sports facility with permanent seating, concert hall, arena, or stadium that is owned by an incorporated city or town as such leasehold or possessory interest serves a governmental, municipal, or public purpose or function when the facility is open to the public, regardless of whether a fee is charged for admission;

(5) the interest involves only the right to use the property for grazing or other agricultural purposes; or

(6) [the property is owned by the Texas National Research Laboratory Commission or by a corporation formed by the Texas National Research Laboratory Commission under Section 465.008(g), Government Code, and is used or is useful in connection with an eligible undertaking as defined by Section 465.021, Government Code; or

[(7)] the property is:

(A) owned by a municipality, a public port, or a navigation district created or operating under Section 59, Article XVI, Texas Constitution, or under a statute enacted under Section 59, Article XVI, Texas Constitution; and

(B) used as an aid or facility incidental to or useful in the operation or development of a port or waterway or in aid of navigation-related commerce.

SECTION 2.08. The following laws are repealed:

(1) Chapter 465, Government Code; and

(2) Sections 151.349 and 171.086, Tax Code.

ARTICLE 3. REPEAL OF LAW CREATING TEXAS DEEPWATER PORT AUTHORITY

SECTION 3.01. Chapter 19, Water Code, is repealed.

ARTICLE 4. REPEAL OF LAW AUTHORIZING CREATION OF THE OGALLALA WATER

IMPORT AUTHORITY OF TEXAS

SECTION 4.01. Chapter 64, Water Code, is repealed.

ARTICLE 5. CONDEMNATION OF HISTORICAL SITES AT DIRECTION OF

COMMISSION OF CONTROL FOR TEXAS CENTENNIAL CELEBRATIONS

SECTION 5.01. Chapter 433, Acts of the 44th Legislature, 2nd Called Session, 1935 (Article 3264c, Vernon's Texas Civil Statutes), is repealed.

ARTICLE 6. EFFECTIVE DATE

SECTION 6.01. Except as otherwise provided by this Act, 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 September 1, 2007.