Key Technology Legislation Enacted by the 80th Legislature
June 26, 2007
This page provides summaries of 32 bills that have technology impact to state agencies and DIR. Provisions in House Bill (H.B.) 1, the appropriations act for the FY 2008-09 biennium, and H.B. 15, the supplemental appropriations act, are not included in this summary. The final, or enrolled, version of legislation is accessible at Texas Legislature Online.
If you have questions regarding the legislation, including DIR's implementation of individual bills, please contact David Duncan at (512) 936-9851.
Table of Contents
House Bills
HB66 – Power Management
Software
Amends Section 2054,
Government Code
Author/Sponsor: Rep.
Leibowitz/Senator Watson
Bill Summary: Requires
state agencies to use power management software to reduce the amount of energy
used to operate networks and networked personal computers. Requires DIR to
research the software, and award contracts for the software if its use is
considered to be technically feasible.
If DIR determines that there
would be a cost savings to the state in the FY 08-09 biennium, the agencies
must use the software. Institutions of higher education must use it only if
DIR, in consultation with the Information Technology Council for Higher
Education (ITCHE), determines there would be a savings to the state.
Effective Date: September
1, 2007
HB84 – Driver License Renewal for Elderly Persons
Amends Section 521.271, Transportation Code
Author/Sponsor: Rep.
Branch/Senator Carona
Bill Summary: The
driver license, including a commercial license, of a person that is 85 years
old or older, expires on the person's second birthday after their license
renewal or application. Persons who are 79 years old or older are not allowed
to renew their license through the mail or TexasOnline. Persons that are 85 or
older pay $8 for a regular license and $25 for a commercial license.
Effective Date: September
1, 2007
HB119 – Catalog Purchases
Amends Sections 2155 and
2157, Government Code
Author/Sponsor: Rep.
F. Brown/Senator Ogden
Bill Summary: Competitive
bidding is required for purchases over $5,000 that are made under a written
contract. Catalog purchases that exceed $5,000 or are made under a written contract
must be based on three offers from catalog information system vendors (CISV). If
the purchase is not based on three offers, the reason must be documented. Previous
law set the amount in both cases at $2,000.
Effective Date: September
1, 2007
HB273 – School District Reports on Contract
Fees
Amends Sections 34 and 44,
Education Code.
Author/Sponsor: Rep.
Truitt/Senator Harris
Bill Summary: A
school district that enters into a contract valued at over $25,000 through a
cooperative contract program must annually present in a written report to the
school board the amount, purpose, and disposition of any management fee paid
through the contract. The report must be presented in an open meeting and
listed as an agenda item for the meeting.
Effective Date: Immediate
effect
HB522 – Electronic Data Exchange Advisory Committee
Adds new Subchapter J to Title 8, Insurance Code
Author/Sponsor: Rep.
Woolley/Senator Duncan
Bill Summary: Includes DIR as a member of a technical advisory committee on electronic data exchange, with other members appointed by the commissioner of insurance from specific categories. The advisory committee will advise the commissioner of insurance on technology standards to be used by health plan issuers in providing eligibility information and on data elements required to be provided by the health plan issuers. The advisory committee will also make recommendations regarding the use of information technologies to provide eligibility information, and recommend provisions for an identification card pilot program.
Effective Date: May 25, 2007
HB590 – State Agency Ethics Policy
Amends Section 572.051,
Government Code
Author/Sponsor: Rep.
Delisi/Senator Zaffirini
Bill Summary: Requires
the Office of the Attorney General to develop and distribute to agencies a
model ethics policy by November 1, 2007; requires each state agency to adopt
and distribute to each employee an ethics policy by January 1, 2008. The agency
is not required to base its policy on the OAG's model policy. New employees
must be given the policy not later than their third day of employment. These
policies are based on current law in Section 572.051, Government Code.
Effective Date: September
1, 2007
HB674 – Authority of DIR to Accept Gifts and Grants
Amends Section 2054.052,
Government Code
Author/Sponsor: Rep.
Swinford/Senator Seliger
Bill Summary: Allows
DIR to accept or refuse a gift or grant of money, services, or property on
behalf of the state for any public purposes related to DIR's duties.
Effective Date: Immediate
effect
HB675 – Membership of DIR's Governing Board
Amends Section 2054.021,
Government Code
Author/Sponsor: Rep.
Swinford/Senator Seliger
Bill Summary: Allows
an ex officio member of the DIR board of directors to designate a senior
manager to serve in the member's place. Changes an ex officio member from the
commissioner of workers' compensation to the commissioner of insurance.
Effective Date: Immediate
effect
HB735 – Discontinuation of the Telecommunications
Infrastructure Fund
Amends Section 21 and 32,
Education Code, Sections 487, 531, 654, and 2054, Government Code, and Sections
58 and 59, Utilities Code; repeals certain sections of the Education,
Government and Utilities codes.
Author/Sponsor: Rep.
Straus/Senator Williams
Bill Summary: Discontinues
the assessment collection for the Telecommunications Infrastructure Fund on
September 30, 2008. Removes the Telecommunications Infrastructure Fund Board as
a member of DIR's Telecommunications Planning and Oversight Council.
Effective Date: September
1, 2008
HB921 – Data Sharing Standards for State Agencies
Amends Section 2054,
Government Code; Chapter 113, Health and Safety Code
Author/Sponsor: Rep.
Delisi/Senator Ellis
Bill Summary: Requires
the Health Care Policy Council, in consultation with DIR, to develop standards
for the secure sharing of electronic data among health and human services
agencies. These standards must be used by participating agencies in the
implementation of information resource systems "whenever possible and
practical" to better provide services. The Council shall ensure that the system
of sharing information provides information about clients' history and health
information. Continuity of care for inmates being admitted or discharged from
the Texas Youth Commission is the initial focus of the information sharing.
In consultation with DIR, the
Council shall evaluate how the agencies manage and exchange data. After the
Council publishes the standards, DIR must publish the standards on the DIR Web
site and inform the Speaker and Lieutenant Governor of the standards'
publication.
Effective Date: Immediate
effect
HB957 – Deferred Compensation Plan for State
Employees
Amends Chapters 609 and 659,
Government Code
Author/Sponsor: Rep.
Orr/Senator Ellis
Bill Summary: State
employees that begin employment on or after January 1, 2008 are automatically
enrolled in a 401(k) plan through the Employees Retirement System (ERS) unless
the employee elects not to participate in the plan. One percent of the
employee's salary is contributed to a default investment selected by the ERS
board. At any time, the employee may withdraw from the plan, change the
percentage contributed or change the investment to which the contribution is
made.
Effective Date: September
1, 2007; only applies to employees who begin employment on or after January 1,
2008
HB1254 – Electronic Reporting and Environmental
Fees
Amends Section 5.128(a),
Water Code
Author/Sponsor: Rep.
Bonnen/Senator Averitt
Bill Summary: Allows
the Texas Commission on Environmental Quality (TCEQ) to adjust fees to
encourage electronic reporting of information. TCEQ may consult with DIR on a
simple format for use in electronic reporting.
Effective Date: September
1, 2007
HB1275 – Appeal Process Related to Veteran's Hiring
Preference
Amends Section 657,
Government Code
Author/Sponsor: Rep.
McClendon/Senator Uresti
Bill Summary: For
persons eligible for a veteran's employment preference, establishes an appeal
process if the person has a complaint about a hiring or Reduction In Force
process. An agency's governing body must respond to a complaint no more than 15
business days after receiving the complaint, and may overrule the decision.
Effective Date: September
1, 2007
HB1297 – Creation of State Employee Wellness
Program
Amends Chapter 664,
Government Code
Author/Sponsor: Rep.
Delisi/Senator Nelson
Bill Summary: A
statewide wellness program is established at the Department of State Health
Services (DSHS), managed by a statewide wellness coordinator. DIR and other
agencies must designate a liaison between the agency and the statewide wellness
coordinator. The statewide coordinator may assist the agency to adopt best
practices and implement strategies to encourage wellness.
Effective Date: September
1, 2007
HB1739 – Electronic Submission of Death
Certificates
Amends Section 193, Health
and Safety Code
Author/Sponsor: Rep.
Hartnett/Senator Nelson
Bill Summary: Requires
the person in charge of interment or removal of a body to file a death
certificate electronically, as specified by the state registrar at DSHS. A
funeral home or doctor that does not renew their license online is not required
to comply with this law before September 1, 2008.
Effective Date: September
1, 2007
HB1788 – Agencies' Planning and Reporting
Requirements
Amends Sections 531 and 2054,
Government Code
Author/Sponsor: Rep.
Pitts/Senator Hegar
Bill Summary: Consolidates
the agencies' information resources strategic plan into each agency's strategic
plan, and requires agencies to submit their strategic plans to DIR. Requires
agencies to submit to DIR a biennial information resources review of that agency's
deployment of information resources (IR). DIR must require the agency to
prepare a corrective action plan if its IR deployment is not consistent with
the strategic plan, state law or agency rules.
Requires agencies to use the
hardware configurations specified by DIR in the agency's planned procurement
schedules. Consolidates into DIR's Biennial Performance Report existing reports
on TexasOnline, agencies' use of the Internet to provide training, and
accessibility. Requires DIR, with the Legislative Budget Board (LBB), the Texas Building and Procurement Commission (TBPC), and the Comptroller of Public Accounts (CPA),
to prepare a biennial report to the state leadership on streamlining technology
data collection. (This was previously a one-time report required in HB1516.)
Effective Date: September
1, 2007
HB1789 – Management and Oversight of Information
Resources Projects
Amends Section 2054,
Government Code, repeals sections of 2054 and 2055, Government Code
Author/Sponsor: Rep.
Pitts/Senator Hegar
Bill Summary: Changes
existing requirements regarding development and use of "internal quality
assurance procedures" to apply to "project management practices." By rule, DIR
is required to establish guidelines for project management practices, taking
into consideration agencies' existing practices, and to assist agencies in the
development of their own project management practices. Repeals laws mandating a
separate Project Management Office at DIR.
Effective Date: September
1, 2007
HB2714 – Recycling Programs for Computer Equipment
Amends Chapter 361, Health
and Safety Code and Section 7, Water Code
Author/Sponsor: Rep.
Bonnen/Senator Watson
Bill Summary: Manufacturers
of personal computer equipment are required to have computer recycling programs
that are certified by TCEQ. DIR is required to give special preference to
manufacturers with a program to recycle equipment from other manufacturers. An
agency that purchases or leases computer equipment must require each bidder to
certify the bidder's compliance with this law or the bidder is ineligible to
participate in the procurement.
Effective Date: September
1, 2007; the law may not be enforced until September 1, 2008
HB2918 – Information Technology Procurement
Practices
Amends Section 44, Education
Code; Sections 2054, 2155, 2157, and 2262, Government Code; and Section 60.454,
Water Code; repeals certain sections in Chapter 2155 and 2157, Government Code.
Author/Sponsor: Rep.
Isett/Senator Deuell
Bill Summary: Eliminates
the Catalog Information System Vendor registration program. Transfers from TBPC
to DIR the technology aspect of the Texas Multiple Award Schedule (TxMAS)
program. Requires that agencies use the Project Delivery Framework for any
business process outsourcing with a value over $1 million. Allows "assistance
organizations," as defined in law, access to DIR cooperative contracts. Requires
training for contract managers on advanced sourcing strategies, techniques and
tools.
Effective Date: September
1, 2007
HB3106 – Enterprise Resource Planning by Comptroller
Amends Chapter 2101,
Government Code; repeals Section 2055.104, Government Code
Author/Sponsor: Rep.
Isett/Senator Hegar
Bill Summary: Transfers
from DIR to the CPA explicit authority for enterprise resource planning (ERP),
including the uniform statewide accounting system. Requires agencies' use of
ERP systems adopted by the CPA. Establishes an ERP advisory council, which
includes DIR, to develop a plan for implementation of ERP standards.
Effective Date: September
1, 2007
HB3249 – Sunset Review Schedule for DIR
Amends Chapter 325,
Government Code
Author/Sponsor: Rep.
Truitt/Senator Brimer
Bill Summary: Changes
the date of DIR's Sunset review from 2009 to 2011.
Effective Date: September
1, 2007
HB3430 – Central State Database of Agencies'
Expenditures
Amends Sections 403, 2006,
2054, and 2177, Government Code; Chapter 313, Tax Code; and Chapter 51,
Education Code
Author/Sponsor: Rep.
Strama/Senator Hegar
Bill Summary: Requires
the CPA to post on the Internet a searchable database of the expenditures of
all state agencies. Agencies must provide the CPA information needed for the
database. DIR must provide a link to the database on TexasOnline, and each
agency must include a link to the database on the agency's Web site.
The LBB must post on the Internet
information about every request for proposal and contract with a value over
$50,000. Also requires agencies to develop an economic impact statement before
adopting rules that may adversely impact small businesses.
Effective Date: October
1, 2007
HB3560 – Transfer of Non-Technology Procurement
from TBPC to CPA
Amends many sections of the
Government Code.
Author/Sponsor: Rep.
Swinford/Senator Janek
Bill Summary: Transfers
the procurement program from TBPC to the CPA, and changes the name of TBPC to
the Texas Facilities Commission. The Statewide Procurement Advisory Council is
created, consisting of representatives from DIR, the Facilities Commission, the
Governor's office and the LBB. A quorum of the Council must be present when the
CPA's chief clerk awards a contract.
Local governments and
non-profits that certify historically underutilized businesses (HUBs) must make
information on those HUBs available to the public through a searchable database.
Use of HUBs is a key performance measure for state agencies, and certain
information on the agency's use of HUBs must be included in the agency's
legislative appropriations request.
DIR is added as a member of the
Telecommunications Planning and Oversight Council and the Commission on State
Emergency Communications. The General Land Office is added to the Council on
Competitive Government.
Responsibility is transferred to
DIR from TBPC to work with the Public Utility Commission to ensure that
telephone directory listings for state agencies and programs are consistent
with the categorization developed by the Records Management Interagency
Coordinating Council, of which DIR is a member.
The Sunset Commission will
evaluate the Texas Facilities Commission and make recommendations to the 81st
Legislature (in 2009) about the Commission's functions, including the benefit
of outsourcing or transferring to another agency any of those functions. The
Sunset Commission will also recommend to the 82nd Legislature (in
2011) whether the procurement program should remain at the CPA. Unless a law is
passed leaving procurement at the CPA, the program will transfer back to the
Texas Facilities Commission.
Effective Date: September
1, 2007
HB3575 – IV&V Program for TIERS and SAVERR
Amends Chapter 531,
Government Code
Author/Sponsor: Rep.
Rose/Senator Nelson
Bill Summary: HHSC
is required to develop a transition plan to make TIERS (the Texas Integrated
Eligibility Redesign System) and SAVERR (the System of Application,
Verification, Eligibility, Referral and Reporting) more fully functional by
January 1, 2009. In consultation with DIR, the State Auditor's Office (SAO)
must establish an independent validation and verification (IV&V) program to
evaluate the transition plan and eligibility system. The quality assurance team
(QAT) must also monitor the eligibility system during the period of the
transition plan.
A joint House-Senate legislative
oversight committee is established to oversee implementation of the transition
plan, review recommendations from the SAO and the QAT, and recommend legislative
action as appropriate.
Effective Date: Immediate
effect
Senate Bills
SB29 – Information on
TexasOnline for Health Professionals' Licenses
Amends Section 105.003,
Health and Safety Code
Author/Sponsor: Senator
Nelson/Rep. Truitt
Bill Summary: Requires
DIR, through TexasOnline and in consultation with the Statewide Health
Coordinating Council and the Health Professions Council, to add certain fields
to the license application or renewal forms for 21 health professions. The
information must be provided to the Statewide Health Coordinating Council to
conduct workforce studies. DIR must work with the agencies that are members of
the Health Professions Council to minimize their costs of obtaining the
information.
Effective Date: March
1, 2008
SB136 – Community Education Program on Internet
Safety
Amends Chapter 37, Education
Code
Author/Sponsor: Senator
Nelson/Rep. Branch
Bill Summary: The Texas School Safety Center is required to develop a program on Internet
safety and make the program available to public schools. The program must
include information on the potential dangers of placing personal information on
a Web site, how to report an inappropriate online solicitation, and how to
prevent, detect and report bullying or threats that occurred over the Internet.
Effective Date: Immediate
effect
SB175 – Deadlines Under the Public Information Law
Amends Section 552,
Government Code
Author/Sponsor: Senator
Wentworth/Rep. Parker
Bill Summary: Clarifies
that deadlines to provide information under the open records law refer to
business days and not calendar days.
Effective Date: Immediate
effect
SB608 – State Contract Restrictions for Certain
Contractors
Amends Sections 2155 and
2261, Government Code
Author/Sponsor: Senator
Ellis/Rep. Callegari
Bill Summary: Prohibits
a state agency from awarding a contract to a company that, in the five year
period before the contract award date, was convicted of a federal law or
assessed an administrative penalty in connection with a federal contract for
relief, recovery or reconstruction following hurricanes Rita or Katrina. Vendors
must certify in bids or awards that they are not ineligible to receive a
contract under this provision. If an agency awards a contract to an ineligible
vendor, the agency may immediately terminate the contract.
Effective Date: September
1, 2007
SB622 – Geographic Information System Goals
Amends Section 16.021, Water
Code
Author/Sponsor: Senator
Carona/Rep. Callegari
Bill Summary: Requires
the Texas Geographic Information Council (TGIC), of which DIR is a member, to
report to DIR, the legislature, the Governor and the Water Development Board on
the progress made by each TGIC member toward achieving and implementing the
state's geographic information system goal. The report is due by November 1 of
each even-numbered year.
Effective Date: Immediate
effect
SB687 – Use of TexasOnline by State Agencies
Amends Section 2054,
Government Code
Author/Sponsor: Senator
Shapleigh/Rep. Solomons
Bill Summary: Allows
agencies to use TexasOnline for payment tracking systems and defines
point-of-sale transactions on TexasOnline. Requires DIR to, by rules, adopt
standards for agencies' Web sites that will ensure consistency and
compatibility with TexasOnline and requires agencies to comply with those
standards.
Effective Date: Immediate
effect
SB757 – Planning and Management of
Telecommunications Services
Amends Section 2054,
Government Code
Author/Sponsor: Senator
Hegar/Rep. Callegari
Bill Summary: Requires
greater coordination between the Telecommunications Planning and Oversight
Council (TPOC) and DIR. Requires DIR, instead of TPOC, to collect and manage
information about existing and planned state telecommunications networks, and
requires DIR to provide that information to TPOC.
Changes the biennial report on
the state telecommunications network from being developed by TPOC to being part
of DIR's Biennial Performance Report, and changes the state telecommunications
plan from being developed by TPOC to being part of DIR's state strategic plan. Repeals
TPOC's annual report on the consolidated telecommunications network and the
Capitol complex telephone system.
Effective Date: September
1, 2007
SB1310 – Reimbursement of Travel Expenses for State
Employees
Amends Chapter 660, Government Code
Author/Sponsor: Senator
Wentworth/Rep. Rose
Bill Summary: State
agencies must reimburse employees' travel expenses within 45 days of submittal
of the reimbursement request.
Effective Date: Immediate
effect
