By: Guillen, Schofield, Rinaldi H.B. No. 2305

A BILL TO BE ENTITLED

AN ACT

relating to the operations, reports, records, communications, information technology, and notice procedures of state agencies and to the electronic publication of certain state legal materials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter G, Chapter 441, Government Code, is amended to read as follows:

SUBCHAPTER G. STATE PUBLICATIONS AND REPORTS

SECTION 2. Section 441.101, Government Code, is amended by adding Subdivision (5) to read as follows:

(5) "Texas Digital Archive" means the digital repository maintained and operated by the commission for the preservation of and access to permanently valuable copies of archival state records, reports, and publications.

SECTION 3. Subchapter G, Chapter 441, Government Code, is amended by adding Sections 441.107 and 441.108 to read as follows:

Sec. 441.107. REPORT OF REPORTS. (a) Notwithstanding Section 441.101, in this section, "state agency" has the meaning assigned by Section 441.180.

(b) Not later than January 1 of every other odd-numbered year, the commission shall submit to the governor and the Legislative Budget Board a written report regarding all statutorily required reports prepared by and submitted to a state agency. The commission may consult with other state agencies in preparing the report. A state agency shall cooperate with the commission in securing the information necessary for preparing the report and shall submit that information to the commission. The commission shall prescribe the time and manner in which a state agency transmits the information necessary to prepare the report, and may require the information to be submitted using the Texas Digital Archive. The report must include for each statutorily required report:

(1) the title of and the agency preparing the report;

(2) the statutory authority requiring the report;

(3) the recipient of the report;

(4) the deadline for submitting the report;

(5) a brief description of the report; and

(6) an assessment from each recipient of the report whether the report is necessary.

(c) The report required by Subsection (b) must:

(1) be made available to the public; and

(2) provide indices by preparing agency, title of report, and report recipient.

Sec. 441.108. STATE AGENCY USE OF TEXAS DIGITAL ARCHIVE FOR CERTAIN REPORTS. (a) Notwithstanding Section 441.101, in this section, "state agency" has the meaning assigned by Section 2054.003.

(b) To the extent a report prepared by a state agency is not confidential or excepted from the requirements of Section 552.021, the agency shall use the Texas Digital Archive to submit or post the report if the report is required by a statute, rule, or rider in the General Appropriations Act to be submitted to:

(1) the governor;

(2) a member, agency, or committee of the legislature;

(3) another state agency; or

(4) the public.

(c) The commission shall develop and make accessible to each state agency guidelines that assist the agency in determining:

(1) the reports prepared by the agency that are appropriate for submission through the Texas Digital Archive; and

(2) the retention requirements for those reports.

(d) The commission shall monitor the effectiveness of state agency use of the Texas Digital Archive for the purposes provided under this section.

(e) A state agency that posts a report using the Texas Digital Archive satisfies any requirement in state law that the agency post the report on the agency's Internet website if the agency posts a direct link to the Texas Digital Archive on the agency's Internet website.

SECTION 4. Section 2001.026, Government Code, is amended to read as follows:

Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE OF PROPOSED RULES. A state agency shall provide [mail] notice of a proposed rule to each person who has made a timely written request of the agency for advance notice of its rulemaking proceedings. The agency may provide the notice by electronic mail if the person requests electronic delivery of the notice and includes an e-mail address in the person's written request submitted to the agency. Failure to provide [mail] the notice does not invalidate an action taken or rule adopted.

SECTION 5. Chapter 2051, Government Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. UNIFORM ELECTRONIC LEGAL MATERIAL ACT

Sec. 2051.151. SHORT TITLE. This subchapter may be cited as the Uniform Electronic Legal Material Act.

Sec. 2051.152. DEFINITIONS. In this subchapter:

(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2) "Legal material" means, whether or not in effect:

(A) the constitution of this state;

(B) the general or special laws passed in a regular or special session of the Texas Legislature; and

(C) a state agency rule adopted in accordance with Chapter 2001.

(3) "Official publisher" means:

(A) for legal material described by Subdivision (2)(A), the Texas Legislative Council; and

(B) for legal material described by Subdivision (2)(B) or (C), the secretary of state.

(4) "Publish" means displaying, presenting, or releasing to the public, or causing to be displayed, presented, or released to the public, legal material by the official publisher.

(5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Sec. 2051.153. APPLICABILITY. (a) This subchapter applies to all legal material in an electronic record that is:

(1) designated as official by the official publisher under Section 2051.154; and

(2) first published electronically by the official publisher on or after January 1, 2019.

(b) The official publisher is not required to publish legal material on or before the date on which the legal material takes effect.

Sec. 2051.154. LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD. (a) If the official publisher publishes legal material only in an electronic record, the official publisher shall:

(1) designate the electronic record as official; and

(2) comply with Sections 2051.155, 2051.157, and 2051.158.

(b) If the official publisher publishes legal material in an electronic record and also publishes the material in a record other than an electronic record, the official publisher may designate the electronic record as official if the official publisher complies with Sections 2051.155, 2051.157, and 2051.158.

Sec. 2051.155. AUTHENTICATION OF OFFICIAL ELECTRONIC RECORD. (a) If the official publisher designates an electronic record as official in accordance with Section 2051.154, the official publisher shall authenticate the record.

(b) The official publisher authenticates an electronic record by providing a method with which a person viewing the electronic record is able to determine that the electronic record is unaltered from the official record published by the official publisher.

Sec. 2051.156. EFFECT OF AUTHENTICATION. (a) Legal material in an electronic record that is authenticated as provided by Section 2051.155 is presumed to be an accurate copy of the legal material.

(b) If another state has adopted a law that is substantially similar to this subchapter, legal material in an electronic record that is authenticated in that state is presumed to be an accurate copy of the legal material.

(c) A party contesting the authenticity of legal material in an electronic record authenticated as provided by Section 2051.155 has the burden of proving by a preponderance of the evidence that the record is not authentic.

Sec. 2051.157. PRESERVATION AND SECURITY OF LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD. (a) The official publisher of legal material in an electronic record designated as official in accordance with Section 2051.154 shall provide for the preservation and security of the record in an electronic form or in a form that is not electronic.

(b) If legal material is preserved under Subsection (a) in an electronic record, the official publisher shall:

(1) ensure the integrity of the record;

(2) provide for backup and disaster recovery of the record; and

(3) ensure the continuing usability of the legal material in the record.

Sec. 2051.158. PUBLIC ACCESS. The official publisher of legal material in an electronic record that is required to be preserved under Section 2051.157 shall ensure that the material is reasonably available for use by the public on a permanent basis.

Sec. 2051.159. STANDARDS. In implementing this subchapter, the official publisher of legal material in an electronic record shall consider:

(1) the standards and practices of other jurisdictions;

(2) the most recent standards regarding authentication, preservation, and security of and public access to legal material in an electronic record and other electronic records, as adopted by national standard-setting bodies;

(3) the needs of users of legal material in electronic records;

(4) the views of governmental officials and entities and other interested persons; and

(5) to the extent practicable, the methods and technologies for the authentication, preservation, and security of and public access to legal material that are compatible with the methods and technologies used by official publishers in other states that have adopted a law that is substantially similar to this subchapter.

Sec. 2051.160. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this subchapter among the states that enact a law similar to this subchapter.

Sec. 2051.161. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).

SECTION 6. Chapter 2052, Government Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS

Sec. 2052.401. DEFINITION. In this subchapter, "state agency" means a department, commission, board, office, council, authority, or other agency that is in the executive, legislative, or judicial branch of state government and that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code.

Sec. 2052.402. TRANSMISSION AND RECEIPT OF DOCUMENTS. (a) A state agency may transmit and receive state documents in a format prescribed by the agency and in any manner that the agency determines will increase agency efficiency without compromising the delivery of the agency's program to the public.

(b) A state agency that transmits and receives state documents using the Internet or another electronic medium shall by rule develop electronic communication procedures for the agency.

(c) Notwithstanding Subsection (a), a state agency may continue to use established procedures prescribed by state law or agency policy for the transmission and receipt of documents, including the delivery of certain publications that exist in physical format to a depository library as required by Section 441.103.

(d) This section does not authorize the electronic transmission or receipt of documents that are prohibited from being electronically transmitted or received under federal law.

(e) To the extent of any conflict, this section prevails over any other state law relating to the transmission and receipt of state agency documents.

(f) A state agency shall include in the agency's legislative appropriations request submitted to the Legislative Budget Board for the state fiscal biennium beginning September 1, 2019, a report on any cost savings or achievements in efficiency recognized from implementing a change in the agency's procedures for the transmission and receipt of state documents during the state fiscal biennium ending August 31, 2019. This subsection expires September 1, 2020.

SECTION 7. (a) Section 2054.1183, Government Code, is amended to read as follows:

Sec. 2054.1183. ANNUAL REPORT ON MAJOR INFORMATION RESOURCES PROJECTS. (a) Not later than December 1 of each year, the quality assurance team shall report on the status of major information resources projects to the:

(1) governor;

(2) lieutenant governor;

(3) speaker of the house of representatives;

(4) presiding officer of the committee in the house of representatives with primary responsibility for appropriations; and

(5) presiding officer of the committee in the senate with primary responsibility for appropriations.

(b) The annual report must include:

(1) the current status of each major information resources project; and

(2) information regarding the performance indicators developed under Section 2054.159 for each major information resources project at each stage of the project's life cycle.

(b) Subchapter G, Chapter 2054, Government Code, is amended by adding Section 2054.159 to read as follows:

Sec. 2054.159. MAJOR INFORMATION RESOURCES PROJECT MONITORING. (a) For the entire life cycle of each major information resources project, the quality assurance team shall monitor and report on performance indicators for each project, including schedule, cost, scope, and quality.

(b) The department by rule shall develop the performance indicators the quality assurance team is required to monitor under Subsection (a). In adopting rules under this subsection, the department shall consider applicable information technology industry standards.

(c) If the quality assurance team determines that a major information resources project is not likely to achieve the performance objectives for the project, the quality assurance team shall place the project on a list for more intense monitoring by the quality assurance team.

(d) The quality assurance team shall closely monitor monthly reports for each major information resources project identified under Subsection (c) and, based on criteria developed by the department, determine whether to recommend to the executive director the need to initiate corrective action for the project.

(e) The department shall create and maintain on the department's Internet website a user-friendly data visualization tool that provides an analysis and visual representation of the performance indicators developed under Subsection (b) for each major information resources project.

(c) Not later than December 1, 2017, the Department of Information Resources shall adopt rules to implement Section 2054.159, Government Code, as added by this section.

(d) This section takes effect January 1, 2018.

SECTION 8. Subchapter C, Chapter 2171, Government Code, is amended by adding Section 2171.106 to read as follows:

Sec. 2171.106. MANAGEMENT OF VEHICLE FLEET BY STATE AGENCY. (a) Each state agency shall:

(1) as the state agency considers necessary, evaluate the effectiveness and efficiency of the agency's vehicle fleet management, including the agency's vehicle acquisition methods and interagency agreements to operate vehicle maintenance and repair facilities that are owned or operated by this state; and

(2) establish and maintain a schedule for replacing the agency's vehicles.

(b) Based on the state agency's findings from the evaluation conducted under Subsection (a)(1), the agency shall implement any measures that will increase the agency's effectiveness and efficiency in managing the agency's vehicle fleet.

(c) A state agency shall conduct the first evaluation required by Subsection (a)(1) and implement the findings from that evaluation as required by Subsection (b) not later than August 31, 2019. This subsection expires December 31, 2019.

SECTION 9. Subchapter A, Chapter 2176, Government Code, is amended by adding Section 2176.007 to read as follows:

Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a) The comptroller shall conduct a study on the mail operations of each state agency in the executive branch of state government that receives an appropriation. The study must identify provisions of law relating to the mailing requirements for the agency that impede the efficient transmission and receipt of documents by the agency.

(b) In conducting the study, the comptroller shall collaborate with other state agencies to consider the needs or concerns specific to those agencies.

(c) Not later than November 1, 2018, the comptroller shall post the findings of the study conducted under this section on the comptroller's Internet website.

(d) This section expires September 1, 2019.

SECTION 10. Section 243.015, Health and Safety Code, is amended by amending Subsection (e) and adding Subsections (e-1) and (e-2) to read as follows:

(e) If the department initially determines that a violation occurred, the department shall give written notice of the report [by certified mail] to the person. Notwithstanding any other law, the notice may be provided by any certified delivery method, including certified mail or certified electronic mail.

(e-1) If the notice under Subsection (e) is sent by certified electronic mail:

(1) it must be sent to the person's last known e-mail address as provided by the person to the department; and

(2) the department shall maintain proof that the notice was sent.

(e-2) For purposes of Subsection (e), a person's provision of an e-mail address to the department is considered consent to electronically deliver notices and correspondence to the person.

SECTION 11. Sections 21.010(a), (d), and (e), Labor Code, are amended to read as follows:

(a) Each state agency shall provide to employees of the agency a [an employment discrimination] training program on the prevention of employment discrimination [that complies with this section].

(d) The commission shall develop materials for use by state agencies in providing the [employment discrimination] training program [as] required by this section.

(e) Each state agency shall require an employee of the agency who completes the [attends a] training program required by this section to verify [sign a statement verifying] the employee's completion of [attendance at] the training program in the manner prescribed by the agency. The agency shall:

(1) file a document that verifies the employee's completion of the training program [the statement] in the employee's personnel file; or

(2) retain an electronic record that verifies the employee's completion of the training program in accordance with the record retention requirements applicable to the agency.

SECTION 12. Section 11.082(a), Natural Resources Code, is amended to read as follows:

(a) A state agency or political subdivision may not formally take any action that may affect state land dedicated to the permanent school fund without first giving notice of the action to the board. Notice of the proposed action shall be delivered [by certified mail, return receipt requested, addressed to the deputy commissioner of the asset management division of the General Land Office] on or before the state agency's or political subdivision's formal initiation of the action by:

(1) certified mail, return receipt requested, addressed to the deputy commissioner of the asset management division of the General Land Office; or

(2) certified electronic mail to an e-mail address specified by the deputy commissioner for the purpose of receiving the notice.

SECTION 13. Section 301.160, Occupations Code, is amended by adding Subsection (k) to read as follows:

(k) Notwithstanding Subsection (j), the board may deliver the report under that subsection by certified electronic mail if the recipient provides an e-mail address to the board for the purpose of receiving the report.

SECTION 14. Section 228.0545, Transportation Code, is amended by adding Subsection (e) to read as follows:

(e) The department may provide that the notice under Subsection (c), instead of being sent by first class mail, be sent as an electronic record to a registered owner that agrees to the terms of the electronic record transmission of the information.

SECTION 15. (a) Section 552.139, Government Code, is amended by amending Subsection (b) and adding Subsections (b-1) and (d) to read as follows:

(b) The following information is confidential:

(1) a computer network vulnerability report;

(2) any other assessment of the extent to which data processing operations, a computer, a computer program, network, system, or system interface, or software of a governmental body or of a contractor of a governmental body is vulnerable to unauthorized access or harm, including an assessment of the extent to which the governmental body's or contractor's electronically stored information containing sensitive or critical information is vulnerable to alteration, damage, erasure, or inappropriate use; [and]

(3) a photocopy or other copy of an identification badge issued to an official or employee of a governmental body; and

(4) information directly arising from a governmental body's routine efforts to prevent, detect, investigate, or mitigate a computer security incident, including information contained in or derived from an information security log.

(b-1) Subsection (b)(4) does not affect the notification requirements related to a breach of system security as defined by Section 521.053, Business & Commerce Code.

(d) A state agency shall redact from a contract posted on the agency's Internet website under Section 2261.253 information that is made confidential by, or excepted from required public disclosure under, this section. The redaction of information under this subsection does not exempt the information from the requirements of Section 552.021 or 552.221.

(b) Subchapter C, Chapter 2054, Government Code, is amended by adding Section 2054.068 to read as follows:

Sec. 2054.068. INFORMATION TECHNOLOGY INFRASTRUCTURE REPORT. (a) In this section, "information technology" includes information resources and information resources technologies.

(b) The department shall collect from each state agency information on the status and condition of the agency's information technology infrastructure, including information regarding:

(1) the agency's information security program;

(2) an inventory of the agency's servers, mainframes, cloud services, and other information technology equipment;

(3) identification of vendors that operate and manage the agency's information technology infrastructure; and

(4) any additional related information requested by the department.

(c) A state agency shall provide the information required by Subsection (b) to the department according to a schedule determined by the department.

(d) Not later than November 15 of each even-numbered year, the department shall submit to the governor, chair of the house appropriations committee, chair of the senate finance committee, speaker of the house of representatives, lieutenant governor, and staff of the Legislative Budget Board a consolidated report of the information submitted by state agencies under Subsection (b).

(e) The consolidated report required by Subsection (d) must:

(1) include an analysis and assessment of each state agency's security and operational risks; and

(2) for a state agency found to be at higher security and operational risks, include a detailed analysis of, and an estimate of the costs to implement, the:

(A) requirements for the agency to address the risks and related vulnerabilities; and

(B) agency's efforts to address the risks through the:

(i) modernization of information technology systems;

(ii) use of cloud services; and

(iii) use of a statewide technology center established by the department.

(f) With the exception of information that is confidential under Chapter 552, including Section 552.139, or other state or federal law, the consolidated report submitted under Subsection (d) is public information and must be released or made available to the public on request. A governmental body as defined by Section 552.003 may withhold information confidential under Chapter 552, including Section 552.139, or other state or federal law that is contained in a consolidated report released under this subsection without the necessity of requesting a decision from the attorney general under Subchapter G, Chapter 552.

(g) This section does not apply to an institution of higher education or university system, as defined by Section 61.003, Education Code.

(c) Section 2054.0965(a), Government Code, is amended to read as follows:

(a) Not later than March 31 [December 1] of each even-numbered [odd-numbered] year, a state agency shall complete a review of the operational aspects of the agency's information resources deployment following instructions developed by the department.

(d) Section 2157.007, Government Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows:

(b) A state agency shall [may] consider cloud computing service options, including any security benefits and cost savings associated with purchasing those service options from a cloud computing service provider and from a statewide technology center established by the department, when making purchases for a major information resources project under Section 2054.118.

(e) Not later than November 15 of each even-numbered year, the department, using existing resources, shall submit a report to the governor, lieutenant governor, and speaker of the house of representatives on the use of cloud computing service options by state agencies. The report must include use cases that provided cost savings and other benefits, including security enhancements. A state agency shall cooperate with the department in the creation of the report by providing timely and accurate information and any assistance required by the department.

(e) Sections 552.139(b)(4) and (b-1), Government Code, as added by this section, apply only to a request for public information received on or after the effective date of this Act. A request received before the effective date of this Act is governed by the law in effect when the request was received, and the former law is continued in effect for that purpose.

SECTION 16. (a) The Department of Information Resources shall conduct an interim study on state reliance on the use of paper documents, including current requirements that certain state documents be mailed, for the purpose of reducing the state's volume of paper transactions and increasing governmental efficiency.

(b) The study must include:

(1) recommendations on opportunities to increase operational efficiency in state government through a reduction in the use of paper documents; and

(2) strategies to replace the use of paper documents with electronic documents and to automate state transactions to better meet the needs of residents of this state.

(c) The Department of Information Resources shall submit a report on the findings of the study to the governor, lieutenant governor, speaker of the house of representatives, and Legislative Budget Board.

(d) This section expires September 1, 2019.

SECTION 17. This Act may not be construed as exempting a state agency from complying with any applicable law that requires the state agency to physically post notice to the public in a paper format, including Chapter 551, Government Code.

SECTION 18. A state agency is not required to comply with Section 441.108, Government Code, as added by this Act, until the Texas State Library and Archives Commission notifies the agency that the Texas Digital Archive, as defined by Section 441.101, Government Code, as amended by this Act, is configured to allow compliance by the agency with that section.

SECTION 19. The changes in law made by this Act relating to the method of delivery or submission of a notice or report apply only to a notice or report that is required to be delivered or submitted on or after the effective date of this Act. A notice or report required to be delivered or submitted before the effective date of this Act is governed by the law in effect on the date the notice or report was required to be delivered or submitted, and the former law is continued in effect for that purpose.

SECTION 20. The first report required under Section 441.107, Government Code, as added by this Act, is due not later than January 1, 2021.

SECTION 21. (a) An official publisher in the executive branch of state government shall comply with the applicable provisions of Subchapter E, Chapter 2051, Government Code, as added by this Act, in accordance with an implementation plan developed under Subsection (b) of this section.

(b) The Records Management Interagency Coordinating Council and an official publisher in the executive branch of state government are jointly responsible for developing an implementation plan for the applicable provisions of Subchapter E, Chapter 2051, Government Code, as added by this Act. The implementation plan must:

(1) for each applicable type of legal material defined by Subchapter E, Chapter 2051, Government Code, as added by this Act, advise as to the method by which the legal material may be authenticated, preserved, and made available on a permanent basis; and

(2) establish a timeline for the official publisher to comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as added by this Act.

(c) The implementation plan developed under Subsection (b) of this section may provide for compliance by an official publisher in the executive branch of state government with Sections 2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as added by this Act, to be phased in over a period of time.

(d) The Records Management Interagency Coordinating Council shall provide the implementation plan developed under Subsection (b) of this section to the legislature not later than September 1, 2018.

SECTION 22. (a) An official publisher in the legislative branch of state government shall comply with the applicable provisions of Subchapter E, Chapter 2051, Government Code, as added by this Act, in accordance with an implementation plan developed under Subsection (b) of this section.

(b) An official publisher in the legislative branch of state government, in consultation with the lieutenant governor, the speaker of the house of representatives, the Senate Committee on Administration, and the House Committee on Administration, shall develop an implementation plan for the applicable provisions of Subchapter E, Chapter 2051, Government Code, as added by this Act. The implementation plan must:

(1) for each applicable type of legal material defined by Subchapter E, Chapter 2051, Government Code, as added by this Act, recommend the method by which the legal material may be authenticated, preserved, and made available on a permanent basis; and

(2) establish a timeline for the official publisher to comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as added by this Act.

(c) The implementation plan developed under Subsection (b) of this section may provide for compliance by an official publisher in the legislative branch of state government with Sections 2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as added by this Act, to be phased in over a period of time.

(d) An official publisher in the legislative branch of state government shall provide the implementation plan developed under Subsection (b) of this section to the lieutenant governor and speaker of the house of representatives not later than September 1, 2018.

SECTION 23. Except as otherwise provided by this Act, this Act takes effect September 1, 2017.