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A BILL TO BE ENTITLED
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AN ACT
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relating to information resources technologies of state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2054.051, Government Code, is amended by |
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adding Subsections (h), (i), and (j) to read as follows: |
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(h) The department shall establish a method of accounting |
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for state agency expenditures for information resources |
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technologies, including creating common definitions for |
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information resources technologies investments and purchases. |
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(i) The department shall: |
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(1) coordinate with the quality assurance team, |
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comptroller, and Legislative Budget Board to develop contracting |
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standards for information resources technologies acquisition and |
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purchased services; and |
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(2) work with state agencies to ensure deployment of |
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standardized contracts. |
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(j) The department, using independent technical staff |
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support and independent technical and financial information, shall |
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review all information resources technologies within state |
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government, regardless of whether an information resources project |
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or service is provided by a public or private provider. |
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SECTION 2. Section 2054.055, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-2) to read as |
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follows: |
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(b) The report must: |
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(1) assess the progress made toward meeting the goals |
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and objectives of the state strategic plan for information |
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resources management; |
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(2) describe major accomplishments of the state or a |
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specific state agency in information resources management; |
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(3) describe major problems in information resources |
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management confronting the state or a specific state agency; |
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(4) provide a summary of the total expenditures for |
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information resources and information resources technologies by |
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the state; |
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(5) make recommendations for improving the |
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effectiveness and cost-efficiency of the state's use of information |
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resources; |
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(6) describe the status, progress, benefits, and |
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efficiency gains of the TexasOnline project, including any |
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significant issues regarding contract performance; |
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(7) provide a financial summary of the TexasOnline |
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project, including project costs and revenues; |
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(8) provide a summary of the amount and use of |
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Internet-based training conducted by each state agency and |
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institution of higher education; |
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(9) provide a summary of agency and statewide results |
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in providing access to electronic and information resources to |
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individuals with disabilities as required by Subchapter M; [and] |
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(10) assess the progress made toward accomplishing the |
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goals of the plan for a state telecommunications network and |
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developing a system of telecommunications services as provided by |
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Subchapter H; |
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(11) identify proposed major information resources |
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projects for the upcoming biennium, including project costs through |
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stages of the project and across fiscal years from project |
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initiation to implementation; |
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(12) examine major information resources projects |
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completed in the previous biennium to determine the performance of |
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the implementing state agency, cost and value effectiveness, |
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timeliness, and other performance criteria necessary to assess the |
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quality and value of the investment; and |
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(13) examine major information resources projects |
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after the second anniversary of the project's completion to |
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determine progress toward meeting performance goals and operating |
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budget savings. |
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(b-2) The information required under Subsection (b)(11) |
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must include: |
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(1) final total cost of ownership budget data for the |
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entire life cycle of the major information resources project, |
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including capital and operational costs that itemize staffing |
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costs, contracted services, hardware purchased or leased, software |
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purchased or leased, travel, and training; |
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(2) the original project schedule and the final actual |
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project schedule; |
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(3) data on the progress toward meeting the original |
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goals and performance measures of the project, specifically those |
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related to operating budget savings; |
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(4) lessons learned on the project, performance |
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evaluations of any vendors used in the project, and reasons for |
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project delays or cost increases; and |
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(5) the benefits, cost avoidance, and cost savings |
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generated by major technology resources projects. |
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SECTION 3. Subchapter C, Chapter 2054, Government Code, is |
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amended by adding Sections 2054.064, 2054.065, and 2054.066 to read |
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as follows: |
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Sec. 2054.064. PILOT PROGRAM OF PRIVATE PROVIDERS. (a) The |
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department, in consultation with the quality assurance team, |
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comptroller, and Legislative Budget Board, shall develop and |
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execute a pilot program to contract with one or more private |
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providers for: |
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(1) the delivery, support, maintenance, and operation |
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of information resources technologies through application managed |
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services or other similar programs across one or more functional |
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areas of information resources technologies; or |
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(2) the information resources technologies needs of |
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one or more state agencies. |
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(b) In selecting a private provider for the pilot program, |
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the department must engage in a competitive bidding process or |
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request for proposals process. |
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(c) The pilot program shall assess: |
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(1) the biennial operating plan and planned |
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procurement schedule of each state agency participating in the |
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pilot program; |
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(2) opportunities to use best practices identified by |
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the department; and |
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(3) whether each state agency should proceed with |
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application managed services or other similar programs based on the |
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results of the assessment. |
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(d) The department shall prepare a report on the assessments |
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under Subsection (c) not later than June 1, 2012, and a final report |
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on the pilot program not later than December 31, 2012. The final |
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report must identify short-term and long-term costs, risks, |
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benefits, and other organizational impacts of implementing |
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application managed services or other similar programs within the |
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state agencies participating in the pilot program. |
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(e) The department shall submit the final report to the |
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Legislative Budget Board, comptroller, governor, lieutenant |
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governor, and speaker of the house of representatives. |
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(f) This section expires January 1, 2014. |
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Sec. 2054.065. INDEPENDENT CONSULTANT FOR CONSOLIDATED |
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STATE DATA CENTER. (a) The department shall contract with an |
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independent consultant to: |
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(1) conduct a technical and financial analysis for a |
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single consolidated state data center; |
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(2) develop a strategic business plan outlining the |
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various options for use of the site that maximize taxpayer value |
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consistent with the terms of the lease and related agreements; and |
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(3) assess: |
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(A) the total capital and operating costs for the |
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proposed data center; |
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(B) the occupancy rate for the consolidated state |
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data center compared to total capacity that will result in revenue |
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exceeding total capital and operating expenses; |
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(C) the potential reallocation of resources that |
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could result from the consolidation of state data centers and |
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office space; and |
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(D) the potential return on investment for the |
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consolidated state data center that may be realized without |
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impairing any existing contractual rights under the terms of the |
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lease and related agreements. |
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(b) The consultant shall submit a report on the review and |
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analysis conducted under this section to the department, quality |
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assurance team, Legislative Budget Board, comptroller, governor, |
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lieutenant governor, and speaker of the house of representatives |
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not later than December 1, 2012. |
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(c) This section expires January 1, 2014. |
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Sec. 2054.066. DEPARTMENT REVIEW. (a) The department, in |
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consultation with the quality assurance team, comptroller, and |
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Legislative Budget Board, shall review existing statutes, |
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procedures, data, and organizational structures to identify |
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opportunities to increase efficiency, customer service, and |
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transparency in information resources technologies. The |
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department must: |
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(1) identify and address financial data needed to |
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comprehensively evaluate information resources technologies |
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spending from an enterprise perspective; |
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(2) review best practices in information resources |
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technologies governance, including private sector practices and |
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lessons learned from other states; and |
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(3) review existing statutes regarding information |
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resources technologies governance, standards, and financing to |
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identify inconsistencies between current law and best practices. |
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(b) The department shall report its findings and |
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recommendations to the governor, lieutenant governor, and speaker |
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of the house of representatives not later than December 1, 2012. |
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(c) This section expires January 1, 2014. |
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SECTION 4. Section 2054.102, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The Legislative Budget Board, in consultation with |
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the department, shall establish criteria to evaluate state agency |
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biennial operating plans. In developing the criteria, the board |
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shall include criteria on: |
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(1) the feasibility of proposed information resources |
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projects for the biennium; |
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(2) the consistency of the plan with the state |
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strategic plan; |
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(3) the appropriate provision of public electronic |
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access to information; |
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(4) evidence of business process streamlining and |
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gathering of business and technical requirements; and |
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(5) services, costs, and benefits. |
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SECTION 5. Subchapter E, Chapter 2054, Government Code, is |
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amended by adding Section 2054.105 to read as follows: |
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Sec. 2054.105. ENTERPRISE-BASED STRATEGY. (a) The |
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department, in consultation with the quality assurance team, |
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Legislative Budget Board, and comptroller, shall develop an |
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enterprise-based strategy for information resources technologies |
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in state government based on information resources technologies |
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expenditure information collected from state agencies under this |
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chapter. |
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(b) In developing the enterprise-based strategy for the |
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state, the department must consider the following opportunities to |
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achieve greater efficiency: |
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(1) developing personal computer replacement policies |
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for the state, with consideration given to alternative models of |
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personal computer use for state government, including thin client, |
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software as a service, browser-based functionality, mobile |
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computing, and other models that are less dependent on traditional |
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computing; |
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(2) pursuing shared services initiatives across |
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functional areas, including e-mail, telephony, and data storage; |
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(3) pursuing pilot programs, including a pilot program |
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to demonstrate the value of application management services, to |
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identify opportunities to achieve operational efficiencies; |
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(4) developing recommended data storage policies and |
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record retention requirements and schedules for state agencies, in |
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consultation with the state auditor, the state archivist, the state |
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records administrator, and the Texas State Library and Archives |
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Commission; |
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(5) reviewing existing software maintenance contracts |
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to identify opportunities to renegotiate the price of those |
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contracts or the level of service; and |
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(6) partnering with private providers for commonly |
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used information resources technologies. |
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(c) A department, commission, board, office, council, |
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authority, or other agency of the legislative branch may coordinate |
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with and participate in shared service initiatives, pilot programs, |
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and the development of the enterprise-based strategy, where |
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appropriate. |
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(d) The department, quality assurance team, comptroller, |
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and Legislative Budget Board shall work with state agencies to |
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improve the acquisition and delivery of information resources |
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technologies products and services. |
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SECTION 6. Section 2054.118, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The department, in consultation with the quality |
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assurance team and Legislative Budget Board, shall establish |
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policies and standards governing the funding of major information |
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resources projects. |
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SECTION 7. Subchapter F, Chapter 2054, Government Code, is |
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amended by adding Section 2054.123 to read as follows: |
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Sec. 2054.123. STATE MASTER CONTRACT FOR WIRELESS DEVICE OR |
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SERVICE. (a) The department and the comptroller shall develop and |
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implement a state master contract for the purchase of wireless |
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devices or services. |
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(b) A state agency that purchases a wireless device or |
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service shall purchase the device or service through participation |
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in the state master contract unless the agency provides to the |
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department and the comptroller evidence that the state agency is |
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securing the device or service from another source at a lower cost |
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than the cost of purchasing the device or service through |
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participation in the state master contract. |
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SECTION 8. This Act takes effect September 1, 2011. |