HBA-DMD H.B. 2283 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2283 By: Maxey State Affairs 3/26/1999 Introduced BACKGROUND AND PURPOSE Currently, when citizens attempt to obtain information from state agencies they are often unaware of which agency to contact in order to obtain the information they need. Since state agencies may not be familiar with the information maintained by other state agencies, they are unable to direct the information requests. H.B. 2283 requires the General Services Commission (commission) to staff and operate an information center (center) for state government, which will be operated 24 hours a day and be accessible by a toll-free telephone number, to accept calls pertaining to information requests. This bill requires the commission to train and employ staff to work at the center and to establish an information database to be used by the center. It requires the commission to establish an Internet site which enables the public to access the center's database. H.B. 2283 establishes an independent Access Texas policy board (board) which is required to establish policy for the development and operation of the center, the electronic database, and the Internet site. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Independent Access Texas Policy Board in SECTION 1 (Section 2170.102, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 2170, Government Code, by adding Subchapter C, as follows: SUBCHAPTER C. ACCESS TEXAS INFORMATION CENTER Sec. 2170.101. INFORMATION CENTER. Requires the General Services Commission (commission) to staff and operate an information center (center) for state government which is in addition to and does not supplant information centers operated by other state governmental entities. (b) Requires the center to establish and the commission to widely publicize a toll-free telephone number to receive public inquiries. (c) Requires the center to remain open continuously to accept telephone calls. Specifies requirements for the center when answering telephone calls. (d) Requires the commission to establish, maintain, and keep current an electronic database and to train employees of the center to use the electronic database in performing their duties. Specifies the provisions for the database. (e) Requires the commission to establish and maintain a generally accessible Internet site through which members of the public may, to the extent practical, access information in the center's electronic database. (f) Authorizes the commission to recover the costs of developing and operating the center through interagency contracts. Authorizes the commission, after August 31, 2001, to recover the costs of operating the center by charging state governmental entities a fee based on the amount of services the center provides to the public on behalf of that entity, provided that the commission does not receive a direct appropriation to operate the center. Sec. 2170.102. INDEPENDENT POLICY BOARD; COMPOSITION, POWERS, AND DUTIES. (a) Sets forth that the commission administers the center and employs the staff of the center and that policy for the center is established by an independent Access Texas policy board (board). (b) Sets forth the composition of the board. (c) Sets forth the terms for members of the board. Authorizes the governor to appoint additional nonvoting advisory members to the board to serve at the will of the governor if the governor considers that the nonvoting advisory members possess expertise or represent a viewpoint that will benefit the board. (d) Authorizes the board to accept gifts and grants for purposes related to the development or operation of the center. (e) Requires the board, by rule, to establish policy for the development and operation of the information center, of the electronic database, and of the Internet site. Requires the commission to provide the board with access to all information relating to the development and operation of the center, electronic database, and Internet site. (f) Requires the board to establish standards for evaluating the development and operation of the center, electronic database, and Internet site based on standards for similar activities in the private sector. Sec. 2170.103. BOARD PROCEDURES AND OPERATIONS. (a) Sets forth standard Sunset language regarding designation of the presiding officer by the governor. (b) Requires the board to meet at the call of the presiding officer or as provided by procedural rules adopted by the board. (c) Subjects the board to the Open Meetings Law, the Open Records Law, and the Administrative Procedure Law, (Chapters 551, 552, and 2001, Government Code). Requires the executive director and staff of the commission under the direction of the board to perform the ministerial duties required for compliance with those laws. Sets forth that the board is not an advisory committee. (d) Sets forth that ex officio members of the board receive no additional compensation for service on the board, and service on the board is considered a duty of their underlying state office or employment for purposes that include receiving reimbursement for expenses related to service on the board. Provides that voting and nonvoting members of the board appointed by the governor are not entitled to compensation for service on the board but are entitled to reimbursement for actual and necessary expenses incurred in the performance of duties as a member of the board, subject to any applicable limitation on reimbursement prescribed by the General Appropriations Act. Authorizes the board to receive an appropriation for its expenses, including for the reimbursement of the actual and necessary expenses of the members appointed by the governor. (e) Authorizes a state office or agency that is represented on the board to allow its employees to assist the commission in the administration and operation of the center and to assist the board in the performance of the board's duties. Sec. 2170.104. COORDINATION WITH OTHER STATE AGENCIES. (a) Requires the commission to ensure that other state agencies have access to the electronic database. (b) Requires the center and other state agencies to enter into agreements as appropriate to assist one another by receiving and processing telephone calls and for the telecommunications systems and the electronically accessible information to be linked to make these agreements possible. SECTION 2. Prohibits the commission, for the state fiscal biennium ending August 31, 2001, from receiving a direct appropriation for the development and operation of the center. Requires each of the 25 largest state agencies, during that state fiscal biennium, as determined by the amount of appropriations to the agencies for the biennium under the General Appropriations Act, that are in the executive branch of state government and that are not agencies or institutions of higher education, to enter into interagency contracts with the commission under which those agencies will pay the commission for the development and operation of the center during the biennium. Requires each of those agencies to pay the percentage of the costs of developing and operating the center during the biennium that is equal to the percentage obtained by dividing the agency's appropriation for the biennium by the sum of the 25 agencies' appropriations for the biennium. SECTION 3. (a) Sets forth the time period during which the governor is required to appoint voting members to the board. (b) Sets forth the first meeting date for the board and the procedures necessary for the board to hold its first meeting. (c) Sets forth a time period during which the electronic database, the Internet site, equipment and software, and the center's toll free telephone number in local telephone directories are required to be installed and operational. (d) Requires the center to begin operations with 33 full-time employees. SECTION 4.Emergency clause. Effective date: upon passage.