86R2569 CJC-F
By: Capriglione H.B. No. 1096
A BILL TO BE ENTITLED
AN ACT
relating to the modernization of state agency information
technology systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 403, Government Code, is
amended by adding Section 403.1105 to read as follows:
Sec. 403.1105. STATE TECHNOLOGY MODERNIZATION ACCOUNT. (a)
In this section:
(1) "Account" means the state technology
modernization account.
(2) "Cloud computing service" has the meaning assigned
by Section 2157.007.
(3) "Information technology system" means any
equipment or interconnected system or subsystem of equipment used
by a state agency, or a person under a contract with a state agency
if the contract requires use of the equipment, to acquire, store,
analyze, evaluate, manipulate, manage, move, control, display,
switch, interchange, transmit, or receive data or other
information. The term:
(A) includes a computer, ancillary computer
equipment such as imaging peripherals and input, output, and
storage devices necessary for security and surveillance,
peripheral equipment designed to be controlled by the central
processing unit of a computer, software and firmware and similar
procedures, and services, including support services, and related
resources; and
(B) does not include equipment acquired by a
contractor incidental to a state contract.
(4) "Legacy information technology system" means an
information technology system that is operated with obsolete or
inefficient hardware or software technology.
(5) "State agency" has the meaning assigned by Section
2254.151.
(b) The state technology modernization account is a
dedicated account in the general revenue fund.
(c) The account consists of:
(1) money appropriated, credited, or transferred to
the account by the legislature;
(2) any federal money appropriated, credited, or
transferred to the account;
(3) money deposited to the account by the comptroller
in the manner prescribed by Subsection (e); and
(4) interest and other earnings earned on deposits and
investments of money in the account.
(d) Except as provided by Subsection (f), money in the
account may be appropriated to a state agency only for the purposes
of:
(1) replacing the agency's information technology
systems;
(2) transitioning the agency's legacy information
technology systems to a cloud computing service;
(3) assisting the agency's efforts to provide
adequate, risk-based, and cost-effective information technology
responses to threats to the agency's information security; and
(4) subject to the approval of the chief information
officer of the agency to which the money is appropriated,
reimbursing the account for any money appropriated to the agency
that exceeds the amount of money needed by the agency for the
purposes described by Subdivisions (1)-(3).
(e) At the end of each state fiscal year, on the written
request of a state agency, the comptroller shall deposit to the
credit of the account the unexpended balance of any money
appropriated to the agency for that state fiscal year that is
budgeted by the agency for information technology services or
cybersecurity purposes.
(f) The comptroller shall separately account for the amount
of money deposited to the credit of the account at the request of
each state agency under Subsection (e). Money deposited to the
credit of the account under Subsection (e) and any interest and
other earnings on that money may be appropriated only to the state
agency for which the comptroller deposited the money to the account
and may be used by the agency only for a purpose described by
Subsection (d).
(g) Any money deposited to the credit of the account at the
request of a state agency under Subsection (e) that is not
appropriated to the agency within two years from the date the money
is deposited is no longer dedicated for the purposes described by
Subsection (d), and the comptroller shall make that money available
in the general revenue fund to be used in accordance with
legislative appropriation.
(h) A state agency that receives an appropriation from the
account may collaborate with one or more other state agencies that
receive such an appropriation to purchase information technology
systems that may be shared between the agencies.
(i) The comptroller may adopt rules to implement and
administer this section.
SECTION 2. This Act takes effect September 1, 2019.