80R14817 MTB-D
 
  By: Strama, Hughes, Van Arsdale, Garcia, H.B. No. 3430
      Paxton, et al.
 
Substitute the following for H.B. No. 3430:
 
  By:  Smith of Harris C.S.H.B. No. 3430
 
A BILL TO BE ENTITLED
AN ACT
relating to the online availability of information about state
expenditures, including the creation of a state database containing
information on state expenditures.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.024 to read as follows:
       Sec. 403.024.  SEARCHABLE STATE EXPENDITURE DATABASE. (a)  
In this section, "state agency" has the meaning assigned by Section
403.013.
       (b)  The comptroller shall establish and post on the Internet
a database of state expenditures, including contracts and grants,
that is electronically searchable by the public except as provided
by Subsection (c). The database must include:
             (1)  the amount, date, payor, and payee of
expenditures; and
             (2)  a listing of state expenditures by:
                   (A)  object of expense with links to the warrant
or check register level; and
                   (B)  as appropriate, class and item levels.
       (c)  To the extent possible, the comptroller shall present
information in the database established under this section in a
manner that is searchable and intuitive to users.  The comptroller
shall enhance and organize the presentation of the information
through the use of graphical representations, such as pie charts,
as the comptroller considers appropriate. At a minimum, the
database must allow users to:
             (1)  search and aggregate state funding by any element
of the information;
             (2)  ascertain through a single search the total amount
of state funding awarded to a person by a state agency; and
             (3)  download information yielded by a search of the
database.
       (d)  The comptroller may not allow public access under this
section to the home addresses of private individuals or to
information posted under this section that is not subject to
required disclosure under Chapter 552.  It is an affirmative
defense to prosecution under Section 552.352(a) that the
comptroller or an officer or employee of the comptroller's office
acted in reliance on a determination made by a state agency about
the confidentiality of information relating to the agency's
expenditures.
       (e)  To the extent any information required to be in the
database is already being collected or maintained by a state
agency, the state agency shall provide that information to the
comptroller for inclusion in the database.
       (f)  The comptroller may not charge a fee to the public to
access the database.
       (g)  A state agency is required to cooperate with and provide
information to the comptroller as necessary to implement and
administer this section.
       (h)  The Department of Information Resources, after
consultation with the comptroller, shall prominently include a link
to the database established under this section on the public home
page of the TexasOnline Project described by Section 2054.252.
       (i)  The comptroller may establish procedures and adopt
rules to implement this section.
       SECTION 2.  Section 2054.126, Government Code, is amended by
adding Subsection (f) to read as follows:
       (f)  Each state agency that maintains a generally accessible
Internet site or for which a generally accessible Internet site is
maintained shall include a link on the agency's Internet site to the
state expenditure database established under Section 403.024.  In
this subsection, "state agency" has the meaning assigned by Section
403.013.
       SECTION 3.  Sections 403.024 and 2054.126(f), Government
Code, as added by this Act, apply only to expenditures made on or
after the effective date of this Act.
       SECTION 4.  Not later than October 1, 2007, the comptroller
shall establish the database as required by Section 403.024,
Government Code, as added by this Act.
       SECTION 5.  This Act takes effect October 1, 2007.