Law:Title 10. General Government. Subtitle B. Information And Planning from Chapter 2054. Information Resources (Texas)

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Subtitle B. Information And Planning

Contents

Chapter 2054. Information Resources

Subchapter A. General Provisions

Section  2054.001.  Legislative Findings And Policy.

(a) The legislature finds that:

(1)  information and information resources possessed by agencies of state government are strategic assets belonging to the residents of this state that must be managed as valuable state resources;

(2)  technological and theoretical advances in information use are recent in origin, immense in scope and complexity, and growing at a rapid pace;

(3)  the nature of these advances presents this state with the opportunity to provide higher quality, more timely, and more cost-effective governmental services;

(4)  the danger exists that state agencies could independently acquire uncoordinated and duplicative information resources technologies that are more appropriately acquired as part of a coordinated effort for maximum cost-effectiveness and use;

(5)  the sharing of information resources technologies among state agencies is often the most cost-effective method of providing the highest quality and most timely governmental services that otherwise would be cost prohibitive;

(6)  both considerations of cost and the need for the transfer of information among the various agencies and branches of state government in the most timely and useful form possible require a uniform policy and coordinated system for the use and acquisition of information resources technologies;

(7)  considerations of cost and expertise require that, to the extent possible, the planning and coordinating functions reside in a separate agency from the purchasing function; and

(8)  the need of officials in the executive branch of state government to have timely access to all needed information in a form most useful to them in their execution of the laws and the need of members of the legislative branch of state government to have timely access to all needed information in a form most useful to them in their evaluation of the practical effect of the laws and in their identification of areas in which legislation is needed for the future are equally paramount, requiring the greatest possible continuous and formal coordination and cooperation within and among the branches of state government.

(b)  It is the policy of this state to coordinate and direct the use of information resources technologies by state agencies and to provide as soon as possible the most cost-effective and useful retrieval and exchange of information within and among the various agencies and branches of state government and from the agencies and branches of state government to the residents of this state and their elected representatives. The Department of Information Resources exists for these purposes.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.002.  Short Title.

This chapter may be cited as the Information Resources Management Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.003.  Definitions.

In this chapter:

(1)  "Application" means a separately identifiable and interrelated set of information resources technologies that allows a state agency to manipulate information resources to support specifically defined objectives.

(2)  "Board" means the governing board of the Department of Information Resources.

(3)  "Data processing" means information technology equipment and related services designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means. The term includes:

(A)  central processing units, front-end processing units, miniprocessors, microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters, and equipment and systems for computer networks;

(B)  all related services, including feasibility studies, systems design, software development, and time-sharing services, provided by state employees or others; and

(C)  the programs and routines used to employ and control the capabilities of data processing hardware, including operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs.

(4)  "Department" means the Department of Information Resources.

(5)  "Electronic government project" means the use of information technology to improve the access to and delivery of a government service, including a project that uses the Internet as a primary tool for the delivery of a government service or performance of a governmental function.

(6)  "Executive director" means the executive director of the Department of Information Resources.

(7)  "Information resources" means the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and associated personnel including consultants and contractors.

(8)  "Information resources technologies" means data processing and telecommunications hardware, software, services, supplies, personnel, facility resources, maintenance, and training.

(8-a)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(9)  "Local government" means a county, municipality, special district, school district, junior college district, or other political subdivision of the state.

(10)  "Major information resources project" means:

(A)  any information resources technology project identified in a state agency's biennial operating plan whose development costs exceed $1 million and that:

(i)  requires one year or longer to reach operations status;

(ii)  involves more than one state agency; or

(iii)  substantially alters work methods of state agency personnel or the delivery of services to clients; and

(B)  any information resources technology project designated by the legislature in the General Appropriations Act as a major information resources project.

(11)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 16(1), eff. September 1, 2007.

(12)  "Project" means an initiative that:

(A)  provides information resources technologies and creates products, services, or results within or among elements of a state agency; and

(B)  is characterized by well-defined parameters, specific objectives, common benefits, planned activities, a scheduled completion date, and an established budget with a specified source of funding.

(13)  "State agency" means a department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government 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.

(14)  "Telecommunications" means any transmission, emission, or reception of signs, signals, writings, images, or sounds of intelligence of any nature by wire, radio, optical, or other electromagnetic systems. The term includes all facilities and equipment performing those functions that are owned, leased, or used by state agencies and branches of state government.

(15)  "TexasOnline" means the electronic government project or its successor project implemented under Subchapter I.

(16)  "Quality assurance team" means the quality assurance team established under Section 2054.158.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.13, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1272, Sec. 2.01, eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1422, Sec. 3.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 9.019, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1068, Sec. 2.01, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 16(1), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.01, eff. September 1, 2009.



Section  2054.004.  Department.

The Department of Information Resources is an agency of the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section 2054.005.  Sunset Provision.

The Department of Information Resources is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 3.11, eff. June 15, 2007.



Section  2054.006.  Laws Not Affected.

(a) Except as specifically provided by this chapter, this chapter does not affect laws, rules, or decisions relating to the confidentiality or privileged status of categories of information or communications.

(b)  This chapter does not enlarge the right of state government to require information, records, or communications from the people.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 792, Sec. 2, eff. June 14, 2001.



Section  2054.007.  Exception: State Lottery Operations.

(a) The lottery division of the Texas Lottery Commission is not subject to the planning and procurement requirements of this chapter.

(b)  The electronic funds transfer system for the operation of the state lottery is not included in the information resources deployment review or the biennial operating plan of the comptroller. Operations of the comptroller that relate to the state lottery are not subject to the planning and procurement requirements of this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1035, Sec. 56, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.60, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 2, eff. September 1, 2007.



Section  2054.008.  Contract Notification.

(a) In this section "major information system" includes:

(1)  one or more computers that in the aggregate cost more than $100,000;

(2)  a service related to computers, including computer software, that costs more than $100,000; and

(3)  a telecommunications apparatus or device that serves as a voice, data, or video communications network for transmitting, switching, routing, multiplexing, modulating, amplifying, or receiving signals on the network and costs more than $100,000.

(b)  A state agency shall provide written notice to the Legislative Budget Board of a contract for a major information system. The notice must be on a form prescribed by the Legislative Budget Board and filed not later than the 10th day after the date the agency enters into the contract.

Added by Acts 1999, 76th Leg., ch. 281, Sec. 5, eff. Sept. 1, 1999.



Section  2054.010.  References To Preceding Agency.

Any reference in law to the Automated Information and Telecommunications Council means the Department of Information Resources.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.011.  Statewide Network Applications Account.

(a) The statewide network applications account is established in the general revenue fund.

(b)  Amounts credited to the statewide network applications account may be appropriated only for the purchase, improvement, or maintenance of information resources, information resources technologies or applications, or related services or items for use by a network of state agencies that may include agencies in the legislative branch of state government.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.27(a), eff. Sept. 1, 1995.



Subchapter B. Administration Of Department

Section  2054.021.  Composition Of Board; Terms; Training.

(a) The department is governed by a board composed of seven voting members appointed by the governor with the advice and consent of the senate. One member must be employed by an institution of higher education as defined by Section 61.003, Education Code.

(b)  Voting members of the board serve for staggered six-year terms with two or three members' terms expiring February 1 of each odd-numbered year.

(c)  Two groups each composed of three ex officio members serve on the board on a rotating basis.  The ex officio members serve as nonvoting members of the board.  Only one group serves at a time.  The first group is composed of the commissioner of insurance, the executive commissioner of the Health and Human Services Commission, and the executive director of the Texas Department of Transportation.  Members of the first group serve for two-year terms that begin February 1 of every other odd-numbered year and that expire on February 1 of the next odd-numbered year.  The second group is composed of the commissioner of education, the executive director of the Texas Department of Criminal Justice, and the executive director of the Parks and Wildlife Department.  Members of the second group serve for two-year terms that begin February 1 of the odd-numbered years in which the terms of members of the first group expire and that expire on February 1 of the next odd-numbered year.

(d)  An ex officio member may designate an employee on the management or senior staff level of the member's agency to serve in the member's place.

(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(f)  To be eligible to take office or serve as a voting or nonvoting member of the board, a person appointed to or scheduled to serve as an ex officio member of the board must complete at least one course of a training program that complies with this section. A voting or nonvoting board member must complete a training program that complies with Subsection (g) not later than the 180th day after the date on which the person takes office or begins serving as a member of the board.

(g)  The training program must provide information to the person regarding:

(1)  the enabling legislation that created the department and its policymaking body to which the person is appointed to serve;

(2)  the programs operated by the department;

(3)  the role and functions of the department;

(4)  the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;

(5)  the current budget for the department;

(6)  the results of the most recent formal audit of the department;

(7)  the requirements of the:

(A)  open meetings law, Chapter 551;

(B)  open records law, Chapter 552; and

(C)  administrative procedure law, Chapter 2001;

(8)  the requirements of the conflict of interest laws and other laws relating to public officials; and

(9)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.

(h)  A person appointed to the board is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a member of the board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993; Amended by Acts 1997, 75th Leg., ch. 606, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 22.01, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 6.011, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 9, Sec. 1, eff. April 23, 2007.



Section  2054.022.  Conflict Of Interest.

(a) A member of the board or the executive director may not:

(1)  be a person required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business entity that has, or on behalf of a trade association of business entities that have, a substantial interest in the information resources technologies industry;

(2)  be an officer, employee, or paid consultant of a business entity that has, or of a trade association of business entities that have, a substantial interest in the information resources technologies industry and that may contract with state government;

(3)  own, control, or have, directly or indirectly, more than a 10 percent interest in a business entity that has a substantial interest in the information resources technologies industry and that may contract with state government;

(4)  receive more than 25 percent of the individual's income from a business entity that has a substantial interest in the information resources technologies industry and that may contract with state government;

(5)  be interested in or connected with a contract or bid for furnishing a state agency with information resources technologies;

(6)  be employed by a state agency as a consultant on information resources technologies; or

(7)  accept or receive money or another thing of value from an individual, firm, or corporation to whom a contract may be awarded, directly or indirectly, by rebate, gift, or otherwise.

(b)  A person who is the spouse of an officer, employee, or paid consultant of a business entity that has, or of a trade association of business entities that have, a substantial interest in the information resources technologies industry and that may contract with state government may not be a member of the board or the executive director.

(c)  An employee of the department, other than the executive director:

(1)  may not participate in the department's bidding process, including the proposal development related to a contract and the negotiation of a contract, if:

(A)  the employee receives more than five percent of the employee's income from any likely bidder on the contract; or

(B)  the employee's spouse is employed by any likely bidder on the contract; and

(2)  may not:

(A)  be a person required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business entity that has, or on behalf of a trade association of business entities that have, a substantial interest in the information resources technologies industry; or

(B)  be employed by a state agency as a consultant on information resources technologies.

(d)  For the purposes of this section, a trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(e)  The executive director shall dismiss an employee of the department who violates a prohibition under Subsection (c), and the board shall remove the executive director if the executive director violates a prohibition under Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1422, Sec. 14.01, eff. Sept. 1, 2001.



Section  2054.023.  Compensation; Expenses.

(a) A member of the board may not receive compensation for services as a board member.

(b)  A member is entitled to reimbursement for actual and necessary expenses reasonably incurred in connection with the performance of those services, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.

(c)  An ex officio member is entitled to reimbursement for those expenses under the rules of the member's office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.024.  Vacancy.

(a) The governor shall appoint a board member to fill a vacancy under the same procedure that applied to the original appointment for that position.

(b)  If the presiding officer's position is vacant, the executive director shall perform nonvoting duties of the presiding officer until the governor designates a new presiding officer.

(c)  If the final result of an action brought in a court of competent jurisdiction is that an ex officio or other member of the board may not serve on the board under the Texas Constitution, the appropriate individual shall promptly submit a list to the governor for the appointment of a replacement who may serve.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.025.  Removal Of Board Member.

(a) It is a ground for removal from the board if a member:

(1)  does not have at the time of appointment the qualifications or status required for appointment to the board;

(2)  does not maintain during service on the board the qualifications or status required for initial appointment to the board;

(3)  violates a prohibition established by Section 2054.022;

(4)  cannot discharge because of illness or disability the member's duties for a substantial part of the term for which the member is appointed; or

(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a state fiscal year unless the absence is excused by majority vote of the board.

(b)  The validity of an action of the board is not affected by the fact that it is taken while a ground for removal of a member of the board exists.

(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall inform the presiding officer. The presiding officer shall then inform the governor and the attorney general of the potential ground for removal. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 4, eff. Sept. 1, 1997.



Section  2054.026.  Limitation On Liability.

A member of the board is not liable in a civil action for an act performed in good faith in the performance of the member's duties.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.027.  Meetings; Action Of Board.

(a) The board shall meet at least once in each quarter of the state fiscal year and may meet at other times at the call of the presiding officer or as provided by department rule.

(b)  When a quorum is present, an affirmative vote of a majority of the members of the board present is necessary for an action of the board to be effective.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.028.  Presiding Officer.

The governor shall designate a member of the board to serve as presiding officer at the discretion of the governor.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.0285.  Executive Director: Chief Information Officer; Powers And Duties.

(a) The board shall employ an executive director. The executive director is the chief information officer for Texas state government.

(b)  The executive director has authority for all aspects of information technology for state agencies, including:

(1)  the use of technology to support state goals;

(2)  functional support to state agencies;

(3)  technology purchases;

(4)  deployment of new technology;

(5)  delivery of technology services; and

(6)  provision of leadership on technology issues.

Added by Acts 2001, 77th Leg., ch. 1272, Sec. 4.01, eff. June 15, 2001.



Section  2054.029.  Staff; Separation Of Responsibilities.

(a) The board shall employ employees necessary to implement its duties.

(b)  The executive director or the executive director's designee shall provide to members of the board and to the department's employees, as often as necessary, information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

(c)  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 5, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1272, Sec. 4.01, eff. June 15, 2001.



Section  2054.030.  Merit Pay.

(a) The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.

(b)  All merit pay for department employees must be based on the system established under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 6, eff. Sept. 1, 1997.



Section  2054.031.  Career Ladder.

(a) The executive director or the executive director's designee shall develop an intraagency career ladder program that addresses opportunities for mobility and advancement for employees within the department.

(b)  The program shall require intraagency postings of all positions concurrently with any public posting.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993; Amended by Acts 1997, 75th Leg., ch. 606, Sec. 7, eff. Sept. 1, 1997.



Section  2054.032.  Equal Employment Opportunity.

(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that are in compliance with Chapter 21, Labor Code;

(2)  a comprehensive analysis of the department workforce that meets federal and state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;

(3)  procedures by which a determination can be made about the extent of underuse in the department workforce of all persons for whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and

(4)  reasonable methods to appropriately address those areas of underuse.

(b)  A policy statement prepared under Subsection (a) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.

(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 8, eff. Sept. 1, 1997.



Section  2054.033.  Advisory Committees.

(a) The board and the executive director, if authorized by the board, may appoint advisory committees as the department considers necessary to provide expertise to the department.

(b)  A member of an advisory committee serves at the discretion of the board.

(c)  A member of an advisory committee may not receive compensation for service on the committee. A member is entitled to reimbursement for actual and necessary expenses reasonably incurred in performing that service, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.

(d)  At least one member of each advisory committee must be an employee of a state agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.034.  Department Finances.

(a) All money paid to the department under this chapter is subject to Subchapter F, Chapter 404.

(b)  The board, department, or executive director shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 9, eff. Sept. 1, 1997.



Section  2054.035.  Participation And Accessibility.

(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the department.

(b)  The department shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department. The department shall make the information available to the public and appropriate state agencies.

(c)  The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department. The board may provide for that notification:

(1)  on each registration form, application, or written contract for services of an individual or entity regulated under this chapter;

(2)  on a sign prominently displayed in the place of business of each individual or entity regulated under this chapter; or

(3)  in a bill for service provided by an individual or entity regulated under this chapter.

(d)  The department shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 9, eff. Sept. 1, 1997.



Section  2054.036.  Complaints.

(a) The department shall keep a file about each written complaint filed with the department that the department has authority to resolve. The department shall provide to the person filing the complaint and the persons or entities complained about the department's policies and procedures pertaining to complaint investigation and resolution. The department, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.

(b)  The department shall keep information about each complaint filed with the department. The information shall include:

(1)  the date the complaint is received;

(2)  the name of the complainant;

(3)  the subject matter of the complaint;

(4)  a record of all persons contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  for complaints for which the department took no action, an explanation of the reason the complaint was closed without action.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 9, eff. Sept. 1, 1997.



Subchapter C. General Powers And Duties Of Department

Section  2054.051.  General Duties Of Department.

(a) The department shall provide the leadership in and coordination of information resources management within state government.

(b)  The department shall monitor national and international standards relating to information resources technologies, develop and publish policies, procedures, and standards relating to information resources management by state agencies, and ensure compliance with those policies, procedures, and standards.

(c)  The department shall provide and coordinate an information resources management training program for the departments of state government.

(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.07(1), eff. September 1, 2009.

(e)  The department shall provide for all interagency use of information resources technologies by state agencies. The department may provide for interagency use of information resources technologies either directly or by certifying another state agency to provide specified uses of information resources technologies to other state agencies.

(f)  The department shall identify opportunities for state agencies to coordinate with each other in the adoption and implementation of information resources technology projects.

(g)  The department shall establish plans and policies for the system of telecommunications services managed and operated by the department.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 342, Sec. 1, eff. May 3, 2001; Acts 2001, 77th Leg., ch. 1422, Sec. 4.01, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.07(1), eff. September 1, 2009.



Section  2054.052.  General Powers Of Department.

(a) The department may adopt rules as necessary to implement its responsibility under this chapter.

(b)  The department may require each state agency to report to the department:

(1)  each agency's use of information resources technologies;

(2)  the effect of those technologies on the duties and functions of the agency;

(3)  the costs incurred by the agency in the acquisition and use of those technologies;

(4)  the procedures followed in obtaining those technologies;

(5)  the categories of information produced by the agency; and

(6)  other information relating to information resources management that in the judgment of the department should be reported.

(c)  At the request of a state agency, the department may provide technical and managerial assistance relating to information resources management, including automation feasibility studies, systems analysis, and design, training, and technology evaluation.

(d)  The department may report to the governor and to the presiding officer of each house of the legislature any factors that in the opinion of the department are outside the duties of the department but that inhibit or promote the effective exchange and use of information in state government.

(e)  The department may:

(1)  acquire, apply for, register, secure, hold, protect, and renew under the laws of the State of Texas, the United States, any state in the United States, or any nation:

(A)  a patent for the invention, discovery, or improvement of any new and useful process, machine, manufacture, composition of matter, art, or method, including any new use of a known process, machine, manufacture, composition of matter, art, or method;

(B)  a copyright for an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device;

(C)  a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the department uses to identify and distinguish its goods and services from other goods and services; or

(D)  other evidence of protection or exclusivity issued for intellectual property;

(2)  contract with a person or entity for the reproduction, distribution, public performance, display, advertising, marketing, lease, licensing, sale, use, or other distribution of the department's intellectual property;

(3)  obtain under a contract described in Subdivision (2) a royalty, license right, or other appropriate means of securing reasonable compensation for the exercise of rights with respect to the department's intellectual property; and

(4)  waive, increase, or reduce the amount of compensation secured by contract under Subdivision (3) if the department determines that the waiver, increase, or reduction will:

(A)  further a goal or mission of the department; and

(B)  result in a net benefit to the state.

(f)  Except as provided by Section 2054.115(c), money paid to the department under this section shall be deposited to the credit of the general revenue fund.

(g)  The department may accept or refuse a gift or grant of money, services, or property on behalf of the state for any public purpose related to the duties of the department.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(b), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 825, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 8, Sec. 1, eff. April 23, 2007.



Section  2054.053.  Legislative Budget Instructions; Appropriation Requests.

(a) The department may identify, develop, and recommend to the Legislative Budget Board issues related to information resources management to be considered when developing the legislative budget instructions to state agencies. The department shall inform the governor of issues that are recommended to the Legislative Budget Board under this subsection.

(b)  At the request of a state agency, the department may assist the agency in the preparation of projects to be submitted as part of the agency's legislative appropriation request and may make recommendations on any proposed projects. The recommendations under this subsection apply to a project and not to a specific procurement or set of specifications.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.054.  Client Omnibus Registry And Exchange Data Bases.

(a) The department may develop and maintain a client omnibus registry and exchange data bases to cover public and private health and human services, programs, and clients and to facilitate the exchange of data among the state's health and human services agencies.

(b)  The department must assure in maintaining the information that:

(1)  health and mental health communications and records privileged under Chapter 611, Health and Safety Code, Subtitle B, Title 3, Occupations Code, and the Texas Rules of Evidence remain confidential and privileged;

(2)  personally identifiable health and mental health communications and records of persons involved in the receipt or delivery of health or human services are confidential and privileged; and

(3)  a private source is not required to provide confidential health or mental health communications or records unless a law specifically requires disclosure.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.767, eff. Sept. 1, 2001.



Section  2054.0541.  Statewide Health Care Data Collection System.

The department shall assist the Texas Health Care Information Council and the Texas Department of Health with planning, analyses, and management functions relating to the procurement, use, and implementation of a statewide health care data collection system under Chapter 108, Health and Safety Code.

Added by Acts 1995, 74th Leg., ch. 726, Sec. 4, eff. Sept. 1, 1995.



Section  2054.055.  Performance Report.

(a) Not later than November 15 of each even-numbered year, the board shall review and approve and the department shall present a report on the use of information resources technologies by state government.

(b)  The report must:

(1)  assess the progress made toward meeting the goals and objectives of the state strategic plan for information resources management;

(2)  describe major accomplishments of the state or a specific state agency in information resources management;

(3)  describe major problems in information resources management confronting the state or a specific state agency;

(4)  provide a summary of the total expenditures for information resources and information resources technologies by the state;

(5)  make recommendations for improving the effectiveness and cost-efficiency of the state's use of information resources;

(6)  describe the status, progress, benefits, and efficiency gains of the TexasOnline project, including any significant issues regarding contract performance;

(7)  provide a financial summary of the TexasOnline project, including project costs and revenues;

(8)  provide a summary of the amount and use of Internet-based training conducted by each state agency and institution of higher education;

(9)  provide a summary of agency and statewide results in providing access to electronic and information resources to individuals with disabilities as required by Subchapter M; and

(10)  assess the progress made toward accomplishing the goals of the plan for a state telecommunications network and developing a system of telecommunications services as provided by Subchapter H.

(b-1)  The report under this section shall address consolidated telecommunications system performance, centralized capitol complex telephone system performance, telecommunications system needs, and recommended statutory changes to enhance system capability and cost-effectiveness.  In this subsection, "centralized capitol complex telephone system" and "consolidated telecommunications system" have the  meanings assigned by Section 2054.2011.

(c)  The department shall submit the report to the governor and to the legislature.

(d)  The department may make interim reports that it considers necessary.

(e)  The department is entitled to obtain any information about a state agency's information resources and information resources technologies that the department determines is necessary to prepare a report under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(c), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1272, Sec. 1.02, eff. June 15, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 11.018, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 1.07, eff. September 1, 2009.



Section  2054.056.  Computer Services.

The department may provide computer services under interagency contracts to state agencies that choose to contract with the department.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(d), eff. Sept. 1, 1995.



Section 2054.0565.  Use Of Contracts By Other Entities. (a)

The department may include terms in a procurement contract entered into by the department, including a contract entered into under Section 2157.068, that allow the contract to be used by another state agency, a political subdivision of this state, a governmental entity of another state, or an assistance organization as defined by Section 2175.001.

(b)  A political subdivision that purchases an item or service using a contract under this section satisfies any other law requiring the political subdivision to seek competitive bids for that item or service.

(c)  Notwithstanding any other law, a state governmental entity that is not a state agency as defined by Section 2054.003 may use a contract as provided by Subsection (a) without being subject to a rule, statute, or contract provision, including a provision in a contract entered into under Section 2157.068, that would otherwise require the state governmental entity to:

(1)  sign an interagency agreement; or

(2)  disclose the items purchased or the value of the purchase.

(d)  A state governmental entity that is not a state agency as defined by Section 2054.003 that uses a contract as provided by Subsection (a) may prohibit a vendor from disclosing the items purchased, the use of the items purchased, and the value of the purchase.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.01, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1081, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1081, Sec. 3, eff. September 1, 2007.



Section  2054.057.  Training In Contract Negotiation.

(a) The department, with the cooperation of the comptroller and other appropriate state agencies, shall develop and implement a program to train state agency personnel in effectively negotiating contracts for the purchase of information resources technologies.

(b)  The department shall make the training available to state agency personnel who are directly or indirectly involved in contract negotiations, such as senior or operational management, purchasers, users of the purchased technologies, and personnel with relevant technical, legal, or financial knowledge.

(c)  The department shall include in the training:

(1)  information on developing a structured purchasing method that meets an agency's needs;

(2)  information drawn from the state's previous procurement experience about what is or is not advantageous for the state;

(3)  the perspective of state agencies with oversight responsibilities related to the state's procurement of information resources technologies; and

(4)  other information that the department considers to be useful.

(d)  The department may use its own staff or contract with private entities or other state agencies to conduct the training.

Added by Acts 1997, 75th Leg., ch. 538, Sec. 1, eff. Sept. 1, 1997. Renumbered from Government Code Sec. 2054.060 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(56), eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.65, eff. September 1, 2007.



Section  2054.058.  Consideration Of Vendor Incentives.

When contracting with a vendor to perform a task related to an electronic government project, the department shall consider methods of payments, including considering whether a percentage of money to be saved could be used to provide an incentive to the vendor to complete the project on time and under budget.

Added by Acts 2001, 77th Leg., ch. 1272, Sec. 4.02, eff. June 15, 2001.



Section  2054.059.  Information Security.

The department shall establish and administer a clearinghouse for information relating to all aspects of protecting the security of state agency information.

Added by Acts 2001, 77th Leg., ch. 545, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 2054.063 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(80), eff. Sept. 1, 2003.



Section  2054.060.  Digital Signature.

(a) A digital signature may be used to authenticate a written electronic communication sent to a state agency if it complies with rules adopted by the department.

(b)  A digital signature may be used to authenticate a written electronic communication sent to a local government if it complies with rules adopted by the governing body of the local government. Before adopting the rules, the governing body of the local government shall consider the rules adopted by the department and, to the extent possible and practicable, shall make the governing body's rules consistent with the department's rules.

(c)  This section does not preclude any symbol from being valid as a signature under other applicable law, including Section 1.201(39), Business & Commerce Code.

(d)  The use of a digital signature under this section is subject to criminal laws pertaining to fraud and computer crimes, including Chapters 32 and 33, Penal Code.

(e)  In this section:

(1)  "Digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature.

(2)  "Local government" has the meaning assigned by Section 791.003, but does not include an agency in the judicial branch of local government.

(3)  "State agency" does not include an agency in the judicial branch of state government.

Added by Acts 1997, 75th Leg., ch. 528, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 25, eff. Sept. 1, 2003.



Section  2054.063.  Electronic Reporting To State Agencies.

The department shall advise and consult with state agencies to assess opportunities for allowing persons to electronically file with an agency information that the agency requires a person to report. The department shall identify the cost of implementing an electronic reporting procedure and any barriers to electronic reporting. The department may:

(1)  survey state agencies to identify:

(A)  electronic reporting efforts currently being used by an agency;

(B)  common needs among agencies; and

(C)  opportunities to use a standardized approach to electronic reporting;

(2)  identify the costs associated with electronic reporting;

(3)  identify reports that may be filed electronically;

(4)  advise an agency regarding ways the agency may effectively and economically allow electronic reporting to the agency; and

(5)  develop and implement a plan to adopt electronic reporting in state government, whenever it is effective and efficient to do so.

Added by Acts 2001, 77th Leg., ch. 36, Sec. 1, eff. Sept. 1, 2001.



Subchapter D. Information Resources Managers

Section 2054.071.  Identity Of Manager; Consolidation.

(a) The presiding officer of the governing body of a state agency, if the agency is governed by one or more fully paid full-time state officials, and otherwise the executive director of the agency, or the designated representative of the presiding officer or executive director, shall serve as the agency's information resources manager.

(b)  A representative designated under Subsection (a) may be designated to serve as a joint information resources manager by two or more state agencies.  The department must approve the joint designation.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 1068, Sec. 1.02, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 5, eff. September 1, 2007.



Section 2054.074.  Responsibility To Prepare Operating Plans.

(a) The information resources manager shall prepare the biennial operating plans under Subchapter E.

(b)  A joint information resources manager may, to the extent appropriate, consolidate the operating plans of each agency for which the manager serves under Section 2054.071.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(e), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 606, Sec. 10, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 1068, Sec. 1.03, eff. September 1, 2005.



Section  2054.075.  Cooperation With Information Resources Manager.

(a) Each state agency shall cooperate as necessary with its information resources manager to enable that individual to perform the manager's duties.

(b)  Each state agency shall provide that its information resources manager is part of the agency's executive management and reports directly to a person with a title functionally equivalent to executive director or deputy executive director. Each state agency shall report to the department the extent and results of its compliance with this subsection, and the department shall report the extent and results of state agencies' compliance to the legislature.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 11, eff. Sept. 1, 1997.



Section  2054.076.  Training And Continuing Education.

(a) The department periodically shall analyze the training needs of information resources managers and adjust its initial training and continuing education guidelines based on its analyses. The department's analyses must take into account the different training needs of information resources managers at both large and small state agencies.

(b)  The department shall provide mandatory guidelines to state agencies regarding the initial and continuing education requirements needed for information resources managers and require information resources managers to report their compliance with the requirements to the department.

(c)  The department's initial training and continuing education guidelines must require information resources managers to receive training and continuing education in:

(1)  implementing quality assurance programs;

(2)  training the people who use the agency's information resources and information resources technologies; and

(3)  balancing the technical aspects of information resources and information resources technologies with the agency's business needs.

(d)  An individual who is appointed the information resources manager of a state agency before September 1, 1992, is exempt from the requirements of the department regarding initial education needed for that position.

(e)  The department may provide educational materials and seminars for state agencies and information resources managers.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 12, eff. Sept. 1, 1997.



Section  2054.077.  Vulnerability Reports.

(a) In this section, a term defined by Section 33.01, Penal Code, has the meaning assigned by that section.

(b)  The information resources manager of a state agency may prepare or have prepared a report, including an executive summary of the findings of the report, assessing the extent to which a computer, a computer program, a computer network, a computer system, an interface to a computer system, computer software, or data processing of the agency or of a contractor of the agency is vulnerable to unauthorized access or harm, including the extent to which the agency's or contractor's electronically stored information is vulnerable to alteration, damage, erasure, or inappropriate use.

(c)  Except as provided by this section, a vulnerability report and any information or communication prepared or maintained for use in the preparation of a vulnerability report is confidential and is not subject to disclosure under Chapter 552.

(d)  The information resources manager shall provide an electronic copy of the vulnerability report on its completion to:

(1)  the department;

(2)  the state auditor;

(3)  the agency's executive director; and

(4)  any other information technology security oversight group specifically authorized by the legislature to receive the report.

(e)  Separate from the executive summary described by Subsection (b), a state agency whose information resources manager has prepared or has had prepared a vulnerability report shall prepare a summary of the report that does not contain any information the release of which might compromise the security of the state agency's or state agency contractor's computers, computer programs, computer networks, computer systems, computer software, data processing, or electronically stored information.  The summary is available to the public on request.

Added by Acts 2001, 77th Leg., ch. 792, Sec. 1, eff. June 14, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 183, Sec. 5, eff. September 1, 2009.



Subchapter E. Strategic And Operating Plans; Information

RESOURCES DEPLOYMENT REVIEW


Section  2054.091.  Preparation Of State Strategic Plan.

(a) The executive director shall prepare a state strategic plan for information resources management for the board's review and approval.

(b)  In preparing the state strategic plan, the executive director shall assess and report on:

(1)  practices of state agencies regarding information resources management, including interagency and interbranch communication and interagency resource sharing;

(2)  current and future information resources management technologies and practices and their potential application to state government;

(3)  return on investment guidelines established by the department to help state agencies to implement major information resources projects more effectively; and

(4)  any issue the department determines is relevant to the development of the state strategic plan.

(c)  Each state agency shall cooperate with the executive director in providing information that will enable the executive director to assess agency practices.

(d)  The executive director shall appoint an advisory committee to assist in the preparation of the state strategic plan.  The members of the advisory committee appointed by the executive director must be approved by the board and must include officers or employees of state government.

(e)  Repealed by Acts 2001, 77th Leg., ch. 1422, Sec. 4.30, eff. Sept. 1, 2001.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.02, 4.30, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 1.01, eff. September 1, 2009.



Section  2054.092.  Content Of State Strategic Plan.

(a) The state strategic plan must be prepared in coordination with the quality assurance team and state agency information resources managers.

(b)  The plan must:

(1)  provide a strategic direction for information resources management in state government for the five fiscal years following adoption of the plan;

(2)  outline a state information architecture that contains a logically consistent set of principles, policies, and standards to guide the engineering of state government's information technology systems and infrastructure in a way that ensures compatibility and alignment with state government's needs;

(3)  designate and report on critical electronic government projects to be directed by the department, including a project for electronic purchasing;

(4)  provide information about best practices to assist state agencies in adopting effective information management methods, including the design, deployment, and management of information resources projects, cost-benefit analyses, and staff reengineering methods to take full advantage of technological advancements;

(5)  provide long-range policy guidelines for information resources in state government, including the implementation of national, international, and department standards for information resources technologies;

(6)  identify major issues faced by state agencies related to the acquisition of computer hardware, computer software, and information resources technology services and develop a statewide approach to address the issues, including:

(A)  developing performance measures for purchasing and contracting; and

(B)  identifying opportunities to reuse computer software code purchased with public funds;

(7)  identify priorities for:

(A)  the implementation of information resources technologies according to the relative economic and social impact on the state; and

(B)  return on investment and cost-benefit analysis strategies; and

(8)  provide information about best practices to assist state agencies in adopting methods for design, deployment, and management of telecommunications services.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 545, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 7, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 11.019, eff. September 1, 2009.



Section 2054.0925.  Telecommunications In State Strategic Plan.

(a) The plan under Section 2054.092 must address matters relating to a state telecommunications network that will effectively and efficiently meet the long-term requirements of state government for voice, video, and computer communications, with the goal of achieving a single centralized telecommunications network for state government.

(b)  The telecommunications elements of the plan under Section 2054.092 must recognize that all state agencies, including institutions of higher education, are a single entity for purposes of purchasing and the determination of tariffs.

(c)  The telecommunications elements of the plan under Section 2054.092 must incorporate efficiencies obtained through the use of shared transmission services and open systems architecture as they become available, building on existing systems as appropriate.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 20, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.08, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 5, eff. September 1, 2007.

Renumbered from Government Code, Section 2054.204 and amended by Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 1.04, eff. September 1, 2009.



Section  2054.093.  Amendment Of State Strategic Plan.

(a) After approval and adoption of the state strategic plan by the board, the board may amend the plan at any time in response to technological advancements, changes in legislation, practical experience, or new issues relating to information resources management.

(b)  The board shall adopt a revised plan not later than November 1 of each odd-numbered year.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.094.  Submission Of State Strategic Plan.

The board shall send the state strategic plan and each amended or revised plan to the governor and to the Legislative Budget Board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section 2054.095.  Agency Information Resources Strategic Planning Instructions. (a)

The department shall prepare instructions for use by state agencies in preparing the strategic plan required by Section 2056.002.

(b)  Except as otherwise modified by the Legislative Budget Board or the governor, instructions under Subsection (a) must require each state agency's strategic plan to include:

(1)  a description of the agency's information resources management organizations, policies, and practices, including the extent to which the agency uses its project management practices, as defined by Section 2054.152;

(2)  a description of how the agency's information resources programs support and promote its mission, goals, and objectives and the goals and policies of the state strategic plan for information resources; and

(3)  other planning components that the department may prescribe.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 188, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 8, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.02, eff. September 1, 2009.



Section 2054.0965.  Information Resources Deployment Review.

(a) Not later than December 1 of each odd-numbered year, a state agency shall complete a review of the operational aspects of the agency's information resources deployment following instructions developed by the department.

(b)  Except as otherwise modified by rules adopted by the department, the review must include:

(1)  an inventory of the agency's major information systems, as defined by Section 2054.008, and other operational or logistical components related to deployment of information resources as prescribed by the department;

(2)  an inventory of the agency's major databases and applications;

(3)  a description of the agency's existing and planned telecommunications network configuration;

(4)  an analysis of how information systems, components, databases, applications, and other information resources have been deployed by the agency in support of:

(A)  applicable achievement goals established under Section 2056.006 and the state strategic plan adopted under Section 2056.009;

(B)  the state strategic plan for information resources; and

(C)  the agency's business objectives, mission, and goals;

(5)  agency information necessary to support the state goals for interoperability and reuse; and

(6)  confirmation by the agency of compliance with state statutes, rules, and standards relating to information resources.

Added by Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 9, eff. September 1, 2007.



Section 2054.097.  Analysis Of Information Resources Deployment Review.

(a) A state agency shall send its information resources deployment review to the quality assurance team for analysis.

(a-1)  If the department determines that an agency's deployment decision is not in compliance with the state strategic plan, a state statute, or department rules or standards, the department shall require the agency to develop a corrective action plan that specifies the manner in which deficiencies will be corrected.  The department shall report the status of corrective action plans to the state auditor and the Legislative Budget Board.

(b)  Any member of the quality assurance team may report to the governor and the presiding officer of each house of the legislature that an agency's deployment decision is not in compliance with the state strategic plan, a state statute, or department rules or standards.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 14, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 188, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 6, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 10, eff. September 1, 2007.



Section  2054.100.  Biennial Operating Plan Of State Agency.

(a) Each state agency shall submit an operating plan to the Legislative Budget Board, the department, the quality assurance team, and the governor each state fiscal biennium in accordance with the directions of the Legislative Budget Board.

(b)  The plan must describe the agency's current and proposed projects for the biennium, including how the projects will:

(1)  benefit individuals in this state and benefit the state as a whole;

(2)  use, to the fullest extent, technology owned or adapted by other state agencies;

(3)  employ, to the fullest extent, the department's information technology standards, including Internet-based technology standards;

(4)  expand, to the fullest extent, to serve residents of this state or to serve other state agencies;

(5)  develop on time and on budget;

(6)  produce quantifiable returns on investment; and

(7)  meet any other criteria developed by the department or the quality assurance team.

(c)  A state agency shall amend its biennial operating plan when necessary to reflect changes in the plan during a biennium. At a minimum, an agency shall amend its biennial operating plan to reflect significant new or changed information resources initiatives or information resources technologies initiatives contained in the agency's legislative appropriations request. Not later than the date designated by the Legislative Budget Board in its directions, an agency shall submit an amended plan to reflect new or changed initiatives contained in the agency's legislative appropriations request.

(d)  The biennial operating plan of an institution of higher education is required to include only operational projects and infrastructure projects. The instructions provided under Section 2054.101 may not require an institution of higher education to include other projects in the plan.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(f), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 606, Sec. 15, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 188, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 7, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1266, Sec. 3.01, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 183, Sec. 6, eff. September 1, 2009.



Section  2054.101.  Instructions For Preparing Operating Plans.

(a) The Legislative Budget Board may provide instructions to guide state agencies in their preparation of biennial operating plans.

(b)  The instructions may:

(1)  specify the format of the plans;

(2)  specify the information required to be included in the plans; and

(3)  list the general criteria that the Legislative Budget Board may use to evaluate the plans.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(g), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 188, Sec. 6, eff. Sept. 1, 2001.



Section 2054.1015.  Planned Procurement Schedules For Commodity Items.

(a) In this section:

(1)  "Commodity items" has the meaning assigned by Section 2157.068.

(2)  "State agency" does not include an institution of higher education.

(b)  The department may require a state agency to provide to the department a planned procurement schedule for commodity items if the department determines that the information in the schedule can be used to provide a benefit to the state.  If required by the department, a state agency must provide a planned procurement schedule for commodity items to the department before the agency's operating plan may be approved under Section 2054.102.

(c)  The department shall use information contained in the schedules to plan future vendor solicitations of commodity items or for any other activity that provides a benefit to the state.

(d)  A state agency shall notify the department, the Legislative Budget Board, and the state auditor's office if the agency makes a substantive change to a planned procurement schedule for commodity items.

(e)  The department shall specify hardware configurations for state commodity items in its instructions for the preparation of planned procurement schedules.

(f)  Each state agency shall use the hardware configurations specified under Subsection (e) in developing the agency's planned procurement schedules.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.05, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 11, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.03, eff. September 1, 2009.



Section  2054.102.  Evaluation And Approval Of Operating Plans.

(a) The Legislative Budget Board may specify procedures for the submission, review, approval, and disapproval of biennial operating plans and amendments, including procedures for review or reconsideration of the Legislative Budget Board's disapproval of a biennial operating plan or biennial operating plan amendment. The Legislative Budget Board shall review and approve or disapprove the biennial operating plan or biennial operating plan amendment not later than the 60th day after the date the plan or amendment to the plan is submitted. The plan or amendment to the plan is considered to be approved on the 61st day after the date the plan or amendment is submitted if the Legislative Budget Board does not disapprove the plan or amendment before that date.

(b)  The governing board of the department shall adopt rules as necessary to establish department standards.

(c)  The department shall provide the Legislative Budget Board with a list of agencies that have not complied with department standards, provisions of the state strategic plan, or corrective action plans. An agency identified on a list under this subsection shall develop a corrective action plan approved by the department that specifies the manner in which deficiencies will be corrected before components of or amendments to the agency's biennial operating plan may be approved by the Legislative Budget Board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(h), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 188, Sec. 7, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 8, eff. Sept. 1, 2003.



Section  2054.103.  Submission Of Operating Plans.

Each state agency shall send a copy of its biennial operating plan and of any amendments to the plan, as approved by the Legislative Budget Board, to the governor, the department, and the state auditor not later than the 30th day after the date the Legislative Budget Board approves the plan or amendment, as applicable.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(i), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 606, Sec. 16, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 188, Sec. 8, eff. Sept. 1, 2001.



Section  2054.104.  Denial Of Access To Appropriations On Failure To Submit Operating Plan.

(a) If a state agency fails to comply with Section 2054.103, the governor may direct the comptroller to deny the agency access to the agency's appropriations that relate to the management of information resources.

(b)  The denial of access may continue until the governor is satisfied with the state agency's compliance with this section.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(j), eff. Sept. 1, 1995.



Subchapter F. Other Powers And Duties Of State Agencies

Section 2054.111.  Use Of Texasonline Project. (a)

In this section, "local government" and "project" have the meanings assigned by Section 2054.251.

(b)  A state agency shall consider using the project for agency services provided on the Internet, including:

(1)  financial transactions;

(2)  applications for licenses, permits, registrations, and other related documents from the public;

(3)  electronic signatures; and

(4)  any other applications that require security.

(c)  If a state agency chooses not to use the project under Subsection (b), the agency must provide documentation to the department that shows the services and security required by the agency.  The department shall prescribe the documentation required.

(d)  A state agency that uses the project shall comply with rules adopted by the department, including any rules regarding:

(1)  the appearance of the agency's Internet site and the ease with which the site can be used;

(2)  the use of the project seal; and

(3)  marketing efforts under Subsection (g).

(e)  A state agency or local government that uses the project may charge a fee under Subchapter I if:

(1)  the fee is necessary to recover the actual costs directly and reasonably incurred by the agency or local government because of the project for:

(A)  the use of electronic payment methods;  or

(B)  interfacing with other information technology systems;

(2)  the fee does not include an amount to recover state agency or local government employee costs;

(3)  the state agency or local government approves the amount of the fee using the state agency's or local government's standard approval process for fee increases;

(4)  the chief financial officer for the state agency or local government certifies that the amount of the fee is necessary to recover the actual costs incurred because of the project;  and

(5)  the department approves the amount of the fee.

(f)  A local government may not charge a fee under Subsection (e) that is otherwise prohibited under Section 195.006 or  195.007, Local Government Code.

(g)  A state agency that uses the project shall assist the department with marketing efforts regarding the use of the project.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 5, eff. May 3, 2001. Amended by Acts 2003, 78th Leg., ch. 70, Sec. 1, eff. May 16, 2003; Acts 2003, 78th Leg., ch. 1216, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 1, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch. 1292, Sec. 1, eff. June 18, 2005.



Section  2054.1115.  Electronic Payments On Texasonline.

(a) A state agency or local government that uses TexasOnline may use electronic payment methods, including the acceptance of credit and debit cards, for:

(1)  point-of-sale transactions, including:

(A)  person-to-person transactions;

(B)  transactions that use an automated process to facilitate a person-to-person transaction; and

(C)  transactions completed by a person at an unattended self-standing computer station using an automated process;

(2)  telephone transactions; or

(3)  mail transactions.

(b)  The state agency or local government may charge a reasonable fee, as provided by Section 2054.111 or Subchapter I, to recover costs incurred through electronic payment methods used under this section.

Added by Acts 2003, 78th Leg., ch. 1216, Sec. 2, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 2, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch. 1292, Sec. 2, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 389, Sec. 1, eff. June 15, 2007.



Section  2054.112.  Security Review For New Internet Sites.

Each state agency shall review its requirements for forms, data collection, and notarization when planning to deliver a service through the Internet to determine if the information is necessary and, if necessary, the appropriate level of authentication. Based on this review, the agency shall:

(1)  eliminate any unnecessary requirements; and

(2)  adjust security to the appropriate level for any necessary requirements.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 5, eff. May 3, 2001.



Section 2054.1125.  Security Breach Notification By State Agency.

(a) In this section:

(1)  "Breach of system security" has the meaning assigned by Section 521.053, Business & Commerce Code.

(2)  "Sensitive personal information" has the meaning assigned by Section 521.002, Business & Commerce Code.

(b)  A state agency that owns, licenses, or maintains computerized data that includes sensitive personal information shall comply, in the event of a breach of system security, with the notification requirements of Section 521.053, Business & Commerce Code, to the same extent as a person who conducts business in this state.

Added by Acts 2009, 81st Leg., R.S., Ch. 419, Sec. 4, eff. September 1, 2009.



Section  2054.113.  Duplication With Texasonline.

(a) This section does not apply to a state agency that is a university system or institution of higher education as defined by Section 61.003, Education Code.

(b)  A state agency may not duplicate an infrastructure component of TexasOnline, unless the department approves the duplication.  In this subsection, "infrastructure" does not include the development of applications, and the supporting platform, for electronic government projects.

(c)  Before a state agency may contract with a third party for Internet application development that duplicates a TexasOnline function, the state agency must notify the department of its intent to bid for such services at the same time that others have the opportunity to bid.  The department may exempt a state agency from this section if it determines the agency has fully complied with Section 2054.111.

Added by Acts 2001, 77th Leg., ch. 1272, Sec. 2.02, eff. June 15, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 3, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 3, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 2, eff. September 1, 2007.



Section  2054.115.  Sale Or Lease Of Software.

(a) A state agency that develops automated information systems software may enter a contract with an individual or company for the sale, lease, marketing, or other distribution of the software.

(b)  The state agency shall obtain under the contract a royalty, license right, or other appropriate means of securing appropriate compensation for the development of the software.

(c)  Money received under the contract shall be deposited to the credit of the fund from which the development of the software was financed.

(d)  To the extent of a conflict between this section and another provision of state law relating to automated information systems software, the other provision prevails.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section 2054.116.  Spanish Language Content On Agency Websites.

(a) In this section, "person of limited English proficiency" means a person whose primary language is other than English and whose English language skills are such that the person has difficulty interacting effectively with a state agency.

(b)  Each state agency shall make a reasonable effort to ensure that Spanish-speaking persons of limited English proficiency can meaningfully access state agency information online.

(c)  In determining whether a state agency is providing meaningful access, an agency shall consider:

(1)  the number or proportion of Spanish-speaking persons of limited English proficiency in the agency's eligible service population;

(2)  the frequency with which Spanish-speaking persons of limited English proficiency seek information regarding the agency's programs;

(3)  the importance of the services provided by the agency's programs; and

(4)  the resources available to the agency.

(d)  In making a reasonable effort to provide meaningful access, the state agency must avoid:

(1)  providing information in Spanish that is limited in scope;

(2)  unreasonably delaying the provision of information in Spanish; and

(3)  providing program information, including forms, notices, and correspondence, in English only.

(e)  This section does not apply to interactive applications provided through TexasOnline.

Added by Acts 2005, 79th Leg., Ch. 683, Sec. 1, eff. September 1, 2005.



Section  2054.117.  Electronic Data Processing Center.

(a) Each state agency, if practicable, shall use the electronic data processing center operated by the comptroller in performing any of the agency's accounting and data processing activities that can be practically adapted to the use of the center's equipment.

(b)  The comptroller shall permit the use of the center's computer and other data processing equipment by state agencies with or without charge under rules that ensure the proper use of the equipment for the efficient and economical management of state government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  2054.118.  Major Information Resources Project.

(a) A state agency may not spend appropriated funds for a major information resources project unless the project has been approved by:

(1)  the Legislative Budget Board in the agency's biennial operating plan; and

(2)  the quality assurance team.

(b)  The department shall develop rules or guidelines for its review of major information resources projects and project management practices for the projects.  The department shall also assist the Legislative Budget Board in evaluating the determinations about comparative costs and benefits that state agencies make under Subsection (c).

(c)  A state agency that proposes to spend appropriated funds for a major information resources project must first determine:

(1)  the comparative benefits of using agency personnel contrasted with using outside contractors to design the project; and

(2)  the comparative total costs of leasing and of purchasing the information resources and information resources technologies involved in the project, with those costs to be determined after taking into account the use of the resources and technologies over their lifetimes.

(d)  Before a state agency may initially spend appropriated funds for a major information resources project, the state agency must quantitatively define the expected outcomes and outputs for the project and provide that information to the quality assurance team.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(k), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 606, Sec. 17, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 188, Sec. 9, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1422, Sec. 3.03, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1246, Sec. 9, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 3, eff. September 1, 2007.



Section  2054.1181.  Oversight Of Major Information Resources Projects.

(a) The quality assurance team, in coordination with the governor, may recommend major information resources projects to the department for oversight. As part of this oversight, the department shall provide risk management, quality assurance services, independent project monitoring, and project management. A state agency with a project selected for oversight shall pay for oversight by the department and quality assurance team based on a funding model developed by the department.

(b)  In performing its duties under this section, the department shall:

(1)  develop policies for the oversight of projects;

(2)  implement project management standards;

(3)  use effective risk management strategies;

(4)  establish standards that promote the ability of information resources systems to operate with each other; and

(5)  use industry best practices and process reengineering when feasible.

(c)  Repealed by Acts 2003, 78th Leg., ch. 1246, Sec. 29, eff. Sept. 1, 2003.

(d)  The quality assurance team shall evaluate major information resources projects to determine if the projects are operating on time and within budget.

(e)  If the quality assurance team determines that a major information resources project is poorly managed or has excessive cost overruns, the quality assurance team may:

(1)  establish a corrective action plan, including modifications to the design, deployment, or costs related to the project; or

(2)  discontinue the project, subject to Legislative Budget Board approval.

(f)  The quality assurance team may review and analyze a project's risk to determine whether to approve a project for the expenditure of funds under Section 2054.118(a). When conducting this review, the quality assurance team shall comply with department rules and guidelines. A state agency shall provide the quality assurance team any information necessary for the quality assurance team to determine the project's potential risk. The quality assurance team may approve a project without the review.

(g)  The quality assurance team may require a state agency to provide information on:

(1)  the status of a major information resources project;

(2)  the costs for a major information resources project;

(3)  the risk associated with a major information resources project; and

(4)  a major information resources project's general potential for success.

(h)  On request by the quality assurance team, the state auditor shall audit and review major information resources projects and the information provided by the state agencies under this section.

(i)  On request by the quality assurance team, the comptroller shall provide assistance regarding:

(1)  verifying the accuracy of information provided by state agencies on project costs under this section; and

(2)  determining a state agency's compliance with this section.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 3.02, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1246, Sec. 10, 29, eff. Sept. 1, 2003.



Section  2054.1182.  Evaluation Of Completed Major Information Resources Projects.

(a) After a major information resources project has been completed, a state agency shall evaluate and report to the quality assurance team on whether the project met the agency's objectives or other expectations.

(b)  The state auditor may:

(1)  provide an independent evaluation of the completed project to ensure the validity of the results reported under Subsection (a); and

(2)  send the evaluation to the legislative audit committee.

Added by Acts 2003, 78th Leg., ch. 1246, Sec. 11, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 4, eff. September 1, 2007.



Section  2054.1183.  Annual Report On Major Information Resources Projects.

Not later than December 1 of each year, the quality assurance team shall report on the status of major information resources projects to the:

(1)  governor;

(2)  lieutenant governor;

(3)  speaker of the house of representatives;

(4)  presiding officer of the committee in the house of representatives with primary responsibility for appropriations; and

(5)  presiding officer of the committee in the senate with primary responsibility for appropriations.

Added by Acts 2003, 78th Leg., ch. 1246, Sec. 11, eff. Sept. 1, 2003.



Section  2054.119.  Bids Or Proposals For Interagency Contracts.

(a) A state agency may not enter into an interagency contract for the receipt of information resources technologies, including a contract with the department, unless the agency complies with this section.

(b)  A state agency that proposes to receive information resources technologies under a contract with another state agency must first give public notice of a request for proposals or a request for bids.

(c)  A state agency may not enter into an interagency contract to receive information resources technologies if the agency receives a bid or proposal under Subsection (b) under which the agency can receive the same or substantially the same technologies from a private vendor for less than the cost that would be incurred by the agency under the interagency contract. If a bid or proposal is received under Subsection (b) that would allow the agency to accomplish the application or project at an acceptable level of quality and for an acceptable period for a total cost to the state of less than the total cost to the state of the best proposed interagency contract, as that cost is determined by the department, a contract for the accomplishment of the application or project shall be awarded to the bidder with the lowest and best bid or to the offeror whose proposal is most advantageous to the state as determined from competitive sealed proposals.

(d)  The department by rule may define circumstances in which certain interagency contracts that will cost less than a minimum amount established by the department are excepted from the requirements of this section or this chapter, if the department determines that it would be more cost-effective for the state.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.26(l), eff. Sept. 1, 1995.



Section  2054.120.  Electronic Mail Address.

(a) A state agency shall establish an Internet electronic mail address for the agency. The state agency may publish the electronic mail address and use electronic mail to communicate with the public. The state agency may consult with the Department of Information Resources to establish its electronic mail address.

(b)  In this section, "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.

Added by Acts 1997, 75th Leg., ch. 535, Sec. 1, eff. May 31, 1997; Acts 1997, 75th Leg., ch. 606, Sec. 18, eff. Sept. 1, 1997.



Section  2054.121.  Coordination With Institutions Of Higher Education.

(a) An institution of higher education shall coordinate its use of information technologies with other such institutions to more effectively provide education, research, and community service.

(b)  The Information Technology Council for Higher Education consists of the chief information officer or equivalent employee of:

(1)  The Texas A&M University System;

(2)  The University of Texas System;

(3)  The Texas State University System;

(4)  The University of North Texas System;

(5)  The University of Houston System;

(6)  The Texas Tech University System; and

(7)  one institution of higher education, other than a public junior college, not included in a university system listed in this subsection who is selected by a majority of the chief executive officers of all the institutions of higher education, other than public junior colleges, not included in a listed university system.

(c)  Before adopting a proposed rule that applies to institutions of higher education, the department shall prepare, in consultation with the council established by Subsection (b), an analysis of the impact of the rule on institutions of higher education that includes consideration of:

(1)  the impact of the rule on the mission of higher education, student populations, and federal grant requirements;

(2)  alternate methods of implementation to achieve the purpose of the rule; and

(3)  exempting institutions of higher education from all or part of the requirements of the rule.

(d)  The department shall include its analysis as part of the notice of the proposed rule that the agency files with the secretary of state for publication in the Texas Register and shall provide copies to the governor, the lieutenant governor, and the speaker of the house of representatives.

(e)  Each department rule that applies to institutions of higher education and that is in effect on September 1, 2003, ceases to apply to institutions of higher education on September 1, 2004, unless readopted by the department on or after September 1, 2003, in a form that expressly applies to institutions of higher education.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.14, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 3.02, eff. June 20, 2003.



Section  2054.122.  Coordinated Technology Training.

A state agency each calendar quarter shall coordinate agency training for the use of information resources technologies with training offered or coordinated by the department. The agency shall use training offered or coordinated by the department if it meets agency requirements and is cost-competitive.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.14, eff. Sept. 1, 1999.



Section 2054.124.  Power Management Software.

(a) After researching the software available, the department shall by competitive bid select power management software to be used, if technically feasible, by state agencies to reduce the amount of energy required to operate state computer networks and networked personal computers.

(c)  An institution of higher education shall purchase, lease, or otherwise acquire and use power management software only if the department, in consultation with the Information Technology Council for Higher Education, determines that the institution of higher education's use of power management software would provide cost savings to this state.  In making a determination under this subsection, the department must perform the analysis described by Section 2054.121(c).  The analysis must include an assessment of how the use of power management software affects the security of electronic data, including data protected from public disclosure by state or federal law.

Added by Acts 2007, 80th Leg., R.S., Ch. 171, Sec. 1, eff. September 1, 2007.



Section  2054.125.  Linking And Indexing Internet Sites.

(a) All state agencies that maintain a generally accessible Internet site shall cooperate to facilitate useful electronic links among the sites. State agencies shall attempt to link their sites in such a manner that different sites from which persons can be expected to need information concurrently are linked.

(b)  Each state agency that maintains a generally accessible Internet site shall establish the site so that the site can be located easily through electronic means.

(c)  The department on request shall assist an agency to comply with this section.

(d)  Each state agency that maintains a generally accessible Internet site and that uses TexasOnline shall include a link to TexasOnline on the front page of the Internet site.

Added by Acts 1999, 76th Leg., ch. 1233, Sec. 3, eff. June 18, 1999. Renumbered from Sec. 2054.121 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(68), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 70, Sec. 2, eff. May 16, 2003; Acts 2003, 78th Leg., ch. 1216, Sec. 4, eff. June 20, 2003.



Section  2054.126.  Posting Of Information On Internet.

(a) The department shall adopt a policy that:

(1)  prescribes terms under which a person may use, copy information from, or link to a generally accessible Internet site maintained by or for a state agency; and

(2)  protects the personal information of members of the public who access information from or through a generally accessible Internet site maintained by or for a state agency.

(b)  The department shall post the policy on its Internet site. A state agency shall prominently post a link to the policy statement on a generally accessible Internet site maintained by or for the agency.

(c)  The policy shall include a statement:

(1)  generally allowing the use and reproduction of information on a state agency's Internet site without the state agency's permission, subject to specified conditions;

(2)  generally allowing linking from a web page to a page on a state agency's Internet site without the state agency's permission, subject to specified conditions;

(3)  prohibiting a state agency from charging a fee to access, use, reproduce information on, or link to its Internet site except to the extent the state agency is specifically authorized to do so by the legislature;

(4)  requiring that the state agency's Internet site be credited as the source of information reproduced from the site and requiring that the date that the material was reproduced from the site be clearly stated;

(5)  prohibiting a state agency from selling or releasing an e-mail address of a member of the public unless the member of the public affirmatively consents to the sale or release of the e-mail address; and

(6)  specifying other policies necessary to protect from public disclosure personal information submitted by a member of the public to a state agency's Internet site to the extent the information is:

(A)  confidential;

(B)  excepted from the requirements of Section 552.021; or

(C)  protected by other law intended to protect a person's privacy interests.

(d)  Each state agency, other than an institution of higher education, that receives an aggregate amount of appropriations in the General Appropriations Act for a state fiscal biennium that exceeds $175 million shall post the following information during the biennium on a generally accessible Internet site maintained by or for the agency:

(1)  an analysis of all agency expenditures during the two preceding state fiscal years that lists each county in the state and states for each county the amount of agency expenditures made in or for the benefit of the county;

(2)  if the information required to substantially comply with Subdivision (1) is not available, an analysis that approximates compliance with Subdivision (1) to the greatest possible extent by listing agency expenditures according to geographic regions of the state, to the extent possible, and by each field office of the agency;

(3)  a profile of the governing officer or of each member of the governing body of the agency that includes, among other information, the office address of the officer or member;

(4)  a listing and description of all contracts with vendors that have a value exceeding $100,000 that the agency has entered into and that are currently being performed or for which performance has not yet begun;

(5)  a brief description of the agency's duties; and

(6)  an electronic link to the agency's rules as published in the electronic version of the Texas Administrative Code and an electronic link to any written procedure of the agency relating to agency hearings that is not contained in the electronic version of the Texas Administrative Code.

(e)  Each state agency that maintains a generally accessible Internet site or for which a generally accessible Internet site is maintained may post on the site any nonconfidential information related to the agency's programs, activities, or functions.

(f)  Each state agency that maintains a generally accessible Internet site or for which a generally accessible Internet site is maintained shall include a link on the agency's Internet site to the state expenditure database established under Section 403.024.  In this subsection, "state agency" has the meaning assigned by Section 403.013.

Added by Acts 1999, 76th Leg., ch. 1573, Sec. 1, eff. Oct. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 545, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 710, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 2054.121 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(69), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(81), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1270, Sec. 4, eff. October 1, 2007.



Section  2054.127.  Internet Website Development: Grants And Assistance.

The department shall encourage each state agency to seek available grants and to work with public educational institutions and members of the business and industry community for the purpose of Internet website development and maintenance.

Added by Acts 2001, 77th Leg., ch. 545, Sec. 4, eff. Sept. 1, 2001.



Section  2054.128.  Environmental And Natural Resources Agencies Internet Portal.

(a) State agencies that have jurisdiction over matters related to environmental protection or quality or to the development, conservation, or preservation of natural resources shall develop, in mutual cooperation with the department, a single information link, through the TexasOnline portal, to provide electronic access to information and services related to the agencies' authority and duties, including access to agency rules and other public information.

(b)  The department shall coordinate the efforts of the agencies in developing the information link to ensure that the efforts produce a link that is compatible with efforts of the task force conducted under Section 2054.062.

Added by Acts 2001, 77th Leg., ch. 613, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 2054.127 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(82), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 5, eff. September 1, 2007.



Section 2054.129.  Advertising Online Options.

Each state agency shall advertise the options for completing transactions with that agency online.

Added by Acts 2005, 79th Leg., Ch. 1260, Sec. 4, eff. June 18, 2005.



Section 2054.130.  Removal Of Data From Data Processing Equipment; Rules.

(a) A state agency shall permanently remove data from data processing equipment before disposing of or otherwise transferring the equipment to a person who is not a state agency or other agent of the state.  This section applies only to equipment that will not be owned by the state after the disposal or other transfer.

(b)  The department shall adopt rules to implement this section.  The rules must include rules that:

(1)  specify what types of data processing equipment are covered by this section, including computer hard drives and other memory components;

(2)  explain the acceptable methods for removal of data; and

(3)  adopt appropriate forms for use by state agencies in documenting the removal process, including forms for documenting completion of the process.

Added by Acts 2005, 79th Leg., Ch. 686, Sec. 1, eff. September 1, 2005.



Section  2054.131.  Electronic Benefits Enrollment And Administration System.

(a) In this section, "work site benefits plan" means a plan or other arrangement to provide to officers, employees, or former officers or employees:

(1)  insurance, including health, life, and disability insurance and health benefits plans;

(2)  flexible spending accounts; or

(3)  savings or retirement benefits.

(b)  If the State Council on Competitive Government and the Legislative Budget Board each determine that a cost savings may be realized through a private vendor selected under this section, the State Council on Competitive Government may implement a project that establishes a common electronic infrastructure through which each state agency, including any retirement system created by statute or by the constitution, shall:

(1)  require its work site benefits plan participants to electronically:

(A)  enroll in any work site benefits plans provided to the person by the state or a state agency;

(B)  add, change, or delete benefits;

(C)  sign any payroll deduction agreements to implement a contribution made to a plan in which the participant enrolls;

(D)  terminate participation in a voluntary plan;

(E)  initiate account investment changes and withdrawals in a retirement plan;

(F)  obtain information regarding plan benefits; and

(G)  communicate with the plan administrator; and

(2)  administer its work site benefits plans electronically by using the project to:

(A)  enroll new plan participants and, when appropriate, terminate plan participation;

(B)  generate eligibility and enrollment reports for plan participants;

(C)  link plan administration with payroll administration to facilitate payroll deductions for a plan;

(D)  facilitate single-source billing arrangements between the agency and a plan provider; and

(E)  transmit and receive information regarding the plan.

(c)  The electronic infrastructure established under Subsection (a) may include TexasOnline, the Internet, intranets, extranets, and wide area networks.

(d)  If the State Council on Competitive Government implements an electronic infrastructure project under this section, the State Council on Competitive Government shall select and contract with a single private vendor to implement the project. The contract must require the application of the project to all state agencies without cost to the state until the project is initially implemented.

(e)  The private vendor selected under Subsection (d) must offer existing information resources technology for use in the project that:

(1)  will be available to all state agencies, including retirement systems;

(2)  includes each agency's work site benefits plan participants;

(3)  will use, to the extent possible, the department's information technology standards, including information security, privacy and disaster recovery, and Internet-based technology standards;

(4)  includes applications and a supporting platform that are already developed and used in connection with the electronic enrollment of work site benefits plans offered by other multiple plan providers;

(5)  is available for use with a wide variety of plan and benefit providers;

(6)  can be easily modified to permit changes in benefits offered by the state or a state agency;

(7)  provides a solution to overcome limitations caused by the incompatibility of different legacy systems used by different state agencies and plan providers;

(8)  is available for use over the Internet through existing or new websites or portals; and

(9)  is supported, to the extent necessary, by:

(A)  laptop and desktop enrollment and administration capabilities; and

(B)  a telephone call center.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 13.01, eff. Oct. 20, 2003.



Section 2054.132.  Posting Of Forms Required.

Each state agency shall make available on its Internet website each of its forms used by the public.

Added by Acts 2005, 79th Leg., Ch. 672, Sec. 1, eff. September 1, 2005.



Subchapter G. Project Management Practices

Section  2054.151.  Purpose And Findings.

(a) The legislature intends that state agency information resources and information resources technologies projects will be successfully completed on time and within budget and that the projects will function and provide benefits in the manner the agency projected in its plans submitted to the department and in its appropriations requests submitted to the legislature.

(b)  The legislature finds that to ensure the successful completion of all information resources projects, all projects must be managed using project management practices.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 19, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 7, eff. September 1, 2007.



Section 2054.152.  Definition.

In this subchapter, "project management practices" includes the documented and repeatable activities through which a state agency applies knowledge, skills, tools, and techniques to satisfy project activity requirements.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 19, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 8, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.04, eff. September 1, 2009.



Section 2054.153.  Department Guidelines.

(a) The department by rule shall establish guidelines for project management practices that take into account varying levels of project size and complexity.

(b)  In developing the guidelines, the department shall:

(1)  consult with state agencies; and

(2)  accomodate existing project management practices of state agencies.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 19, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 9, eff. September 1, 2007.



Section 2054.154.  Department Assistance.

The department shall establish a comprehensive technical assistance program to aid state agencies in developing and implementing their own project management practices.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 19, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 10, eff. September 1, 2007.



Section 2054.156.  State Agency Duties. (a)

Each state agency shall manage information resources projects based on project management practices that are consistent with the department's guidelines under Section 2054.153.

(b)  The agency's information resources manager shall oversee the implementation of the agency's project management practices.

 

Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 14, effective September 1, 2007.

 

(c)  The agency's information resources manager shall demonstrate in the agency strategic plan the extent to which the agency uses its project management practices.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 19, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 14, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 11, eff. September 1, 2007.



Section 2054.157.  Oversight By Department.

(a) The department may make formal recommendations to a state agency regarding the agency's need to develop, implement, or improve its project management practices.

(b)  The department shall report on state agencies' progress in developing and implementing project management practices as part of the department's biennial performance report.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 19, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 12, eff. September 1, 2007.



Section  2054.158.  Quality Assurance Team.

The state auditor, Legislative Budget Board, and department shall:

(1)  create a quality assurance team to perform the duties specified in this chapter and other law; and

(2)  specify in writing the responsibilities of the state auditor, Legislative Budget Board, and department in performing the duties.

Added by Acts 2003, 78th Leg., ch. 1246, Sec. 13, eff. Sept. 1, 2003.



Subchapter H. Telecommunications Planning

Section  2054.2011.  Definitions.

In this subchapter:

(1)  "Centralized capitol complex telephone system" means the system described in Section 2170.059.

(2)  "Consolidated telecommunications system" has the meaning assigned by Section 2170.001.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 4.05, eff. Sept. 1, 2001.



Section  2054.203.  Telecommunications Planning And Policy.

(a) The department shall comprehensively collect and manage telecommunications network configuration information about existing and planned telecommunications networks throughout state government.

(b)  The department may require state agencies to submit to the department the agencies' network configuration information, but the department must use existing reports to gather the information if possible and minimize the reporting burden on agencies to the extent possible.

(c)  The department shall establish plans and policies for a system of telecommunications services.

(d)  The department shall develop a statewide telecommunications operating plan for all state agencies.  The plan shall implement a statewide network and include technical specifications.

(e)  The department shall adopt appropriate policies and standards that govern the cost-effective and efficient management, operation, and use of state telecommunications services and shall distribute those policies and standards to all state agencies.

(f)  Each state agency shall comply with the rules, policies, standards, and guidelines the department adopts under this section.

(g)  Strategic planning for all state telecommunications services shall be performed in accordance with the guiding principles of the state strategic plan for information resources management.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 20, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.07, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 1.03, eff. September 1, 2009.



Section 2054.205.  Development Of System.

(a) The department shall develop functional requirements for a statewide system of telecommunications services for all state agencies.  Existing networks, as configured on September 1, 1991, of institutions of higher education are exempt from the requirements.

(b)  The department shall develop requests for information and proposals for a statewide system of telecommunications services for all state agencies.

Added by Acts 1997, 75th Leg., ch. 606, Sec. 20, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.09, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1068, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 1.05, eff. September 1, 2009.



Section 2054.2051.  Oversight Of Systems.

(a) The department shall develop service objectives for the consolidated telecommunications system and the centralized capitol complex telephone system.

(b)  The department shall develop performance measures to establish cost-effective operations and staffing of the consolidated telecommunications system and the centralized capitol complex telephone system.

(c)  The department shall review the status of all projects related to and the financial performance of the consolidated telecommunications system and the centralized capitol complex telephone system, including:

(1)  a comparison between actual performance and projected goals at least once every three months; and

(2)  any benefit of contracting with private vendors to provide some or all of the systems at least once each year.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 4.10, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1246, Sec. 14, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 394, Sec. 7, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 1.06, eff. September 1, 2009.



Subchapter I. Texasonline Project

Section  2054.251.  Definitions.

In this subchapter:

(1)  Repealed by Acts 2005, 79th Leg., Ch. 1260, Sec. 24(1), eff. June 18, 2005.

(2)  Repealed by Acts 2005, 79th Leg., Ch. 1260, Sec. 24(1), eff. June 18, 2005.

(3)  "Licensing entity" means a department, commission, board, office, or other agency of the state or a political subdivision of the state that issues an occupational license.

(4)  "Local government" means a county, municipality, special district, school district, junior college district, or other political subdivision of the state.

(5)  "Occupational license" means a license, certificate, registration, permit, or other form of authorization, including a renewal of the authorization, that:

(A)  a person must obtain to practice or engage in a particular business, occupation, or profession; or

(B)  a facility must obtain before a particular business, occupation, or profession is practiced or engaged in within the facility.

(6)  "Project" means the project implemented under Section 2054.252.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 5, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 24(1), eff. June 18, 2005.

Acts 2005, 79th Leg., Ch. 1292, Sec. 12(1), eff. June 18, 2005.



Section  2054.252.  Texasonline Project.

(a) The department shall implement a project designated "TexasOnline" that establishes a common electronic infrastructure through which state agencies and local governments, including licensing entities, may by any method:

(1)  send and receive documents or required payments to and from:

(A)  members of the public;

(B)  persons who are regulated by the agencies or local governments; and

(C)  the agencies and local governments;

(2)  receive applications for original and renewal licenses and permits, including occupational licenses, complaints about occupational license holders, and other documents for filing from members of the public and persons who are regulated by a state agency or local government that, when secure access is necessary, can be electronically validated by the agency, local government, member of the public, or regulated person;

(3)  send original and renewal occupational licenses to persons regulated by licensing entities;

(4)  send profiles of occupational license holders to persons regulated by licensing entities and to the public;

(5)  store information; and

(6)  provide and receive any other service to and from the agencies and local governments or the public.

(b)  The electronic infrastructure established by the department under Subsection (a) may include the Internet, intranets, extranets, and wide area networks.

(b-1)  The department may include in the electronic infrastructure established under Subsection (a) a method by which a state agency or local government may track payments, including cash and credit card payments, received by the state agency or local government, whether or not the payments are made through the infrastructure.

(c)  The department may implement this section in phases.  Each state agency or local government that chooses to participate in the project and each licensing entity shall comply with the schedule established by the department.

(d)  The department may contract with a private vendor to implement this section.

(e)  The department shall charge fees to licensing entities as provided by this subchapter in amounts sufficient to cover the cost of implementing this section with respect to licensing entities.  The department shall charge a subscription fee to be paid by each licensing entity.  The department may not charge the subscription fee until the service for which the fee is charged is available on the Internet.  If the department determines that the transaction costs exceed the maximum increase in occupational license issuance or renewal fees allowed under Subsection (g), the department may also charge a reasonable convenience fee to be recovered from a license holder who uses the project for online issuance or renewal of a license.

(f)  The department may exempt a licensing entity from subscription fees under Subsection (e) if the department determines that the licensing entity has established an Internet portal that is performing the functions described by Subsection (a).

(g)  Each licensing entity shall increase the occupational license issuance or renewal fees imposed by the licensing entity by an amount sufficient to cover the cost of the subscription fee imposed on the licensing entity under Subsection (e) but not to exceed:

(1)  $5 for an annual occupational license;

(2)  $10 for a biennial occupational license; or

(3)  the amount necessary to cover the cost of the subscription fee imposed on the licensing entity under Subsection (e) for permits or facilities licenses.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 15, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 6, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch. 1260, Sec. 24(2), eff. June 18, 2005.

Acts 2005, 79th Leg., Ch. 1292, Sec. 3, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch. 1292, Sec. 12(2), eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 389, Sec. 2, eff. June 15, 2007.



Section 2054.259.  General Powers And Duties Of Department.

The department shall:

(1)  develop policies related to operation of the project;

(2)  approve or disapprove services to be provided by the project;

(3)  operate and promote the project;

(4)  oversee contract performance for the project;

(5)  comply with department financial requirements;

(6)  oversee money generated for the operation and expansion of the project;

(7)  develop project pricing policies, including policies regarding any fees that a state agency, including the department, or a local government may charge for a transaction that uses the project;

(8)  evaluate participation in the project to determine if performance efficiencies or other benefits and opportunities are gained through project implementation; and

(9)  perform periodic security audits of the operational facilities of the project.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 13, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 7, eff. June 18, 2005.



Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 1260, Sec. 8

For text of section as added by Acts 2005, 79th Leg., Ch. 1292, Sec. 6, see other Sec. 2054.2591.

Section 2054.2591.  Fees.

(a) The department shall set fees that a state agency, including the department, or a local government may charge for a transaction that uses the project.  The department shall set fees at amounts sufficient to recover the direct and indirect costs of the project.

(b)  A fee set by the department for using the project is in addition to any other statutory fees.  The revenue collected from the fees must be used to support the project, including the recovery of project costs.

Added by Acts 2005, 79th Leg., Ch. 1260, Sec. 8, eff. June 18, 2005.



Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 1292, Sec. 6

For text of section as added by Acts 2005, 79th Leg., Ch. 1260, Sec. 8, see other Sec. 2054.2591.

Section 2054.2591.  Fees.

(a) The authority shall set fees that a state agency, including the authority, or a local government may charge for a transaction that uses the project.  The authority shall set fees at amounts sufficient to recover the direct and indirect costs of the project and provide a reasonable rate of return to the authority.

(b)  The authority shall charge a state agency or local government a fee for all services provided to that entity.

(c)  A fee set by the authority for using the project is in addition to any other statutory fees.  The revenue collected from the fees must be used to support the project, including the recovery of project costs.

(d)  No fee may be charged to a person authorized to file electronically under Section 195.003, Local Government Code, for filing, recording, access to, or electronic copies of a real property record subject to the provisions of Chapter 195, Local Government Code, except as provided in Section 195.006 or 195.007, Local Government Code.

Added by Acts 2005, 79th Leg., Ch. 1292, Sec. 6, eff. June 18, 2005.



Section 2054.2592.  Fee Exemption; Barber And Cosmetology Boards.

The department may not charge the State Board of Barber Examiners or the Texas Cosmetology Commission a fee to use the project for the issuance or renewal of an occupational license.

Added by Acts 2005, 79th Leg., Ch. 1260, Sec. 8, eff. June 18, 2005.



Section 2054.260.  Reporting Requirements.

(a) Not later than September 1 of each even-numbered year, the department shall report on the status, progress, benefits, and efficiency gains of the project.  The department shall provide the report to:

(1)  the presiding officer of each house of the legislature;

(2)  the chair of each committee in the legislature that has primary jurisdiction over the department;

(3)  the governor; and

(4)  each state agency or local government participating in the project.

(b)  Not later than September 1 of each even-numbered year, the department shall report on financial matters, including project costs and revenues, and on any significant issues regarding contract performance on the project.

(c)  The department shall provide the report to:

(1)  the presiding officer of each house of the legislature; and

(2)  the chair of each committee in the legislature with primary jurisdiction over the department.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 9, eff. June 18, 2005.

Reenacted by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 7.0042, eff. September 1, 2007.



Section  2054.2605.  Reporting Requirements: Licensing Entities.

(a) Each licensing entity shall report to the Legislative Budget Board on the licensing entity's progress in using the project in performing the functions described by Section 2054.252(a).

(b)  This section applies only to a licensing entity for which the department has begun implementation of the project under the schedule established by the department.

(c)  A report required by this section shall be submitted every six months according to a reporting schedule established by the Legislative Budget Board.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 10, eff. June 18, 2005.



Section  2054.2606.  Reporting Profile Information.

(a) The following licensing entities shall establish a profile system consisting of the specific license holder information prescribed by Subsection (c):

(1)  Texas Board of Chiropractic Examiners, with respect to chiropractors;

(2)  Texas State Board of Podiatric Medical Examiners, with respect to podiatrists;

(3)  State Board of Dental Examiners, with respect to dentists;

(4)  Texas Optometry Board, with respect to optometrists and therapeutic optometrists;

(5)  Texas Board of Physical Therapy Examiners, with respect to physical therapists and physical therapy facilities;

(6)  Texas Board of Occupational Therapy Examiners, with respect to occupational therapists and occupational therapy facilities;

(7)  Texas State Board of Examiners of Psychologists, with respect to psychologists; and

(8)  Texas State Board of Pharmacy, with respect to pharmacists and pharmacies.

(b)  A licensing entity other than a licensing entity listed in Subsection (a) is encouraged to establish a profile system consisting of the specific license holder information prescribed by Subsection (c).

(c)  A licensing entity that establishes a profile system under this section shall determine the information to be included in the system and the manner for collecting and reporting the information. At a minimum, the entity shall include the following information in the profile system:

(1)  the name of the license holder and the address and telephone number of the license holder's primary practice location;

(2)  whether the license holder's patient, client, user, customer, or consumer service areas, as applicable, are accessible to disabled persons, as defined by federal law;

(3)  the type of language translating services, including translating services for a person with impairment of hearing, that the license holder provides for patients, clients, users, customers, or consumers, as applicable;

(4)  if applicable, insurance information, including whether the license holder participates in the state child health plan under Chapter 62, Health and Safety Code, or the Medicaid program;

(5)  the education and training received by the license holder, as required by the licensing entity;

(6)  any specialty certification held by the license holder;

(7)  the number of years the person has practiced as a license holder; and

(8)  if applicable, any hospital affiliation of the license holder.

(d)  The department shall adopt rules to prescribe the amount of the fee to be collected by a state agency that establishes a profile system for its license holders.

(e)  The department shall adopt additional rules as necessary to assist in the funding and administration of the profile systems established by state agencies, including rules prescribing policies for vendor contracts relating to the collection and entry of profile data.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 11, eff. June 18, 2005.



Section 2054.261.  Assistance And Coordination With Other Governmental Entities.

(a) The department shall:

(1)  assist state agencies and local governments in researching and identifying potential funding sources for the project;

(2)  assist state agencies and local governments in using the project;

(3)  assist the legislature and other state leadership in coordinating electronic government initiatives; and

(4)  coordinate operations between state agencies and local governments to achieve integrated planning for the project.

(b)  The department by rule shall adopt standards for state agency Internet websites to ensure consistency and compatibility with the project.  Each state agency shall make its Internet website conform to the standards.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 12, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 389, Sec. 3, eff. June 15, 2007.



Section 2054.262.  Rules.

The department shall adopt rules regarding operation of the project.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 13, eff. June 18, 2005.



Section 2054.263.  Seal.

The department shall adopt an icon, symbol, brand, seal, or other identifying device to represent the project.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 14, eff. June 18, 2005.



Section 2054.266.  Donations And Grants.

The department may request and accept a donation or grant from any person for use by the department in implementing or managing the project.

Added by Acts 2001, 77th Leg., ch. 342, Sec. 3, eff. May 3, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 15, eff. June 18, 2005.



Section  2054.268.  Contracts; Conflict Of Interest.

A contract entered into between the authority and another state agency or a local government is not void for the sole reason that a member of the authority also serves on the governing body of the state agency or local government with which the contract was entered.

Added by Acts 2003, 78th Leg., ch. 1216, Sec. 14, eff. June 20, 2003.



Section  2054.269.  Intellectual Property Rights.

The department may exercise all intellectual property rights regarding the project, including prevention of other persons from using names or designs similar to those used by the project to market products.

Added by Acts 2003, 78th Leg., ch. 1216, Sec. 14, eff. June 20, 2003.



Section  2054.270.  Motor Vehicle Registrations.

For purposes of this chapter, the renewal of a motor vehicle registration is a state service.

Added by Acts 2003, 78th Leg., ch. 1216, Sec. 14, eff. June 20, 2003.



Section  2054.271.  Authentication Of Individual Identities And Signatures; Rules.

(a) The department or another state agency or local government that uses the project may use the Department of Public Safety's or another state agency's database, as appropriate, to authenticate an individual's identity on the project.

(b)  The authentication allowed by this section may be used by the state agency or local government as an alternative to requiring a notarized document, a document signed by a third party, or an original signature on a document.

(c)  The department may adopt rules regarding the use of a standardized database for authentication under this section.

Added by Acts 2003, 78th Leg., ch. 1216, Sec. 14, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 16, eff. June 18, 2005.



Section 2054.272.  Business Permits And Licenses Internet Portal.

(a) A state agency that has jurisdiction over matters related to occupational licenses, including a licensing entity of this state, shall develop in cooperation with the department a link through the TexasOnline portal.

(b)  The link shall provide streamlined access to each occupational license listed on TexasOnline.

(c)  The department may not charge a fee to implement this section.

Added by Acts 2005, 79th Leg., Ch. 672, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 7.0043, eff. September 1, 2007.



Section 2054.2721.  Independent Annual Audit.

(a) Not later than August 1 of each year, any private vendor chosen to implement or manage the project shall have an audit of the vendor's finances associated with the management and operation of the project performed by an independent certified public accountant selected by the state.  The vendor shall pay for the audit and shall have a copy of the audit provided to the department.

(b)  Not later than August 15 of each year, the department shall provide a copy of the audit report to:

(1)  the presiding officer of each house of the legislature; and

(2)  the chair of each committee in the legislature with primary jurisdiction over the department.

(c)  The department shall keep a copy of the audit report and make the audit report available for inspection by any interested person during regular business hours.

Added by Acts 2005, 79th Leg., Ch. 1292, Sec. 9, eff. June 18, 2005.

Renumbered from Government Code, Sections 2054.272 and 2054.273 and reenacted by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 7.005, eff. September 1, 2007.



Section 2054.273.  Collection And Forwarding Of Fees.

(a) A state agency or a vendor, as determined by the department, shall collect all fees charged to use the project.  If a state agency collects the fees charged to use the project, the state agency shall forward the fees to the vendor, if the state has contracted with a vendor under Section 2054.252(d).  If the state has not contracted with a vendor, the state agency shall forward to the state an amount equal to the state's share of the fees.  If a vendor collects or receives the fees charged for use of the project, it shall forward to the state an amount equal to the state's share of the fees as provided by the vendor's contract with the department.

(b)  A person that pays a fee for using the project may recover the fee in the ordinary course of business.

Added by Acts 2005, 79th Leg., Ch. 1292, Sec. 10, eff. June 18, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 7.0051, eff. September 1, 2007.



Section 2054.274.  Recovery Of Fees.

A person that pays a fee for using the project may recover the fee in the ordinary course of business.

Added by Acts 2005, 79th Leg., Ch. 1260, Sec. 17, eff. June 18, 2005.



Subchapter J. Texas Project Delivery Framework

Section 2054.301.  Applicability; Definition.

(a) This subchapter applies only to:

(1)  a major information resources project; and

(2)  a major contract.

(b)  In this subchapter, "major contract" means a major contract as defined by Section 2262.001(4) under which a vendor will perform or manage an outsourced function or process.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1081, Sec. 4, eff. September 1, 2007.



Section 2054.302.  Guidelines; Forms.

(a) A state agency shall prepare each document required by this subchapter in a manner consistent with department guidelines.

(b)  The department, in consultation with the Legislative Budget Board and state auditor's office, shall develop and provide guidelines and forms for the documents required by this subchapter.

(c)  The department shall work with state agencies in developing the guidelines and forms.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.



Section 2054.303.  Business Case And Statewide Impact Analysis.

(a) For each proposed major information resources project or major contract, a state agency must prepare:

(1)  a business case providing the initial justification for the project or contract, including the anticipated return on investment in terms of cost savings and efficiency for the project or contract; and

(2)  a statewide impact analysis of the project's or contract's effect on the state's common information resources infrastructure, including the possibility of reusing code or other resources.

(b)  The agency shall file the documents with the quality assurance team when the agency files its legislative appropriations request.

(c)  The department shall use the analysis to ensure that the proposed project or major contract does not unnecessarily duplicate existing statewide information resources technology.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1081, Sec. 5, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 13, eff. September 1, 2007.



Section 2054.304.  Project Plans.

(a) A state agency shall develop a project plan for each major information resources project or major contract.

(b)  Except as provided by Subsection (c), the state agency must file the project plan with the quality assurance team and the department before the agency:

(1)  spends more than 10 percent of allocated funds for the project or major contract; or

(2)  first issues a vendor solicitation for the project or contract.

(c)  Unless the project plan has been filed under this section:

(1)  a vendor solicitation may not be issued for the project or major contract; and

(2)  the agency may not post a vendor solicitation for the project or contract in the state business daily under Section 2155.083.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 2.05, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1081, Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 11.021, eff. September 1, 2009.



Section 2054.305.  Procurement Plan And Method For Monitoring Contracts.

Before issuing a vendor solicitation for a project or major contract, the state agency must develop, consistent with department guidelines:

(1)  a procurement plan with anticipated service levels and performance standards for each vendor; and

(2)  a method to monitor changes to the scope of each contract.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1081, Sec. 7, eff. September 1, 2007.



Section 2054.306.  Post-implementation Review.

After implementation of a major information resources project, a state agency shall prepare a post-implementation review.  The agency shall provide the review to the agency's executive director and the quality assurance team.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1208, Sec. 14, eff. September 1, 2007.



Section 2054.307.  Approval Of Documents And Contract Changes.

(a) A state agency's executive director, information resources manager, designated project manager, and the agency employee in charge of information security for the agency must approve and sign:

(1)  each document required by this subchapter; and

(2)  if the department requires the approval and signatures, any other document related to this subchapter.

(b)  The state agency's executive director must approve a proposed contract amendment or change order for a major information resources project if the amendment or change order:

(1)  changes the monetary value of the contract by more than 10 percent; or

(2)  significantly changes the completion date of the contract.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.06, eff. September 1, 2005.



Subchapter K. Electronic System For Occupational Licensing Transactions

Section 2054.351.  Definitions. In

this subchapter, "licensing entity" and "occupational license" have the meanings assigned those terms by Section 2054.251.

Added by Acts 2001, 77th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 6, eff. June 20, 2003. Renumbered from Government Code Sec. 2054.251 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(83), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 18, eff. June 18, 2005.



Section  2054.352.  Applicability.

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Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 213, Sec. 27

 

(a)  The following licensing entities shall participate in the system established under Section 2054.353:

(1)  Texas Board of Chiropractic Examiners;

(2)  Court Reporters Certification Board;

(3)  State Board of Dental Examiners;

(4)  Texas Funeral Service Commission;

(5)  Texas Board of Professional Land Surveying;

(6)  Texas Medical Board;

(7)  Texas Board of Nursing;

(8)  Texas Optometry Board;

(9)  Department of Agriculture, for licenses issued under Chapter 1951, Occupations Code;

(10)  Texas State Board of Pharmacy;

(11)  Executive Council of Physical Therapy and Occupational Therapy Examiners;

(12)  Texas State Board of Plumbing Examiners;

(13)  Texas State Board of Podiatric Medical Examiners;

(14)  Board of Tax Professional Examiners;

(15)   Texas State Board of Examiners of Psychologists;

(16)  State Board of Veterinary Medical Examiners;

(17)  Texas Real Estate Commission;

(18)  Texas Appraiser Licensing and Certification Board;

(19)  Texas Department of Licensing and Regulation;

(20)  Texas State Board of Public Accountancy;

(21)  State Board for Educator Certification;

(22)  Texas Board of Professional Engineers;

(23)  Department of State Health Services;

(24)  Texas Board of Architectural Examiners;

(25)  Texas Racing Commission;

(26)  Commission on Law Enforcement Officer Standards and Education; and

(27)  Texas Private Security Board.

 

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 450, Sec. 39

 

(a)  The following licensing entities shall participate in the system established under Section 2054.353:

(1)  Texas Board of Chiropractic Examiners;

(2)  Court Reporters Certification Board;

(3)  State Board of Dental Examiners;

(4)  Texas Funeral Service Commission;

(5)  Texas Board of Professional Land Surveying;

(6)  Texas Medical Board;

(7)  Texas Board of Nursing;

(8)  Texas Optometry Board;

(9)  Department of Agriculture, for licenses issued under Chapter 1951, Occupations Code;

(10)  Texas State Board of Pharmacy;

(11)  Executive Council of Physical Therapy and Occupational Therapy Examiners;

(12)  Texas State Board of Plumbing Examiners;

(13)  Texas State Board of Podiatric Medical Examiners;

(14)   Polygraph Examiners Board;

(15)  Texas State Board of Examiners of Psychologists;

(16)  State Board of Veterinary Medical Examiners;

(17)  Texas Real Estate Commission;

(18)  Texas Appraiser Licensing and Certification Board;

(19)  Texas Department of Licensing and Regulation;

(20)  Texas State Board of Public Accountancy;

(21)  State Board for Educator Certification;

(22)  Texas Board of Professional Engineers;

(23)  Department of State Health Services;

(24)  Texas Board of Architectural Examiners;

(25)  Texas Racing Commission;

(26)  Commission on Law Enforcement Officer Standards and Education; and

(27)  Texas Private Security Board.

(b)  The department may add additional agencies as system capabilities are developed.

(c)  A licensing entity other than an entity listed by Subsection (a) may participate in the system established under  Section 2054.353, subject to the approval of the department.

Added by Acts 2001, 77th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.007, eff. Feb. 1, 2004; Acts 2003, 78th Leg., ch. 1216, Sec. 7, eff. June 20, 2003. Renumbered from Government Code Sec. 2054.252 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(83), 3(28), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Secs. 8.017, 8.018, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 4.03, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1260, Sec. 19, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 59, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 890, Sec. 2.03, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 213, Sec. 27, eff. May 27, 2009.

Acts 2009, 81st Leg., R.S., Ch. 450, Sec. 39, eff. September 1, 2009.



Section 2054.353.  Electronic System For Occupational Licensing Transactions.

(a) The department shall administer a common electronic system using the Internet through which a licensing entity can electronically:

(1)  send occupational licenses and other documents to persons regulated by the licensing entity and to the public;

(2)  receive applications for occupational licenses and other documents for filing from persons regulated by the licensing entity and from the public, including documents that can be electronically signed if necessary; and

(3)  receive required payments from persons regulated by the licensing entity and from the public.

(b)  The department may implement this section in phases.  Each licensing entity that participates in the system established under this section shall comply with the schedule established by the department.

(c)  The department may use any Internet portal established under a demonstration project administered by the department.

(d)  The department may exempt a licensing entity from participating in the system established by this section if the department determines that:

(1)  the licensing entity has established an Internet portal that allows the performance of the functions described by Subsection (a); or

(2)  online license renewal for the licensing entity would not be cost-effective or in the best interest of the project.

Added by Acts 2001, 77th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 9, eff. June 20, 2003. Renumbered from Government Code Sec. 2054.253 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(83), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1260, Sec. 20, eff. June 18, 2005.



Section  2054.354.  Steering Committee.

(a) The steering committee for electronic occupational licensing transactions consists of a representative of each of the following, appointed by its governing body:

(1)  each licensing entity listed by Section 2054.352(a); and

(2)  the department.

(b)  The governing body of a licensing entity described by Section 2054.352(c) may appoint a representative to the committee.

(c)  A member of the committee serves at the will of the entity that appointed the member.

(d)  The representative of the department is the presiding officer of the committee. The committee shall meet as prescribed by committee procedures or at the call of the presiding officer.

(e)  The committee shall advise the department regarding the department's implementation of Section 2054.353.

(f)  Chapter 2110 does not apply to the size, composition, or duration of the committee. Any reimbursement of the expenses of a member of the committee may be paid only from funds available to the governmental entity the member represents.

Added by Acts 2001, 77th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 10, eff. June 20, 2003. Renumbered from Government Code Sec. 2054.254 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(83), 3(29), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 8.019, eff. September 1, 2005.



Section  2054.355.  Change Of Address And Other Information.

(a) The system adopted under Section 2054.253, as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001, must allow a person regulated by one or more licensing authorities to file a single change of address on-line with the department. The department shall provide the new address to each appropriate licensing authority.

(b)  The department may expand the system to include additional categories of updated information that license holders may need to provide to more than one licensing authority.

(c)  If the department uses TexasOnline to implement the system, the department may recover costs incurred under this section as provided by Section 2054.252, as added by Chapter 342, Acts of the 77th Legislature, Regular Session, 2001.

Added by Acts 2003, 78th Leg., ch. 514, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 816, Sec. 25.001, eff. Sept. 1, 2003. Renumbered from Government Code Sec. 2054.255 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(38), eff. Sept. 1, 2005.



Section  2054.356.  Sharing Of Information.

(a) Each licensing authority shall electronically share information regarding license holders, especially information regarding disciplinary information, with other licensing authorities to the extent it is feasible to do so and allowed by other law, under appropriate controls for the privacy, security, accuracy, and, when applicable, confidentiality of the information.

(b)  A licensing authority may only use information it receives electronically under this section for regulatory purposes.

Added by Acts 2003, 78th Leg., ch. 514, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 816, Sec. 25.001, eff. Sept. 1, 2003. Renumbered from Government Code Sec. 2054.255 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(39), eff. Sept. 1, 2005.



Subchapter L. Statewide Technology Centers

Section 2054.375.  Definition.

In this subchapter, "statewide technology center" means a statewide technology center established or operated under this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.376.  Applicability.

(a) This subchapter applies to all information resources technologies, other than telecommunications services, that are:

(1)  obtained by a state agency using state money; or

(2)  used by a state agency.

(b)  This subchapter does not apply to:

(1)  the Department of Public Safety's use for criminal justice or homeland security purposes of a federal database or network;

(2)  a Texas equivalent of a database or network described by Subdivision (1) that is managed by the Department of Public Safety;

(3)  the uniform statewide accounting system, as that term is used in Subchapter C, Chapter 2101;

(4)  the state treasury cash and treasury management system; or

(5)  a database or network managed by the comptroller to:

(A)  collect and process multiple types of taxes imposed by the state; or

(B)  manage or administer fiscal, financial, revenue, and expenditure activities of the state under Chapter 403 and Chapter 404.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.377.  Institutions Of Higher Education.

The department may not establish or expand a statewide technology center that includes participation by an institution of higher education unless the Information Technology Council for Higher Education agrees to the establishment or expansion.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.378.  Scope Of Operation Of Centers.

(a) The department may operate statewide technology centers to provide two or more state agencies, on a cost-sharing basis, services relating to:

(1)  information resources and information resources technology; and

(2)  the deployment and development of statewide applications.

(b)  The department may operate a statewide technology center directly or contract with another person to operate the center.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.379.  Rules.

The department shall adopt rules and guidelines to implement this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.380.  Fees.

The department shall set and charge a fee to each state agency that receives a service from a statewide technology center in an amount sufficient to cover the direct and indirect cost of providing the service.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.381.  Contracting; Historically Underutilized Businesses.

(a) In any procurement related to the establishment of a statewide technology center, the department shall maximize vendor competition and, to the extent feasible and cost-effective, interoperability.

(b)  In contracting under this subchapter, the department shall follow the requirements of Chapter 2161 and related rules regarding historically underutilized businesses.

(c)  The department shall provide to all qualified businesses the opportunity to compete for department contracts under this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.382.  Statewide Technology Centers For Data Or Disaster Recovery Services; Use Required.

(a) The department shall manage the operations of statewide technology centers that provide data center services or disaster recovery services for two or more state agencies, including management of the operations of the center on the campus of Angelo State University.

(b)  The department by rule shall describe the data services provided by statewide technology centers.

(c)  A state agency may not spend appropriated money to contract or issue purchase orders for data center services or disaster recovery services, including maintenance of those services, unless the executive director approves the expense.  The department may establish appropriate thresholds and procedures for securing approval under this subsection.

(d)  The Legislative Budget Board may not grant prior approval under Section 2054.386 in relation to services provided under this section.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.383.  Establishment Of Additional Statewide Technology Centers.

(a) The department may establish additional statewide technology centers as provided by this section.

(b)  The department may not establish a center under this section unless:

(1)  the governor approves the establishment;

(2)  the Legislative Budget Board approves the expenditures necessary for the establishment; and

(3)  the executive director determines in writing that  consolidating operations or services of selected state agencies will promote efficiency and effectiveness and provide the best value for the state.

(c)  In the written determination under Subsection (b)(3), the executive director shall identify the selected state agencies that will be required to participate in the new center.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.384.  Cost And Requirements Analysis.

(a) The department shall conduct a cost and requirements analysis for each state agency that the department intends to select for participation in a statewide technology center.

(b)  A selected state agency shall identify its particular requirements, operations costs, and requested service levels for the department.  The department may require a state agency to validate or resubmit data related to these factors.  The department shall fulfill the requirements and service levels of each state agency to the extent possible.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.385.  Notice Of Selection.

After completion of the cost and requirements analysis for each state agency under Section 2054.384, the department shall provide notice to each state agency selected to receive services or operations through the statewide technology center.  The notice must include:

(1)  the state agency operations selected for consolidation at a statewide technology center;

(2)  the scope of services to be provided to the agency;

(3)  a schedule of anticipated costs for the agency; and

(4)  the implementation schedule for that agency.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.386.  Interagency Contract; Prior Approval Of Expenditures.

(a) A state agency that is selected under Section 2054.385 to receive services or to have operations performed through a statewide technology center may not, except as provided by Subsection (b), spend appropriated money for the identified operations and services without the prior approval of the Legislative Budget Board.

(b)  Unless the Legislative Budget Board grants prior approval for the selected state agency to spend appropriated money for the identified operations or services in another specified manner, the selected agency shall enter into an interagency contract with the department to receive the identified services and have the identified operations performed through the statewide technology center.  Amounts charged to the selected agency under the interagency contract must be based on the fees set by the department under Section 2054.380 but may not exceed the amounts expected to be necessary to cover the direct and indirect costs of performing operations and providing services under the contract.  Before executing an interagency contract or alternatively receiving prior approval from the Legislative Budget Board under this section, the state agency may only spend appropriated money for the selected service or operation if the executive director approves the expense.

(c)  Not later than the 30th business day after the date the selected state agency is notified of its selection under Section 2054.385, the agency may request the Legislative Budget Board to grant its prior approval for the agency to spend appropriated money for the identified operations or services in a manner other than through an interagency contract with the department under Subsection (b).

(d)  The request to the Legislative Budget Board must:

(1)  be in writing;

(2)  include a copy of the selection notice made by the executive director; and

(3)  demonstrate that the decision of the executive director to select the agency will probably:

(A)  fail to achieve meaningful cost savings for the state; or

(B)  result in an unacceptable loss of effectiveness or operational efficiency.

(e)  If the Legislative Budget Board determines that an interagency contract between the department and the selected state agency under Subsection (b) will fail to achieve meaningful cost savings for the state or result in an unacceptable loss of effectiveness or operational efficiency at the selected agency, the Legislative Budget Board may grant its prior approval for the selected agency to spend appropriated money for the identified operations or services in another specified manner, in which event the selected agency is not required to enter into an interagency contract under Subsection (b).

(f)  The Legislative Budget Board shall notify the state agency, the executive director, and the comptroller of its decision.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.387.  Interagency Contract; Compliance With Service Levels.

The department shall ensure compliance with service levels agreed to in an interagency contract executed under this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.388.  Transfer Of Ownership. (a

) The  department, subject to the governor's approval, may require a state agency that enters into an interagency contract under Section 2054.386 to transfer to the department ownership, custody, or control of resources that the department, in consultation with the agency, determines are used to support the operations or services selected under Section 2054.385.  These resources may include:

(1)  information resources;

(2)  information resources technologies;

(3)  full-time equivalent positions; and

(4)  any other resources determined necessary by the department to support the selected operations or services.

(b)  The department shall advise the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and state auditor's office regarding the expected savings to be received for each state agency from which ownership, custody, or control is transferred under this section.

(c)  The department and the state agency shall work to reconcile any federal funding issues that arise out of a transfer under this section.  The department, subject to the governor's approval, shall exclude applicable resources from the transfer if the federal funding issues cannot be reconciled.

(d)  Chapter 2175 does not apply to information resources or information resources technologies transferred under this section.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.389.  Transition Schedules.

The department shall establish transition schedules for the transfer of state agency operations and services to statewide technology centers under this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.390.  Migration Of Services.

(a) The department shall prioritize the migration of services to the statewide technology center system established under this subchapter based on the size of the current technology center operational environment at a state agency, with the largest 25 technology center environments ranking highest in priority.

 

Section 2054.390(b) expires September 1, 2013.

 

(b)  Unless the executive director determines that a migration under this section is not cost-effective, the department shall ensure the migration of at least three technology center environments to the statewide technology center system each fiscal year.  This subsection expires September 1, 2013.

(c)  A state agency shall comply with the department's request to migrate under this section.

(d)  Any consolidation plan adopted by the department to execute this section must prioritize and fully use the existing capacity of the State Data Center located on the campus of Angelo State University.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Section 2054.391.  Use Of Statewide Technology Centers Required.

(a) A state agency may not transfer services from a statewide technology center unless the executive director and the governor approve the transfer.

(b)  If the department becomes aware that a state agency is not using a statewide technology center for operations or services in accordance with the interagency contract entered into under Section 2054.386 and as directed by the department, the department shall notify the comptroller, the Legislative Budget Board, the state auditor's office, and the affected state agency of the violation.

(c)  After notification under Subsection (b), the state agency may not spend appropriated money for operations or services the agency was selected to receive through a statewide technology center without the prior approval of the executive director.

Added by Acts 2005, 79th Leg., Ch. 1068, Sec. 1.07, eff. September 1, 2005.



Subchapter M. Access To Electronic And Information

RESOURCES BY INDIVIDUALS WITH DISABILITIES


Section 2054.451.  Definitions.

In this subchapter:

(1)  "Electronic and information resources" means information resources and any equipment or interconnected system of equipment that is used in the creation, conversion, or duplication of information resources.  The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines.

(2)  "State agency" means a department, commission, board, office, council, authority, or other agency in the executive, legislative, or judicial branch of state government 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.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.452.  Training And Technical Assistance.

(a) The department shall provide training for and technical assistance to state agencies regarding compliance with this subchapter.

(b)  The department shall adopt rules to implement this section.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.453.  Rules; Compliance With Federal Standards And Laws.

(a) The department shall adopt rules and evaluation criteria to implement this subchapter, including rules regarding:

(1)  the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities; and

(2)  a procurement accessibility policy.

(b)  In adopting rules under this section, the department shall consider the provisions contained in 36 C.F.R. Part 1194.

(c)  This subchapter does not require the state to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) to the extent it is not required by federal law.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.454.  State Agency Compliance.

(a) If required by the department, each state agency shall develop, procure, maintain, and use accessible electronic and information resources that conform to the rules adopted under this subchapter.

(b)  The department shall ensure that rules adopted under this subchapter are reviewed as a component of any report developed under Section 2054.102(c) on compliance with department standards.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.455.  Public Information.

The department shall develop a process by which the public may provide information regarding compliance with this subchapter.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.456.  Access To Electronic And Information Resources By State Employees With Disabilities. (a)

Each state agency shall, in developing, procuring, maintaining, or using electronic and information resources, ensure that state employees with disabilities have access to and the use of those resources comparable to the access and use available to state employees without disabilities, unless compliance with this section imposes a significant difficulty or expense on the agency under Section 2054.460.  Subject to Section 2054.460, the agency shall take reasonable steps to ensure that a disabled employee has reasonable access to perform the employee's duties.

(b)  This section does not require a state agency to install specific accessibility-related software or attach an assistive technology device at a workstation of a state employee.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.457.  Access To Electronic And Information Resources By Other Individuals With Disabilities. (a)

Each state agency shall provide members of the public with disabilities who are seeking information or other services from the agency access to and the use of electronic and information resources comparable to the access and use provided to members of the public without disabilities, unless compliance with this section imposes a significant difficulty or expense on the agency under Section 2054.460.

(b)  This section does not require a state agency to:

(1)  make a product owned by the agency available for access and use by individuals with disabilities at a location other than the location where the electronic and information resources are provided to the public; or

(2)  purchase a product for access and use by individuals with disabilities at a location other than the location where the electronic and information resources are provided to the public.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.458.  Internet Websites.

The department shall adopt rules regarding the development and monitoring of state agency Internet websites to provide access to individuals with disabilities.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.459.  Emerging Technologies; Products.

The department shall adopt rules regarding:

(1)  emerging technologies related to the purpose of this subchapter; and

(2)  the commercial availability of products, including computer software, to implement this subchapter.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.460.  Exception For Significant Difficulty Or Expense; Alternate Methods.

(a) If compliance with a provision of this subchapter imposes a significant difficulty or expense on a state agency, the agency is not required to comply with that provision, but the agency may provide individuals with disabilities an alternate method of access under Subsection (b).

(b)  If under Subsection (a) a state agency is not complying with a provision of this subchapter, the agency may use alternate methods to provide timely access by individuals with disabilities to state agency electronic and information resources, including access to product documentation.  Alternate methods include voice, fax, teletypewriter, Internet posting, captioning, text-to-speech synthesis, and audio description.

(c)  In determining whether compliance imposes a significant difficulty or expense on the state agency, the agency shall consider all agency resources available to the program or program component for which the product is being developed, procured, maintained, or used.

(d)  The department shall adopt rules to implement this section.

(e)  The executive director of the state agency shall make the final decision on whether this section applies.  The decision may not be appealed.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.461.  Exemptions.

The department shall adopt rules regarding exempting a state agency from the duty to comply with this subchapter or a provision of this subchapter.  In adopting rules under this section, the department shall focus on circumstances in which the benefit of compliance for individuals with disabilities is relatively minor and the cost of compliance is relatively great.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.462.  Exception For Embedded Information Resources.

This subchapter does not apply to electronic and information resources equipment that contains embedded information resources that are used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of information, including thermostats or temperature control devices or other heating, ventilation, and air conditioning equipment.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.463.  Exception For Medical Equipment.

This subchapter does not apply to an item of medical equipment in which electronic and information resources are integral to its operation.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.



Section 2054.464.  Survey;  Reporting Requirements.

The department shall adopt guidelines regarding:

(1)  an electronic and information resources state agency survey; and

(2)  state agency reporting requirements for implementation of this subchapter.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 691, Sec. 12, eff. September 1, 2007.



Section 2054.465.  No Cause Of Action Created.

This subchapter does not create a cause of action.

Added by Acts 2005, 79th Leg., Ch. 750, Sec. 1, eff. September 1, 2005.


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