82R4061 YDB-D
By: Brown H.B. No. 1579
A BILL TO BE ENTITLED
AN ACT
relating to information resources technologies of state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.051, Government Code, is amended by
adding Subsections (h), (i), and (j) to read as follows:
(h) The department shall establish a method of accounting
for state agency expenditures for information resources
technologies, including creating common definitions for
information resources technologies investments and purchases.
(i) The department shall:
(1) coordinate with the quality assurance team,
comptroller, and Legislative Budget Board to develop contracting
standards for information resources technologies acquisition and
purchased services; and
(2) work with state agencies to ensure deployment of
standardized contracts.
(j) The department, using independent technical staff
support and independent technical and financial information, shall
review all information resources technologies within state
government, regardless of whether an information resources project
or service is provided by a public or private provider.
SECTION 2. Section 2054.055, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-2) 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 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;
(11) identify proposed major information resources
projects for the upcoming biennium, including project costs through
stages of the project and across fiscal years from project
initiation to implementation;
(12) examine major information resources projects
completed in the previous biennium to determine the performance of
the implementing state agency, cost and value effectiveness,
timeliness, and other performance criteria necessary to assess the
quality and value of the investment; and
(13) examine major information resources projects
after the second anniversary of the project's completion to
determine progress toward meeting performance goals and operating
budget savings.
(b-2) The information required under Subsection (b)(11)
must include:
(1) final total cost of ownership budget data for the
entire life cycle of the major information resources project,
including capital and operational costs that itemize staffing
costs, contracted services, hardware purchased or leased, software
purchased or leased, travel, and training;
(2) the original project schedule and the final actual
project schedule;
(3) data on the progress toward meeting the original
goals and performance measures of the project, specifically those
related to operating budget savings;
(4) lessons learned on the project, performance
evaluations of any vendors used in the project, and reasons for
project delays or cost increases; and
(5) the benefits, cost avoidance, and cost savings
generated by major technology resources projects.
SECTION 3. Subchapter C, Chapter 2054, Government Code, is
amended by adding Sections 2054.064, 2054.065, and 2054.066 to read
as follows:
Sec. 2054.064. PILOT PROGRAM OF PRIVATE PROVIDERS. (a) The
department, in consultation with the quality assurance team,
comptroller, and Legislative Budget Board, shall develop and
execute a pilot program to contract with one or more private
providers for:
(1) the delivery, support, maintenance, and operation
of information resources technologies through application managed
services or other similar programs across one or more functional
areas of information resources technologies; or
(2) the information resources technologies needs of
one or more state agencies.
(b) In selecting a private provider for the pilot program,
the department must engage in a competitive bidding process or
request for proposals process.
(c) The pilot program shall assess:
(1) the biennial operating plan and planned
procurement schedule of each state agency participating in the
pilot program;
(2) opportunities to use best practices identified by
the department; and
(3) whether each state agency should proceed with
application managed services or other similar programs based on the
results of the assessment.
(d) The department shall prepare a report on the assessments
under Subsection (c) not later than June 1, 2012, and a final report
on the pilot program not later than December 31, 2012. The final
report must identify short-term and long-term costs, risks,
benefits, and other organizational impacts of implementing
application managed services or other similar programs within the
state agencies participating in the pilot program.
(e) The department shall submit the final report to the
Legislative Budget Board, comptroller, governor, lieutenant
governor, and speaker of the house of representatives.
(f) This section expires January 1, 2014.
Sec. 2054.065. INDEPENDENT CONSULTANT FOR CONSOLIDATED
STATE DATA CENTER. (a) The department shall contract with an
independent consultant to:
(1) conduct a technical and financial analysis for a
single consolidated state data center;
(2) develop a strategic business plan outlining the
various options for use of the site that maximize taxpayer value
consistent with the terms of the lease and related agreements; and
(3) assess:
(A) the total capital and operating costs for the
proposed data center;
(B) the occupancy rate for the consolidated state
data center compared to total capacity that will result in revenue
exceeding total capital and operating expenses;
(C) the potential reallocation of resources that
could result from the consolidation of state data centers and
office space; and
(D) the potential return on investment for the
consolidated state data center that may be realized without
impairing any existing contractual rights under the terms of the
lease and related agreements.
(b) The consultant shall submit a report on the review and
analysis conducted under this section to the department, quality
assurance team, Legislative Budget Board, comptroller, governor,
lieutenant governor, and speaker of the house of representatives
not later than December 1, 2012.
(c) This section expires January 1, 2014.
Sec. 2054.066. DEPARTMENT REVIEW. (a) The department, in
consultation with the quality assurance team, comptroller, and
Legislative Budget Board, shall review existing statutes,
procedures, data, and organizational structures to identify
opportunities to increase efficiency, customer service, and
transparency in information resources technologies. The
department must:
(1) identify and address financial data needed to
comprehensively evaluate information resources technologies
spending from an enterprise perspective;
(2) review best practices in information resources
technologies governance, including private sector practices and
lessons learned from other states; and
(3) review existing statutes regarding information
resources technologies governance, standards, and financing to
identify inconsistencies between current law and best practices.
(b) The department shall report its findings and
recommendations to the governor, lieutenant governor, and speaker
of the house of representatives not later than December 1, 2012.
(c) This section expires January 1, 2014.
SECTION 4. Section 2054.102, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The Legislative Budget Board, in consultation with
the department, shall establish criteria to evaluate state agency
biennial operating plans. In developing the criteria, the board
shall include criteria on:
(1) the feasibility of proposed information resources
projects for the biennium;
(2) the consistency of the plan with the state
strategic plan;
(3) the appropriate provision of public electronic
access to information;
(4) evidence of business process streamlining and
gathering of business and technical requirements; and
(5) services, costs, and benefits.
SECTION 5. Subchapter E, Chapter 2054, Government Code, is
amended by adding Section 2054.105 to read as follows:
Sec. 2054.105. ENTERPRISE-BASED STRATEGY. (a) The
department, in consultation with the quality assurance team,
Legislative Budget Board, and comptroller, shall develop an
enterprise-based strategy for information resources technologies
in state government based on information resources technologies
expenditure information collected from state agencies under this
chapter.
(b) In developing the enterprise-based strategy for the
state, the department must consider the following opportunities to
achieve greater efficiency:
(1) developing personal computer replacement policies
for the state, with consideration given to alternative models of
personal computer use for state government, including thin client,
software as a service, browser-based functionality, mobile
computing, and other models that are less dependent on traditional
computing;
(2) pursuing shared services initiatives across
functional areas, including e-mail, telephony, and data storage;
(3) pursuing pilot programs, including a pilot program
to demonstrate the value of application management services, to
identify opportunities to achieve operational efficiencies;
(4) developing recommended data storage policies and
record retention requirements and schedules for state agencies, in
consultation with the state auditor, the state archivist, the state
records administrator, and the Texas State Library and Archives
Commission;
(5) reviewing existing software maintenance contracts
to identify opportunities to renegotiate the price of those
contracts or the level of service; and
(6) partnering with private providers for commonly
used information resources technologies.
(c) A department, commission, board, office, council,
authority, or other agency of the legislative branch may coordinate
with and participate in shared service initiatives, pilot programs,
and the development of the enterprise-based strategy, where
appropriate.
(d) The department, quality assurance team, comptroller,
and Legislative Budget Board shall work with state agencies to
improve the acquisition and delivery of information resources
technologies products and services.
SECTION 6. Section 2054.118, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The department, in consultation with the quality
assurance team and Legislative Budget Board, shall establish
policies and standards governing the funding of major information
resources projects.
SECTION 7. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.123 to read as follows:
Sec. 2054.123. STATE MASTER CONTRACT FOR WIRELESS DEVICE OR
SERVICE. (a) The department and the comptroller shall develop and
implement a state master contract for the purchase of wireless
devices or services.
(b) A state agency that purchases a wireless device or
service shall purchase the device or service through participation
in the state master contract unless the agency provides to the
department and the comptroller evidence that the state agency is
securing the device or service from another source at a lower cost
than the cost of purchasing the device or service through
participation in the state master contract.
SECTION 8. This Act takes effect September 1, 2011.