HBA-BSM S.B. 187 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 187 By: Shapleigh State Affairs 4/6/2001 Committee Report (Amended) BACKGROUND AND PURPOSE The 76th Legislature authorized the Electronic Government Task Force to create the TexasOnline Internet portal to provide a single point of access to electronic government services in Texas for citizens and businesses. Through TexasOnline, Texas citizens have online access to such services as the Texas Tomorrow Fund and online applications for Texas public universities. In addition, residents of certain counties may renew their vehicle registration. Many Texas businesses also have online access to filing and payment of sales taxes, license renewal, and Texas Natural Resource Conservation Commission event registration. TexasOnline continues to work with state and local governments to add services for people and businesses in Texas. Senate Bill 187 creates the TexasOnline Authority to implement the TexasOnline project as a continuation and expansion of the services provided by the TexasOnline Internet portal. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the TexasOnline Authority and the governing board of the Department of Information Resources in SECTION 1 (Section 2054.262, Government Code) of this bill. ANALYSIS Senate Bill 187 amends the Government Code to create the TexasOnline Authority consisting of 15 members (Sec. 2054.253). The bill requires the TexasOnline Authority (authority) to implement a project designated as TexasOnline (project) that establishes a common electronic system using the Internet through which state agencies and local governments may electronically: _send and receive documents or required payments to and from members of the public, persons who are regulated by a state agency or local government, and the agencies and local governments; _receive applications for licenses and permits and other documents for filing from members of the public and persons who are regulated by a state agency or local government that when secure access is necessary can be electronically validated by the agency, local government, member of the public, or regulated person; and _provide and receive any other service to and from the agencies and local governments or the public. (Sec. 2054.252). This project is a continuation and expansion of the demonstration project on electronic transactions between state or local government and members of the public (SECTION 4). The bill establishes the composition of the authority, sets forth the terms of authority membership, and provides that the member of the authority representing the Department of Information Resources (department) is the presiding officer (Secs. 2054.253 - 2054.255). The bill also requires the officers and other entities responsible for making appointments to make their initial appointments not later than October 31, 2001, and requires the governor to designate the initial terms of all appointees so that members terms expire on certain dates. The bill sets forth provisions regarding the first meeting and meeting schedule of the authority, reimbursement of expenses, and training for members of the authority (Secs. 2054.256 - 2054.258, and SECTION 5). S.B. 187 sets forth the reporting requirements for and the general powers and duties of the authority (Sec. 2054.259 and 2054.260). The bill establishes provisions requiring the authority to assist and coordinate with other governmental entities regarding the project and electronic government initiatives (Sec. 2054.261). The bill requires the authority to prepare rules regarding operation of the project for consideration by the governing board of the department (board) and authorizes the board to adopt such rules (Sec. 2054.262). The bill requires the authority to adopt an icon, symbol, brand, seal, or other identifying device to represent the project, and authorizes the authority to request and accept a gift, donation, or grant from any person (Secs. 2054.263 and 2054.266). S.B. 187 requires the department to create a division in the department to assist the authority in implementing its powers and duties (Sec. 2054.264). The bill requires the authority to develop and implement policies that clearly separate the policymaking responsibilities of the authority and the management responsibilities of the division (Sec. 2054.265). S.B. 187 requires a state agency to consider using the project for agency services provided on the Internet, and sets forth provisions regarding the services to be included. The bill requires a state agency that chooses to use the project to comply with the rules adopted by the department. If a state agency chooses not to use the project, the bill provides that the agency must provide documentation to the authority that shows the services and security required by the agency. The bill authorizes a state agency or local government that uses the project to charge a fee to recover the actual costs reasonably incurred by the entity because of the project (Sec. 2054.111). The bill also requires each state agency to review its requirements for forms, data collection, and notarization when planning to deliver a service through the Internet, to determine if the information is necessary and to determine the appropriate level of authentication (Sec. 2054.112). The bill also extends from September 1, 2001 to November 1, 2001 the abolishment date for the task force assessing the feasibility of certain electronic transactions between state or local government and members of the public (Sec. 2054.062). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 authorizes the TexasOnline Authority (authority) to request and accept a donation or grant from any person for use by the authority in implementing or managing the project. Committee Amendment No. 2 specifies that one of the representatives of local governments appointed by the governor to be a member of the authority must be from a junior college district. It also specifies that one of the business, state agency, and public representatives must be from a rural area.