H.B. No. 1504
AN ACT
relating to statutory references to the common electronic
infrastructure project formerly known as TexasOnline.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.0511(c-1), Code of Criminal
Procedure, is amended to read as follows:
(c-1) In this subsection, "state electronic Internet
portal" ["TexasOnline"] has the meaning assigned by Section
2054.003, Government Code. As an alternative to receiving the
defendant's driving record under Subsection (c)(2), the judge, at
the time the defendant requests a driving safety course or
motorcycle operator training course dismissal under this article,
may require the defendant to pay a fee in an amount equal to the sum
of the amount of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal
[TexasOnline] fee and, using the state electronic Internet portal
[TexasOnline], may request the Texas Department of Public Safety to
provide the judge with a copy of the defendant's driving record that
shows the information described by Section 521.047(b),
Transportation Code. As soon as practicable and using the state
electronic Internet portal [TexasOnline], the Texas Department of
Public Safety shall provide the judge with the requested copy of the
defendant's driving record. The fee authorized by this subsection
is in addition to any other fee required under this article. If the
copy of the defendant's driving record provided to the judge under
this subsection shows that the defendant has not completed an
approved driving safety course or motorcycle operator training
course, as appropriate, within the 12 months preceding the date of
the offense, the judge shall allow the defendant to complete the
appropriate course as provided by this article. The custodian of a
municipal or county treasury who receives fees collected under this
subsection shall keep a record of the fees and, without deduction or
proration, forward the fees to the comptroller, with and in the
manner required for other fees and costs received in connection
with criminal cases. The comptroller shall credit fees received
under this subsection to the Texas Department of Public Safety.
SECTION 2. Section 32.253(b), Education Code, is amended to
read as follows:
(b) The Department of Information Resources shall:
(1) host the portal through the state electronic
Internet portal project [known as TexasOnline];
(2) organize the portal in a manner that simplifies
portal use and administration;
(3) provide any necessary technical advice to the
agency, including advice relating to equipment required in
connection with the portal;
(4) provide a method for maintaining the information
made available through the portal; and
(5) cooperate with the agency in linking the agency's
Internet site to the portal.
SECTION 3. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50
for a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal
[TexasOnline] fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program
(Art. 45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date
(Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 4. Section 403.024(i), Government Code, is amended
to read as follows:
(i) The Department of Information Resources, after
consultation with the comptroller, shall prominently include a link
to the database established under this section on the public home
page of the state electronic Internet portal project [TexasOnline
Project] described by Section 2054.252.
SECTION 5. Section 434.101(2), Government Code, is amended
to read as follows:
(2) "State electronic Internet portal"
["TexasOnline"] has the meaning assigned by Section 2054.003.
SECTION 6. Section 434.102(a), Government Code, is amended
to read as follows:
(a) The Department of Information Resources shall establish
and maintain on the state electronic Internet portal [TexasOnline]
a veterans website. The website must allow veterans to access
information on state and federal veterans benefits programs.
SECTION 7. Section 441.010(c), Government Code, is amended
to read as follows:
(c) The department shall provide a link on the state
electronic Internet portal [TexasOnline] to the database
established under Subsection (b). In this subsection, "state
electronic Internet portal" ["TexasOnline"] has the meaning
assigned by Section 2054.003.
SECTION 8. Section 531.0313(d), Government Code, is amended
to read as follows:
(d) The Texas Information and Referral Network shall
coordinate with the Department of Information Resources to maintain
the Internet site through the state electronic Internet portal
[TexasOnline] project established by the Department of Information
Resources.
SECTION 9. Section 531.0317(b), Government Code, is amended
to read as follows:
(b) The commission, in cooperation with the Department of
Information Resources, shall establish and maintain through the
state electronic Internet portal [TexasOnline] project established
by the Department of Information Resources a generally accessible
and interactive Internet site that contains information for the
public regarding the services and programs provided or administered
by each of the health and human services agencies throughout the
state. The commission shall establish the site in such a manner
that it can be located easily through electronic means.
SECTION 10. Section 2054.003(15), Government Code, is
amended to read as follows:
(15) "State electronic Internet portal"
["TexasOnline"] means the electronic government project or its
successor project implemented under Subchapter I.
SECTION 11. Section 2054.055(b), Government Code, is
amended to read as follows:
(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 state electronic Internet portal
[TexasOnline] project, including any significant issues regarding
contract performance;
(7) provide a financial summary of the state
electronic Internet portal [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.
SECTION 12. The heading to Section 2054.111, Government
Code, is amended to read as follows:
Sec. 2054.111. USE OF STATE ELECTRONIC INTERNET PORTAL
[TEXASONLINE] PROJECT.
SECTION 13. The heading to Section 2054.1115, Government
Code, is amended to read as follows:
Sec. 2054.1115. ELECTRONIC PAYMENTS ON STATE ELECTRONIC
INTERNET PORTAL [TEXASONLINE].
SECTION 14. Section 2054.1115(a), Government Code, is
amended to read as follows:
(a) A state agency or local government that uses the state
electronic Internet portal [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.
SECTION 15. Section 2054.113, Government Code, is amended
to read as follows:
Sec. 2054.113. DUPLICATION WITH STATE ELECTRONIC INTERNET
PORTAL [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 the state electronic Internet portal [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 state
electronic Internet portal [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.
SECTION 16. Section 2054.116(e), Government Code, is
amended to read as follows:
(e) This section does not apply to interactive applications
provided through the state electronic Internet portal
[TexasOnline].
SECTION 17. Section 2054.125(d), Government Code, is
amended to read as follows:
(d) Each state agency that maintains a generally accessible
Internet site and that uses the state electronic Internet portal
[TexasOnline] shall include a link to the state electronic Internet
portal [TexasOnline] on the front page of the Internet site.
SECTION 18. Section 2054.128(a), Government Code, is
amended to read as follows:
(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 state electronic Internet
[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.
SECTION 19. Section 2054.131(c), Government Code, is
amended to read as follows:
(c) The electronic infrastructure established under
Subsection (b) [(a)] may include the state electronic Internet
portal [TexasOnline], the Internet, intranets, extranets, and wide
area networks.
SECTION 20. The heading to Subchapter I, Chapter 2054,
Government Code, is amended to read as follows:
SUBCHAPTER I. STATE ELECTRONIC INTERNET PORTAL [TEXASONLINE]
PROJECT
SECTION 21. The heading to Section 2054.252, Government
Code, is amended to read as follows:
Sec. 2054.252. STATE ELECTRONIC INTERNET PORTAL
[TEXASONLINE] PROJECT.
SECTION 22. Section 2054.252(a), Government Code, is
amended to read as follows:
(a) The department shall implement a state electronic
Internet portal 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.
SECTION 23. Sections 2054.272(a) and (b), Government Code,
are amended to read as follows:
(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 state electronic Internet [TexasOnline] portal.
(b) The link shall provide streamlined access to each
occupational license listed on the state electronic Internet portal
[TexasOnline].
SECTION 24. Section 2054.355(c), Government Code, is
amended to read as follows:
(c) If the department uses the state electronic Internet
portal [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].
SECTION 25. Section 2055.001(1), Government Code, is
amended to read as follows:
(1) "Board," "department," "electronic government
project," "executive director," "local government," "major
information resources project," "quality assurance team," and
"state electronic Internet portal" ["TexasOnline"] have the
meanings assigned by Section 2054.003.
SECTION 26. Section 2055.202, Government Code, is amended
to read as follows:
Sec. 2055.202. ESTABLISHMENT OF PROJECT. The department
shall establish an electronic government project to develop an
Internet website accessible through the state electronic Internet
portal [TexasOnline] that:
(1) provides a single location for state agencies to
post electronic summaries of state grant assistance opportunities
with the state agencies;
(2) enables a person to search for state grant
assistance programs provided by state agencies;
(3) allows, when feasible, electronic submission of
state grant assistance applications;
(4) improves the effectiveness and performance of
state grant assistance programs;
(5) streamlines and simplifies state grant assistance
application and reporting processes; and
(6) improves the delivery of services to the public.
SECTION 27. Sections 105.003(c), (c-1), and (c-3), Health
and Safety Code, are amended to read as follows:
(c) The Department of Information Resources, through the
state electronic Internet portal [TexasOnline] and in consultation
with the council and the Health Professions Council, shall add and
label as "mandatory" the following fields on an application or
renewal form for a license, certificate, or registration for a
person subject to Subsection (c-2):
(1) full name and last four digits of social security
number;
(2) full mailing address; and
(3) educational background and training, including
basic health professions degree, school name and location of basic
health professions degree, and graduation year for basic health
professions degree, and, as applicable, highest professional
degree obtained, related professional school name and location, and
related graduation year.
(c-1) The Department of Information Resources, through the
state electronic Internet portal [TexasOnline] and in consultation
with the council and the Health Professions Council, shall add the
following fields on an application or renewal form for a license,
certificate, or registration for a person subject to Subsection
(c-2):
(1) date and place of birth;
(2) sex;
(3) race and ethnicity;
(4) location of high school;
(5) mailing address of primary practice;
(6) number of hours per week spent at primary practice
location;
(7) description of primary practice setting;
(8) primary practice information, including primary
specialty practice, practice location zip code, and county; and
(9) information regarding any additional practice,
including description of practice setting, practice location zip
code, and county.
(c-3) The relevant members of the Health Professions
Council shall encourage each person described by Subsection (c-2)
licensed, certified, or registered under that council's authority
to submit application and renewal information under Subsections (c)
and (c-1) through the system developed by the Department of
Information Resources and the state electronic Internet portal
[TexasOnline].
SECTION 28. Section 431.202(b), Health and Safety Code, is
amended to read as follows:
(b) An applicant for a license under this subchapter must
submit an application to the department on the form prescribed by
the department or electronically on the state electronic Internet
portal [TexasOnline Internet website].
SECTION 29. Section 431.206(d), Health and Safety Code, is
amended to read as follows:
(d) The notice and confirmation required by this section are
deemed adequate if the licensee sends the notices by certified
mail, return receipt requested, to the central office of the
department or submits them electronically through the state
electronic Internet portal [TexasOnline Internet website].
SECTION 30. Section 431.410(d), Health and Safety Code, is
amended to read as follows:
(d) The notice and confirmation required by this section are
considered adequate if the license holder sends the notices by
certified mail, return receipt requested, to the central office of
the department or submits the notices electronically through the
state electronic Internet portal [TexasOnline Internet website].
SECTION 31. Section 548.258, Transportation Code, is
amended to read as follows:
Sec. 548.258. USE OF STATE ELECTRONIC INTERNET PORTAL
[TEXASONLINE]. (a) In this section, "state electronic Internet
portal" ["TexasOnline"] has the meaning assigned by Section
2054.003, Government Code.
(b) The department may adopt rules to require an inspection
station to use the state electronic Internet portal [TexasOnline]
to:
(1) purchase inspection certificates; or
(2) send to the department a record, report, or other
information required by the department.
SECTION 32. Section 55.203(a), Utilities Code, is amended
to read as follows:
(a) A private for-profit publisher of a residential
telephone directory that is distributed to the public at minimal or
no cost shall include in the directory:
(1) a listing of any toll-free and local telephone
numbers of:
(A) state agencies;
(B) state public services; and
(C) each state elected official who represents
all or part of the geographical area for which the directory
contains listings; and
(2) the Internet address of the state electronic
Internet portal [TexasOnline] and a statement that Internet sites
for state agencies may be accessed through the state electronic
Internet portal [TexasOnline].
SECTION 33. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1504 was passed by the House on April
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1504 on May 25, 2011, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1504 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor