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.