Texas 2021 - 87th Regular

Texas House Bill HB2671 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R23982 CJC-D
2		-	By: Guillen, Shaheen H.B. No. 2671
3		-	Substitute the following for H.B. No. 2671:
4		-	By: Paddie C.S.H.B. No. 2671
	1	+	87R8646 CJC-D
	2	+	By: Guillen H.B. No. 2671
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the operations, communications, and notice procedures
10	8		of state agencies and political subdivisions.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Chapter 322, Government Code, is amended by
13		-	adding Section 322.025 to read as follows:
14		-	Sec. 322.025. STUDY ON MAIL OPERATIONS. (a) The board
15		-	shall conduct a study on the mail operations of each state agency in
16		-	the executive branch of state government that receives an
17		-	appropriation. The study must identify provisions of law relating
18		-	to the mailing requirements for the agency that impede the
19		-	efficient transmission and receipt of documents by the agency.
20		-	(b) In conducting the study, the board shall collaborate
21		-	with other state agencies to consider the needs or concerns
22		-	specific to those agencies.
23		-	(c) Not later than November 1, 2022, the board shall post
24		-	the findings of the study conducted under this section on the
25		-	board's Internet website.
26		-	(d) This section expires September 1, 2023.
27		-	SECTION 2. Subchapter A, Chapter 441, Government Code, is
	10	+	SECTION 1. Subchapter A, Chapter 441, Government Code, is
28	11		amended by adding Section 441.0135 to read as follows:
29	12		Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
30	13		1 of each odd-numbered year, the commission shall submit to the
31	14		governor and the Legislative Budget Board a written report
32	15		regarding all statutorily required reports prepared by and
33	16		submitted to a state agency as defined by Section 441.180. The
34	17		commission may consult with other state agencies in preparing the
35	18		report. A state agency shall cooperate with the commission in
36	19		securing the information necessary to prepare the report. The
37	20		commission shall prescribe the method by which a state agency
38	21		transmits to the commission information necessary to prepare the
39	22		report, and may require the information to be submitted using the
40	23		state electronic Internet portal. The report must include for each
41	24		statutorily required report:
42	25		(1) the title of and the agency preparing the report;
43	26		(2) the statutory authority requiring the report;
44	27		(3) the recipient of the report;
45	28		(4) the deadline for submitting the report;
46	29		(5) a brief description of the report; and
47	30		(6) an assessment from each recipient of the report
48	31		whether the report is necessary.
49	32		(b) The report required by Subsection (a) must be:
50	33		(1) made available to the public; and
51	34		(2) indexed by preparing agency, title of report, and
52	35		report recipient.
53		-	SECTION 3. Subchapter L, Chapter 441, Government Code, is
54		-	amended by adding Section 441.1856 to read as follows:
55		-	Sec. 441.1856. TEXAS DIGITAL ARCHIVE. (a) The commission
56		-	shall maintain and operate a digital repository for the
57		-	preservation of and access to permanently valuable archival state
58		-	records, reports, and publications.
59		-	(b) The commission, in collaboration with the Department of
60		-	Information Resources, shall develop a strategy, consistent with
61		-	state records management and archival practices, for state agencies
62		-	to transfer appropriate archival state records and publications
63		-	that are in electronic format to the commission for inclusion in the
64		-	digital repository described by Subsection (a).
65		-	SECTION 4. Section 2001.026, Government Code, is amended to
	36	+	SECTION 2. Section 2001.026, Government Code, is amended to
66	37		read as follows:
67	38		Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE
68	39		OF PROPOSED RULES. A state agency shall provide [mail] notice of a
69	40		proposed rule to each person who has made a timely written request
70	41		of the agency for advance notice of its rulemaking proceedings. The
71	42		agency may provide the notice by e-mail if the person requests
72	43		electronic delivery of the notice and includes an e-mail address in
73	44		the person's written request submitted to the agency. Failure to
74	45		provide [mail] the notice does not invalidate an action taken or
75	46		rule adopted.
76		-	SECTION 5. Chapter 2052, Government Code, is amended by
	47	+	SECTION 3. Chapter 2052, Government Code, is amended by
77	48		adding Subchapter E to read as follows:
78	49		SUBCHAPTER E. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS
79	50		Sec. 2052.401. DEFINITION. In this subchapter, "state
80	51		agency" means a department, commission, board, office, council,
81	52		authority, or other agency that is in the executive, legislative,
82	53		or judicial branch of state government and that is created by the
83	54		constitution or a statute of this state, including a university
84	55		system or institution of higher education as defined by Section
85	56		61.003, Education Code.
86	57		Sec. 2052.402. TRANSMISSION AND RECEIPT OF DOCUMENTS. (a)
87	58		A state agency may transmit and receive state documents in a format
88	59		prescribed by the agency and in any manner that the agency
89	60		determines will increase agency efficiency without compromising
90	61		the delivery of the agency's program to the public.
91	62		(b) A state agency that transmits and receives state
92	63		documents using the Internet or another electronic medium shall by
93	64		rule develop electronic communication procedures for the agency.
94	65		(c) Notwithstanding Subsection (a) of this section, a state
95	66		agency may continue to use established procedures prescribed by
96	67		state law or agency policy for the transmission and receipt of
97	68		documents, including the delivery of certain publications that
98	69		exist in physical format to a depository library as required by
99	70		Section 441.103.
100	71		(d) This section does not authorize the electronic
101	72		transmission or receipt of documents that are prohibited from being
102	73		electronically transmitted or received under federal law.
103	74		(e) To the extent of any conflict, this section prevails
104	75		over any other state law relating to the transmission and receipt of
105	76		state agency documents.
106	77		(f) A state agency shall include in the agency's legislative
107	78		appropriations request submitted to the Legislative Budget Board
108	79		for the state fiscal biennium beginning September 1, 2023, a report
109	80		on any cost savings or achievements in efficiency recognized from
110	81		implementing a change in the agency's procedures for the
111	82		transmission and receipt of state documents during the state fiscal
112	83		biennium ending August 31, 2023. This subsection expires September
113	84		1, 2024.
	85	+	SECTION 4. Subchapter F, Chapter 2054, Government Code, is
	86	+	amended by adding Section 2054.1116 to read as follows:
	87	+	Sec. 2054.1116. USE OF STATE ELECTRONIC INTERNET PORTAL FOR
	88	+	CERTAIN REPORTS. (a) To the extent a report prepared by a state
	89	+	agency is not confidential or excepted from the requirements of
	90	+	Section 552.021, the agency shall use the state electronic Internet
	91	+	portal to submit or post the report if the report is required by a
	92	+	statute, rule, or rider in the General Appropriations Act to be
	93	+	submitted to:
	94	+	(1) the governor;
	95	+	(2) a member, agency, or committee of the legislature;
	96	+	(3) another state agency; or
	97	+	(4) the public.
	98	+	(b) The department shall collaborate with the Texas State
	99	+	Library and Archives Commission to develop and provide to each
	100	+	state agency guidelines that assist the agency in determining:
	101	+	(1) the reports prepared by the agency that are
	102	+	appropriate for submission through the state electronic Internet
	103	+	portal; and
	104	+	(2) the retention requirements for those reports.
	105	+	(c) The Texas State Library and Archives Commission shall
	106	+	monitor the effectiveness of state agency use of the state
	107	+	electronic Internet portal for the purposes provided under this
	108	+	section.
	109	+	(d) A state agency that posts a report using the state
	110	+	electronic Internet portal satisfies any requirement in state law
	111	+	that the agency post the report on the agency's Internet website if
	112	+	the agency posts a direct link to the state electronic Internet
	113	+	portal on the agency's Internet website.
	114	+	SECTION 5. Subchapter A, Chapter 2176, Government Code, is
	115	+	amended by adding Section 2176.007 to read as follows:
	116	+	Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
	117	+	The comptroller shall conduct a study on the mail operations of each
	118	+	state agency in the executive branch of state government that
	119	+	receives an appropriation. The study must identify provisions of
	120	+	law relating to the mailing requirements for the agency that impede
	121	+	the efficient transmission and receipt of documents by the agency.
	122	+	(b) In conducting the study, the comptroller shall
	123	+	collaborate with other state agencies to consider the needs or
	124	+	concerns specific to those agencies.
	125	+	(c) Not later than November 1, 2022, the comptroller shall
	126	+	post the findings of the study conducted under this section on the
	127	+	comptroller's Internet website.
	128	+	(d) This section expires September 1, 2023.
114	129		SECTION 6. Section 243.015, Health and Safety Code, is
115	130		amended by amending Subsection (e) and adding Subsections (e-1) and
116	131		(e-2) to read as follows:
117	132		(e) If the department initially determines that a violation
118	133		occurred, the department shall give written notice of the report
119	134		[by certified mail] to the person. Notwithstanding any other law,
120	135		the notice may be provided by any certified delivery method,
121	136		including certified mail or certified e-mail.
122	137		(e-1) If the notice under Subsection (e) is sent by
123	138		certified e-mail:
124	139		(1) it must be sent to the person's last known e-mail
125	140		address as provided by the person to the department; and
126	141		(2) the department shall maintain proof that the
127	142		notice was sent.
128	143		(e-2) For purposes of Subsection (e), a person's provision
129	144		of an e-mail address to the department is considered consent to
130	145		electronically deliver notices and correspondence to the person.
131	146		SECTION 7. Section 11.082(a), Natural Resources Code, is
132	147		amended to read as follows:
133	148		(a) A state agency or political subdivision may not formally
134	149		take any action that may affect state land dedicated to the
135	150		permanent school fund without first giving notice of the action to
136	151		the board. Notice of the proposed action shall be delivered [by
137	152		certified mail, return receipt requested, addressed to the deputy
138	153		commissioner of the asset management division of the General Land
139	154		Office] on or before the state agency's or political subdivision's
140	155		formal initiation of the action by:
141	156		(1) certified mail, return receipt requested,
142	157		addressed to the deputy commissioner of the asset management
143	158		division of the General Land Office; or
144	159		(2) certified e-mail to an e-mail address specified by
145	160		the deputy commissioner for the purpose of receiving the notice.
146		-	SECTION 8. The changes in law made by this Act relating to
	161	+	SECTION 8. A state agency is not required to comply with
	162	+	Section 2054.1116, Government Code, as added by this Act, until the
	163	+	Department of Information Resources notifies the agency that the
	164	+	state electronic Internet portal project is configured to allow
	165	+	compliance by the agency with that section.
	166	+	SECTION 9. The changes in law made by this Act relating to
147	167		the method of delivery or submission of a notice or report apply
148	168		only to a notice or report that is required to be delivered or
149	169		submitted on or after the effective date of this Act. A notice or
150	170		report required to be delivered or submitted before the effective
151	171		date of this Act is governed by the law in effect on the date the
152	172		notice or report was required to be delivered or submitted, and the
153	173		former law is continued in effect for that purpose.
154		-	SECTION 9. This Act takes effect September 1, 2021.
	174	+	SECTION 10. This Act takes effect September 1, 2021.