H.B. No. 2048




AN ACT
relating to certain online services and transactions involving state agencies and to the abolishment of the TexasOnline Authority and the transfer of its powers and duties to the Texas Department of Information Resources. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2054.111, Government Code, is amended to read as follows: Sec. 2054.111. USE OF TEXASONLINE PROJECT. (a) In this section, ["authority,"] "local government[,]" and "project" have the meanings assigned by Section 2054.251. (b) A state agency shall consider using the project for agency services provided on the Internet, including: (1) financial transactions; (2) applications for licenses, permits, registrations, and other related documents from the public; (3) electronic signatures; and (4) any other applications that require security. (c) If a state agency chooses not to use the project under Subsection (b), the agency must provide documentation to the department [authority] that shows the services and security required by the agency. The department [authority] shall prescribe the documentation required. (d) A state agency that uses the project shall comply with rules adopted by the department, including any rules regarding: (1) the appearance of the agency's Internet site and the ease with which the site can be used; (2) the use of the project [authority] seal; and (3) marketing efforts under Subsection (g). (e) A state agency or local government that uses the project may charge a fee under Subchapter I if: (1) the fee is necessary to recover the actual costs directly and reasonably incurred by the agency or local government because of the project for: (A) the use of electronic payment methods; or (B) interfacing with other information technology systems; (2) the fee does not include an amount to recover state agency or local government employee costs; (3) the state agency or local government approves the amount of the fee using the state agency's or local government's standard approval process for fee increases; (4) the chief financial officer for the state agency or local government certifies that the amount of the fee is necessary to recover the actual costs incurred because of the project; and (5) the department [authority] approves the amount of the fee. (f) A local government may not charge a fee under Subsection (e) that is otherwise prohibited under Section 195.006 or 195.007, Local Government Code. (g) A state agency that uses the project shall assist the department [authority] with marketing efforts regarding the use of the project. SECTION 2. Section 2054.1115(b), Government Code, is amended to read as follows: (b) The state agency or local government may charge a reasonable fee, as provided by Section 2054.111 or Subchapter I, to recover costs incurred through electronic payment methods used under this section. SECTION 3. Section 2054.113(c), Government Code, is amended to read as follows: (c) Before a state agency may contract with a third party for Internet application development that duplicates a TexasOnline function, the state agency must notify the department [TexasOnline Authority] of its intent to bid for such services at the same time that others have the opportunity to bid. The program management office may exempt a state agency from this section if it determines the agency has fully complied with Section 2054.111. SECTION 4. Subchapter F, Chapter 2054, Government Code, is amended by adding Section 2054.129 to read as follows: Sec. 2054.129. ADVERTISING ONLINE OPTIONS. Each state agency shall advertise the options for completing transactions with that agency online. SECTION 5. The heading to Subchapter I, Chapter 2054, Government Code, is amended to read as follows:
SUBCHAPTER I. TEXASONLINE [AUTHORITY AND] PROJECT
SECTION 6. Sections 2054.252(a), (b), (c), (e), and (f), Government Code, are amended to read as follows: (a) The department [authority] shall implement a project designated "TexasOnline" that establishes a common electronic infrastructure through which state agencies and local governments, including licensing entities, may by any method [electronically]: (1) send and receive documents or required payments to and from: (A) members of the public; (B) persons who are regulated by the agencies or local governments; and (C) the agencies and local governments; (2) receive applications for original and renewal licenses and permits, including occupational licenses, complaints about occupational license holders, and other documents for filing from members of the public and persons who are regulated by a state agency or local government that, when secure access is necessary, can be electronically validated by the agency, local government, member of the public, or regulated person; (3) send original and renewal occupational licenses to persons regulated by licensing entities; (4) send profiles of occupational license holders to persons regulated by licensing entities and to the public; (5) store information; and (6) provide and receive any other service to and from the agencies and local governments or the public. (b) The electronic infrastructure established by the department [authority] under Subsection (a) may include the Internet, intranets, extranets, and wide area networks. (c) The department [authority] may implement this section in phases. Each state agency or local government that chooses to participate in the project and each licensing entity shall comply with the schedule established by the department [authority]. (e) The department [authority] shall charge fees to licensing entities as provided by this subchapter in amounts sufficient to cover the cost of implementing this section with respect to licensing entities. The department [authority] shall charge a subscription fee to be paid by each licensing entity. The department may not charge the subscription fee until the service for which the fee is charged is available on the Internet. If the department [authority] determines that the transaction costs exceed the maximum increase in occupational license issuance or renewal fees allowed under Subsection (g), the department [authority] may also charge a reasonable convenience fee to be recovered from a license holder who uses the project for online issuance or renewal of a license. (f) The department [authority] may exempt a licensing entity from subscription fees under Subsection (e) if the department [authority] determines that the licensing entity has established an Internet portal that is performing the functions described by Subsection (a). SECTION 7. Section 2054.259, Government Code, is amended to read as follows: Sec. 2054.259. GENERAL POWERS AND DUTIES OF DEPARTMENT [TEXASONLINE AUTHORITY]. The department [authority] shall: (1) develop policies related to operation of the project; (2) approve or disapprove services to be provided by the project; (3) operate and promote the project; (4) oversee contract performance for the project; (5) comply with department financial requirements; (6) oversee money generated for the operation and expansion of the project; (7) develop project pricing policies, including policies regarding any fees that a state agency, including the department, or a local government may charge for a transaction that uses the project; (8) evaluate participation in the project to determine if performance efficiencies or other benefits and opportunities are gained through project implementation; and (9) perform [advise the department about the project; and [(10) coordinate with the department to receive] periodic security audits of the operational facilities of the project. SECTION 8. Subchapter I, Chapter 2054, Government Code, is amended by adding Sections 2054.2591 and 2054.2592 to read as follows: Sec. 2054.2591. FEES. (a) The department shall set fees that a state agency, including the department, or a local government may charge for a transaction that uses the project. The department shall set fees at amounts sufficient to recover the direct and indirect costs of the project. (b) A fee set by the department for using the project is in addition to any other statutory fees. The revenue collected from the fees must be used to support the project, including the recovery of project costs. Sec. 2054.2592. FEE EXEMPTION; BARBER AND COSMETOLOGY BOARDS. The department may not charge the State Board of Barber Examiners or the Texas Cosmetology Commission a fee to use the project for the issuance or renewal of an occupational license. SECTION 9. Section 2054.260, Government Code, is amended to read as follows: Sec. 2054.260. REPORTING REQUIREMENTS[: AUTHORITY]. (a) Not later than September 1 of each even-numbered year, the department [authority] shall report on the status, progress, benefits, and efficiency gains of the project. The department [authority] shall provide the report to: (1) the presiding officer of each house of the legislature; (2) the chair of each committee in the legislature that has primary jurisdiction over the department; (3) the governor; and (4) each state agency or local government participating in the project. (b) Not later than September 1 of each even-numbered year, [As required by] the department[, the authority] shall report on [to the department regarding] financial matters, including project costs and revenues, and [. [(c) The authority shall report to the department] on any significant issues regarding contract performance on the project. (c) The department shall provide the report to: (1) the presiding officer of each house of the legislature; and (2) the chair of each committee in the legislature with primary jurisdiction over the department. SECTION 10. Section 2054.2605(b), Government Code, is amended to read as follows: (b) This section applies only to a licensing entity for which the department [authority] has begun implementation of the project under the schedule established by the department [authority]. SECTION 11. Sections 2054.2606(d) and (e), Government Code, are amended to read as follows: (d) The department [authority] shall adopt [prepare] rules [for adoption by the board] to prescribe the amount of the fee to be collected by a state agency that establishes a profile system for its license holders. (e) The department [authority] shall adopt [prepare] additional rules as necessary to assist in the funding and administration of the profile systems established by state agencies, including rules prescribing policies for vendor contracts relating to the collection and entry of profile data. SECTION 12. Section 2054.261, Government Code, is amended to read as follows: Sec. 2054.261. ASSISTANCE AND COORDINATION WITH OTHER GOVERNMENTAL ENTITIES. The department [authority] shall: (1) assist state agencies and local governments in researching and identifying potential funding sources for the project; (2) assist state agencies and local governments in using the project; (3) assist the legislature and other state leadership in coordinating electronic government initiatives; and (4) coordinate operations between state agencies and local governments to achieve integrated planning for the project. SECTION 13. Section 2054.262, Government Code, is amended to read as follows: Sec. 2054.262. RULES. [(a)] The department [authority] shall adopt [prepare] rules regarding operation of the project [for consideration by the board]. [(b) The board may adopt rules prepared by the authority.] SECTION 14. Section 2054.263, Government Code, is amended to read as follows: Sec. 2054.263. SEAL. The department [authority] shall adopt an icon, symbol, brand, seal, or other identifying device to represent the project. SECTION 15. Section 2054.266, Government Code, is amended to read as follows: Sec. 2054.266. DONATIONS AND GRANTS. The department [authority] may request and accept a donation or grant from any person for use by the department [authority] in implementing or managing the project. SECTION 16. Sections 2054.271(a) and (c), Government Code, are amended to read as follows: (a) The department [authority] or another state agency or local government that uses the project [TexasOnline] may use the Department of Public Safety's or another state agency's database, as appropriate, to authenticate an individual's identity on the project [TexasOnline]. (c) The department may adopt [authority shall propose] rules[, which the board may adopt,] regarding the use of a standardized database for authentication under this section. SECTION 17. Subchapter I, Chapter 2054, Government Code, is amended by adding Sections 2054.273 and 2054.274 to read as follows: Sec. 2054.273. INDEPENDENT ANNUAL AUDIT. (a) Not later than August 1 of each year, any private vendor chosen to implement or manage the project shall have an audit of the vendor's finances associated with the management and operation of the project performed by an independent certified public accountant selected by the state. The vendor shall pay for the audit and shall have a copy of the audit provided to the department. (b) Not later than August 15 of each year, the department shall provide a copy of the audit report to: (1) the presiding officer of each house of the legislature; and (2) the chair of each committee in the legislature with primary jurisdiction over the department. (c) The department shall keep a copy of the audit report and make the audit report available for inspection by any interested person during regular business hours. Sec. 2054.274. RECOVERY OF FEES. A person that pays a fee for using the project may recover the fee in the ordinary course of business. SECTION 18. Section 2054.351, Government Code, is amended to read as follows: Sec. 2054.351. DEFINITIONS. In this subchapter, ["authority,"] "licensing entity[,]" and "occupational license" have the meanings assigned those terms by Section 2054.251[, as added by Chapter 342, Acts of the 77th Legislature, Regular Session, 2001]. SECTION 19. Sections 2054.352(b) and (c), Government Code, are amended to read as follows: (b) The department [authority] may add additional agencies as system capabilities are developed. (c) A licensing entity other than an entity listed by Subsection (a) may participate in the system established under Section 2054.353, [as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001,] subject to the approval of the department [authority]. SECTION 20. Section 2054.353, Government Code, is amended to read as follows: Sec. 2054.353. ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING TRANSACTIONS. (a) The department [authority] shall administer a common electronic system using the Internet through which a licensing entity can electronically: (1) send occupational licenses and other documents to persons regulated by the licensing entity [authority] and to the public; (2) receive applications for occupational licenses and other documents for filing from persons regulated by the licensing entity [authority] and from the public, including documents that can be electronically signed if necessary; and (3) receive required payments from persons regulated by the licensing entity [authority] and from the public. (b) The department [authority] may implement this section in phases. Each licensing entity that participates in the system established under this section shall comply with the schedule established by the department [authority]. (c) The department [authority] may use any Internet portal established under a demonstration project administered by the department [authority]. (d) The department [authority] may exempt a licensing entity from participating in the system established by this section if the department [authority] determines that: (1) the licensing entity has established an Internet portal that allows the performance of the functions described by Subsection (a); or (2) online license renewal for the licensing entity would not be cost-effective or in the best interest of the project. SECTION 21. Section 195.003, Local Government Code, is amended to read as follows: Sec. 195.003. PERSONS AUTHORIZED TO FILE ELECTRONICALLY. (a) The following persons may file documents electronically for recording with a county clerk that accepts electronic filing and recording under this chapter: (1) an attorney licensed in this state; (2) a bank, savings and loan association, savings bank, or credit union doing business under laws of the United States or this state; (3) a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans; (4) a person licensed to make regulated loans in this state; (5) a title insurance company or title insurance agent licensed to do business in this state; or (6) an agency of this state. (b) A fee may not be charged to a person authorized to file under this section, except as provided by Section 195.006 or 195.007. SECTION 22. Subchapter E, Chapter 548, Transportation Code, is amended by adding Section 548.258 to read as follows: Sec. 548.258. USE OF TEXASONLINE. (a) In this section, "TexasOnline" has the meaning assigned by Section 2054.003, Government Code. (b) The department may adopt rules to require an inspection station to use TexasOnline to: (1) purchase inspection certificates; or (2) send to the department a record, report, or other information required by the department. SECTION 23. (a) Section 531.0312, Government Code, is amended by adding Subsection (e) to read as follows: (e) Each local workforce development board, the Texas Head Start State Collaboration Office, and each school district shall provide the Texas Information and Referral Network with information regarding eligibility for and availability of child-care and education services for inclusion in the statewide information and referral network. The local workforce development boards, Texas Head Start State Collaboration Office, and school districts shall provide the information in a form determined by the executive commissioner. In this subsection, "child-care and education services" has the meaning assigned by Section 531.03131. (b) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.03131 to read as follows: Sec. 531.03131. ELECTRONIC ACCESS TO CHILD-CARE AND EDUCATION SERVICES REFERRAL INFORMATION. (a) In this section, "child-care and education services" means: (1) subsidized child-care services administered by the Texas Workforce Commission and local workforce development boards and funded wholly or partly by federal child-care development funds; (2) child-care and education services provided by a Head Start or Early Head Start program provider; (3) child-care and education services provided by a school district through a prekindergarten or after-school program; and (4) any other government-funded child-care and education services, other than education and services provided by a school district as part of the general program of public and secondary education, designed to educate or provide care for children under the age of 13 in middle-income or low-income families. (b) In addition to providing health and human services information, the Texas Information and Referral Network Internet site established under Section 531.0313 shall provide information to the public regarding child-care and education services provided by public or private entities throughout the state. The Internet site will serve as a single point of access through which a person may be directed on how or where to apply for all child-care and education services available in the person's community. (c) To the extent resources are available, the Internet site must: (1) be geographically indexed and designed to inform an individual about the child-care and education services provided in the area where the person lives; (2) contain prescreening questions to determine a person's or family's probable eligibility for child-care and education services; and (3) be designed in a manner that allows staff of the Texas Information and Referral Network to: (A) provide an applicant with the telephone number, physical address, and electronic mail address of the nearest Head Start or Early Head Start office or center and local workforce development center and the appropriate school district; and (B) send an electronic mail message to each appropriate entity described by Paragraph (A) containing the name of and contact information for each applicant and a description of the services the applicant is applying for. (d) On receipt of an electronic mail message from the Texas Information and Referral Network under Subsection (c)(3)(B), each entity shall contact the applicant to verify information regarding the applicant's eligibility for available child-care and education services and, on certifying eligibility, shall match the applicant with entities providing those services in the applicant's community, including local workforce development boards, local child-care providers, or a Head Start or Early Head Start program provider. (e) The child-care resource and referral network under Chapter 310, Labor Code, and each entity providing child-care and education services in this state, including local workforce development boards, the Texas Education Agency, school districts, Head Start and Early Head Start program providers, municipalities, counties, and other political subdivisions of this state, shall cooperate with the Texas Information and Referral Network as necessary in the administration of this section. (f) Not later than the last day of the month following each calendar quarter, the commission shall file with the legislature a report regarding the use of the Internet site in the provision and delivery of child-care and education services during the reporting period. The report must include: (1) the number of referrals made to Head Start or Early Head Start offices or centers; (2) the number of referrals made to local workforce development centers; and (3) the number of referrals made to each school district. (c) If before implementing any provision of this section a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 24. The following are repealed: (1) Sections 2054.251(1) and (2), 2054.253 through 2054.258, 2054.264, 2054.2645, 2054.265, and 2054.267, Government Code; and (2) Section 7, Chapter 342, Acts of the 77th Legislature, Regular Session, 2001. SECTION 25. The amendments made by this Act to Section 2054.113(c), Government Code, apply only to a bid made on or after the effective date of this Act. A bid that is made before that date is governed by the law in effect when the bid was made, and the former law is continued in effect for that purpose. SECTION 26. On the effective date of this Act: (1) the TexasOnline Authority is abolished and all functions and activities performed by the TexasOnline Authority immediately before that date are transferred to the Department of Information Resources; (2) a schedule established or rule or form related to the TexasOnline Authority is a schedule, rule, or form of the Department of Information Resources and remains in effect until amended or replaced by that department; (3) a reference in law or an administrative rule to the TexasOnline Authority means the Department of Information Resources; (4) a complaint, investigation, or other proceeding before the TexasOnline Authority is transferred without change in status to the Department of Information Resources, and the Department of Information Resources assumes, as appropriate and without a change in status, the position of the TexasOnline Authority in an action or proceeding to which the TexasOnline Authority is a party; (5) all money, contracts, leases, property, and obligations of the TexasOnline Authority are transferred to the Department of Information Resources; (6) an employee of the TexasOnline Authority becomes an employee of the Department of Information Resources; and (7) the unexpended and unobligated balance of any money appropriated by the legislature for the TexasOnline Authority is transferred to the Department of Information Resources. SECTION 27. In the event of a conflict between a provision of this Act and another Act passed by the 79th Legislature, Regular Session, 2005, that becomes law, this Act prevails and controls regardless of the relative dates of enactment. SECTION 28. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2048 was passed by the House on May 9, 2005, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 2048 on May 26, 2005, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2048 on May 29, 2005, by the following vote: Yeas 144, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2048 was passed by the Senate, with amendments, on May 20, 2005, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2048 on May 29, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor