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A BILL TO BE ENTITLED
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AN ACT
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relating to leasing advertising space on state agency Internet |
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websites. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2054, Government Code, is |
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amended by adding Section 2054.064 to read as follows: |
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Sec. 2054.064. ADVERTISING ON STATE INTERNET WEBSITES. (a) |
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In this section: |
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(1) "Department" means the Department of Information |
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Resources or a successor agency. |
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(2) "State agency" means any department, board, |
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commission, or other agency in the executive branch of state |
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government, including the office of the governor. The term does not |
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include an institution of higher education, as defined by Section |
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61.003, Education Code. |
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(b) In accordance with rules adopted by the department and |
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to the extent allowed under federal law: |
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(1) a state agency shall contract with a private |
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entity to lease advertising space on the agency's official Internet |
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website; and |
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(2) the department shall contract with a private |
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entity to lease advertising space on the official Internet website |
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for the State of Texas. |
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(c) The department shall develop a standard contract for the |
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lease of advertising space on an Internet website under this |
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section. The standard contract developed by the department must |
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include terms that: |
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(1) provide for the payment of a fee by the person |
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leasing the advertising space in an amount set by department rule; |
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and |
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(2) require the advertisements to comply with the |
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rules adopted by the department relating to content and |
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composition. |
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(d) The department shall adopt rules to implement this |
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section. The rules must establish: |
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(1) guidelines relating to the content and composition |
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of advertisements that may be placed on an Internet website; |
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(2) procedures for procuring advertisements that |
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relate, to the greatest extent practicable, to the stated purpose |
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of the state agency; |
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(3) policies that require: |
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(A) each advertisement to be clearly labeled on |
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the Internet website as an advertisement; and |
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(B) a disclaimer on each Internet website that |
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clearly states that the State of Texas does not endorse the products |
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or services advertised on the state agency Internet website; |
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(4) a schedule of fees to be charged for the lease of |
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advertising space under this section; and |
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(5) the amount of the lease payment that a private |
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entity may retain for administering the lease contract. |
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(e) A private entity administering a lease under this |
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section shall collect the fees due from the leasing entity. After |
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deduction of the private entity's fees, the remainder of the fees |
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collected under this section shall be forwarded to the comptroller |
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to be deposited to the credit of the general revenue fund. |
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SECTION 2. This Act takes effect September 1, 2011. |