By: Elkins (Senate Sponsor - Zaffirini) H.B. No. 3093 (In the Senate - Received from the House May 6, 2013; May 8, 2013, read first time and referred to Committee on Government Organization; May 16, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 16, 2013, sent to printer.) COMMITTEE SUBSTITUTE FOR H.B. No. 3093 By: Zaffirini A BILL TO BE ENTITLED AN ACT relating to the powers and duties of the Department of Information Resources and the Legislative Budget Board regarding 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 Subsection (h) to read as follows: (h) The department shall: (1) coordinate with the quality assurance team 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. 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 state electronic Internet portal project, including any significant issues regarding contract performance; (7) provide a financial summary of the state electronic Internet portal 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 next state fiscal biennium, including project costs through stages of the project and across state fiscal years from project initiation to implementation; (12) examine major information resources projects completed in the previous state fiscal 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 2054.065 and 2054.066 to read as follows: Sec. 2054.065. IDENTITY MANAGEMENT PILOT PROGRAM. (a) In this section, "identity management" means the act of controlling information about computer users, including information that: (1) authenticates the identity of a user; (2) describes the user, the data the user is authorized to access, and the actions the user is authorized to perform; and (3) specifies the individuals who and methods that are authorized to access and modify the data. (b) The department, using available funds, with the cooperation of state agencies selected by the department, and in consultation with the Information Technology Council for Higher Education, shall develop and execute an identity management pilot program to address the delivery, support, maintenance, and operation of identity management technology. (c) The pilot program shall assess: (1) the costs of identity management to each state agency participating in the pilot program; (2) the opportunities for other state agencies to use identity management policies and best practices identified by the department; (3) the benefits to state agencies of identity management based on the results of the pilot program; and (4) to the extent feasible, the use by state agencies of multifactor authentication, which may include systems that include digital signature and encryption. (d) Not later than November 1, 2014, the department shall: (1) prepare a report on the assessments made under Subsection (c) that identifies the short-term and long-term costs, risks, benefits, and other impacts to state agencies and this state of implementing identity management; and (2) submit a copy of the report to the governor, the lieutenant governor, the speaker of the house of representatives, the standing committees of the legislature with jurisdiction over state agency technology and government organization, and the Legislative Budget Board. (e) To implement the pilot program, the department may contract with one or more providers for identity management services. (f) This section expires January 1, 2016. Sec. 2054.066. DEPARTMENT REVIEW. (a) The department, in consultation with the quality assurance team, the Information Technology Council for Higher Education, and the 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, speaker of the house of representatives, Senate Government Organization Committee and House Technology Committee not later than December 1, 2014. (c) This section expires January 1, 2016. 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 and the Information Technology Council for Higher Education, 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, the Information Technology Council for Higher Education, and the Legislative Budget Board, 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) in consultation with the state auditor, the state archivist, the state records administrator, and the Texas State Library and Archives Commission, developing recommended policies for state agencies regarding data storage, record retention requirements and schedules, and the creation of a digital repository for permanently valuable electronic records of state government; (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 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, and Legislative Budget Board shall work with state agencies to improve the acquisition and delivery of information resources technologies products and services. (e) For the purposes of this subsection, enterprise-based strategy means a strategy to achieve efficiencies and cost savings that applies to two or more state agencies. SECTION 6. This Act takes effect September 1, 2013. * * * * *