86R2569 CJC-F
  By: Capriglione H.B. No. 1096
  relating to the modernization of state agency information
  technology systems.
         SECTION 1.  Subchapter G, Chapter 403, Government Code, is
  amended by adding Section 403.1105 to read as follows:
  In this section:
               (1)  "Account" means the state technology
  modernization account.
               (2)  "Cloud computing service" has the meaning assigned
  by Section 2157.007.
               (3)  "Information technology system" means any
  equipment or interconnected system or subsystem of equipment used
  by a state agency, or a person under a contract with a state agency
  if the contract requires use of the equipment, to acquire, store,
  analyze, evaluate, manipulate, manage, move, control, display,
  switch, interchange, transmit, or receive data or other
  information. The term:
                     (A)  includes a computer, ancillary computer
  equipment such as imaging peripherals and input, output, and
  storage devices necessary for security and surveillance,
  peripheral equipment designed to be controlled by the central
  processing unit of a computer, software and firmware and similar
  procedures, and services, including support services, and related
  resources; and
                     (B)  does not include equipment acquired by a
  contractor incidental to a state contract.
               (4)  "Legacy information technology system" means an
  information technology system that is operated with obsolete or
  inefficient hardware or software technology.
               (5)  "State agency" has the meaning assigned by Section
         (b)  The state technology modernization account is a
  dedicated account in the general revenue fund.
         (c)  The account consists of:
               (1)  money appropriated, credited, or transferred to
  the account by the legislature;
               (2)  any federal money appropriated, credited, or
  transferred to the account; 
               (3)  money deposited to the account by the comptroller
  in the manner prescribed by Subsection (e); and
               (4)  interest and other earnings earned on deposits and
  investments of money in the account.
         (d)  Except as provided by Subsection (f), money in the
  account may be appropriated to a state agency only for the purposes
               (1)  replacing the agency's information technology
               (2)  transitioning the agency's legacy information
  technology systems to a cloud computing service;
               (3)  assisting the agency's efforts to provide
  adequate, risk-based, and cost-effective information technology
  responses to threats to the agency's information security; and
               (4)  subject to the approval of the chief information
  officer of the agency to which the money is appropriated,
  reimbursing the account for any money appropriated to the agency
  that exceeds the amount of money needed by the agency for the
  purposes described by Subdivisions (1)-(3).
         (e)  At the end of each state fiscal year, on the written
  request of a state agency, the comptroller shall deposit to the
  credit of the account the unexpended balance of any money
  appropriated to the agency for that state fiscal year that is
  budgeted by the agency for information technology services or
  cybersecurity purposes.
         (f)  The comptroller shall separately account for the amount
  of money deposited to the credit of the account at the request of
  each state agency under Subsection (e). Money deposited to the
  credit of the account under Subsection (e) and any interest and
  other earnings on that money may be appropriated only to the state
  agency for which the comptroller deposited the money to the account
  and may be used by the agency only for a purpose described by
  Subsection (d).
         (g)  Any money deposited to the credit of the account at the
  request of a state agency under Subsection (e) that is not
  appropriated to the agency within two years from the date the money
  is deposited is no longer dedicated for the purposes described by
  Subsection (d), and the comptroller shall make that money available
  in the general revenue fund to be used in accordance with
  legislative appropriation.
         (h)  A state agency that receives an appropriation from the
  account may collaborate with one or more other state agencies that
  receive such an appropriation to purchase information technology
  systems that may be shared between the agencies.
         (i)  The comptroller may adopt rules to implement and
  administer this section.
         SECTION 2.  This Act takes effect September 1, 2019.