H.B. No. 1705
AN ACT
relating to the Department of Information Resources, including the
abolition of the telecommunications planning and oversight
council, the electronic commerce network, and the electronic
procurement marketplace and standards for certain school district
software.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROVISIONS RELATING TO ABOLITION OF THE
TELECOMMUNICATIONS PLANNING AND OVERSIGHT COUNCIL
SECTION 1.01. Section 2054.091(d), Government Code, is
amended to read as follows:
(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. [The telecommunications planning
and oversight council shall appoint one of its members to serve as a
member of the advisory committee.]
SECTION 1.02. The heading to Subchapter H, Chapter 2054,
Government Code, is amended to read as follows:
SUBCHAPTER H. TELECOMMUNICATIONS PLANNING [AND OVERSIGHT COUNCIL]
SECTION 1.03. Sections 2054.203(a), (c), and (d),
Government Code, are amended to read as follows:
(a) The department shall comprehensively collect and manage
telecommunications network configuration information about
existing and planned telecommunications networks throughout state
government. [The department shall provide the information
collected under this section to the telecommunications planning and
oversight council in a manner consistent with state and federal
security restrictions.]
(c) The [telecommunications planning and oversight council
in consultation with the] department shall establish plans and
policies for a system of telecommunications services.
(d) The [telecommunications planning and oversight council
in consultation with the] department shall develop a statewide
telecommunications operating plan for all state agencies. The plan
shall implement a statewide network and include technical
specifications [that are binding on the department].
SECTION 1.04. Section 2054.204, Government Code, is
transferred to Subchapter E, Chapter 2054, Government Code,
renumbered as Section 2054.0925, Government Code, and amended to
read as follows:
Sec. 2054.0925 [2054.204]. TELECOMMUNICATIONS IN STATE
STRATEGIC PLAN. (a) The [department shall consult with the
telecommunications planning and oversight council regarding
telecommunications elements of the] plan under Section 2054.092[.
The plan] 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. [In developing the plan under Section 2054.092,
the telecommunications planning and oversight council and the
department shall make use of the technical expertise of state
agencies, including institutions of higher education.]
SECTION 1.05. Section 2054.205, Government Code, is amended
to read as follows:
Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
[telecommunications planning and oversight council in consultation
with 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 [in consultation with the
telecommunications planning and oversight council] shall develop
requests for information and proposals for a statewide system of
telecommunications services for all state agencies.
SECTION 1.06. Section 2054.2051, Government Code, is
amended to read as follows:
Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
[telecommunications planning and oversight council in consultation
with the] department shall develop service objectives for the
consolidated telecommunications system and the centralized capitol
complex telephone system.
(b) The [telecommunications planning and oversight council
in consultation with 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 [telecommunications planning and
oversight council] 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.
[(d) The telecommunications planning and oversight council
shall make recommendations to the board on ways to improve the
operation of the consolidated telecommunications system and the
centralized capitol complex telephone system based on its review of
their performance and on concerns raised by using entities.]
SECTION 1.07. Section 2054.207, Government Code, is
transferred to Section 2054.055, Government Code, redesignated as
Subsection (b-1), and amended to read as follows:
(b-1) [Sec. 2054.207. REPORT TO LEGISLATURE. The
department shall consult with the telecommunications planning and
oversight council regarding information that must be included in
the performance report under Section 2054.055.] 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.
SECTION 1.08. (a) On the effective date of this Act, the
telecommunications planning and oversight council is abolished.
(b) A rule, form, plan, policy, or order of the
telecommunications planning and oversight council is continued in
effect as a rule, form, plan, policy, or order of the Department of
Information Resources until superseded by a rule or other
appropriate action of the Department of Information Resources.
SECTION 1.09. (a) The following provisions of the
Government Code are repealed:
(1) Section 2054.201;
(2) Section 2054.202;
(3) Section 2054.2025; and
(4) Section 2170.060.
(b) In accordance with Section 311.031, Government Code,
Section 2054.2025, Government Code, is continued in effect for the
limited purpose of applying in relation to an act performed before
the effective date of this Act.
ARTICLE 2. PROVISIONS RELATING TO OTHER PROGRAMS ADMINISTERED BY
THE DEPARTMENT OF INFORMATION RESOURCES
SECTION 2.01. Section 2054.003(12), Government Code, is
amended to read as follows:
(12) "Project" means an initiative that:
(A) provides [a program to provide] information
resources technologies and creates products, services, or results
[support to functions] within or among elements of a state agency;
and
(B) [, that ideally] 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.
SECTION 2.02. Section 2054.095(b), Government Code, is
amended to read as follows:
(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 [internal
quality assurance procedures];
(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.
SECTION 2.03. Sections 2054.1015(b) and (c), Government
Code, are amended to read as follows:
(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 [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.
SECTION 2.04. Section 2054.152, Government Code, is amended
to read as follows:
Sec. 2054.152. DEFINITION. In this subchapter, "project
management practices" includes the documented and repeatable
activities through which [methods that] a state agency applies
[uses to apply] knowledge, skills, tools, and techniques to satisfy
project activity requirements.
SECTION 2.05. Section 2170.004, Government Code, is amended
to read as follows:
Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
AGENCIES. The department may contract for use of the consolidated
telecommunications system with:
(1) each house of the legislature;
(2) a legislative agency;
(3) an agency that is not a state agency as defined by
Section 2151.002;
(4) a political subdivision, including a county,
municipality, or district; [and]
(5) a private institution of higher education
accredited by a recognized accrediting agency, as defined by
Section 61.003, Education Code, that:
(A) engages in distance learning, as defined by
Section 57.021, Utilities Code; and
(B) receives federal funds for distance learning
initiatives; and
(6) an assistance organization, as defined by Section
2175.001.
SECTION 2.06. Subchapter I, Chapter 39, Education Code, is
amended by adding Section 39.205 to read as follows:
Sec. 39.205. SOFTWARE STANDARDS. (a) The Department of
Information Resources, in cooperation with the commissioner, shall
adopt performance and interoperability standards for software used
by school districts for financial accounting or attendance
reporting.
(b) Standards adopted under this section must ensure that
the software will enable a school district to share and report
information in a timely manner for purposes of financial
management, operational decision-making, and transparency of
district operations to the public.
(c) The Department of Information Resources:
(1) shall include compliance with standards adopted
under this section as a requirement in any solicitation for
software anticipated to be used for a purpose described by
Subsection (a);
(2) shall require a vendor awarded a contract in
response to a solicitation described by Subdivision (1) to certify
that the software complies with the standards adopted under this
section; and
(3) may negotiate state contract pricing for software
that complies with the standards adopted under this section.
SECTION 2.07. The following provisions of the Government
Code are repealed:
(1) Section 2054.051(d);
(2) Section 2054.0551;
(3) Section 2054.123;
(4) Section 2171.0521; and
(5) Chapter 2177.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Section 2151.0041(c), Government Code, is
amended to read as follows:
(c) Unless otherwise provided by the legislature by law, on
September 1, 2011:
(1) the powers and duties transferred to the
comptroller under Section 2151.004(d) and under House Bill 3560,
Acts of the 80th Legislature, Regular Session, 2007, are
transferred to the Texas Facilities Commission;
(2) a reference in law to the comptroller relating to a
power or duty transferred under this subsection means the Texas
Facilities Commission;
(3) a rule or form adopted by the comptroller relating
to a power or duty transferred under this subsection is a rule or
form of the Texas Facilities Commission and remains in effect until
altered by the commission;
(4) all obligations, contracts, proceedings, cases,
negotiations, funds, and employees of the comptroller relating to a
power or duty transferred under this subsection are transferred to
the Texas Facilities Commission;
(5) all property and records in the custody of the
comptroller relating to a power or duty transferred under this
subsection and all funds appropriated by the legislature for
purposes related to a power or duty transferred under this
subsection are transferred to the Texas Facilities Commission; and
(6) Section 122.0011, Human Resources Code, and the
following provisions of the Government Code expire:
(A) Sections 2151.004(c) and (d);
(B) Section 2155.0011;
(C) Section 2155.086;
(D) Section 2155.087;
(E) Section 2156.0011;
(F) Section 2157.0011;
(G) Section 2158.0011;
(H) Section 2161.0011;
(I) Section 2163.0011;
(J) Section 2170.0011;
(K) Section 2171.0011;
(L) Section 2172.0011;
(M) Section 2176.0011; and
(N) [Section 2177.0011; and
[(O)] Section 2262.0011.
SECTION 3.02. Section 2155.264, Government Code, is amended
to read as follows:
Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
ACQUISITION OVER $15,000. A state agency that proposes to make a
purchase or other acquisition that will cost more than $15,000
shall solicit bids or proposals from each eligible vendor on the
master bidders list that serves the agency's geographic region. A
state agency may also solicit bids or proposals through the use of
on-line electronic transmission [or the electronic commerce
network].
SECTION 3.03. Section 2156.003, Government Code, is amended
to read as follows:
Sec. 2156.003. SOLICITATION OF BIDS THROUGH BIDDERS LIST;
BID INVITATIONS. (a) The comptroller [commission] shall
electronically maintain a bidders list [that is integrated into the
electronic procurement marketplace established by the Department
of Information Resources]. If the comptroller [commission]
determines that it is in the state's best interest, the comptroller
[commission] may also maintain the list on paper. The comptroller
[commission] may add or delete names from the list according to
applicable standards provided by Section 2156.007.
(b) An [In addition to any requirements of Chapter 2177, an]
invitation to bid on an item to be purchased may be sent
electronically to a vendor on the bidders list who has expressed a
desire to bid on that type of item.
(c) The comptroller [commission] may use the bidders list in
making a purchase by any purchase method.
SECTION 3.04. Section 2156.005, Government Code, is amended
to read as follows:
Sec. 2156.005. BID SUBMISSION AND OPENING; PUBLIC
INSPECTION. (a) A bidder must submit a sealed bid to the
comptroller [commission] or to the state agency making a purchase.
The bid must be identified on the envelope as a bid.
(b) Subsection (a) does not apply to bids submitted through
the use of facsimile transmission or[,] on-line electronic
transmission[, or the electronic commerce network]. The
comptroller [commission] may adopt rules to ensure the
identification, security, and confidentiality of bids submitted
through the use of facsimile transmission or[,] on-line electronic
transmission[, or the electronic commerce network].
(c) The comptroller [commission] or other state agency
making a purchase shall open bids at the time and place stated in
the invitation to bid.
(d) The comptroller [commission] shall keep a tabulation of
all bids received by the comptroller [commission] available for
public inspection under rules adopted by the comptroller
[commission]. State agencies making purchases shall adopt the
comptroller's [commission's] rules related to bid opening and
tabulation.
SECTION 3.05. Section 2156.063, Government Code, is amended
to read as follows:
Sec. 2156.063. SOLICITATION OF BIDS. The comptroller
[commission] and each state agency making a purchase shall solicit
bids under this subchapter by:
(1) direct mail;
(2) telephone;
(3) telegraph;
(4) facsimile transmission; or
(5) on-line electronic transmission[; or
[(6) posting on the electronic commerce network].
SECTION 3.06. Section 81.057, Natural Resources Code, is
amended to read as follows:
Sec. 81.057. EXEMPTION FROM CERTAIN PURCHASING RULES. The
commission is not required to follow any purchasing procedures
prescribed by or under Subchapter E, Chapter 2155, Government Code,
[the following laws] when the commission makes a purchase in
connection with the remediation of surface locations or well
plugging[:
[(1) Subchapter E, Chapter 2155, Government Code; and
[(2) Subchapters B and C, Chapter 2177, Government
Code].
SECTION 3.07. The following provisions are repealed:
(1) Section 2155.508(c), Government Code; and
(2) Section 271.083(c), Local Government Code.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1705 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1705 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor