82R15729 CJC-D
By: Brown, Zedler, Garza H.B. No. 682
Substitute the following for H.B. No. 682:
By: Callegari C.S.H.B. No. 682
A BILL TO BE ENTITLED
AN ACT
relating to leasing advertising space on state agency Internet
websites.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2054, Government Code, is
amended by adding Section 2054.064 to read as follows:
Sec. 2054.064. ADVERTISING ON STATE INTERNET WEBSITES. (a)
In this section:
(1) "Department" means the Department of Information
Resources or a successor agency.
(2) "State agency" means any department, board,
commission, or other agency in the executive branch of state
government, including the office of the governor. The term does not
include an institution of higher education, as defined by Section
61.003, Education Code.
(b) In accordance with rules adopted by the department and
to the extent allowed under federal law:
(1) a state agency shall contract with a private
entity to lease advertising space on the agency's official Internet
website; and
(2) the department shall contract with a private
entity to lease advertising space on the official Internet website
for the State of Texas.
(c) The department shall develop a standard contract for the
lease of advertising space on an Internet website under this
section. The standard contract developed by the department must
include terms that:
(1) provide for the payment of a fee by the person
leasing the advertising space in an amount set by department rule;
and
(2) require the advertisements to comply with the
rules adopted by the department relating to content and
composition.
(d) The department shall adopt rules to implement this
section. The rules must establish:
(1) guidelines relating to the content and composition
of advertisements that may be placed on an Internet website;
(2) procedures for procuring advertisements that
relate, to the greatest extent practicable, to the stated purpose
of the state agency;
(3) policies that require:
(A) each advertisement to be clearly labeled on
the Internet website as an advertisement; and
(B) a disclaimer on each Internet website that
clearly states that the State of Texas does not endorse the products
or services advertised on the state agency Internet website;
(4) a schedule of fees to be charged for the lease of
advertising space under this section; and
(5) the amount of the lease payment that a private
entity may retain for administering the lease contract.
(e) A private entity administering a lease under this
section shall collect the fees due from the leasing entity. After
deduction of the private entity's fees, the remainder of the fees
collected under this section shall be forwarded to the comptroller
to be deposited to the credit of the general revenue fund.
SECTION 2. This Act takes effect September 1, 2011.