87R8646 CJC-D
 
  By: Guillen H.B. No. 2671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operations, communications, and notice procedures
  of state agencies and political subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 441, Government Code, is
  amended by adding Section 441.0135 to read as follows:
         Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
  1 of each 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 as defined by Section 441.180. 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 to prepare the report. The
  commission shall prescribe the method by which a state agency
  transmits to the commission information necessary to prepare the
  report, and may require the information to be submitted using the
  state electronic Internet portal. 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.
         (b)  The report required by Subsection (a) must be:
               (1)  made available to the public; and
               (2)  indexed by preparing agency, title of report, and
  report recipient.
         SECTION 2.  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 e-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 3.  Chapter 2052, Government Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. 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) of this section, 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, 2023, 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, 2023. This subsection expires September
  1, 2024.
         SECTION 4.  Subchapter F, Chapter 2054, Government Code, is
  amended by adding Section 2054.1116 to read as follows:
         Sec. 2054.1116.  USE OF STATE ELECTRONIC INTERNET PORTAL FOR
  CERTAIN REPORTS. (a) 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 state electronic Internet
  portal 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.
         (b)  The department shall collaborate with the Texas State
  Library and Archives Commission to develop and provide 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 state electronic Internet
  portal; and
               (2)  the retention requirements for those reports.
         (c)  The Texas State Library and Archives Commission shall
  monitor the effectiveness of state agency use of the state
  electronic Internet portal for the purposes provided under this
  section.
         (d)  A state agency that posts a report using the state
  electronic Internet portal 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 state electronic Internet
  portal on the agency's Internet website.
         SECTION 5.  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, 2022, 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, 2023.
         SECTION 6.  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 e-mail.
         (e-1)  If the notice under Subsection (e) is sent by
  certified e-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 7.  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 e-mail to an e-mail address specified by
  the deputy commissioner for the purpose of receiving the notice.
         SECTION 8.  A state agency is not required to comply with
  Section 2054.1116, Government Code, as added by this Act, until the
  Department of Information Resources notifies the agency that the
  state electronic Internet portal project is configured to allow
  compliance by the agency with that section.
         SECTION 9.  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 10.  This Act takes effect September 1, 2021.