Texas 2023 - 88th Regular

Texas Senate Bill SB1159 Compare Versions

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1	1	88R13213 YDB-F
2	2	By: Johnson S.B. No. 1159
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain entities for services and
8	8	commodity items provided by the Department of Information Resources
9	9	and statewide technology centers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 2054, Government Code, is
12	12	amended by adding Section 2054.0525 to read as follows:
13	13	Sec. 2054.0525. CUSTOMERS ELIGIBLE FOR DEPARTMENT
14	14	SERVICES. If the executive director determines that participation
15	15	is in the best interest of this state, the following entities are
16	16	eligible customers for services the department provides:
17	17	(1) a state agency;
18	18	(2) a local government;
19	19	(3) the legislature or a legislative agency;
20	20	(4) the supreme court, the court of criminal appeals,
21	21	or a court of appeals;
22	22	(5) a public hospital owned or operated by this state
23	23	or a political subdivision or municipal corporation of this state,
24	24	including a hospital district or hospital authority;
25	25	(6) the Electric Reliability Council of Texas;
26	26	(7) the Texas Permanent School Fund Corporation;
27	27	(8) an assistance organization, as defined by Section
28	28	2175.001;
29	29	(9) an open-enrollment charter school, as defined by
30	30	Section 5.001, Education Code;
31	31	(10) a private school, as defined by Section 5.001,
32	32	Education Code;
33	33	(11) a private or independent institution of higher
34	34	education, as defined by Section 61.003, Education Code;
35	35	(12) a public safety entity, as defined by 47 U.S.C.
36	36	Section 1401;
37	37	(13) a volunteer fire department, as defined by
38	38	Section 152.001, Tax Code; and
39	39	(14) a governmental entity of another state.
40	40	SECTION 2. Section 2054.375(1), Government Code, is amended
41	41	to read as follows:
42	42	(1) "Eligible [Governmental] entity" means an entity
43	43	listed in Section 2054.0525 [a state agency or local government].
44	44	SECTION 3. Sections 2054.376(a), (a-1), and (b), Government
45	45	Code, are amended to read as follows:
46	46	(a) This subchapter applies to all information resources
47	47	technologies, other than telecommunications services governed by
48	48	Chapter 2170 [service, advanced communications services, or
49	49	information service, as those terms are defined by 47 U.S.C.
50	50	Section 153], that are:
51	51	(1) obtained by a state agency using state money; or
52	52	(2) used by a participating eligible entity [state
53	53	agency; or
54	54	[(3) used by a participating local government].
55	55	(a-1) Notwithstanding Subsection (a), this subchapter
56	56	applies to electronic messaging service and outsourced managed
57	57	services that are:
58	58	(1) obtained by a state agency using state money; or
59	59	(2) used by a participating eligible entity [state
60	60	agency; or
61	61	[(3) used by a participating local government].
62	62	(b) This subchapter does not apply to:
63	63	(1) [the Department of Public Safety's use for
64	64	criminal justice or homeland security purposes of a federal
65	65	database or network;
66	66	[(2)] a Texas equivalent of a federal database or
67	67	network used for criminal justice or homeland security purposes
68	68	[described by Subdivision (1)] that is managed by the Department of
69	69	Public Safety;
70	70	(2) [(3)] the uniform statewide accounting system, as
71	71	that term is used in Subchapter C, Chapter 2101;
72	72	(3) [(4)] the state treasury cash and treasury
73	73	management system; or
74	74	(4) [(5)] a database or network managed by the
75	75	comptroller to:
76	76	(A) collect and process multiple types of taxes
77	77	imposed by the state; or
78	78	(B) manage or administer fiscal, financial,
79	79	revenue, and expenditure activities of the state under Chapter 403
80	80	and Chapter 404[; or
81	81	[(6) a database or network managed by the Department of
82	82	Agriculture].
83	83	SECTION 4. Section 2054.3771, Government Code, is amended
84	84	to read as follows:
85	85	Sec. 2054.3771. ELIGIBLE ENTITIES [LOCAL GOVERNMENTS]. The
86	86	department may establish or expand a statewide technology center to
87	87	include participation by an eligible entity [a local government].
88	88	The executive director and the department have all the powers
89	89	necessary or appropriate, consistent with this chapter, to
90	90	accomplish that purpose.
91	91	SECTION 5. Section 2054.378(a), Government Code, is amended
92	92	to read as follows:
93	93	(a) The department may operate statewide technology centers
94	94	to provide participating eligible [two or more governmental]
95	95	entities, on a cost-sharing basis, services relating to:
96	96	(1) information resources and information resources
97	97	technology; and
98	98	(2) the deployment, development, and maintenance of
99	99	software applications.
100	100	SECTION 6. Section 2054.380(a), Government Code, is amended
101	101	to read as follows:
102	102	(a) The department shall set and charge a fee to each
103	103	participating eligible [governmental] entity that receives a
104	104	service from a statewide technology center in an amount sufficient
105	105	to cover the direct and indirect cost of providing the service.
106	106	SECTION 7. Section 2054.382(a), Government Code, is amended
107	107	to read as follows:
108	108	(a) The department shall manage the operations of statewide
109	109	technology centers that provide data center services or disaster
110	110	recovery services for two or more participating eligible entities
111	111	[state agencies], including management of the operations of the
112	112	center on the campus of Angelo State University.
113	113	SECTION 8. The heading to Section 2054.3851, Government
114	114	Code, is amended to read as follows:
115	115	Sec. 2054.3851. ELIGIBLE ENTITY [LOCAL GOVERNMENT]
116	116	PARTICIPATION AND SELECTION.
117	117	SECTION 9. Sections 2054.3851(a), (b), (c), and (d),
118	118	Government Code, are amended to read as follows:
119	119	(a) An eligible entity listed in Section 2054.0525, other
120	120	than a state agency, [A local government] may submit a request to
121	121	the department to receive services or operations through a
122	122	statewide technology center. The eligible entity [local
123	123	government] shall identify its particular requirements, operations
124	124	costs, and requested service levels.
125	125	(b) On receipt of the request, the department shall conduct
126	126	a cost and requirements analysis for the eligible entity [local
127	127	government].
128	128	(c) If the department selects the eligible entity [local
129	129	government] for participation in a statewide technology center, the
130	130	department shall provide notice to the eligible entity [local
131	131	government] that includes:
132	132	(1) the scope of the services to be provided to the
133	133	eligible entity [local government];
134	134	(2) a schedule of anticipated costs for the eligible
135	135	entity [local government]; and
136	136	(3) the implementation schedule for the eligible
137	137	entity [local government].
138	138	(d) If selected to participate in a statewide technology
139	139	center, an eligible entity [a local government] may contract with
140	140	the department to receive the identified services and have the
141	141	identified operations performed through the statewide technology
142	142	center.
143	143	SECTION 10. Section 2059.001, Government Code, is amended
144	144	by adding Subdivision (2-a) and amending Subdivision (4) to read as
145	145	follows:
146	146	(2-a) "Local government" has the meaning assigned by
147	147	Section 2054.003.
148	148	(4) "State agency" has the meaning assigned by Section
149	149	2054.003 [2151.002].
150	150	SECTION 11. Section 2059.058, Government Code, is amended
151	151	to read as follows:
152	152	Sec. 2059.058. AGREEMENT TO PROVIDE NETWORK SECURITY
153	153	SERVICES TO ENTITIES OTHER THAN STATE AGENCIES. [(a) In this
154	154	section, a "special district" means:
155	155	[(1) a school district;
156	156	[(2) a hospital district;
157	157	[(3) a water district; or
158	158	[(4) a district or special water authority, as defined
159	159	by Section 49.001, Water Code.
160	160	[(b)] In addition to the department's duty to provide
161	161	network security services to state agencies under this chapter, the
162	162	department by agreement may provide network security services to:
163	163	(1) each house of the legislature and a legislative
164	164	agency;
165	165	(2) a local government;
166	166	(3) the supreme court, the court of criminal appeals,
167	167	or a court of appeals;
168	168	(4) a public hospital owned or operated by this state
169	169	or a political subdivision or municipal corporation of this state,
170	170	including a hospital district or hospital authority;
171	171	(5) the Texas Permanent School Fund Corporation;
172	172	(6) an open-enrollment charter school, as defined by
173	173	Section 5.001, Education Code;
174	174	(7) a private school, as defined by Section 5.001,
175	175	Education Code;
176	176	(8) a private or independent institution of higher
177	177	education, as defined by Section 61.003, Education Code;
178	178	(9) a volunteer fire department, as defined by Section
179	179	152.001, Tax Code; and
180	180	(10) [an agency that is not a state agency, including a
181	181	legislative agency;
182	182	[(3) a political subdivision of this state, including
183	183	a county, municipality, or special district;
184	184	[(4)] an independent organization certified under [,
185	185	as defined by] Section 39.151, Utilities Code, for the ERCOT power
186	186	region [; and
187	187	[(5) a public junior college].
188	188	SECTION 12. Section 2059.201, Government Code, is amended
189	189	to read as follows:
190	190	Sec. 2059.201. ELIGIBLE PARTICIPATING ENTITIES. A state
191	191	agency or an entity listed in Section 2059.058 [Sections
192	192	2059.058(b)(3)-(5)] is eligible to participate in cybersecurity
193	193	support and network security provided by a regional network
194	194	security center under this subchapter.
195	195	SECTION 13. Section 2157.001, Government Code, is amended
196	196	by adding Subdivisions (3) and (4) to read as follows:
197	197	(3) "Local government" has the meaning assigned by
198	198	Section 2054.003.
199	199	(4) "State agency" has the meaning assigned by Section
200	200	2054.003.
201	201	SECTION 14. Section 2157.068(j), Government Code, is
202	202	amended to read as follows:
203	203	(j) The following entities may purchase commodity items
204	204	through the department, and be charged a reasonable administrative
205	205	fee, as provided by this section:
206	206	(1) the Electric Reliability Council of Texas;
207	207	(2) the Lower Colorado River Authority;
208	208	(3) a private school, as defined by Section 5.001,
209	209	Education Code;
210	210	(4) a private or independent institution of higher
211	211	education, as defined by Section 61.003, Education Code;
212	212	(5) a volunteer fire department, as defined by Section
213	213	152.001, Tax Code;
214	214	(6) [subject to Section 418.193,] a public safety
215	215	entity, as defined by 47 U.S.C. Section 1401;
216	216	(7) the supreme court, the court of criminal appeals,
217	217	or a court of appeals;
218	218	(8) a public hospital owned and operated by this state
219	219	or a political subdivision or municipal corporation of this state,
220	220	including a hospital district or hospital authority [subject to
221	221	Section 418.193, a county hospital, public hospital, or hospital
222	222	district];
223	223	(9) [or
224	224	[(8)] the Texas Permanent School Fund Corporation, if
225	225	incorporated under Section 43.052, Education Code;
226	226	(10) an open-enrollment charter school, as defined by
227	227	Section 5.001, Education Code; or
228	228	(11) the legislature or a legislative agency.
229	229	SECTION 15. Section 2170.001(a), Government Code, is
230	230	amended by adding Subdivision (4) to read as follows:
231	231	(4) "State agency" has the meaning assigned by Section
232	232	2054.003.
233	233	SECTION 16. Section 2170.004, Government Code, is amended
234	234	to read as follows:
235	235	Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
236	236	AGENCIES. The department may contract for use of the consolidated
237	237	telecommunications system with:
238	238	(1) each house of the legislature;
239	239	(2) a legislative agency;
240	240	(3) the supreme court, the court of criminal appeals,
241	241	or a court of appeals;
242	242	(4) a state governmental entity other than [an agency
243	243	that is not] a state agency [as defined by Section 2151.002];
244	244	(5) [(4)] a local government, as defined by Section
245	245	2054.003 [a political subdivision, including a county,
246	246	municipality, or district];
247	247	(6) [(5)] a private institution of higher education
248	248	[accredited by a recognized accrediting agency], as defined by
249	249	Section 61.003, Education Code[, that:
250	250	[(A) engages in distance learning, as defined by
251	251	Section 57.021, Utilities Code; and
252	252	[(B) receives federal funds for distance
253	253	learning initiatives];
254	254	(7) [(6)] an assistance organization, as defined by
255	255	Section 2175.001;
256	256	(8) [(7)] [subject to Section 418.194,] a public
257	257	safety entity, as defined by 47 U.S.C. Section 1401;
258	258	(9) [and
259	259	[(8) subject to Section 418.194,] a governmental
260	260	entity of another state;
261	261	(10) a public hospital owned or operated by this state
262	262	or a political subdivision or municipal corporation of this state,
263	263	including a hospital district or hospital authority;
264	264	(11) the Electric Reliability Council of Texas;
265	265	(12) the Texas Permanent School Fund Corporation;
266	266	(13) an open-enrollment charter school, as defined by
267	267	Section 5.001, Education Code;
268	268	(14) a private school, as defined by Section 5.001,
269	269	Education Code;
270	270	(15) a private or independent institution of higher
271	271	education, as defined by Section 61.003, Education Code; and
272	272	(16) a volunteer fire department, as defined by
273	273	Section 152.001, Tax Code.
274	274	SECTION 17. Sections 418.193 and 418.194, Government Code,
275	275	are repealed.
276	276	SECTION 18. This Act takes effect September 1, 2023.