HBA-ALS C.S.H.B. 1657 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1657
By: Maxey
State Affairs
4/16/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, some state agencies are not required to provide information in a
specific format.  There are no mandates that an agency's rules, procedures,
forms, and other public service be available online.  The purpose of this
bill is to improve governmental efficiency, make governmental information
more easily accessible to the public, and reduce consumption of paper
through the use of the Internet.  
C.S.H.B. 1657 requires state agencies to make certain information relating
to the agency available through a generally accessible Internet site. This
bill requires that a state agency develop, in its strategic plan, a scheme
for receiving forms and payments from the public or regulated individuals,
and provides guidelines for implementing such a plan. C.S.H.B.1657 also
requires a state agency to maintain a generally accessible Internet site
that is easily located through electronic means and is linked to other
specified sites. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 2001, Government Code, by adding
Section 2001.006, as follows: 

Sec. 2001.006. CERTAIN EXPLANATORY INFORMATION MADE AVAILABLE THROUGH
INTERNET. (a) Requires a state agency to make available the text of its
rules and any major compilation of material that explains or interprets one
or more of its rules through a generally accessible Internet site (site).  

(b) Requires an agency to design the site to allow the public to
electronically send questions to the agency regarding its rules and
electronically receive agency responses. Requires all agency sites
providing the agency's rules and explanatory and interpretive materials to
comply with this subsection.  

(c) Requires an agency to design the site to conform with generally
acceptable standards for Internet accessibility for people with
disabilities. 

(d) Authorizes a state agency to comply with this section through the
actions of another state agency acting on the agency's behalf, such as the
secretary of state.   

SECTION 2.  Amends Section 2054.096, Government Code, as follows:

Sec. 2054.096.  CONTENT OF AGENCY STRATEGIC PLAN.  Provides that if a state
agency receives information or payment of money from the public or
regulated individuals by way of a form, the agency's strategic plan must
include a plan for receiving the forms or payments through the Internet.
Requires this portion of the plan to be developed with the assistance of
the Department of Information Resources (department).  Provides that the
plan must include appropriate security measures approved by the department
and performance measures that allow the department and legislature to
evaluate the agency's progress in  implementing the plan, and must specify
when the agency will fully implement the plan. 

SECTION 3.  Amends Subchapter F, Chapter 2054, Government Code, by adding
Section 2054.121, as follows: 

Sec. 2054.121.  LINKING AND INDEXING INTERNET SITES.  Requires all state
agencies maintaining a generally accessible Internet site to cooperate in
facilitating useful electronic links among the sites.  Requires state
agencies to attempt to link their sites to different sites from which
persons are expected to need information concurrently.  Requires a state
agency to establish a site that is easily located through electronic means.
Requires the department to assist with an agency's compliance of this
section. 

SECTION 4. Requires each state agency to phase in the requirement of making
information available on the Internet in the most cost-effective manner and
in accordance with available appropriations. 

SECTION 5.  Emergency clause.
  Effective date: upon passage.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (proposed Section
2001.006, Government Code) in proposed Subsection (a) to delete language
requiring a state agency to make its rules, written letters, opinions, or
statements explaining or interpreting one of its rules available through a
generally accessible Internet site (site) and to add language requiring a
state agency to make the text of its rules and any major compilation of
material that explains or interprets one or more of its rules available
through a site. The substitute adds completely new text in language to
proposed Subsection (b) to require an agency to design a site that allows
the public to electronically send questions to the agency and
electronically receive agency responses, and requires all agency sites
providing the agency's rules and explanatory and interpretive materials to
comply with the provisions of the subsection. The substitute adds new
Subsection (c) to require an agency to design the site that conforms with
generally acceptable standards for Internet accessibility for people with
disabilities. The substitute redesignates existing text in proposed
Subsection (b) to new Subsection (d).