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Texas House Bill HB1705

Texas 2009 - 81st Regular

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11 H.B. No. 1705
22
33
44 AN ACT
55 relating to the Department of Information Resources, including the
66 abolition of the telecommunications planning and oversight
77 council, the electronic commerce network, and the electronic
88 procurement marketplace and standards for certain school district
99 software.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. PROVISIONS RELATING TO ABOLITION OF THE
1212 TELECOMMUNICATIONS PLANNING AND OVERSIGHT COUNCIL
1313 SECTION 1.01. Section 2054.091(d), Government Code, is
1414 amended to read as follows:
1515 (d) The executive director shall appoint an advisory
1616 committee to assist in the preparation of the state strategic plan.
1717 The members of the advisory committee appointed by the executive
1818 director must be approved by the board and must include officers or
1919 employees of state government. [The telecommunications planning
2020 and oversight council shall appoint one of its members to serve as a
2121 member of the advisory committee.]
2222 SECTION 1.02. The heading to Subchapter H, Chapter 2054,
2323 Government Code, is amended to read as follows:
2424 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING [AND OVERSIGHT COUNCIL]
2525 SECTION 1.03. Sections 2054.203(a), (c), and (d),
2626 Government Code, are amended to read as follows:
2727 (a) The department shall comprehensively collect and manage
2828 telecommunications network configuration information about
2929 existing and planned telecommunications networks throughout state
3030 government. [The department shall provide the information
3131 collected under this section to the telecommunications planning and
3232 oversight council in a manner consistent with state and federal
3333 security restrictions.]
3434 (c) The [telecommunications planning and oversight council
3535 in consultation with the] department shall establish plans and
3636 policies for a system of telecommunications services.
3737 (d) The [telecommunications planning and oversight council
3838 in consultation with the] department shall develop a statewide
3939 telecommunications operating plan for all state agencies. The plan
4040 shall implement a statewide network and include technical
4141 specifications [that are binding on the department].
4242 SECTION 1.04. Section 2054.204, Government Code, is
4343 transferred to Subchapter E, Chapter 2054, Government Code,
4444 renumbered as Section 2054.0925, Government Code, and amended to
4545 read as follows:
4646 Sec. 2054.0925 [2054.204]. TELECOMMUNICATIONS IN STATE
4747 STRATEGIC PLAN. (a) The [department shall consult with the
4848 telecommunications planning and oversight council regarding
4949 telecommunications elements of the] plan under Section 2054.092[.
5050 The plan] must address matters relating to a state
5151 telecommunications network that will effectively and efficiently
5252 meet the long-term requirements of state government for voice,
5353 video, and computer communications, with the goal of achieving a
5454 single centralized telecommunications network for state
5555 government.
5656 (b) The telecommunications elements of the plan under
5757 Section 2054.092 must recognize that all state agencies, including
5858 institutions of higher education, are a single entity for purposes
5959 of purchasing and the determination of tariffs.
6060 (c) The telecommunications elements of the plan under
6161 Section 2054.092 must incorporate efficiencies obtained through
6262 the use of shared transmission services and open systems
6363 architecture as they become available, building on existing systems
6464 as appropriate. [In developing the plan under Section 2054.092,
6565 the telecommunications planning and oversight council and the
6666 department shall make use of the technical expertise of state
6767 agencies, including institutions of higher education.]
6868 SECTION 1.05. Section 2054.205, Government Code, is amended
6969 to read as follows:
7070 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
7171 [telecommunications planning and oversight council in consultation
7272 with the] department shall develop functional requirements for a
7373 statewide system of telecommunications services for all state
7474 agencies. Existing networks, as configured on September 1, 1991,
7575 of institutions of higher education are exempt from the
7676 requirements.
7777 (b) The department [in consultation with the
7878 telecommunications planning and oversight council] shall develop
7979 requests for information and proposals for a statewide system of
8080 telecommunications services for all state agencies.
8181 SECTION 1.06. Section 2054.2051, Government Code, is
8282 amended to read as follows:
8383 Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
8484 [telecommunications planning and oversight council in consultation
8585 with the] department shall develop service objectives for the
8686 consolidated telecommunications system and the centralized capitol
8787 complex telephone system.
8888 (b) The [telecommunications planning and oversight council
8989 in consultation with the] department shall develop performance
9090 measures to establish cost-effective operations and staffing of the
9191 consolidated telecommunications system and the centralized capitol
9292 complex telephone system.
9393 (c) The department [telecommunications planning and
9494 oversight council] shall review the status of all projects related
9595 to and the financial performance of the consolidated
9696 telecommunications system and the centralized capitol complex
9797 telephone system, including:
9898 (1) a comparison between actual performance and
9999 projected goals at least once every three months; and
100100 (2) any benefit of contracting with private vendors to
101101 provide some or all of the systems at least once each year.
102102 [(d) The telecommunications planning and oversight council
103103 shall make recommendations to the board on ways to improve the
104104 operation of the consolidated telecommunications system and the
105105 centralized capitol complex telephone system based on its review of
106106 their performance and on concerns raised by using entities.]
107107 SECTION 1.07. Section 2054.207, Government Code, is
108108 transferred to Section 2054.055, Government Code, redesignated as
109109 Subsection (b-1), and amended to read as follows:
110110 (b-1) [Sec. 2054.207. REPORT TO LEGISLATURE. The
111111 department shall consult with the telecommunications planning and
112112 oversight council regarding information that must be included in
113113 the performance report under Section 2054.055.] The report under
114114 this section shall address consolidated telecommunications system
115115 performance, centralized capitol complex telephone system
116116 performance, telecommunications system needs, and recommended
117117 statutory changes to enhance system capability and
118118 cost-effectiveness. In this subsection, "centralized capitol
119119 complex telephone system" and "consolidated telecommunications
120120 system" have the meanings assigned by Section 2054.2011.
121121 SECTION 1.08. (a) On the effective date of this Act, the
122122 telecommunications planning and oversight council is abolished.
123123 (b) A rule, form, plan, policy, or order of the
124124 telecommunications planning and oversight council is continued in
125125 effect as a rule, form, plan, policy, or order of the Department of
126126 Information Resources until superseded by a rule or other
127127 appropriate action of the Department of Information Resources.
128128 SECTION 1.09. (a) The following provisions of the
129129 Government Code are repealed:
130130 (1) Section 2054.201;
131131 (2) Section 2054.202;
132132 (3) Section 2054.2025; and
133133 (4) Section 2170.060.
134134 (b) In accordance with Section 311.031, Government Code,
135135 Section 2054.2025, Government Code, is continued in effect for the
136136 limited purpose of applying in relation to an act performed before
137137 the effective date of this Act.
138138 ARTICLE 2. PROVISIONS RELATING TO OTHER PROGRAMS ADMINISTERED BY
139139 THE DEPARTMENT OF INFORMATION RESOURCES
140140 SECTION 2.01. Section 2054.003(12), Government Code, is
141141 amended to read as follows:
142142 (12) "Project" means an initiative that:
143143 (A) provides [a program to provide] information
144144 resources technologies and creates products, services, or results
145145 [support to functions] within or among elements of a state agency;
146146 and
147147 (B) [, that ideally] is characterized by
148148 well-defined parameters, specific objectives, common benefits,
149149 planned activities, a scheduled completion date, and an established
150150 budget with a specified source of funding.
151151 SECTION 2.02. Section 2054.095(b), Government Code, is
152152 amended to read as follows:
153153 (b) Except as otherwise modified by the Legislative Budget
154154 Board or the governor, instructions under Subsection (a) must
155155 require each state agency's strategic plan to include:
156156 (1) a description of the agency's information
157157 resources management organizations, policies, and practices,
158158 including the extent to which the agency uses its project
159159 management practices, as defined by Section 2054.152 [internal
160160 quality assurance procedures];
161161 (2) a description of how the agency's information
162162 resources programs support and promote its mission, goals, and
163163 objectives and the goals and policies of the state strategic plan
164164 for information resources; and
165165 (3) other planning components that the department may
166166 prescribe.
167167 SECTION 2.03. Sections 2054.1015(b) and (c), Government
168168 Code, are amended to read as follows:
169169 (b) The department may require a state agency to provide to
170170 the department a planned procurement schedule for commodity items
171171 if the department determines that the information in the schedule
172172 can be used to provide a benefit to the state. If required by the
173173 department, a [A] state agency must provide a planned procurement
174174 schedule for commodity items to the department before the agency's
175175 operating plan may be approved under Section 2054.102.
176176 (c) The department shall use information contained in the
177177 schedules to plan future vendor solicitations of commodity items or
178178 for any other activity that provides a benefit to the state.
179179 SECTION 2.04. Section 2054.152, Government Code, is amended
180180 to read as follows:
181181 Sec. 2054.152. DEFINITION. In this subchapter, "project
182182 management practices" includes the documented and repeatable
183183 activities through which [methods that] a state agency applies
184184 [uses to apply] knowledge, skills, tools, and techniques to satisfy
185185 project activity requirements.
186186 SECTION 2.05. Section 2170.004, Government Code, is amended
187187 to read as follows:
188188 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
189189 AGENCIES. The department may contract for use of the consolidated
190190 telecommunications system with:
191191 (1) each house of the legislature;
192192 (2) a legislative agency;
193193 (3) an agency that is not a state agency as defined by
194194 Section 2151.002;
195195 (4) a political subdivision, including a county,
196196 municipality, or district; [and]
197197 (5) a private institution of higher education
198198 accredited by a recognized accrediting agency, as defined by
199199 Section 61.003, Education Code, that:
200200 (A) engages in distance learning, as defined by
201201 Section 57.021, Utilities Code; and
202202 (B) receives federal funds for distance learning
203203 initiatives; and
204204 (6) an assistance organization, as defined by Section
205205 2175.001.
206206 SECTION 2.06. Subchapter I, Chapter 39, Education Code, is
207207 amended by adding Section 39.205 to read as follows:
208208 Sec. 39.205. SOFTWARE STANDARDS. (a) The Department of
209209 Information Resources, in cooperation with the commissioner, shall
210210 adopt performance and interoperability standards for software used
211211 by school districts for financial accounting or attendance
212212 reporting.
213213 (b) Standards adopted under this section must ensure that
214214 the software will enable a school district to share and report
215215 information in a timely manner for purposes of financial
216216 management, operational decision-making, and transparency of
217217 district operations to the public.
218218 (c) The Department of Information Resources:
219219 (1) shall include compliance with standards adopted
220220 under this section as a requirement in any solicitation for
221221 software anticipated to be used for a purpose described by
222222 Subsection (a);
223223 (2) shall require a vendor awarded a contract in
224224 response to a solicitation described by Subdivision (1) to certify
225225 that the software complies with the standards adopted under this
226226 section; and
227227 (3) may negotiate state contract pricing for software
228228 that complies with the standards adopted under this section.
229229 SECTION 2.07. The following provisions of the Government
230230 Code are repealed:
231231 (1) Section 2054.051(d);
232232 (2) Section 2054.0551;
233233 (3) Section 2054.123;
234234 (4) Section 2171.0521; and
235235 (5) Chapter 2177.
236236 ARTICLE 3. CONFORMING AMENDMENTS
237237 SECTION 3.01. Section 2151.0041(c), Government Code, is
238238 amended to read as follows:
239239 (c) Unless otherwise provided by the legislature by law, on
240240 September 1, 2011:
241241 (1) the powers and duties transferred to the
242242 comptroller under Section 2151.004(d) and under House Bill 3560,
243243 Acts of the 80th Legislature, Regular Session, 2007, are
244244 transferred to the Texas Facilities Commission;
245245 (2) a reference in law to the comptroller relating to a
246246 power or duty transferred under this subsection means the Texas
247247 Facilities Commission;
248248 (3) a rule or form adopted by the comptroller relating
249249 to a power or duty transferred under this subsection is a rule or
250250 form of the Texas Facilities Commission and remains in effect until
251251 altered by the commission;
252252 (4) all obligations, contracts, proceedings, cases,
253253 negotiations, funds, and employees of the comptroller relating to a
254254 power or duty transferred under this subsection are transferred to
255255 the Texas Facilities Commission;
256256 (5) all property and records in the custody of the
257257 comptroller relating to a power or duty transferred under this
258258 subsection and all funds appropriated by the legislature for
259259 purposes related to a power or duty transferred under this
260260 subsection are transferred to the Texas Facilities Commission; and
261261 (6) Section 122.0011, Human Resources Code, and the
262262 following provisions of the Government Code expire:
263263 (A) Sections 2151.004(c) and (d);
264264 (B) Section 2155.0011;
265265 (C) Section 2155.086;
266266 (D) Section 2155.087;
267267 (E) Section 2156.0011;
268268 (F) Section 2157.0011;
269269 (G) Section 2158.0011;
270270 (H) Section 2161.0011;
271271 (I) Section 2163.0011;
272272 (J) Section 2170.0011;
273273 (K) Section 2171.0011;
274274 (L) Section 2172.0011;
275275 (M) Section 2176.0011; and
276276 (N) [Section 2177.0011; and
277277 [(O)] Section 2262.0011.
278278 SECTION 3.02. Section 2155.264, Government Code, is amended
279279 to read as follows:
280280 Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
281281 ACQUISITION OVER $15,000. A state agency that proposes to make a
282282 purchase or other acquisition that will cost more than $15,000
283283 shall solicit bids or proposals from each eligible vendor on the
284284 master bidders list that serves the agency's geographic region. A
285285 state agency may also solicit bids or proposals through the use of
286286 on-line electronic transmission [or the electronic commerce
287287 network].
288288 SECTION 3.03. Section 2156.003, Government Code, is amended
289289 to read as follows:
290290 Sec. 2156.003. SOLICITATION OF BIDS THROUGH BIDDERS LIST;
291291 BID INVITATIONS. (a) The comptroller [commission] shall
292292 electronically maintain a bidders list [that is integrated into the
293293 electronic procurement marketplace established by the Department
294294 of Information Resources]. If the comptroller [commission]
295295 determines that it is in the state's best interest, the comptroller
296296 [commission] may also maintain the list on paper. The comptroller
297297 [commission] may add or delete names from the list according to
298298 applicable standards provided by Section 2156.007.
299299 (b) An [In addition to any requirements of Chapter 2177, an]
300300 invitation to bid on an item to be purchased may be sent
301301 electronically to a vendor on the bidders list who has expressed a
302302 desire to bid on that type of item.
303303 (c) The comptroller [commission] may use the bidders list in
304304 making a purchase by any purchase method.
305305 SECTION 3.04. Section 2156.005, Government Code, is amended
306306 to read as follows:
307307 Sec. 2156.005. BID SUBMISSION AND OPENING; PUBLIC
308308 INSPECTION. (a) A bidder must submit a sealed bid to the
309309 comptroller [commission] or to the state agency making a purchase.
310310 The bid must be identified on the envelope as a bid.
311311 (b) Subsection (a) does not apply to bids submitted through
312312 the use of facsimile transmission or[,] on-line electronic
313313 transmission[, or the electronic commerce network]. The
314314 comptroller [commission] may adopt rules to ensure the
315315 identification, security, and confidentiality of bids submitted
316316 through the use of facsimile transmission or[,] on-line electronic
317317 transmission[, or the electronic commerce network].
318318 (c) The comptroller [commission] or other state agency
319319 making a purchase shall open bids at the time and place stated in
320320 the invitation to bid.
321321 (d) The comptroller [commission] shall keep a tabulation of
322322 all bids received by the comptroller [commission] available for
323323 public inspection under rules adopted by the comptroller
324324 [commission]. State agencies making purchases shall adopt the
325325 comptroller's [commission's] rules related to bid opening and
326326 tabulation.
327327 SECTION 3.05. Section 2156.063, Government Code, is amended
328328 to read as follows:
329329 Sec. 2156.063. SOLICITATION OF BIDS. The comptroller
330330 [commission] and each state agency making a purchase shall solicit
331331 bids under this subchapter by:
332332 (1) direct mail;
333333 (2) telephone;
334334 (3) telegraph;
335335 (4) facsimile transmission; or
336336 (5) on-line electronic transmission[; or
337337 [(6) posting on the electronic commerce network].
338338 SECTION 3.06. Section 81.057, Natural Resources Code, is
339339 amended to read as follows:
340340 Sec. 81.057. EXEMPTION FROM CERTAIN PURCHASING RULES. The
341341 commission is not required to follow any purchasing procedures
342342 prescribed by or under Subchapter E, Chapter 2155, Government Code,
343343 [the following laws] when the commission makes a purchase in
344344 connection with the remediation of surface locations or well
345345 plugging[:
346346 [(1) Subchapter E, Chapter 2155, Government Code; and
347347 [(2) Subchapters B and C, Chapter 2177, Government
348348 Code].
349349 SECTION 3.07. The following provisions are repealed:
350350 (1) Section 2155.508(c), Government Code; and
351351 (2) Section 271.083(c), Local Government Code.
352352 ARTICLE 4. EFFECTIVE DATE
353353 SECTION 4.01. This Act takes effect September 1, 2009.
354354 ______________________________ ______________________________
355355 President of the Senate Speaker of the House
356356 I certify that H.B. No. 1705 was passed by the House on April
357357 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
358358 voting.
359359 ______________________________
360360 Chief Clerk of the House
361361 I certify that H.B. No. 1705 was passed by the Senate on May
362362 21, 2009, by the following vote: Yeas 31, Nays 0.
363363 ______________________________
364364 Secretary of the Senate
365365 APPROVED: _____________________
366366 Date
367367 _____________________
368368 Governor