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).