1 | 1 | | 2023S0189-1 02/22/23 |
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2 | 2 | | By: Paxton S.B. No. 1205 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the modernization of information technology of state |
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8 | 8 | | agencies and certain local governments. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 325, Government Code, is amended by |
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11 | 11 | | adding Section 325.0124 to read as follows: |
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12 | 12 | | Sec. 325.0124. REVIEW OF AGENCY'S IMPLEMENTATION OF |
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13 | 13 | | INFORMATION TECHNOLOGY MODERNIZATION PLAN. As part of its review |
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14 | 14 | | of a state agency, the commission shall consider and make |
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15 | 15 | | recommendations regarding the extent to which the agency has |
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16 | 16 | | updated, upgraded, or procured technology based on the agency's |
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17 | 17 | | information technology modernization plan included in the agency's |
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18 | 18 | | strategic plan required by Section 2056.002. |
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19 | 19 | | SECTION 2. Section 2054.003, Government Code, is amended by |
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20 | 20 | | adding Subdivisions (11) and (11-a) to read as follows: |
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21 | 21 | | (11) "Peer-to-peer payment" means a transfer of funds |
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22 | 22 | | using a peer-to-peer payment system. |
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23 | 23 | | (11-a) "Peer-to-peer payment system" means a digital |
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24 | 24 | | non-credit card system used for transferring funds from one party |
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25 | 25 | | to another. |
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26 | 26 | | SECTION 3. Section 2054.060, Government Code, is amended by |
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27 | 27 | | adding Subsection (a-1) to read as follows: |
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28 | 28 | | (a-1) Unless expressly prohibited by other law or a rule |
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29 | 29 | | adopted by the state agency, a state agency shall accept a digital |
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30 | 30 | | signature included in any communication or payment electronically |
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31 | 31 | | delivered to the state agency. |
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32 | 32 | | SECTION 4. Subchapter C, Chapter 2054, Government Code, is |
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33 | 33 | | amended by adding Section 2054.0692 to read as follows: |
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34 | 34 | | Sec. 2054.0692. GUIDANCE ON USE OF DISTRIBUTED LEDGER |
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35 | 35 | | TECHNOLOGY. (a) The department shall develop and disseminate |
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36 | 36 | | guidance for the use of distributed ledger technology, including |
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37 | 37 | | blockchain, among state agencies. |
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38 | 38 | | (b) The guidance must include a framework or model for |
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39 | 39 | | deciding if distributed ledger technology is appropriate for |
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40 | 40 | | meeting a state agency's needs. The guidance may include: |
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41 | 41 | | (1) examples of potential uses of distributed ledger |
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42 | 42 | | technology by an agency; |
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43 | 43 | | (2) sample procurement and contractual language; and |
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44 | 44 | | (3) information on educational resources for agencies |
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45 | 45 | | on distributed ledger technology. |
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46 | 46 | | SECTION 5. Section 2054.095(b), Government Code, is amended |
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47 | 47 | | to read as follows: |
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48 | 48 | | (b) Except as otherwise modified by the Legislative Budget |
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49 | 49 | | Board or the governor, instructions under Subsection (a) must |
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50 | 50 | | require each state agency's strategic plan to include: |
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51 | 51 | | (1) a description of the agency's information |
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52 | 52 | | resources management organizations, policies, and practices, |
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53 | 53 | | including the extent to which the agency uses its project |
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54 | 54 | | management practices, as defined by Section 2054.152; |
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55 | 55 | | (2) a description of how the agency's information |
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56 | 56 | | resources programs support and promote its mission, goals, and |
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57 | 57 | | objectives and the goals and policies of the state strategic plan |
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58 | 58 | | for information resources; |
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59 | 59 | | (3) a description of customer service technology, |
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60 | 60 | | including telephone systems and websites, that improves customer |
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61 | 61 | | service performance; and |
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62 | 62 | | (4) other planning components that the department may |
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63 | 63 | | prescribe. |
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64 | 64 | | SECTION 6. Section 2054.1115, Government Code, is amended |
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65 | 65 | | by amending Subsection (a) and adding Subsection (c) to read as |
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66 | 66 | | follows: |
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67 | 67 | | (a) A state agency or local government that uses the state |
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68 | 68 | | electronic Internet portal may use electronic payment methods, |
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69 | 69 | | including the acceptance of peer-to-peer payments, credit cards, |
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70 | 70 | | and debit cards, for: |
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71 | 71 | | (1) point-of-sale transactions, including: |
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72 | 72 | | (A) person-to-person transactions; |
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73 | 73 | | (B) transactions that use an automated process to |
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74 | 74 | | facilitate a person-to-person transaction; and |
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75 | 75 | | (C) transactions completed by a person at an |
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76 | 76 | | unattended self-standing computer station using an automated |
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77 | 77 | | process; |
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78 | 78 | | (2) telephone transactions; or |
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79 | 79 | | (3) mail transactions. |
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80 | 80 | | (c) The department shall identify the three most commonly |
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81 | 81 | | used peer-to-peer payment systems and post a list containing those |
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82 | 82 | | systems in a conspicuous location on the department's Internet |
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83 | 83 | | website. The department shall biennially review and, if necessary, |
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84 | 84 | | update the list required under this subsection. |
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85 | 85 | | SECTION 7. Subchapter L, Chapter 2054, Government Code, is |
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86 | 86 | | amended by adding Section 2054.393 to read as follows: |
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87 | 87 | | Sec. 2054.393. MARKETING OF SERVICES. (a) Notwithstanding |
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88 | 88 | | Section 2113.011 and subject to Subsection (b), the department may |
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89 | 89 | | use appropriated money to market to state agencies and local |
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90 | 90 | | governments shared information resources technology services |
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91 | 91 | | offered by the department under this subchapter, including data |
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92 | 92 | | center, disaster recovery, and cybersecurity services. |
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93 | 93 | | (b) An expenditure of money under this section must be |
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94 | 94 | | approved by the executive director. |
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95 | 95 | | SECTION 8. Subchapter R, Chapter 2054, Government Code, is |
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96 | 96 | | amended by adding Section 2054.603 to read as follows: |
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97 | 97 | | Sec. 2054.603. INTERNET WEBSITE DOMAIN REQUIREMENTS. (a) |
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98 | 98 | | This section does not apply to a university system or institution of |
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99 | 99 | | higher education as defined by Section 61.003, Education Code. |
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100 | 100 | | (b) Unless granted an exemption by the department, a state |
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101 | 101 | | agency or local government shall use the top-level domain ".gov" or |
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102 | 102 | | ".texas.gov" for the entity's official Internet website. |
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103 | 103 | | (c) The department shall assist state agencies and local |
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104 | 104 | | governments in obtaining a ".gov" or ".texas.gov" domain for the |
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105 | 105 | | entity's official Internet website. Using money appropriated to |
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106 | 106 | | the department for this purpose, the department may establish a |
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107 | 107 | | grant program to assist state agencies' and local governments' |
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108 | 108 | | transition to the ".gov" or ".texas.gov" domain. If the department |
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109 | 109 | | establishes a grant program, the department must enter into a |
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110 | 110 | | contract that includes performance requirements with each grant |
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111 | 111 | | recipient. The department shall monitor and enforce the terms of |
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112 | 112 | | each contract. |
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113 | 113 | | SECTION 9. Chapter 2056, Government Code, is amended by |
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114 | 114 | | adding Section 2056.0023 to read as follows: |
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115 | 115 | | Sec. 2056.0023. INFORMATION TECHNOLOGY MODERNIZATION PLAN. |
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116 | 116 | | (a) As part of the strategic plan required under Section 2056.002, |
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117 | 117 | | a state agency shall include an information technology |
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118 | 118 | | modernization plan that outlines the manner in which the agency |
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119 | 119 | | intends to transition its information technology and data-related |
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120 | 120 | | services and capabilities into a more modern, integrated, secure, |
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121 | 121 | | and effective technological environment. |
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122 | 122 | | (b) The Department of Information Resources may provide a |
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123 | 123 | | template for the information technology modernization plan |
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124 | 124 | | required by this section. |
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125 | 125 | | SECTION 10. The Department of Information Resources shall |
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126 | 126 | | develop and disseminate the guidance and decision model required by |
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127 | 127 | | Section 2054.0692, Government Code, as added by this Act, not later |
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128 | 128 | | than December 1, 2023. |
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129 | 129 | | SECTION 11. (a) Except as provided by Subsection (b) of |
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130 | 130 | | this section, each state agency and local government shall comply |
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131 | 131 | | with the requirements of Section 2054.603(b), Government Code, as |
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132 | 132 | | added by this Act, as soon as practicable after the effective date |
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133 | 133 | | of this Act but not later than September 1, 2028. |
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134 | 134 | | (b) A state agency or local government shall comply with the |
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135 | 135 | | requirements of Section 2054.603(b), Government Code, as added by |
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136 | 136 | | this Act, as soon as practicable after the effective date of this |
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137 | 137 | | Act but not later than September 1, 2024, if the state agency or |
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138 | 138 | | local government uses its official Internet website to: |
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139 | 139 | | (1) collect or maintain information pertaining to the |
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140 | 140 | | identity or finances of a person; or |
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141 | 141 | | (2) provide election results, services, or |
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142 | 142 | | information. |
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143 | 143 | | SECTION 12. This Act takes effect September 1, 2023. |
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