HBA-ALS, ALS H.B. 1926 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1926
By: Carter
State Affairs
4/1/1999
Introduced



BACKGROUND AND PURPOSE 

Many state agencies provide services to the general public for which the
agency charges a fee.  Many of these services could be provided and fees
collected online, however, there is no current method for collecting these
fees.  In addition, many credit and debit card companies charge a
transaction fee, forcing an agency to choose between charging the fee to
the buyer or paying the fee from its proceeds, both of which violate
current statutory provisions.  

H.B. 1926 allows the Texas Comptroller of Public Accounts to adopt  rules
relating to the acceptances of debit cards, in addition to credit cards,
for payment of fees, taxes, and charges to state agencies and for purchases
by state agencies.  This bill allows a state agency to use electronic means
to provide a service to the public which involves the exchange of
information and which may involve the exchange of money, such as the
routine renewal of a license or providing copies of documents. This bill
allows an agency engaging in electronic commerce to accept payment by a
debit or credit card and to waive any transaction fee for use of electronic
means.  This bill establishes that such exchanges of information and
payments are confidential and are not public information.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that the rulemaking
authority previously delegated to the Texas Comptroller of Public Accounts
is  modified in SECTION 1 (Section 403.023, Government Code) and to Texas
Department of Economic Development in SECTION 2 (Section 2054.121,
Government Code) of this bill. 

SECTION BY SECTION ANALYSIS
  
SECTION 1.  Amends Section 403.023, Government Code, as follows:

Sec. 403.023.  New Title:  CREDIT AND DEBIT CARDS.  Adds "and debit" to
existing title. (a) Authorizes the Texas Comptroller of Public Accounts
(comptroller) to adopt rules relating to the acceptance of debit cards, in
addition to credit cards, for payment of fees, taxes, and charges assessed
by state agencies.  

(b) Deletes language authorizing the comptroller to adopt rules authorizing
the General Services Commission (commission) to contract with one or more
credit card issuers on behalf of state agencies.  Makes conforming changes

(c)  Prohibits the comptroller from adopting rules about a particular state
agency's acceptance of debit cards that would affect a contract that the
agency has entered into that is in effect on September 1, 1999. Makes a
nonsubstantive change. 

(d)  Makes a conforming change.

(e)  Makes no change.





 SECTION 2.  Amends Subchapter F, Chapter 2054, Government Code, by adding
Section 2054.121, as follows: 

Sec. 2054.121.  ELECTRONIC COMMERCE WITH LICENSEES AND MEMBERS OF PUBLIC.
(a) Provides that this section applies to the use of electronic commerce by
a state agency to provide to the general public or to persons who are
regulated by the agency, services involving the exchange of information and
receipt of payment.  Provides examples of services to which this section
applies.   
  
(b) Provides that Chapter 2177 (applying to the use of electronic commerce
by a state agency to acquire goods and services) is not affected by this
section.  Provides that this section does not apply to a state agency's use
of the Internet or an electronic bulletin board to receive electronic mail,
except to the extent that it is part of an electronic commerce transaction
or to post generally accessible information that may be retrieved without
charge.  

(c) Requires the Texas Department of Economic Development (department) and
the commission to cooperate to qualify for catalogue purchasing of
automated information systems under Subchapter B, Chapter 2157 (Purchasing:
Purchase of Automated Information systems), that are suitable for
conducting electronic commerce transactions between a state agency and
persons who are regulated by the agency or members of the general public.
Requires the commission, before qualifying an electronic commerce system
for the catalogue, to consult the department. Requires the department to
determine whether the system is generally suitable for the task. Requires
the commission to determine whether the security features of the system are
sufficient to protect the integrity and privacy of exchanged information,
particularly any information exchanged as part of making a payment.  

(d)  Authorizes a state agency engaging in an electronic commerce
transaction to accept payment by a debit or credit card and to designate
payment by electronic means as the preferred method of payment.  Authorizes
the state agency to waive any transaction fee for use of electronic means
and accept the amount set by statute or rule for the good or service.
Specifies the type of information that  is confidential and is not public
information under Chapter 552 (Public Information), if it is collected by
or for a state agency, the agency owns or has a right of access to the
information, and the information relates to a payment by debit or credit
card under this section, 
  
(e) Provides that the department's rules regarding digital signatures apply
to an electronic commerce transaction subject to this section.  

(f) Provides that a state agency is not required to provide services
through the use of electronic commerce to members of the general public or
to persons who are regulated by the agency, but  requires the agency to
comply with this section if the agency does provide such services and  if
providing those services involves the exchange of information and may
involve the receipt of payment.  

(h)  Requires a state agency that acquires an automated information system
for the purpose of engaging in electronic commerce to acquire a system
approved by the department and the commission and acquire the system by
using the specified catalogue purchase method and obtain a waiver of the
requirements from the department after demonstrating to the department that
the agency will more effectively or efficiently engage in electronic
commerce by using another system.  

SECTION 2.  Amends, Section 2155.385, Government Code, to delete language
authorizing the commission to contract with one or more credit card issuers
for state agencies to use credit cards to pay for purchases only if
authorized by rule adopted by the comptroller.  Authorizes the commission
to contract with one or more credit card issuers to enable state agencies
to use credit cards to pay for purchases and to handle electronic payments
received by the agency for fees, taxes, and sales of goods or services
produced by the agency.  Authorizes the display of the issuers' logos on
agency web sites or other electronic presence as part of the contract.
Prohibits the commission from entering into  a contract that conflicts with
the comptroller's rules under Section 403.023 (Credit and Debit Cards).  

SECTION 3.Effective date: September 1, 1999. 

SECTION 4.Emergency clause.