Texas 2019 - 86th Regular

Texas House Bill HB1096 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	86R23152 CJC-F
2		-	By: Capriglione, Frank, Krause, et al. H.B. No. 1096
3		-	Substitute the following for H.B. No. 1096:
4		-	By: Raymond C.S.H.B. No. 1096
	1	+	86R2569 CJC-F
	2	+	By: Capriglione H.B. No. 1096
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the modernization of state agency information
10	8		technology systems.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter G, Chapter 403, Government Code, is
13	11		amended by adding Section 403.1105 to read as follows:
14		-	Sec. 403.1105. TEXAS INNOVATION FUND AND STATE AGENCY
15		-	TECHNOLOGY UPGRADES ACCOUNT. (a) In this section:
16		-	(1) "Account" means the state agency technology
17		-	upgrades account.
18		-	(2) "Board" means the Texas innovation fund board.
19		-	(3) "Cloud computing service" has the meaning assigned
	12	+	Sec. 403.1105. STATE TECHNOLOGY MODERNIZATION ACCOUNT. (a)
	13	+	In this section:
	14	+	(1) "Account" means the state technology
	15	+	modernization account.
	16	+	(2) "Cloud computing service" has the meaning assigned
20	17		by Section 2157.007.
21		-	(4) "Device-as-a-service" means a managed service in
22		-	which hardware that belongs to a managed service provider is
23		-	installed at a state agency and a service level agreement defines
24		-	the responsibilities of each party to the agreement.
25		-	(5) "Fund" means the Texas innovation fund.
26		-	(6) "Information technology system" means any
	18	+	(3) "Information technology system" means any
27	19		equipment or interconnected system or subsystem of equipment used
28	20		by a state agency, or a person under a contract with a state agency
29	21		if the contract requires use of the equipment, to acquire, store,
30	22		analyze, evaluate, manipulate, manage, move, control, display,
31		-	switch, interchange, transmit, ~~print, copy, scan,~~ or receive data
32		-	~~or other~~ information. The term:
33		-	(A) includes a computer, ~~a device-as-a-service~~
34		-	~~solution, ancillary computer~~ equipment such as imaging, ~~printing~~,
35		-	~~scanning,~~ and ~~copying peripherals and input~~, ~~output, and storage~~
36		-	~~devices necessary for security and surveillance,~~ peripheral
37		-	~~equipment designed to be controlled by the central~~ processing unit
38		-	~~of a computer, software and firmware and similar~~ procedures, and
39		-	~~services, including support services, and related~~ resources; and
	23	+	switch, interchange, transmit, or receive data or other
	24	+	information. The term:
	25	+	(A) includes a computer, ancillary computer
	26	+	equipment such as imaging peripherals and input, output, and
	27	+	storage devices necessary for security and surveillance,
	28	+	peripheral equipment designed to be controlled by the central
	29	+	processing unit of a computer, software and firmware and similar
	30	+	procedures, and services, including support services, and related
	31	+	resources; and
40	32		(B) does not include equipment acquired by a
41	33		contractor incidental to a state contract.
42		-	(7) "Legacy information technology system" means an
	34	+	(4) "Legacy information technology system" means an
43	35		information technology system that is operated with obsolete or
44	36		inefficient hardware or software technology.
45		-	(8) "Qualifying information technology modernization
46		-	project" means a project by a state agency to:
47		-	(A) replace the agency's information technology
	37	+	(5) "State agency" has the meaning assigned by Section
	38	+	2254.151.
	39	+	(b) The state technology modernization account is a
	40	+	dedicated account in the general revenue fund.
	41	+	(c) The account consists of:
	42	+	(1) money appropriated, credited, or transferred to
	43	+	the account by the legislature;
	44	+	(2) any federal money appropriated, credited, or
	45	+	transferred to the account;
	46	+	(3) money deposited to the account by the comptroller
	47	+	in the manner prescribed by Subsection (e); and
	48	+	(4) interest and other earnings earned on deposits and
	49	+	investments of money in the account.
	50	+	(d) Except as provided by Subsection (f), money in the
	51	+	account may be appropriated to a state agency only for the purposes
	52	+	of:
	53	+	(1) replacing the agency's information technology
48	54		systems;
49		-	(B) transition the agency's legacy information
50		-	technology systems to a cloud computing service or other innovative
51		-	commercial platform or technology; or
52		-	(C) develop and implement a method to provide
	55	+	(2) transitioning the agency's legacy information
	56	+	technology systems to a cloud computing service;
	57	+	(3) assisting the agency's efforts to provide
53	58		adequate, risk-based, and cost-effective information technology
54		-	responses to threats to the agency's information security.
55		-	(9) "State agency" has the meaning assigned by Section
56		-	2254.151.
57		-	(b) The Texas innovation fund board is established to
58		-	administer the Texas innovation fund and the state agency
59		-	technology upgrades account and to make awards of financial
60		-	assistance to state agencies from the fund or account for
61		-	qualifying information technology modernization projects. The
62		-	board is composed of:
63		-	(1) one member who is a representative of the
64		-	comptroller, appointed by the comptroller;
65		-	(2) one member who is a representative of the
66		-	Department of Information Resources, appointed by the presiding
67		-	officer of the governing board of the Department of Information
68		-	Resources;
69		-	(3) one member who is a representative of the office of
70		-	the governor, appointed by the governor;
71		-	(4) two members of the senate, appointed by the
72		-	lieutenant governor;
73		-	(5) two members of the house of representatives,
74		-	appointed by the comptroller from a list provided by the speaker of
75		-	the house of representatives; and
76		-	(6) one public member, appointed by the governor.
77		-	(c) Members of the board serve six-year terms. A board
78		-	member is not entitled to compensation for service on the board but
79		-	is entitled to reimbursement of expenses incurred while performing
80		-	duties as a board member.
81		-	(d) The Texas innovation fund and the state agency
82		-	technology upgrades account are special funds outside the state
83		-	treasury to be used by the board, without further legislative
84		-	appropriation, as provided by this section.
85		-	(e) The fund consists of:
86		-	(1) money appropriated, credited, or transferred to
87		-	the fund by the legislature;
88		-	(2) money received by the board for the repayment of a
89		-	loan made from the fund; and
90		-	(3) interest and other earnings earned on deposits and
91		-	investments of money in the fund.
92		-	(f) The account consists of:
93		-	(1) money deposited to the account by the comptroller
94		-	in the manner prescribed by Subsection (h); and
95		-	(2) interest and other earnings earned on deposits and
96		-	investments of money in the account.
97		-	(g) The comptroller, in consultation with the Department of
98		-	Information Resources, shall establish a loan program to authorize
99		-	the board to use money from the fund to provide loans to state
100		-	agencies for qualifying information technology modernization
101		-	projects. A state agency must apply to the board for a loan from the
102		-	fund. The application must include a description of the qualifying
103		-	information technology modernization project for which the state
104		-	agency is requesting a loan. A loan agreement entered into under
105		-	this subsection must require the state agency to:
106		-	(1) repay the loan to the board within seven years of
107		-	the date the loan is made to the agency; and
108		-	(2) make annual reports to the board identifying cost
109		-	savings realized by the agency as a result of the project for which
110		-	the agency received the loan.
111		-	(h) At the end of each state fiscal year, on the written
	59	+	responses to threats to the agency's information security; and
	60	+	(4) subject to the approval of the chief information
	61	+	officer of the agency to which the money is appropriated,
	62	+	reimbursing the account for any money appropriated to the agency
	63	+	that exceeds the amount of money needed by the agency for the
	64	+	purposes described by Subdivisions (1)-(3).
	65	+	(e) At the end of each state fiscal year, on the written
112	66		request of a state agency, the comptroller shall deposit to the
113		-	account the unexpended balance of any money appropriated to the
114		-	agency for that state fiscal year that is budgeted by the agency for
115		-	information technology services or cybersecurity purposes. A state
116		-	agency may request money from the account from the board at any time
117		-	for a qualifying information technology modernization project.
118		-	(i) The comptroller shall separately account for the amount
119		-	of money deposited to the account at the request of each state
120		-	agency under Subsection (h). Money deposited to the account under
121		-	Subsection (h) and any interest and other earnings on that money may
122		-	be provided only to the state agency for which the comptroller
123		-	deposited the money to the account and may be used by the agency
124		-	only for a qualifying information technology modernization
125		-	project.
126		-	(j) Any money deposited to the account at the request of a
127		-	state agency under Subsection (h) that is not requested by the
128		-	agency within three years from the date the money is deposited shall
129		-	be transferred by the comptroller to the general revenue fund to be
130		-	used in accordance with legislative appropriation.
131		-	(k) A state agency that receives money from the fund or the
	67	+	credit of the account the unexpended balance of any money
	68	+	appropriated to the agency for that state fiscal year that is
	69	+	budgeted by the agency for information technology services or
	70	+	cybersecurity purposes.
	71	+	(f) The comptroller shall separately account for the amount
	72	+	of money deposited to the credit of the account at the request of
	73	+	each state agency under Subsection (e). Money deposited to the
	74	+	credit of the account under Subsection (e) and any interest and
	75	+	other earnings on that money may be appropriated only to the state
	76	+	agency for which the comptroller deposited the money to the account
	77	+	and may be used by the agency only for a purpose described by
	78	+	Subsection (d).
	79	+	(g) Any money deposited to the credit of the account at the
	80	+	request of a state agency under Subsection (e) that is not
	81	+	appropriated to the agency within two years from the date the money
	82	+	is deposited is no longer dedicated for the purposes described by
	83	+	Subsection (d), and the comptroller shall make that money available
	84	+	in the general revenue fund to be used in accordance with
	85	+	legislative appropriation.
	86	+	(h) A state agency that receives an appropriation from the
132	87		account may collaborate with one or more other state agencies that
133		-	also receive money from the fund or the account to purchase
134		-	information technology systems that may be shared between the
135		-	agencies.
136		-	(l) The comptroller may adopt rules to implement and
	88	+	receive such an appropriation to purchase information technology
	89	+	systems that may be shared between the agencies.
	90	+	(i) The comptroller may adopt rules to implement and
137	91		administer this section.
138	92		SECTION 2. This Act takes effect September 1, 2019.