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A BILL TO BE ENTITLED
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AN ACT
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relating to the modernization of state agency information |
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technology systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 403, Government Code, is |
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amended by adding Section 403.1105 to read as follows: |
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Sec. 403.1105. TEXAS INNOVATION FUND AND STATE AGENCY |
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TECHNOLOGY UPGRADES ACCOUNT. (a) In this section: |
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(1) "Account" means the state agency technology |
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upgrades account. |
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(2) "Board" means the Texas innovation fund board. |
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(3) "Cloud computing service" has the meaning assigned |
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by Section 2157.007. |
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(4) "Device-as-a-service" means a managed service in |
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which hardware that belongs to a managed service provider is |
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installed at a state agency and a service level agreement defines |
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the responsibilities of each party to the agreement. |
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(5) "Fund" means the Texas innovation fund. |
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(6) "Information technology system" means any |
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equipment or interconnected system or subsystem of equipment used |
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by a state agency, or a person under a contract with a state agency |
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if the contract requires use of the equipment, to acquire, store, |
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analyze, evaluate, manipulate, manage, move, control, display, |
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switch, interchange, transmit, print, copy, scan, or receive data |
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or other information. The term: |
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(A) includes a computer, a device-as-a-service |
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solution, ancillary computer equipment such as imaging, printing, |
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scanning, and copying peripherals and input, output, and storage |
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devices necessary for security and surveillance, peripheral |
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equipment designed to be controlled by the central processing unit |
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of a computer, software and firmware and similar procedures, and |
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services, including support services, and related resources; and |
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(B) does not include equipment acquired by a |
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contractor incidental to a state contract. |
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(7) "Legacy information technology system" means an |
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information technology system that is operated with obsolete or |
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inefficient hardware or software technology. |
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(8) "Qualifying information technology modernization |
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project" means a project by a state agency to: |
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(A) replace the agency's information technology |
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systems; |
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(B) transition the agency's legacy information |
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technology systems to a cloud computing service or other innovative |
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commercial platform or technology; or |
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(C) develop and implement a method to provide |
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adequate, risk-based, and cost-effective information technology |
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responses to threats to the agency's information security. |
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(9) "State agency" has the meaning assigned by Section |
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2254.151. |
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(b) The Texas innovation fund board is established to |
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administer the Texas innovation fund and the state agency |
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technology upgrades account and to make awards of financial |
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assistance to state agencies from the fund or account for |
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qualifying information technology modernization projects. The |
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board is composed of: |
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(1) one member who is a representative of the |
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comptroller, appointed by the comptroller; |
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(2) one member who is a representative of the |
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Department of Information Resources, appointed by the presiding |
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officer of the governing board of the Department of Information |
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Resources; |
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(3) one member who is a representative of the office of |
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the governor, appointed by the governor; |
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(4) two members of the senate, appointed by the |
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lieutenant governor; |
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(5) two members of the house of representatives, |
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appointed by the comptroller from a list provided by the speaker of |
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the house of representatives; and |
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(6) one public member, appointed by the governor. |
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(c) Members of the board serve six-year terms. A board |
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member is not entitled to compensation for service on the board but |
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is entitled to reimbursement of expenses incurred while performing |
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duties as a board member. |
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(d) The Texas innovation fund and the state agency |
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technology upgrades account are special funds outside the state |
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treasury to be used by the board, without further legislative |
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appropriation, as provided by this section. |
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(e) The fund consists of: |
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(1) money appropriated, credited, or transferred to |
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the fund by the legislature; |
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(2) money received by the board for the repayment of a |
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loan made from the fund; and |
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(3) interest and other earnings earned on deposits and |
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investments of money in the fund. |
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(f) The account consists of: |
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(1) money deposited to the account by the comptroller |
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in the manner prescribed by Subsection (h); and |
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(2) interest and other earnings earned on deposits and |
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investments of money in the account. |
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(g) The comptroller, in consultation with the Department of |
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Information Resources, shall establish a loan program to authorize |
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the board to use money from the fund to provide loans to state |
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agencies for qualifying information technology modernization |
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projects. A state agency must apply to the board for a loan from the |
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fund. The application must include a description of the qualifying |
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information technology modernization project for which the state |
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agency is requesting a loan. A loan agreement entered into under |
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this subsection must require the state agency to: |
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(1) repay the loan to the board within seven years of |
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the date the loan is made to the agency; and |
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(2) make annual reports to the board identifying cost |
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savings realized by the agency as a result of the project for which |
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the agency received the loan. |
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(h) At the end of each state fiscal year, on the written |
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request of a state agency, the comptroller shall deposit to the |
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account the unexpended balance of any money appropriated to the |
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agency for that state fiscal year that is budgeted by the agency for |
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information technology services or cybersecurity purposes. A state |
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agency may request money from the account from the board at any time |
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for a qualifying information technology modernization project. |
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(i) The comptroller shall separately account for the amount |
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of money deposited to the account at the request of each state |
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agency under Subsection (h). Money deposited to the account under |
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Subsection (h) and any interest and other earnings on that money may |
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be provided only to the state agency for which the comptroller |
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deposited the money to the account and may be used by the agency |
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only for a qualifying information technology modernization |
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project. |
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(j) Any money deposited to the account at the request of a |
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state agency under Subsection (h) that is not requested by the |
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agency within three years from the date the money is deposited shall |
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be transferred by the comptroller to the general revenue fund to be |
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used in accordance with legislative appropriation. |
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(k) A state agency that receives money from the fund or the |
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account may collaborate with one or more other state agencies that |
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also receive money from the fund or the account to purchase |
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information technology systems that may be shared between the |
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agencies. |
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(l) The comptroller may adopt rules to implement and |
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administer this section. |
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SECTION 2. This Act takes effect September 1, 2019. |