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  H.B. No. 4553
 
 
 
 
AN ACT
  relating to the eligibility of certain entities for services and
  commodity items provided by the Department of Information Resources
  and statewide technology centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 2054, Government Code, is
  amended by adding Section 2054.0525 to read as follows:
         Sec. 2054.0525.  CUSTOMERS ELIGIBLE FOR DEPARTMENT
  SERVICES. If the executive director determines that participation
  is in the best interest of this state, the following entities are
  eligible customers for services the department provides:
               (1)  a state agency;
               (2)  a local government;
               (3)  the legislature or a legislative agency;
               (4)  the supreme court, the court of criminal appeals,
  or a court of appeals;
               (5)  a public hospital owned or operated by this state
  or a political subdivision or municipal corporation of this state,
  including a hospital district or hospital authority;
               (6)  an independent organization certified under
  Section 39.151, Utilities Code, for the ERCOT power region;
               (7)  the Texas Permanent School Fund Corporation;
               (8)  an assistance organization, as defined by Section
  2175.001;
               (9)  an open-enrollment charter school, as defined by
  Section 5.001, Education Code;
               (10)  a private school, as defined by Section 5.001,
  Education Code;
               (11)  a private or independent institution of higher
  education, as defined by Section 61.003, Education Code;
               (12)  a public safety entity, as defined by 47 U.S.C.
  Section 1401;
               (13)  a volunteer fire department, as defined by
  Section 152.001, Tax Code; and
               (14)  a governmental entity of another state.
         SECTION 2.  Section 2054.375(1), Government Code, is amended
  to read as follows:
               (1)  "Eligible [Governmental] entity" means an entity
  listed in Section 2054.0525 [a state agency or local government].
         SECTION 3.  Sections 2054.376(a), (a-1), and (b), Government
  Code, are amended to read as follows:
         (a)  This subchapter applies to all information resources
  technologies, other than telecommunications services governed by
  Chapter 2170 [service, advanced communications services, or
  information service, as those terms are defined by 47 U.S.C.
  Section 153], that are:
               (1)  obtained by a state agency using state money; or
               (2)  used by a participating eligible entity [state
  agency; or
               [(3)  used by a participating local government].
         (a-1)  Notwithstanding Subsection (a), this subchapter
  applies to electronic messaging service and outsourced managed
  services that are:
               (1)  obtained by a state agency using state money; or
               (2)  used by a participating eligible entity [state
  agency; or
               [(3)  used by a participating local government].
         (b)  This subchapter does not apply to:
               (1)  [the Department of Public Safety's use for
  criminal justice or homeland security purposes of a federal
  database or network;
               [(2)  a Texas equivalent of a  database or network 
  described by Subdivision (1) that is managed by the Department of
  Public Safety;
               [(3)]  the uniform statewide accounting system, as that
  term is used in Subchapter C, Chapter 2101;
               (2) [(4)]  the state treasury cash and treasury
  management system;
               (3) [(5)]  a database or network managed by the
  comptroller to:
                     (A)  collect and process multiple types of taxes
  imposed by the state; or
                     (B)  manage or administer fiscal, financial,
  revenue, and expenditure activities of the state under Chapter 403
  and Chapter 404; or
               (4) [(6)]  a database or network managed by the
  Department of Agriculture.
         SECTION 4.  Section 2054.3771, Government Code, is amended
  to read as follows:
         Sec. 2054.3771.  ELIGIBLE ENTITIES [LOCAL GOVERNMENTS]. The
  department may establish or expand a statewide technology center to
  include participation by an eligible entity [a local government].
  The executive director and the department have all the powers
  necessary or appropriate, consistent with this chapter, to
  accomplish that purpose.
         SECTION 5.  Section 2054.378(a), Government Code, is amended
  to read as follows:
         (a)  The department may operate statewide technology centers
  to provide participating eligible [two or more governmental]
  entities, on a cost-sharing basis, services relating to:
               (1)  information resources and information resources
  technology; and
               (2)  the deployment, development, and maintenance of
  software applications.
         SECTION 6.  Section 2054.380(a), Government Code, is amended
  to read as follows:
         (a)  The department shall set and charge a fee to each
  participating eligible [governmental] entity that receives a
  service from a statewide technology center in an amount sufficient
  to cover the direct and indirect cost of providing the service.
         SECTION 7.  Section 2054.382(a), Government Code, is amended
  to read as follows:
         (a)  The department shall manage the operations of statewide
  technology centers that provide data center services or disaster
  recovery services for two or more participating eligible entities
  [state agencies], including management of the operations of the
  center on the campus of Angelo State University.
         SECTION 8.  The heading to Section 2054.3851, Government
  Code, is amended to read as follows:
         Sec. 2054.3851.  ELIGIBLE ENTITY [LOCAL GOVERNMENT]
  PARTICIPATION AND SELECTION.
         SECTION 9.  Sections 2054.3851(a), (b), (c), and (d),
  Government Code, are amended to read as follows:
         (a)  An eligible entity listed in Section 2054.0525, other
  than a state agency, [A local government] may submit a request to
  the department to receive services or operations through a
  statewide technology center.  The eligible entity [local
  government] shall identify its particular requirements, operations
  costs, and requested service levels.
         (b)  On receipt of the request, the department shall conduct
  a cost and requirements analysis for the eligible entity [local
  government].
         (c)  If the department selects the eligible entity [local
  government] for participation in a statewide technology center, the
  department shall provide notice to the eligible entity [local
  government] that includes:
               (1)  the scope of the services to be provided to the
  eligible entity [local government];
               (2)  a schedule of anticipated costs for the eligible
  entity [local government]; and
               (3)  the implementation schedule for the eligible
  entity [local government].
         (d)  If selected to participate in a statewide technology
  center, an eligible entity [a local government] may contract with
  the department to receive the identified services and have the
  identified operations performed through the statewide technology
  center.
         SECTION 10.  Section 2059.001, Government Code, is amended
  by adding Subdivision (2-a) and amending Subdivision (4) to read as
  follows:
               (2-a)  "Local government" has the meaning assigned by
  Section 2054.003.
               (4)  "State agency" has the meaning assigned by Section
  2054.003 [2151.002].
         SECTION 11.  Section 2059.058, Government Code, is amended
  to read as follows:
         Sec. 2059.058.  AGREEMENT TO PROVIDE NETWORK SECURITY
  SERVICES TO ENTITIES OTHER THAN STATE AGENCIES. [(a) In this
  section, a "special district" means:
               [(1)  a school district;
               [(2)  a hospital district;
               [(3)  a water district; or
               [(4)  a district or special water authority, as defined
  by Section 49.001, Water Code.
         [(b)]  In addition to the department's duty to provide
  network security services to state agencies under this chapter, the
  department by agreement may provide network security services to:
               (1)  each house of the legislature and a legislative
  agency;
               (2)  a local government;
               (3)  the supreme court, the court of criminal appeals,
  or a court of appeals;
               (4)  a public hospital owned or operated by this state
  or a political subdivision or municipal corporation of this state,
  including a hospital district or hospital authority;
               (5)  the Texas Permanent School Fund Corporation;
               (6)  an open-enrollment charter school, as defined by
  Section 5.001, Education Code;
               (7)  a private school, as defined by Section 5.001,
  Education Code;
               (8)  a private or independent institution of higher
  education, as defined by Section 61.003, Education Code;
               (9)  a volunteer fire department, as defined by Section
  152.001, Tax Code; and
               (10)  [an agency that is not a state agency, including a
  legislative agency;
               [(3)  a political subdivision of this state, including
  a county, municipality, or special district;
               [(4)]  an independent organization certified under [,
  as defined by] Section 39.151, Utilities Code, for the ERCOT power
  region [; and
               [(5)  a public junior college].
         SECTION 12.  Section 2059.201, Government Code, is amended
  to read as follows:
         Sec. 2059.201.  ELIGIBLE PARTICIPATING ENTITIES.  A state
  agency or an entity listed in Section 2059.058 [Sections
  2059.058(b)(3)-(5)] is eligible to participate in cybersecurity
  support and network security provided by a regional network
  security center under this subchapter.
         SECTION 13.  Section 2157.001, Government Code, is amended
  by adding Subdivisions (3) and (4) to read as follows:
               (3)  "Local government" has the meaning assigned by
  Section 2054.003.
               (4)  "State agency" has the meaning assigned by Section
  2054.003.
         SECTION 14.  Sections 2157.068(a), (d), and (j), Government
  Code, are amended to read as follows:
         (a)  In this section, "commodity items" means commercial
  software, hardware, or technology services, other than
  telecommunications services, that are generally available to
  businesses or the public and for which the department determines
  that a reasonable demand exists from an eligible entity, as defined
  by Section 2054.375 [two or more customers, including state
  agencies and political subdivisions of this state, entities
  described by Subsection (j), and governmental entities of another
  state], that purchases [purchase] the items through the department.  
  The term includes seat management, through which an eligible entity 
  [a customer] transfers its personal computer equipment and service
  responsibilities to a private vendor to manage the personal
  computing needs for each desktop of the eligible entity [customer],
  including all necessary hardware, software, and support services.
         (d)  The department may charge a reasonable administrative
  fee to a state agency, local government [political subdivision of
  this state], or governmental entity of another state that purchases
  commodity items through the department in an amount that is
  sufficient to recover costs associated with the administration of
  this section.  Revenue derived from the collection of fees imposed
  under this subsection may be appropriated to the department for:
               (1)  developing statewide information resources
  technology policies and planning under Chapters 2054 and 2059; and
               (2)  providing shared information resources technology
  services under Chapter 2054.
         (j)  An eligible entity, as defined by Section 2054.375, [The
  following entities] may purchase commodity items through the
  department, and be charged a reasonable administrative fee, as
  provided by this section[:
               [(1)  the Electric Reliability Council of Texas;
               [(2)  the Lower Colorado River Authority;
               [(3)  a private school, as defined by Section 5.001,
  Education Code;
               [(4)  a private or independent institution of higher
  education, as defined by Section 61.003, Education Code;
               [(5)  a volunteer fire department, as defined by
  Section 152.001, Tax Code;
               [(6)  subject to Section 418.193, a public safety
  entity, as defined by 47 U.S.C. Section 1401;
               [(7)  subject to Section 418.193, a county hospital,
  public hospital, or hospital district; or
               [(8)  the Texas Permanent School Fund Corporation, if
  incorporated under Section 43.052, Education Code].
         SECTION 15.  Section 2170.001(a), Government Code, is
  amended by adding Subdivision (4) to read as follows:
               (4)  "State agency" has the meaning assigned by Section
  2054.003.
         SECTION 16.  Section 2170.004, Government Code, is amended
  to read as follows:
         Sec. 2170.004.  CONTRACTS WITH ENTITIES OTHER THAN STATE
  AGENCIES.  The department may contract for use of the consolidated
  telecommunications system with:
               (1)  each house of the legislature;
               (2)  a legislative agency;
               (3)  the supreme court, the court of criminal appeals,
  or a court of appeals;
               (4)  a state governmental entity other than [an agency
  that is not] a state agency [as defined by Section 2151.002];
               (5)  a local government, as defined by Section 2054.003
  [(4)  a political subdivision, including a county, municipality,
  or district];
               (6) [(5)]  a private institution of higher education
  [accredited by a recognized accrediting agency], as defined by
  Section 61.003, Education Code[, that:
                     [(A)  engages in distance learning, as defined by
  Section 57.021, Utilities Code; and
                     [(B)  receives federal funds for distance
  learning initiatives];
               (7) [(6)]  an assistance organization, as defined by
  Section 2175.001;
               (8) [(7)  subject to Section 418.194,] a public safety
  entity, as defined by 47 U.S.C. Section 1401;
               (9) [and
               [(8)  subject to Section 418.194,] a governmental
  entity of another state;
               (10)  a public hospital owned or operated by this state
  or a political subdivision or municipal corporation of this state,
  including a hospital district or hospital authority;
               (11)  an independent organization certified under
  Section 39.151, Utilities Code, for the ERCOT power region;
               (12)  the Texas Permanent School Fund Corporation;
               (13)  an open-enrollment charter school, as defined by
  Section 5.001, Education Code;
               (14)  a private school, as defined by Section 5.001,
  Education Code;
               (15)  a private or independent institution of higher
  education, as defined by Section 61.003, Education Code; and
               (16)  a volunteer fire department, as defined by
  Section 152.001, Tax Code.
         SECTION 17.  Sections 418.193 and 418.194, Government Code,
  are repealed.
         SECTION 18.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4553 was passed by the House on May 2,
  2023, by the following vote:  Yeas 129, Nays 15, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4553 was passed by the Senate on May
  12, 2023, by the following vote:  Yeas 29, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor