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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. STATE TECHNOLOGY MODERNIZATION ACCOUNT. (a) |
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In this section: |
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(1) "Account" means the state technology |
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modernization account. |
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(2) "Cloud computing service" has the meaning assigned |
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by Section 2157.007. |
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(3) "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, or receive data or other |
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information. The term: |
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(A) includes a computer, ancillary computer |
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equipment such as imaging peripherals and input, output, and |
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storage devices necessary for security and surveillance, |
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peripheral equipment designed to be controlled by the central |
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processing unit of a computer, software and firmware and similar |
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procedures, and services, including support services, and related |
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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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(4) "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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(5) "State agency" has the meaning assigned by Section |
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2254.151. |
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(b) The state technology modernization account is a |
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dedicated account in the general revenue fund. |
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(c) The account consists of: |
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(1) money appropriated, credited, or transferred to |
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the account by the legislature; |
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(2) any federal money appropriated, credited, or |
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transferred to the account; |
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(3) money deposited to the account by the comptroller |
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in the manner prescribed by Subsection (e); and |
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(4) interest and other earnings earned on deposits and |
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investments of money in the account. |
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(d) Except as provided by Subsection (f), money in the |
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account may be appropriated to a state agency only for the purposes |
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of: |
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(1) replacing the agency's information technology |
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systems; |
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(2) transitioning the agency's legacy information |
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technology systems to a cloud computing service; |
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(3) assisting the agency's efforts 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; and |
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(4) subject to the approval of the chief information |
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officer of the agency to which the money is appropriated, |
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reimbursing the account for any money appropriated to the agency |
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that exceeds the amount of money needed by the agency for the |
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purposes described by Subdivisions (1)-(3). |
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(e) 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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credit of the account the unexpended balance of any money |
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appropriated to the agency for that state fiscal year that is |
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budgeted by the agency for information technology services or |
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cybersecurity purposes. |
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(f) The comptroller shall separately account for the amount |
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of money deposited to the credit of the account at the request of |
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each state agency under Subsection (e). Money deposited to the |
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credit of the account under Subsection (e) and any interest and |
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other earnings on that money may be appropriated only to the state |
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agency for which the comptroller deposited the money to the account |
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and may be used by the agency only for a purpose described by |
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Subsection (d). |
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(g) Any money deposited to the credit of the account at the |
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request of a state agency under Subsection (e) that is not |
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appropriated to the agency within two years from the date the money |
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is deposited is no longer dedicated for the purposes described by |
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Subsection (d), and the comptroller shall make that money available |
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in the general revenue fund to be used in accordance with |
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legislative appropriation. |
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(h) A state agency that receives an appropriation from the |
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account may collaborate with one or more other state agencies that |
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receive such an appropriation to purchase information technology |
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systems that may be shared between the agencies. |
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(i) 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. |