82R4061 YDB-D
 
  By: Brown H.B. No. 1579
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to information resources technologies of state agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2054.051, Government Code, is amended by
  adding Subsections (h), (i), and (j) to read as follows:
         (h)  The department shall establish a method of accounting
  for state agency expenditures for information resources
  technologies, including creating common definitions for
  information resources technologies investments and purchases.
         (i)  The department shall:
               (1)  coordinate with the quality assurance team,
  comptroller, and Legislative Budget Board to develop contracting
  standards for information resources technologies acquisition and
  purchased services; and
               (2)  work with state agencies to ensure deployment of
  standardized contracts.
         (j)  The department, using independent technical staff
  support and independent technical and financial information, shall
  review all information resources technologies within state
  government, regardless of whether an information resources project
  or service is provided by a public or private provider.
         SECTION 2.  Section 2054.055, Government Code, is amended by
  amending Subsection (b) and adding Subsection (b-2) 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;
               (6)  describe the status, progress, benefits, and
  efficiency gains of the TexasOnline project, including any
  significant issues regarding contract performance;
               (7)  provide a financial summary of the TexasOnline
  project, including project costs and revenues;
               (8)  provide a summary of the amount and use of
  Internet-based training conducted by each state agency and
  institution of higher education;
               (9)  provide a summary of agency and statewide results
  in providing access to electronic and information resources to
  individuals with disabilities as required by Subchapter M; [and]
               (10)  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;
               (11)  identify proposed major information resources
  projects for the upcoming biennium, including project costs through
  stages of the project and across fiscal years from project
  initiation to implementation;
               (12)  examine major information resources projects
  completed in the previous biennium to determine the performance of
  the implementing state agency, cost and value effectiveness,
  timeliness, and other performance criteria necessary to assess the
  quality and value of the investment; and
               (13)  examine major information resources projects
  after the second anniversary of the project's completion to
  determine progress toward meeting performance goals and operating
  budget savings.
         (b-2)  The information required under Subsection (b)(11)
  must include:
               (1)  final total cost of ownership budget data for the
  entire life cycle of the major information resources project,
  including capital and operational costs that itemize staffing
  costs, contracted services, hardware purchased or leased, software
  purchased or leased, travel, and training;
               (2)  the original project schedule and the final actual
  project schedule;
               (3)  data on the progress toward meeting the original
  goals and performance measures of the project, specifically those
  related to operating budget savings;
               (4)  lessons learned on the project, performance
  evaluations of any vendors used in the project, and reasons for
  project delays or cost increases; and
               (5)  the benefits, cost avoidance, and cost savings
  generated by major technology resources projects.
         SECTION 3.  Subchapter C, Chapter 2054, Government Code, is
  amended by adding Sections 2054.064, 2054.065, and 2054.066 to read
  as follows:
         Sec. 2054.064.  PILOT PROGRAM OF PRIVATE PROVIDERS. (a)  The
  department, in consultation with the quality assurance team,
  comptroller, and Legislative Budget Board, shall develop and
  execute a pilot program to contract with one or more private
  providers for:
               (1)  the delivery, support, maintenance, and operation
  of information resources technologies through application managed
  services or other similar programs across one or more functional
  areas of information resources technologies; or
               (2)  the information resources technologies needs of
  one or more state agencies.
         (b)  In selecting a private provider for the pilot program,
  the department must engage in a competitive bidding process or
  request for proposals process.
         (c)  The pilot program shall assess:
               (1)  the biennial operating plan and planned
  procurement schedule of each state agency participating in the
  pilot program;
               (2)  opportunities to use best practices identified by
  the department; and
               (3)  whether each state agency should proceed with
  application managed services or other similar programs based on the
  results of the assessment.
         (d)  The department shall prepare a report on the assessments
  under Subsection (c) not later than June 1, 2012, and a final report
  on the pilot program not later than December 31, 2012. The final
  report must identify short-term and long-term costs, risks,
  benefits, and other organizational impacts of implementing
  application managed services or other similar programs within the
  state agencies participating in the pilot program.
         (e)  The department shall submit the final report to the
  Legislative Budget Board, comptroller, governor, lieutenant
  governor, and speaker of the house of representatives.
         (f)  This section expires January 1, 2014.
         Sec. 2054.065.  INDEPENDENT CONSULTANT FOR CONSOLIDATED
  STATE DATA CENTER. (a)  The department shall contract with an
  independent consultant to:
               (1)  conduct a technical and financial analysis for a
  single consolidated state data center;
               (2)  develop a strategic business plan outlining the
  various options for use of the site that maximize taxpayer value
  consistent with the terms of the lease and related agreements; and
               (3)  assess:
                     (A)  the total capital and operating costs for the
  proposed data center;
                     (B)  the occupancy rate for the consolidated state
  data center compared to total capacity that will result in revenue
  exceeding total capital and operating expenses;
                     (C)  the potential reallocation of resources that
  could result from the consolidation of state data centers and
  office space; and
                     (D)  the potential return on investment for the
  consolidated state data center that may be realized without
  impairing any existing contractual rights under the terms of the
  lease and related agreements.
         (b)  The consultant shall submit a report on the review and
  analysis conducted under this section to the department, quality
  assurance team, Legislative Budget Board, comptroller, governor,
  lieutenant governor, and speaker of the house of representatives
  not later than December 1, 2012.
         (c)  This section expires January 1, 2014.
         Sec. 2054.066.  DEPARTMENT REVIEW. (a)  The department, in
  consultation with the quality assurance team, comptroller, and
  Legislative Budget Board, shall review existing statutes,
  procedures, data, and organizational structures to identify
  opportunities to increase efficiency, customer service, and
  transparency in information resources technologies. The
  department must:
               (1)  identify and address financial data needed to
  comprehensively evaluate information resources technologies
  spending from an enterprise perspective;
               (2)  review best practices in information resources
  technologies governance, including private sector practices and
  lessons learned from other states; and
               (3)  review existing statutes regarding information
  resources technologies governance, standards, and financing to
  identify inconsistencies between current law and best practices.
         (b)  The department shall report its findings and
  recommendations to the governor, lieutenant governor, and speaker
  of the house of representatives not later than December 1, 2012.
         (c)  This section expires January 1, 2014.
         SECTION 4.  Section 2054.102, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The Legislative Budget Board, in consultation with
  the department, shall establish criteria to evaluate state agency
  biennial operating plans. In developing the criteria, the board
  shall include criteria on:
               (1)  the feasibility of proposed information resources
  projects for the biennium;
               (2)  the consistency of the plan with the state
  strategic plan;
               (3)  the appropriate provision of public electronic
  access to information;
               (4)  evidence of business process streamlining and
  gathering of business and technical requirements; and
               (5)  services, costs, and benefits.
         SECTION 5.  Subchapter E, Chapter 2054, Government Code, is
  amended by adding Section 2054.105 to read as follows:
         Sec. 2054.105.  ENTERPRISE-BASED STRATEGY.  (a)  The
  department, in consultation with the quality assurance team,
  Legislative Budget Board, and comptroller, shall develop an
  enterprise-based strategy for information resources technologies
  in state government based on information resources technologies
  expenditure information collected from state agencies under this
  chapter.
         (b)  In developing the enterprise-based strategy for the
  state, the department must consider the following opportunities to
  achieve greater efficiency:
               (1)  developing personal computer replacement policies
  for the state, with consideration given to alternative models of
  personal computer use for state government, including thin client,
  software as a service, browser-based functionality, mobile
  computing, and other models that are less dependent on traditional
  computing;
               (2)  pursuing shared services initiatives across
  functional areas, including e-mail, telephony, and data storage;
               (3)  pursuing pilot programs, including a pilot program
  to demonstrate the value of application management services, to
  identify opportunities to achieve operational efficiencies;
               (4)  developing recommended data storage policies and
  record retention requirements and schedules for state agencies, in
  consultation with the state auditor, the state archivist, the state
  records administrator, and the Texas State Library and Archives
  Commission;
               (5)  reviewing existing software maintenance contracts
  to identify opportunities to renegotiate the price of those
  contracts or the level of service; and
               (6)  partnering with private providers for commonly
  used information resources technologies.
         (c)  A department, commission, board, office, council,
  authority, or other agency of the legislative branch may coordinate
  with and participate in shared service initiatives, pilot programs,
  and the development of the enterprise-based strategy, where
  appropriate.
         (d)  The department, quality assurance team, comptroller,
  and Legislative Budget Board shall work with state agencies to
  improve the acquisition and delivery of information resources
  technologies products and services.
         SECTION 6.  Section 2054.118, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The department, in consultation with the quality
  assurance team and Legislative Budget Board, shall establish
  policies and standards governing the funding of major information
  resources projects.
         SECTION 7.  Subchapter F, Chapter 2054, Government Code, is
  amended by adding Section 2054.123 to read as follows:
         Sec. 2054.123.  STATE MASTER CONTRACT FOR WIRELESS DEVICE OR
  SERVICE. (a)  The department and the comptroller shall develop and
  implement a state master contract for the purchase of wireless
  devices or services.
         (b)  A state agency that purchases a wireless device or
  service shall purchase the device or service through participation
  in the state master contract unless the agency provides to the
  department and the comptroller evidence that the state agency is
  securing the device or service from another source at a lower cost
  than the cost of purchasing the device or service through
  participation in the state master contract.
         SECTION 8.  This Act takes effect September 1, 2011.