By: Capriglione (Senate Sponsor - Zaffirini) H.B. No. 3875
(In the Senate - Received from the House April 29, 2019;
April 30, 2019, read first time and referred to Committee on
Business & Commerce; May 20, 2019, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3875 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to cloud compatibility of certain state agency information
technology purchases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2157.007, Government
Code, is amended to read as follows:
Sec. 2157.007. [CONSIDERATION OF] CLOUD COMPUTING SERVICE
[PURCHASE].
SECTION 2. Section 2157.007, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1) and
(b-2) to read as follows:
(a) In this section:
(1) "Cloud computing service" has the meaning assigned
by Special Publication 800-145 issued by the United States
Department of Commerce National Institute of Standards and
Technology, as the definition existed on January 1, 2015.
(2) "Major information resources project" has the
meaning assigned by Section 2054.003.
(b) Except as provided by Subsection (b-1), a [A] state
agency shall ensure [consider cloud computing service options,
including any security benefits and cost savings associated with
purchasing those service options from a cloud computing service
provider and from a statewide technology center established by the
department], when making purchases for an automated information
system or a major information resources project, that the system or
project is capable of being deployed and run on cloud computing
services [under Section 2054.118].
(b-1) When making a purchase for an automated information
system or a major information resources project, a state agency may
determine that, due to integration limitations with legacy systems,
security risks, or costs, the agency is unable to purchase a system
or project capable of being deployed and run on cloud computing
services.
(b-2) At least 14 days before the date a state agency
solicits bids, proposals, offers, or other applicable expressions
of interest for a purchase described by Subsection (b-1), the
agency shall submit to the Legislative Budget Board for the
purchase of an automated information system or to the quality
assurance team as defined by Section 2054.003 for the purchase of a
major information resources project a report that describes the
purchase and the agency's reasoning for making the purchase.
SECTION 3. Section 2157.007, Government Code, as amended by
this Act, applies only with respect to a purchase made by a state
agency on or after the effective date of this Act. A purchase made
before the effective date of this Act is governed by the law in
effect on the date the purchase was made, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.
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