HBA-DMD C.S.S.B. 801 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 801
By: Ellis
State Affairs
4/28/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1997, the legislature instructed the Department of Information Resources
(department) to develop a biennial state strategic plan for overseeing
technological developments, including the use of technology to improve
access to public information. C.S.S.B. 801 requires a state agency to make
available through a generally accessible Internet site (site) the text of
its rules and any material, such as a letter, opinion, or compliance manual
that explains or interprets one or more if its rules and that the agency
has issued for general distribution to persons affected by one or more of
its rules. In addition, the state agency is required to design its site to
allow a member of the public to submit questions about the agency's rules
electronically and receive the responses electronically, and to conforms to
generally acceptable standards for Internet accessibility for people with
disabilities. 

This bill also requires all state agencies that maintain a site to
cooperate to facilitate useful electronic links among the sites.
Additionally, it requires each state agency that maintains a generally
accessible Internet site to establish the site so that the site can be
located easily through electronic means. 

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 through a
generally accessible Internet site (site) the text of its rules and any
material, such as a letter, opinion, or compliance manual that explains or
interprets one or more if its rules and that the agency has issued for
general distribution to persons affected by one or more of its rules. 

(b) Requires a state agency to design its site to allow a member of the
public to submit questions about the agency's rules electronically and
receive the responses electronically. Requires a state agency, if it uses
more than one site to post its rules and explanatory and interpretative
material, to design the sites in accordance with this subsection. 

(c) Require a state agency to design a site that conforms to 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 agency, such as the secretary of state, on the agency's
behalf. 

SECTION 2. Amends Section 2054.096, Government Code, to provide that a
state agency that receives information from members of the public or from
regulated persons by a form or that receives money from members of the
public or from regulated person, must also include in its strategic plan a
plan for receiving the forms or payments through the Internet.  Requires
the Department of Information Resources (department) to assist state
agencies in developing this portion  of the strategic plan which must
include security measures approved by the department, performance measures,
and a timetable for implementation. 

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 that maintain a site to cooperate to facilitate useful electronic
links among the sites. Requires state agencies to attempt to link their
sites in such a manner that different sites from which persons can be
expected to need information concurrently are linked. Requires each state
agency that maintains a site to establish the site so that the site can be
located easily through electronic means. Requires  the department on
request to assist an agency to comply with this section. 

SECTION 4. Requires state agencies to phase in the changes in the law made
by this Act regarding 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

C.S.S.B. 801 differs from the original bill in SECTION 1 (proposed Section
2001.006(a), Government Code) by specifying that a state agency is required
to make available the text of its rules, rather than its rules, and that
the agency is required to make available any material, such as a letter,
opinion, or compliance manual, rather than selected written letters,
opinions, or other statements.  In addition, the substitute adds the
condition that the material required to be made available through a
generally accessible Internet site (site) is material that has been issued
by the agency for general distribution to persons affected by one or more
of the agency's rules, in addition to the condition that the material
explain or interpret one or more of the agency's rules.  The substitute
also makes nonsubstantive changes to the format of the statutory language. 

The substitute differs from the original bill by redesignating proposed
Section 2001.006(b) of the original to Section 2001.006(d). 

In new Section 2001.006(b), the substitute requires a state agency to
design its site to allow a member of the public to submit questions about
the agency's rules electronically and receive the responses electronically,
and requires a state agency, if it uses more than one site to post its
rules and explanatory and interpretative material, to design the sites in
accordance with proposed Section 2001.006(b). 

The substitute differs from the original by adding Section 2001.006(c) to
require a state agency to design a site that conforms to generally
acceptable standards for Internet accessibility for people with
disabilities. 

C.S.S.B. 801 differs from the original bill in SECTION 2 (proposed Section
2054.096(b), Government Code) by removing other electronic means as an
option for the receipt of form or payments by a state agency, as set out in
a state agency's strategic plan.  In addition, the substitute provides that
appropriate security measures included in the plan are to be approved by
the Department of Information Resources (department), rather than are to
follow guidelines established by the department.