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.