Bill Text: TX HB2459 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to oversight of and requirements applicable to information resources technology procurement by state agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-08 - No action taken in committee [HB2459 Detail]
Download: Texas-2019-HB2459-Introduced.html
86R10257 MTB-F | ||
By: Capriglione | H.B. No. 2459 |
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relating to oversight of and requirements applicable to information | ||
resources technology procurement by state agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2054.003(10), Government Code, is | ||
amended to read as follows: | ||
(10) "Major information resources project" means: | ||
(A) any information resources technology project | ||
identified in a state agency's biennial operating plan whose | ||
development costs exceed $5 [ |
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(i) requires one year or longer to reach | ||
operations status; | ||
(ii) involves more than one state agency; | ||
or | ||
(iii) substantially alters work methods of | ||
state agency personnel or the delivery of services to clients; and | ||
(B) any information resources technology project | ||
designated by the legislature in the General Appropriations Act as | ||
a major information resources project. | ||
SECTION 2. Section 2054.055(b), Government Code, is amended | ||
to read as follows: | ||
(b) The report must: | ||
(1) assess the progress made toward meeting the goals | ||
and objectives of the state strategic plan for information | ||
resources management; | ||
(2) describe major accomplishments of the state or a | ||
specific state agency in information resources management; | ||
(3) describe major problems in information resources | ||
management confronting the state or a specific state agency; | ||
(4) provide a summary of the total expenditures for | ||
information resources and information resources technologies by | ||
the state; | ||
(5) make recommendations for improving the | ||
effectiveness and cost-efficiency of the state's use of information | ||
resources; | ||
(6) describe the status, progress, benefits, and | ||
efficiency gains of the state electronic Internet portal project, | ||
including any significant issues regarding contract performance; | ||
(7) provide a financial summary of the state | ||
electronic Internet portal project, including project costs and | ||
revenues; | ||
(8) provide a summary of the amount and use of | ||
Internet-based training conducted by each state agency and | ||
institution of higher education; | ||
(9) provide a summary of agency and statewide results | ||
in providing access to electronic and information resources to | ||
individuals with disabilities as required by Subchapter M; | ||
(10) assess the progress made toward accomplishing the | ||
goals of the plan for a state telecommunications network and | ||
developing a system of telecommunications services as provided by | ||
Subchapter H; and | ||
(11) identify proposed major information resources | ||
projects for the next state fiscal biennium, including project | ||
costs through stages of the project and across state fiscal years | ||
from project initiation to implementation[ |
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SECTION 3. Section 2054.1181, Government Code, is amended | ||
by amending Subsection (b) and adding Subsection (j) to read as | ||
follows: | ||
(b) In performing its duties under this section, the | ||
department shall: | ||
(1) develop policies for the additional oversight of | ||
projects required by Subsection (a); | ||
(2) implement project management standards; | ||
(3) use effective risk management strategies; | ||
(4) establish standards that promote the ability of | ||
information resources systems to operate with each other; and | ||
(5) use industry best practices and process | ||
reengineering when feasible. | ||
(j) A state agency may not amend a contract subject to | ||
review under Section 2054.158(b)(4) if the contract is at least 10 | ||
percent over budget or the associated major information resources | ||
project is at least 10 percent behind schedule unless the agency: | ||
(1) conducts a cost-benefit analysis with respect to | ||
canceling or continuing the project; and | ||
(2) submits the analysis described by Subdivision (1) | ||
to the quality assurance team. | ||
SECTION 4. Section 2054.158, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(b) The quality assurance team shall: | ||
(1) develop and recommend policies and procedures to | ||
improve the development, implementation, and return on investment | ||
for state agency information resources technology projects; | ||
(2) except as provided by Subsection (e), review a | ||
state agency's business case prepared for a major information | ||
resources project under Section 2054.303 and make recommendations | ||
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the project [ |
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(3) provide annual training for state agency | ||
procurement and contract management staff on best practices and | ||
methodologies for information technology contracts; | ||
(4) review and provide recommendations on the final | ||
negotiated terms of a contract for the development or | ||
implementation of a major information resources project with a | ||
value of at least $10 million; and | ||
(5) provide a report to the governor, lieutenant | ||
governor, speaker of the house of representatives, and presiding | ||
officer of the standing committee of each house of the legislature | ||
with primary jurisdiction over appropriations by December 1 of each | ||
even-numbered year that includes: | ||
(A) the performance indicator report required by | ||
Section 2054.159(a); | ||
(B) a summary of any major issues identified in | ||
state agency reports submitted under Section 2054.159(f); | ||
(C) an appendix containing any justifications | ||
submitted to the quality assurance team under Section 2054.160(d); | ||
and | ||
(D) any additional information considered | ||
appropriate by the quality assurance team. | ||
(d) The comptroller by rule shall develop guidelines for the | ||
additional or reduced monitoring of major information resources | ||
projects and associated contracts of state agencies based on the | ||
risk criteria developed under Section 2155.091(f). | ||
(e) The quality assurance team may waive the review | ||
authorized by Subsection (b)(2) for a project that the team | ||
determines to be low risk. | ||
SECTION 5. Section 2054.159, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (f) and (g) to read | ||
as follows: | ||
(b) The department by rule shall develop the performance | ||
indicators the quality assurance team is required to monitor under | ||
Subsection (a) and obtain the approval of each member of the quality | ||
assurance team for the performance indicators. In adopting rules | ||
under this subsection, the department shall consider applicable | ||
information technology industry standards. | ||
(f) For each major information resources project, a state | ||
agency shall provide the quality assurance team any verification | ||
and validation report or quality assurance report related to the | ||
project not later than the 10th day after the date the agency | ||
receives a request for the report. | ||
(g) The quality assurance team may request any information | ||
necessary to determine a major information resources project's | ||
potential risk. | ||
SECTION 6. Subchapter G, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.160 to read as follows: | ||
Sec. 2054.160. REVIEW OF CONTRACT FOR MAJOR INFORMATION | ||
RESOURCES PROJECT. (a) For each contract for the development or | ||
implementation of a major information resources project with a | ||
value of at least $10 million, a state agency shall: | ||
(1) submit the proposed terms of the contract to the | ||
quality assurance team before the start of negotiations; and | ||
(2) submit the final negotiated unsigned contract to | ||
the quality assurance team for review under Section 2054.158(b)(4). | ||
(b) After the quality assurance team makes a recommendation | ||
under Section 2054.158(b)(4), a state agency shall: | ||
(1) comply with the recommendation; or | ||
(2) submit to the quality assurance team a written | ||
explanation regarding why the recommendation is not applicable to | ||
the contract under review. | ||
(c) Before amending a contract related to a major | ||
information resources project, a state agency must notify the | ||
governor, lieutenant governor, speaker of the house of | ||
representatives, presiding officer of the standing committee of | ||
each house of the legislature with primary jurisdiction over | ||
appropriations, and quality assurance team if: | ||
(1) the total value of the amended contract exceeds or | ||
will exceed the initial contract value by 25 percent or more; or | ||
(2) the amendment requires the contractor to provide | ||
consultative services, technical expertise, or other assistance in | ||
defining project scope or deliverables. | ||
(d) A state agency shall provide to the quality assurance | ||
team a justification for an amendment subject to Subsection (c). | ||
SECTION 7. Section 2054.301, Government Code, is amended to | ||
read as follows: | ||
Sec. 2054.301. APPLICABILITY[ |
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subchapter applies only to[ |
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SECTION 8. Section 2054.302, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The department[ |
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guidelines and forms for the documents required by this subchapter. | ||
(d) The guidelines and forms developed under Subsection (b) | ||
must be approved by each member of the quality assurance team. | ||
SECTION 9. Section 2054.303, Government Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (d) to read | ||
as follows: | ||
(a) For each proposed major information resources project | ||
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(1) a business case providing the initial | ||
justification for the project [ |
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(2) if the state agency meets the low risk criteria | ||
developed under Section 2155.091(f): | ||
(A) a statewide impact analysis of the project's | ||
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infrastructure[ |
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(B) [ |
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technical architectural assessment of the project, if requested by | ||
the quality assurance team [ |
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(c) The department shall use the analysis to ensure that the | ||
proposed project [ |
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duplicate existing statewide information resources technology. | ||
(d) After the quality assurance team makes a recommendation | ||
relating to a business case under Section 2054.158(b)(2), a state | ||
agency shall: | ||
(1) comply with the recommendation; or | ||
(2) submit to the quality assurance team a written | ||
explanation regarding why the recommendation is not applicable to | ||
the project under review. | ||
SECTION 10. Sections 2054.304(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) A state agency shall develop a project plan for each | ||
major information resources project [ |
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(b) The [ |
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agency must file the project plan with the quality assurance team | ||
and the department before the agency[ |
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for the project [ |
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SECTION 11. Section 2054.305, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.305. PROCUREMENT PLAN AND METHOD FOR MONITORING | ||
CONTRACTS. Before issuing a [ |
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the state agency must develop, consistent with any acquisition plan | ||
provided in the guide developed under Section 2262.051 [ |
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(1) a procurement plan with anticipated service levels | ||
and performance standards for each contractor [ |
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(2) a method to monitor changes to the scope of each | ||
contract. | ||
SECTION 12. Section 2054.307, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.307. APPROVAL OF DOCUMENTS AND CONTRACT CHANGES. | ||
(a) A state agency's executive director, or the executive | ||
director's designee, [ |
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(1) each document required by this subchapter; and | ||
(2) if the department requires the approval [ |
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(b) The state agency's executive director must approve a | ||
proposed contract amendment or change order for a major information | ||
resources project if the amendment or change order: | ||
(1) changes the monetary value of the contract by more | ||
than 25 [ |
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(2) significantly changes the completion date of the | ||
contract. | ||
SECTION 13. Section 2155.091, Government Code, is amended | ||
by adding Subsection (f) to read as follows: | ||
(f) The chief procurement officer, in coordination with the | ||
Contract Advisory Team created under Section 2262.101 and the | ||
quality assurance team created under Section 2054.158, | ||
shall develop criteria for the assessment of a state agency as | ||
"high risk," "standard risk," or "low risk" in relation to major | ||
information resources projects and associated contracts. In this | ||
subsection, "major information resources project" has the meaning | ||
assigned by Section 2054.003. | ||
SECTION 14. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 2054.1181(f); | ||
(2) Sections 2054.1183 and 2054.1184; | ||
(3) Sections 2054.159(c) and (d); and | ||
(4) Section 2054.304(c). | ||
SECTION 15. As soon as practicable after the effective date | ||
of this Act, the comptroller of public accounts, the Department of | ||
Information Resources, and each affected state agency as necessary, | ||
shall adopt the rules, processes, and procedures and take the | ||
actions necessary to implement the changes in law made by this Act. | ||
SECTION 16. This Act applies only in relation to a contract: | ||
(1) for which a state agency first advertises or | ||
otherwise solicits bids, proposals, offers, or qualifications on or | ||
after the effective date of this Act; | ||
(2) that is extended or modified on or after the | ||
effective date of this Act; or | ||
(3) for which a change order is submitted on or after | ||
the effective date of this Act. | ||
SECTION 17. This Act takes effect September 1, 2019. |