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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain entities for services and |
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commodity items provided by the Department of Information Resources |
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and statewide technology centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2054, Government Code, is |
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amended by adding Section 2054.0525 to read as follows: |
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Sec. 2054.0525. CUSTOMERS ELIGIBLE FOR DEPARTMENT |
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SERVICES. If the executive director determines that participation |
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is in the best interest of this state, the following entities are |
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eligible customers for services the department provides: |
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(1) a state agency; |
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(2) a local government; |
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(3) the legislature or a legislative agency; |
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(4) the supreme court, the court of criminal appeals, |
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or a court of appeals; |
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(5) a public hospital owned or operated by this state |
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or a political subdivision or municipal corporation of this state, |
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including a hospital district or hospital authority; |
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(6) an independent organization certified under |
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Section 39.151, Utilities Code, for the ERCOT power region; |
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(7) the Texas Permanent School Fund Corporation; |
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(8) an assistance organization, as defined by Section |
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2175.001; |
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(9) an open-enrollment charter school, as defined by |
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Section 5.001, Education Code; |
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(10) a private school, as defined by Section 5.001, |
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Education Code; |
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(11) a private or independent institution of higher |
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education, as defined by Section 61.003, Education Code; |
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(12) a public safety entity, as defined by 47 U.S.C. |
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Section 1401; |
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(13) a volunteer fire department, as defined by |
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Section 152.001, Tax Code; and |
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(14) a governmental entity of another state. |
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SECTION 2. Section 2054.375(1), Government Code, is amended |
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to read as follows: |
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(1) "Eligible [Governmental] entity" means an entity |
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listed in Section 2054.0525 [a state agency or local government]. |
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SECTION 3. Sections 2054.376(a), (a-1), and (b), Government |
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Code, are amended to read as follows: |
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(a) This subchapter applies to all information resources |
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technologies, other than telecommunications services governed by |
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Chapter 2170 [service, advanced communications services, or |
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information service, as those terms are defined by 47 U.S.C. |
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Section 153], that are: |
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(1) obtained by a state agency using state money; or |
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(2) used by a participating eligible entity [state |
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agency; or |
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[(3) used by a participating local government]. |
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(a-1) Notwithstanding Subsection (a), this subchapter |
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applies to electronic messaging service and outsourced managed |
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services that are: |
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(1) obtained by a state agency using state money; or |
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(2) used by a participating eligible entity [state |
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agency; or |
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[(3) used by a participating local government]. |
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(b) This subchapter does not apply to: |
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(1) [the Department of Public Safety's use for |
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criminal justice or homeland security purposes of a federal |
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database or network; |
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[(2) a Texas equivalent of a database or network |
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described by Subdivision (1) that is managed by the Department of |
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Public Safety; |
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[(3)] the uniform statewide accounting system, as that |
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term is used in Subchapter C, Chapter 2101; |
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(2) [(4)] the state treasury cash and treasury |
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management system; |
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(3) [(5)] a database or network managed by the |
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comptroller to: |
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(A) collect and process multiple types of taxes |
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imposed by the state; or |
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(B) manage or administer fiscal, financial, |
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revenue, and expenditure activities of the state under Chapter 403 |
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and Chapter 404; or |
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(4) [(6)] a database or network managed by the |
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Department of Agriculture. |
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SECTION 4. Section 2054.3771, Government Code, is amended |
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to read as follows: |
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Sec. 2054.3771. ELIGIBLE ENTITIES [LOCAL GOVERNMENTS]. The |
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department may establish or expand a statewide technology center to |
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include participation by an eligible entity [a local government]. |
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The executive director and the department have all the powers |
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necessary or appropriate, consistent with this chapter, to |
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accomplish that purpose. |
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SECTION 5. Section 2054.378(a), Government Code, is amended |
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to read as follows: |
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(a) The department may operate statewide technology centers |
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to provide participating eligible [two or more governmental] |
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entities, on a cost-sharing basis, services relating to: |
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(1) information resources and information resources |
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technology; and |
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(2) the deployment, development, and maintenance of |
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software applications. |
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SECTION 6. Section 2054.380(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall set and charge a fee to each |
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participating eligible [governmental] entity that receives a |
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service from a statewide technology center in an amount sufficient |
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to cover the direct and indirect cost of providing the service. |
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SECTION 7. Section 2054.382(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall manage the operations of statewide |
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technology centers that provide data center services or disaster |
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recovery services for two or more participating eligible entities |
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[state agencies], including management of the operations of the |
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center on the campus of Angelo State University. |
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SECTION 8. The heading to Section 2054.3851, Government |
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Code, is amended to read as follows: |
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Sec. 2054.3851. ELIGIBLE ENTITY [LOCAL GOVERNMENT] |
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PARTICIPATION AND SELECTION. |
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SECTION 9. Sections 2054.3851(a), (b), (c), and (d), |
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Government Code, are amended to read as follows: |
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(a) An eligible entity listed in Section 2054.0525, other |
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than a state agency, [A local government] may submit a request to |
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the department to receive services or operations through a |
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statewide technology center. The eligible entity [local |
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government] shall identify its particular requirements, operations |
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costs, and requested service levels. |
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(b) On receipt of the request, the department shall conduct |
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a cost and requirements analysis for the eligible entity [local |
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government]. |
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(c) If the department selects the eligible entity [local |
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government] for participation in a statewide technology center, the |
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department shall provide notice to the eligible entity [local |
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government] that includes: |
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(1) the scope of the services to be provided to the |
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eligible entity [local government]; |
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(2) a schedule of anticipated costs for the eligible |
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entity [local government]; and |
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(3) the implementation schedule for the eligible |
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entity [local government]. |
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(d) If selected to participate in a statewide technology |
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center, an eligible entity [a local government] may contract with |
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the department to receive the identified services and have the |
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identified operations performed through the statewide technology |
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center. |
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SECTION 10. Section 2059.001, Government Code, is amended |
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by adding Subdivision (2-a) and amending Subdivision (4) to read as |
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follows: |
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(2-a) "Local government" has the meaning assigned by |
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Section 2054.003. |
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(4) "State agency" has the meaning assigned by Section |
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2054.003 [2151.002]. |
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SECTION 11. Section 2059.058, Government Code, is amended |
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to read as follows: |
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Sec. 2059.058. AGREEMENT TO PROVIDE NETWORK SECURITY |
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SERVICES TO ENTITIES OTHER THAN STATE AGENCIES. [(a) In this |
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section, a "special district" means: |
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[(1) a school district; |
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[(2) a hospital district; |
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[(3) a water district; or |
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[(4) a district or special water authority, as defined |
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by Section 49.001, Water Code. |
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[(b)] In addition to the department's duty to provide |
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network security services to state agencies under this chapter, the |
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department by agreement may provide network security services to: |
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(1) each house of the legislature and a legislative |
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agency; |
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(2) a local government; |
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(3) the supreme court, the court of criminal appeals, |
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or a court of appeals; |
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(4) a public hospital owned or operated by this state |
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or a political subdivision or municipal corporation of this state, |
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including a hospital district or hospital authority; |
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(5) the Texas Permanent School Fund Corporation; |
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(6) an open-enrollment charter school, as defined by |
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Section 5.001, Education Code; |
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(7) a private school, as defined by Section 5.001, |
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Education Code; |
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(8) a private or independent institution of higher |
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education, as defined by Section 61.003, Education Code; |
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(9) a volunteer fire department, as defined by Section |
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152.001, Tax Code; and |
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(10) [an agency that is not a state agency, including a |
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legislative agency; |
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[(3) a political subdivision of this state, including |
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a county, municipality, or special district; |
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[(4)] an independent organization certified under [, |
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as defined by] Section 39.151, Utilities Code, for the ERCOT power |
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region [; and |
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[(5) a public junior college]. |
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SECTION 12. Section 2059.201, Government Code, is amended |
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to read as follows: |
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Sec. 2059.201. ELIGIBLE PARTICIPATING ENTITIES. A state |
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agency or an entity listed in Section 2059.058 [Sections |
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2059.058(b)(3)-(5)] is eligible to participate in cybersecurity |
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support and network security provided by a regional network |
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security center under this subchapter. |
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SECTION 13. Section 2157.001, Government Code, is amended |
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by adding Subdivisions (3) and (4) to read as follows: |
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(3) "Local government" has the meaning assigned by |
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Section 2054.003. |
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(4) "State agency" has the meaning assigned by Section |
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2054.003. |
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SECTION 14. Sections 2157.068(a), (d), and (j), Government |
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Code, are amended to read as follows: |
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(a) In this section, "commodity items" means commercial |
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software, hardware, or technology services, other than |
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telecommunications services, that are generally available to |
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businesses or the public and for which the department determines |
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that a reasonable demand exists from an eligible entity, as defined |
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by Section 2054.375 [two or more customers, including state |
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agencies and political subdivisions of this state, entities |
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described by Subsection (j), and governmental entities of another |
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state], that purchases [purchase] the items through the department. |
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The term includes seat management, through which an eligible entity |
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[a customer] transfers its personal computer equipment and service |
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responsibilities to a private vendor to manage the personal |
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computing needs for each desktop of the eligible entity [customer], |
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including all necessary hardware, software, and support services. |
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(d) The department may charge a reasonable administrative |
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fee to a state agency, local government [political subdivision of |
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this state], or governmental entity of another state that purchases |
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commodity items through the department in an amount that is |
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sufficient to recover costs associated with the administration of |
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this section. Revenue derived from the collection of fees imposed |
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under this subsection may be appropriated to the department for: |
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(1) developing statewide information resources |
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technology policies and planning under Chapters 2054 and 2059; and |
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(2) providing shared information resources technology |
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services under Chapter 2054. |
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(j) An eligible entity, as defined by Section 2054.375, [The |
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following entities] may purchase commodity items through the |
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department, and be charged a reasonable administrative fee, as |
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provided by this section[: |
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[(1) the Electric Reliability Council of Texas; |
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[(2) the Lower Colorado River Authority; |
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[(3) a private school, as defined by Section 5.001, |
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Education Code; |
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[(4) a private or independent institution of higher |
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education, as defined by Section 61.003, Education Code; |
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[(5) a volunteer fire department, as defined by |
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Section 152.001, Tax Code; |
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[(6) subject to Section 418.193, a public safety |
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entity, as defined by 47 U.S.C. Section 1401; |
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[(7) subject to Section 418.193, a county hospital, |
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public hospital, or hospital district; or |
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[(8) the Texas Permanent School Fund Corporation, if |
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incorporated under Section 43.052, Education Code]. |
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SECTION 15. Section 2170.001(a), Government Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "State agency" has the meaning assigned by Section |
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2054.003. |
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SECTION 16. Section 2170.004, Government Code, is amended |
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to read as follows: |
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Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE |
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AGENCIES. The department may contract for use of the consolidated |
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telecommunications system with: |
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(1) each house of the legislature; |
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(2) a legislative agency; |
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(3) the supreme court, the court of criminal appeals, |
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or a court of appeals; |
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(4) a state governmental entity other than [an agency |
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that is not] a state agency [as defined by Section 2151.002]; |
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(5) a local government, as defined by Section 2054.003 |
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[(4) a political subdivision, including a county, municipality, |
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or district]; |
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(6) [(5)] a private institution of higher education |
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[accredited by a recognized accrediting agency], as defined by |
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Section 61.003, Education Code[, that: |
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[(A) engages in distance learning, as defined by |
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Section 57.021, Utilities Code; and |
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[(B) receives federal funds for distance |
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learning initiatives]; |
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(7) [(6)] an assistance organization, as defined by |
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Section 2175.001; |
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(8) [(7) subject to Section 418.194,] a public safety |
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entity, as defined by 47 U.S.C. Section 1401; |
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(9) [and |
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[(8) subject to Section 418.194,] a governmental |
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entity of another state; |
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(10) a public hospital owned or operated by this state |
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or a political subdivision or municipal corporation of this state, |
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including a hospital district or hospital authority; |
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(11) an independent organization certified under |
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Section 39.151, Utilities Code, for the ERCOT power region; |
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(12) the Texas Permanent School Fund Corporation; |
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(13) an open-enrollment charter school, as defined by |
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Section 5.001, Education Code; |
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(14) a private school, as defined by Section 5.001, |
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Education Code; |
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(15) a private or independent institution of higher |
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education, as defined by Section 61.003, Education Code; and |
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(16) a volunteer fire department, as defined by |
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Section 152.001, Tax Code. |
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SECTION 17. Sections 418.193 and 418.194, Government Code, |
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are repealed. |
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SECTION 18. This Act takes effect September 1, 2023. |