H.B. No. 4018

AN ACT

relating to legislative oversight and funding of improvement and modernization projects for state agency information resources.

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

SECTION 1. Subchapter Q, Chapter 2054, Government Code, is amended by adding Sections 2054.577 and 2054.578 to read as follows:

Sec. 2054.577. TECHNOLOGY IMPROVEMENT AND MODERNIZATION FUND. (a) The technology improvement and modernization fund is a special fund in the state treasury outside the general revenue fund.

(b) The fund consists of:

(1) money transferred or deposited to the credit of the fund at the direction of the legislature;

(2) money received from the federal government for the purposes of improving and modernizing state agency information resources;

(3) gifts, donations, and grants to the fund, including federal grants; and

(4) interest earned on the investment of money in the fund.

(c) Money in the fund:

(1) may be used to improve and modernize state agency information resources, including legacy system projects and cybersecurity projects; and

(2) may not be used to replace money appropriated to a state agency for the purposes of operating and maintaining state agency information resources or reduce the amount of money appropriated to a state agency for those purposes.

(d) Section 404.071 does not apply to the fund.

(e) In this section, "state agency" has the meaning assigned by Section 2052.101.

Sec. 2054.578. JOINT OVERSIGHT COMMITTEE ON INVESTMENT IN INFORMATION TECHNOLOGY IMPROVEMENT AND MODERNIZATION PROJECTS. (a) In this section:

(1) "Committee" means the Joint Oversight Committee on Investment in Information Technology Improvement and Modernization Projects.

(2) "State agency" has the meaning assigned by Section 2052.101.

(b) The committee is created to review investment and funding strategies for projects to improve or modernize state agency information resources technologies.

(c) The committee is composed of six members as follows:

(1) three members of the senate appointed by the lieutenant governor; and

(2) three members of the house of representatives appointed by the speaker of the house of representatives.

(d) The presiding officer of the committee shall alternate annually between:

(1) a member of the senate appointed by the lieutenant governor; and

(2) a member of the house of representatives appointed by the speaker of the house of representatives.

(e) A vacancy on the committee shall be filled in the same manner as the original appointment.

(f) The committee biennially shall provide a written report to the legislature that:

(1) identifies:

(A) existing and planned projects to improve or modernize state agency information resources technologies; and

(B) the method of funding for each project identified by the committee under Paragraph (A); and

(2) includes:

(A) a determination by the committee of the amount necessary to fully fund each project identified under Subdivision (1) to completion; and

(B) strategies developed by the committee to ensure a long-term investment solution for projects to improve or modernize state agency information resources technologies is in place, including strategies to:

(i) access the full amount of federal money available for those projects; and

(ii) use information gathered by the department during previous projects to improve the management, oversight, and transparency of future projects.

(g) The department shall provide staff support for the committee.

(h) The committee:

(1) has the powers of a joint committee; and

(2) may obtain funding in the same manner as a joint committee.

(i) The rules adopted by the 87th Legislature for the administration of joint committees apply to the committee to the extent the rules are consistent with this section.

(j) The committee is abolished and this section expires September 1, 2026.

SECTION 2. (a) Not later than October 1, 2022, each state agency in the executive and legislative branches of state government, using money appropriated to the agency by this state, shall prepare an agency-wide plan outlining the manner in which the agency intends to transition its information technology and data-related services and capabilities into a more modern, integrated, secure, and effective technological environment.

(b) Not later than March 31, 2022, the Joint Oversight Committee on Investment in Information Technology Improvement and Modernization Projects, in consultation with the Department of Information Resources, shall prescribe the form, contents, and manner of submission of the plan required under Subsection (a) of this section.

(c) Each state agency shall submit the plan developed under this section to the:

(1) Department of Information Resources;

(2) Joint Oversight Committee on Investment in Information Technology Improvement and Modernization Projects; and

(3) standing committees of the senate and house of representatives with primary jurisdiction over state agency information technology.

SECTION 3. (a) In this section, "committee" means the Joint Oversight Committee on Investment in Information Technology Improvement and Modernization Projects.

(b) The lieutenant governor and the speaker of the house of representatives shall make appointments to the committee not later than the 30th day after the effective date of this Act.

(c) The speaker of the house of representatives shall appoint the initial presiding officer of the committee.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 4018 was passed by the House on May 11, 2021, by the following vote: Yeas 120, Nays 22, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 4018 on May 28, 2021, by the following vote: Yeas 117, Nays 26, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 4018 was passed by the Senate, with amendments, on May 27, 2021, by the following vote: Yeas 30, Nays 1.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor