| 1 | 1 | | 82R15729 CJC-D |
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| 2 | 2 | | By: Brown, Zedler, Garza H.B. No. 682 |
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| 3 | 3 | | Substitute the following for H.B. No. 682: |
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| 4 | 4 | | By: Callegari C.S.H.B. No. 682 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to leasing advertising space on state agency Internet |
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| 10 | 10 | | websites. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 2054, Government Code, is |
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| 13 | 13 | | amended by adding Section 2054.064 to read as follows: |
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| 14 | 14 | | Sec. 2054.064. ADVERTISING ON STATE INTERNET WEBSITES. (a) |
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| 15 | 15 | | In this section: |
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| 16 | 16 | | (1) "Department" means the Department of Information |
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| 17 | 17 | | Resources or a successor agency. |
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| 18 | 18 | | (2) "State agency" means any department, board, |
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| 19 | 19 | | commission, or other agency in the executive branch of state |
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| 20 | 20 | | government, including the office of the governor. The term does not |
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| 21 | 21 | | include an institution of higher education, as defined by Section |
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| 22 | 22 | | 61.003, Education Code. |
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| 23 | 23 | | (b) In accordance with rules adopted by the department and |
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| 24 | 24 | | to the extent allowed under federal law: |
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| 25 | 25 | | (1) a state agency shall contract with a private |
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| 26 | 26 | | entity to lease advertising space on the agency's official Internet |
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| 27 | 27 | | website; and |
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| 28 | 28 | | (2) the department shall contract with a private |
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| 29 | 29 | | entity to lease advertising space on the official Internet website |
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| 30 | 30 | | for the State of Texas. |
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| 31 | 31 | | (c) The department shall develop a standard contract for the |
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| 32 | 32 | | lease of advertising space on an Internet website under this |
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| 33 | 33 | | section. The standard contract developed by the department must |
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| 34 | 34 | | include terms that: |
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| 35 | 35 | | (1) provide for the payment of a fee by the person |
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| 36 | 36 | | leasing the advertising space in an amount set by department rule; |
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| 37 | 37 | | and |
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| 38 | 38 | | (2) require the advertisements to comply with the |
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| 39 | 39 | | rules adopted by the department relating to content and |
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| 40 | 40 | | composition. |
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| 41 | 41 | | (d) The department shall adopt rules to implement this |
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| 42 | 42 | | section. The rules must establish: |
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| 43 | 43 | | (1) guidelines relating to the content and composition |
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| 44 | 44 | | of advertisements that may be placed on an Internet website; |
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| 45 | 45 | | (2) procedures for procuring advertisements that |
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| 46 | 46 | | relate, to the greatest extent practicable, to the stated purpose |
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| 47 | 47 | | of the state agency; |
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| 48 | 48 | | (3) policies that require: |
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| 49 | 49 | | (A) each advertisement to be clearly labeled on |
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| 50 | 50 | | the Internet website as an advertisement; and |
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| 51 | 51 | | (B) a disclaimer on each Internet website that |
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| 52 | 52 | | clearly states that the State of Texas does not endorse the products |
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| 53 | 53 | | or services advertised on the state agency Internet website; |
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| 54 | 54 | | (4) a schedule of fees to be charged for the lease of |
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| 55 | 55 | | advertising space under this section; and |
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| 56 | 56 | | (5) the amount of the lease payment that a private |
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| 57 | 57 | | entity may retain for administering the lease contract. |
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| 58 | 58 | | (e) A private entity administering a lease under this |
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| 59 | 59 | | section shall collect the fees due from the leasing entity. After |
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| 60 | 60 | | deduction of the private entity's fees, the remainder of the fees |
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| 61 | 61 | | collected under this section shall be forwarded to the comptroller |
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| 62 | 62 | | to be deposited to the credit of the general revenue fund. |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2011. |
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