BILL ANALYSIS

H.B. 1495

By: Munoz, Jr.

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that provisions of law governing the Department of Information Resources (DIR) in which public junior college districts are considered local government entities and public junior colleges are considered state agencies, which are required to comply with certain DIR rules, create confusion regarding the applicability of DIR requirements. These parties report that, historically, the DIR has considered both public junior colleges and public junior college districts exempt from the DIR's requirements and that public junior colleges are specifically excluded from the DIR's requirements relating to information security.

H.B. 1495 seeks to clarify that the DIR's statutory obligations and rules do not apply to a public junior college and a public junior college district, with certain exceptions.   Junior colleges must still comply with applicable federal requirements relating to information technology.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1495 amends the Government Code to make the Information Resources Management Act inapplicable to a public junior college or a public junior college district, except as necessary for participation in the TexasOnline project.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.