By: Guillen, Schofield, Rinaldi H.B. No. 2305         (Senate Sponsor - Estes)          (In the Senate - Received from the House May 8, 2017;   May 15, 2017, read first time and referred to Committee on Business &   Commerce; May 22, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 0;   May 22, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 2305 By:  Estes     A BILL TO BE ENTITLED   AN ACT     relating to the operations, reports, records, communications,   information technology, and notice procedures of state agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter G, Chapter 441,   Government Code, is amended to read as follows:   SUBCHAPTER G. STATE PUBLICATIONS AND REPORTS          SECTION 2.  Section 441.101, Government Code, is amended by   adding Subdivision (5) to read as follows:                (5)  "Texas Digital Archive" means the digital   repository maintained and operated by the commission for the   preservation of and access to permanently valuable copies of   archival state records, reports, and publications.          SECTION 3.  Subchapter G, Chapter 441, Government Code, is   amended by adding Sections 441.107 and 441.108 to read as follows:          Sec. 441.107.  REPORT OF REPORTS. (a) Notwithstanding   Section 441.101, in this section, "state agency" has the meaning   assigned by Section 441.180.          (b)  Not later than January 1 of every other odd-numbered   year, the commission shall submit to the governor and the   Legislative Budget Board a written report regarding all statutorily   required reports prepared by and submitted to a state agency. The   commission may consult with other state agencies in preparing the   report. A state agency shall cooperate with the commission in   securing the information necessary for preparing the report and   shall submit that information to the commission. The commission   shall prescribe the time and manner in which a state agency   transmits the information necessary to prepare the report, and may   require the information to be submitted using the Texas Digital   Archive. The report must include for each statutorily required   report:                (1)  the title of and the agency preparing the report;                (2)  the statutory authority requiring the report;                (3)  the recipient of the report;                (4)  the deadline for submitting the report;                (5)  a brief description of the report; and                (6)  an assessment from each recipient of the report   whether the report is necessary.          (c)  The report required by Subsection (b) must:                (1)  be made available to the public; and                (2)  provide indices by preparing agency, title of   report, and report recipient.          Sec. 441.108.  STATE AGENCY USE OF TEXAS DIGITAL ARCHIVE FOR   CERTAIN REPORTS. (a) Notwithstanding Section 441.101, in this   section, "state agency" has the meaning assigned by Section   2054.003.          (b)  To the extent a report prepared by a state agency is not   confidential or excepted from the requirements of Section 552.021,   the agency shall use the Texas Digital Archive to submit or post the   report if the report is required by a statute, rule, or rider in the   General Appropriations Act to be submitted to:                (1)  the governor;                (2)  a member, agency, or committee of the legislature;                (3)  another state agency; or                (4)  the public.          (c)  The commission shall develop and make accessible to each   state agency guidelines that assist the agency in determining:                (1)  the reports prepared by the agency that are   appropriate for submission through the Texas Digital Archive; and                (2)  the retention requirements for those reports.          (d)  The commission shall monitor the effectiveness of state   agency use of the Texas Digital Archive for the purposes provided   under this section.          (e)  A state agency that posts a report using the Texas   Digital Archive satisfies any requirement in state law that the   agency post the report on the agency's Internet website if the   agency posts a direct link to the Texas Digital Archive on the   agency's Internet website.          SECTION 4.  Section 2001.026, Government Code, is amended to   read as follows:          Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE   OF PROPOSED RULES. A state agency shall provide [mail] notice of a   proposed rule to each person who has made a timely written request   of the agency for advance notice of its rulemaking proceedings. The   agency may provide the notice by electronic mail if the person   requests electronic delivery of the notice and includes an e-mail   address in the person's written request submitted to the agency.   Failure to provide [mail] the notice does not invalidate an action   taken or rule adopted.          SECTION 5.  Chapter 2052, Government Code, is amended by   adding Subchapter F to read as follows:   SUBCHAPTER F. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS          Sec. 2052.401.  DEFINITION. In this subchapter, "state   agency" means a department, commission, board, office, council,   authority, or other agency that is in the executive, legislative,   or judicial branch of state government and that is created by the   constitution or a statute of this state, including a university   system or institution of higher education as defined by Section   61.003, Education Code.          Sec. 2052.402.  TRANSMISSION AND RECEIPT OF DOCUMENTS. (a)   A state agency may transmit and receive state documents in a format   prescribed by the agency and in any manner that the agency   determines will increase agency efficiency without compromising   the delivery of the agency's program to the public.          (b)  A state agency that transmits and receives state   documents using the Internet or another electronic medium shall by   rule develop electronic communication procedures for the agency.          (c)  Notwithstanding Subsection (a), a state agency may   continue to use established procedures prescribed by state law or   agency policy for the transmission and receipt of documents,   including the delivery of certain publications that exist in   physical format to a depository library as required by Section   441.103.          (d)  This section does not authorize the electronic   transmission or receipt of documents that are prohibited from being   electronically transmitted or received under federal law.          (e)  To the extent of any conflict, this section prevails   over any other state law relating to the transmission and receipt of   state agency documents.          (f)  A state agency shall include in the agency's legislative   appropriations request submitted to the Legislative Budget Board   for the state fiscal biennium beginning September 1, 2019, a report   on any cost savings or achievements in efficiency recognized from   implementing a change in the agency's procedures for the   transmission and receipt of state documents during the state fiscal   biennium ending August 31, 2019. This subsection expires September   1, 2020.          SECTION 6.  (a)  Section 2054.1183, Government Code, is   amended to read as follows:          Sec. 2054.1183.  ANNUAL REPORT ON MAJOR INFORMATION   RESOURCES PROJECTS. (a) Not later than December 1 of each year,   the quality assurance team shall report on the status of major   information resources projects to the:                (1)  governor;                (2)  lieutenant governor;                (3)  speaker of the house of representatives;                (4)  presiding officer of the committee in the house of   representatives with primary responsibility for appropriations;   and                (5)  presiding officer of the committee in the senate   with primary responsibility for appropriations.          (b)  The annual report must include:                (1)  the current status of each major information   resources project; and                (2)  information regarding the performance indicators   developed under Section 2054.159 for each major information   resources project at each stage of the project's life cycle.          (b)  Subchapter G, Chapter 2054, Government Code, is amended   by adding Section 2054.159 to read as follows:          Sec. 2054.159.  MAJOR INFORMATION RESOURCES PROJECT   MONITORING. (a) For the entire life cycle of each major   information resources project, the quality assurance team shall   monitor and report on performance indicators for each project,   including schedule, cost, scope, and quality.          (b)  The department by rule shall develop the performance   indicators the quality assurance team is required to monitor under   Subsection (a). In adopting rules under this subsection, the   department shall consider applicable information technology   industry standards.          (c)  If the quality assurance team determines that a major   information resources project is not likely to achieve the   performance objectives for the project, the quality assurance team   shall place the project on a list for more intense monitoring by the   quality assurance team.          (d)  The quality assurance team shall closely monitor   monthly reports for each major information resources project   identified under Subsection (c) and, based on criteria developed by   the department, determine whether to recommend to the executive   director the need to initiate corrective action for the project.          (e)  The department shall create and maintain on the   department's Internet website a user-friendly data visualization   tool that provides an analysis and visual representation of the   performance indicators developed under Subsection (b) for each   major information resources project.          (c)  Not later than December 1, 2017, the Department of   Information Resources shall adopt rules to implement Section   2054.159, Government Code, as added by this section.          (d)  This section takes effect January 1, 2018.          SECTION 7.  Subchapter C, Chapter 2171, Government Code, is   amended by adding Section 2171.106 to read as follows:          Sec. 2171.106.  MANAGEMENT OF VEHICLE FLEET BY STATE AGENCY.   (a)  Each state agency shall:                (1)  as the state agency considers necessary, evaluate   the effectiveness and efficiency of the agency's vehicle fleet   management, including the agency's vehicle acquisition methods and   interagency agreements to operate vehicle maintenance and repair   facilities that are owned or operated by this state; and                (2)  establish and maintain a schedule for replacing   the agency's vehicles.          (b)  Based on the state agency's findings from the evaluation   conducted under Subsection (a)(1), the agency shall implement any   measures that will increase the agency's effectiveness and   efficiency in managing the agency's vehicle fleet.           (c)  A state agency shall conduct the first evaluation   required by Subsection (a)(1) and implement the findings from that   evaluation as required by Subsection (b) not later than August 31,   2019. This subsection expires December 31, 2019.          SECTION 8.  Subchapter A, Chapter 2176, Government Code, is   amended by adding Section 2176.007 to read as follows:          Sec. 2176.007.  COMPTROLLER STUDY ON MAIL OPERATIONS. (a)   The comptroller shall conduct a study on the mail operations of each   state agency in the executive branch of state government that   receives an appropriation. The study must identify provisions of   law relating to the mailing requirements for the agency that impede   the efficient transmission and receipt of documents by the agency.          (b)  In conducting the study, the comptroller shall   collaborate with other state agencies to consider the needs or   concerns specific to those agencies.          (c)  Not later than November 1, 2018, the comptroller shall   post the findings of the study conducted under this section on the   comptroller's Internet website.          (d)  This section expires September 1, 2019.          SECTION 9.  Section 243.015, Health and Safety Code, is   amended by amending Subsection (e) and adding Subsections (e-1) and   (e-2) to read as follows:          (e)  If the department initially determines that a violation   occurred, the department shall give written notice of the report   [by certified mail] to the person. Notwithstanding any other law,   the notice may be provided by any certified delivery method,   including certified mail or certified electronic mail.          (e-1)  If the notice under Subsection (e) is sent by   certified electronic mail:                (1)  it must be sent to the person's last known e-mail   address as provided by the person to the department; and                (2)  the department shall maintain proof that the   notice was sent.          (e-2)  For purposes of Subsection (e), a person's provision   of an e-mail address to the department is considered consent to   electronically deliver notices and correspondence to the person.          SECTION 10.  Sections 21.010(a), (d), and (e), Labor Code,   are amended to read as follows:          (a)  Each state agency shall provide to employees of the   agency a [an employment discrimination] training program on the   prevention of employment discrimination [that complies with this   section].          (d)  The commission shall develop materials for use by state   agencies in providing the [employment discrimination] training   program [as] required by this section.          (e)  Each state agency shall require an employee of the   agency who completes the [attends a] training program required by   this section to verify [sign a statement verifying] the employee's   completion of [attendance at] the training program in the manner   prescribed by the agency. The agency shall:                (1)  file a document that verifies the employee's   completion of the training program [the statement] in the   employee's personnel file; or                (2)  retain an electronic record that verifies the   employee's completion of the training program in accordance with   the record retention requirements applicable to the agency.          SECTION 11.  Section 11.082(a), Natural Resources Code, is   amended to read as follows:          (a)  A state agency or political subdivision may not formally   take any action that may affect state land dedicated to the   permanent school fund without first giving notice of the action to   the board. Notice of the proposed action shall be delivered [by   certified mail, return receipt requested, addressed to the deputy   commissioner of the asset management division of the General Land   Office] on or before the state agency's or political subdivision's   formal initiation of the action by:                (1)  certified mail, return receipt requested,   addressed to the deputy commissioner of the asset management   division of the General Land Office; or                (2)  certified electronic mail to an e-mail address   specified by the deputy commissioner for the purpose of receiving   the notice.          SECTION 12.  Section 301.160, Occupations Code, is amended   by adding Subsection (k) to read as follows:          (k)  Notwithstanding Subsection (j), the board may deliver   the report under that subsection by certified electronic mail if   the recipient provides an e-mail address to the board for the   purpose of receiving the report.          SECTION 13.  Section 228.0545, Transportation Code, is   amended by adding Subsection (e) to read as follows:          (e)  The department may provide that the notice under   Subsection (c), instead of being sent by first class mail, be sent   as an electronic record to a registered owner that agrees to the   terms of the electronic record transmission of the information.          SECTION 14.  (a)  Section 552.139, Government Code, is   amended by amending Subsection (b) and adding Subsections (b-1) and   (d) to read as follows:          (b)  The following information is confidential:                (1)  a computer network vulnerability report;                (2)  any other assessment of the extent to which data   processing operations, a computer, a computer program, network,   system, or system interface, or software of a governmental body or   of a contractor of a governmental body is vulnerable to   unauthorized access or harm, including an assessment of the extent   to which the governmental body's or contractor's electronically   stored information containing sensitive or critical information is   vulnerable to alteration, damage, erasure, or inappropriate use;   [and]                (3)  a photocopy or other copy of an identification   badge issued to an official or employee of a governmental body; and                (4)  information directly arising from a governmental   body's routine efforts to prevent, detect, investigate, or mitigate   a computer security incident, including information contained in or   derived from an information security log.          (b-1)  Subsection (b)(4) does not affect the notification   requirements related to a breach of system security as defined by   Section 521.053, Business & Commerce Code.          (d)  A state agency shall redact from a contract posted on   the agency's Internet website under Section 2261.253 information   that is made confidential by, or excepted from required public   disclosure under, this section. The redaction of information under   this subsection does not exempt the information from the   requirements of Section 552.021 or 552.221.          (b)  Subchapter C, Chapter 2054, Government Code, is amended   by adding Section 2054.068 to read as follows:          Sec. 2054.068.  INFORMATION TECHNOLOGY INFRASTRUCTURE   REPORT. (a)  In this section, "information technology" includes   information resources and information resources technologies.          (b)  The department shall collect from each state agency   information on the status and condition of the agency's information   technology infrastructure, including information regarding:                (1)  the agency's information security program;                (2)  an inventory of the agency's servers, mainframes,   cloud services, and other information technology equipment;                (3)  identification of vendors that operate and manage   the agency's information technology infrastructure; and                (4)  any additional related information requested by   the department.          (c)  A state agency shall provide the information required by   Subsection (b) to the department according to a schedule determined   by the department.          (d)  Not later than November 15 of each even-numbered year,   the department shall submit to the governor, chair of the house   appropriations committee, chair of the senate finance committee,   speaker of the house of representatives, lieutenant governor, and   staff of the Legislative Budget Board a consolidated report of the   information submitted by state agencies under Subsection (b).          (e)  The consolidated report required by Subsection (d)   must:                (1)  include an analysis and assessment of each state   agency's security and operational risks; and                (2)  for a state agency found to be at higher security   and operational risks, include a detailed analysis of, and an   estimate of the costs to implement, the:                      (A)  requirements for the agency to address the   risks and related vulnerabilities; and                      (B)  agency's efforts to address the risks through   the:                            (i)  modernization of information   technology systems;                            (ii)  use of cloud services; and                            (iii)  use of a statewide technology center   established by the department.          (f)  With the exception of information that is confidential   under Chapter 552, including Section 552.139, or other state or   federal law, the consolidated report submitted under Subsection (d)   is public information and must be released or made available to the   public on request. A governmental body as defined by Section   552.003 may withhold information confidential under Chapter 552,   including Section 552.139, or other state or federal law that is   contained in a consolidated report released under this subsection   without the necessity of requesting a decision from the attorney   general under Subchapter G, Chapter 552.          (g)  This section does not apply to an institution of higher   education or university system, as defined by Section 61.003,   Education Code.          (c)  Section 2054.0965(a), Government Code, is amended to   read as follows:          (a)  Not later than March 31 [December 1] of each   even-numbered [odd-numbered] year, a state agency shall complete a   review of the operational aspects of the agency's information   resources deployment following instructions developed by the   department.          (d)  Section 2157.007, Government Code, is amended by   amending Subsection (b) and adding Subsection (e) to read as   follows:          (b)  A state agency shall [may] consider cloud computing   service options, including any security benefits and cost savings   associated with purchasing those service options from a cloud   computing service provider and from a statewide technology center   established by the department, when making purchases for a major   information resources project under Section 2054.118.          (e)  Not later than November 15 of each even-numbered year,   the department, using existing resources, shall submit a report to   the governor, lieutenant governor, and speaker of the house of   representatives on the use of cloud computing service options by   state agencies. The report must include use cases that provided   cost savings and other benefits, including security enhancements.   A state agency shall cooperate with the department in the creation   of the report by providing timely and accurate information and any   assistance required by the department.          (e)  Sections 552.139(b)(4) and (b-1), Government Code, as   added by this section, apply only to a request for public   information received on or after the effective date of this Act. A   request received before the effective date of this Act is governed   by the law in effect when the request was received, and the former   law is continued in effect for that purpose.          SECTION 15.  (a)  The Department of Information Resources   shall conduct an interim study on state reliance on the use of paper   documents, including current requirements that certain state   documents be mailed, for the purpose of reducing the state's volume   of paper transactions and increasing governmental efficiency.          (b)  The study must include:                (1)  recommendations on opportunities to increase   operational efficiency in state government through a reduction in   the use of paper documents; and                (2)  strategies to replace the use of paper documents   with electronic documents and to automate state transactions to   better meet the needs of residents of this state.          (c)  The Department of Information Resources shall submit a   report on the findings of the study to the governor, lieutenant   governor, speaker of the house of representatives, and Legislative   Budget Board.          (d)  This section expires September 1, 2019.          SECTION 16.  This Act may not be construed as exempting a   state agency from complying with any applicable law that requires   the state agency to physically post notice to the public in a paper   format, including Chapter 551, Government Code.          SECTION 17.  A state agency is not required to comply with   Section 441.108, Government Code, as added by this Act, until the   Texas State Library and Archives Commission notifies the agency   that the Texas Digital Archive, as defined by Section 441.101,   Government Code, as amended by this Act, is configured to allow   compliance by the agency with that section.          SECTION 18.  The changes in law made by this Act relating to   the method of delivery or submission of a notice or report apply   only to a notice or report that is required to be delivered or   submitted on or after the effective date of this Act.  A notice or   report required to be delivered or submitted before the effective   date of this Act is governed by the law in effect on the date the   notice or report was required to be delivered or submitted, and the   former law is continued in effect for that purpose.          SECTION 19.  The first report required under Section   441.107, Government Code, as added by this Act, is due not later   than January 1, 2021.          SECTION 20.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2017.     * * * * *