87R8646 CJC-D
By: Guillen H.B. No. 2671
A BILL TO BE ENTITLED
AN ACT
relating to the operations, communications, and notice procedures
of state agencies and political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 441, Government Code, is
amended by adding Section 441.0135 to read as follows:
Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
1 of each odd-numbered year, the commission shall submit to the
governor and the Legislative Budget Board a written report
regarding all statutorily required reports prepared by and
submitted to a state agency as defined by Section 441.180. The
commission may consult with other state agencies in preparing the
report. A state agency shall cooperate with the commission in
securing the information necessary to prepare the report. The
commission shall prescribe the method by which a state agency
transmits to the commission information necessary to prepare the
report, and may require the information to be submitted using the
state electronic Internet portal. The report must include for each
statutorily required report:
(1) the title of and the agency preparing the report;
(2) the statutory authority requiring the report;
(3) the recipient of the report;
(4) the deadline for submitting the report;
(5) a brief description of the report; and
(6) an assessment from each recipient of the report
whether the report is necessary.
(b) The report required by Subsection (a) must be:
(1) made available to the public; and
(2) indexed by preparing agency, title of report, and
report recipient.
SECTION 2. Section 2001.026, Government Code, is amended to
read as follows:
Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE
OF PROPOSED RULES. A state agency shall provide [mail] notice of a
proposed rule to each person who has made a timely written request
of the agency for advance notice of its rulemaking proceedings. The
agency may provide the notice by e-mail if the person requests
electronic delivery of the notice and includes an e-mail address in
the person's written request submitted to the agency. Failure to
provide [mail] the notice does not invalidate an action taken or
rule adopted.
SECTION 3. Chapter 2052, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS
Sec. 2052.401. DEFINITION. In this subchapter, "state
agency" means a department, commission, board, office, council,
authority, or other agency that is in the executive, legislative,
or judicial branch of state government and that is created by the
constitution or a statute of this state, including a university
system or institution of higher education as defined by Section
61.003, Education Code.
Sec. 2052.402. TRANSMISSION AND RECEIPT OF DOCUMENTS. (a)
A state agency may transmit and receive state documents in a format
prescribed by the agency and in any manner that the agency
determines will increase agency efficiency without compromising
the delivery of the agency's program to the public.
(b) A state agency that transmits and receives state
documents using the Internet or another electronic medium shall by
rule develop electronic communication procedures for the agency.
(c) Notwithstanding Subsection (a) of this section, a state
agency may continue to use established procedures prescribed by
state law or agency policy for the transmission and receipt of
documents, including the delivery of certain publications that
exist in physical format to a depository library as required by
Section 441.103.
(d) This section does not authorize the electronic
transmission or receipt of documents that are prohibited from being
electronically transmitted or received under federal law.
(e) To the extent of any conflict, this section prevails
over any other state law relating to the transmission and receipt of
state agency documents.
(f) A state agency shall include in the agency's legislative
appropriations request submitted to the Legislative Budget Board
for the state fiscal biennium beginning September 1, 2023, a report
on any cost savings or achievements in efficiency recognized from
implementing a change in the agency's procedures for the
transmission and receipt of state documents during the state fiscal
biennium ending August 31, 2023. This subsection expires September
1, 2024.
SECTION 4. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.1116 to read as follows:
Sec. 2054.1116. USE OF STATE ELECTRONIC INTERNET PORTAL FOR
CERTAIN REPORTS. (a) To the extent a report prepared by a state
agency is not confidential or excepted from the requirements of
Section 552.021, the agency shall use the state electronic Internet
portal to submit or post the report if the report is required by a
statute, rule, or rider in the General Appropriations Act to be
submitted to:
(1) the governor;
(2) a member, agency, or committee of the legislature;
(3) another state agency; or
(4) the public.
(b) The department shall collaborate with the Texas State
Library and Archives Commission to develop and provide to each
state agency guidelines that assist the agency in determining:
(1) the reports prepared by the agency that are
appropriate for submission through the state electronic Internet
portal; and
(2) the retention requirements for those reports.
(c) The Texas State Library and Archives Commission shall
monitor the effectiveness of state agency use of the state
electronic Internet portal for the purposes provided under this
section.
(d) A state agency that posts a report using the state
electronic Internet portal satisfies any requirement in state law
that the agency post the report on the agency's Internet website if
the agency posts a direct link to the state electronic Internet
portal on the agency's Internet website.
SECTION 5. Subchapter A, Chapter 2176, Government Code, is
amended by adding Section 2176.007 to read as follows:
Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
The comptroller shall conduct a study on the mail operations of each
state agency in the executive branch of state government that
receives an appropriation. The study must identify provisions of
law relating to the mailing requirements for the agency that impede
the efficient transmission and receipt of documents by the agency.
(b) In conducting the study, the comptroller shall
collaborate with other state agencies to consider the needs or
concerns specific to those agencies.
(c) Not later than November 1, 2022, the comptroller shall
post the findings of the study conducted under this section on the
comptroller's Internet website.
(d) This section expires September 1, 2023.
SECTION 6. Section 243.015, Health and Safety Code, is
amended by amending Subsection (e) and adding Subsections (e-1) and
(e-2) to read as follows:
(e) If the department initially determines that a violation
occurred, the department shall give written notice of the report
[by certified mail] to the person. Notwithstanding any other law,
the notice may be provided by any certified delivery method,
including certified mail or certified e-mail.
(e-1) If the notice under Subsection (e) is sent by
certified e-mail:
(1) it must be sent to the person's last known e-mail
address as provided by the person to the department; and
(2) the department shall maintain proof that the
notice was sent.
(e-2) For purposes of Subsection (e), a person's provision
of an e-mail address to the department is considered consent to
electronically deliver notices and correspondence to the person.
SECTION 7. Section 11.082(a), Natural Resources Code, is
amended to read as follows:
(a) A state agency or political subdivision may not formally
take any action that may affect state land dedicated to the
permanent school fund without first giving notice of the action to
the board. Notice of the proposed action shall be delivered [by
certified mail, return receipt requested, addressed to the deputy
commissioner of the asset management division of the General Land
Office] on or before the state agency's or political subdivision's
formal initiation of the action by:
(1) certified mail, return receipt requested,
addressed to the deputy commissioner of the asset management
division of the General Land Office; or
(2) certified e-mail to an e-mail address specified by
the deputy commissioner for the purpose of receiving the notice.
SECTION 8. A state agency is not required to comply with
Section 2054.1116, Government Code, as added by this Act, until the
Department of Information Resources notifies the agency that the
state electronic Internet portal project is configured to allow
compliance by the agency with that section.
SECTION 9. The changes in law made by this Act relating to
the method of delivery or submission of a notice or report apply
only to a notice or report that is required to be delivered or
submitted on or after the effective date of this Act. A notice or
report required to be delivered or submitted before the effective
date of this Act is governed by the law in effect on the date the
notice or report was required to be delivered or submitted, and the
former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2021.