86R11803 TSR-D
	By: Guillen	H.B. No. 2476

	A BILL TO BE ENTITLED
	AN ACT
	relating to the operations, communications, and notice procedures
	of state agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 441, Government Code, is
	amended by adding Section 441.0135 to read as follows:
	Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
	1 of each odd-numbered year, the commission shall submit to the
	governor and the Legislative Budget Board a written report
	regarding all statutorily required reports prepared by and
	submitted to a state agency as defined by Section 441.180. The
	commission may consult with other state agencies in preparing the
	report. A state agency shall cooperate with the commission in
	securing the information necessary to prepare the report. The
	commission shall prescribe the method by which a state agency
	transmits to the commission information necessary to prepare the
	report, and may require the information to be submitted using the
	state electronic Internet portal. The report must include for each
	statutorily required report:
	(1)  the title of and the agency preparing the report;
	(2)  the statutory authority requiring the report;
	(3)  the recipient of the report;
	(4)  the deadline for submitting the report;
	(5)  a brief description of the report; and
	(6)  an assessment from each recipient of the report
	whether the report is necessary.
	(b)  The report required by Subsection (a) must be:
	(1)  made available to the public; and
	(2)  indexed by preparing agency, title of report, and
	report recipient.
	SECTION 2.  Section 2001.026, Government Code, is amended to
	read as follows:
	Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE
	OF PROPOSED RULES. A state agency shall provide [mail] notice of a
	proposed rule to each person who has made a timely written request
	of the agency for advance notice of its rulemaking proceedings. The
	agency may provide the notice by e-mail if the person requests
	electronic delivery of the notice and includes an e-mail address in
	the person's written request submitted to the agency. Failure to
	provide [mail] the notice does not invalidate an action taken or
	rule adopted.
	SECTION 3.  Chapter 2052, Government Code, is amended by
	adding Subchapter E to read as follows:
	SUBCHAPTER E. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS
	Sec. 2052.401.  DEFINITION. In this subchapter, "state
	agency" means a department, commission, board, office, council,
	authority, or other agency that is in the executive, legislative,
	or judicial branch of state government and that is created by the
	constitution or a statute of this state, including a university
	system or institution of higher education as defined by Section
	61.003, Education Code.
	Sec. 2052.402.  TRANSMISSION AND RECEIPT OF DOCUMENTS. (a)
	A state agency may transmit and receive state documents in a format
	prescribed by the agency and in any manner that the agency
	determines will increase agency efficiency without compromising
	the delivery of the agency's program to the public.
	(b)  A state agency that transmits and receives state
	documents using the Internet or another electronic medium shall by
	rule develop electronic communication procedures for the agency.
	(c)  Notwithstanding Subsection (a), a state agency may
	continue to use established procedures prescribed by state law or
	agency policy for the transmission and receipt of documents,
	including the delivery of certain publications that exist in
	physical format to a depository library as required by Section
	441.103.
	(d)  This section does not authorize the electronic
	transmission or receipt of documents that are prohibited from being
	electronically transmitted or received under federal law.
	(e)  To the extent of any conflict, this section prevails
	over any other state law relating to the transmission and receipt of
	state agency documents.
	(f)  A state agency shall include in the agency's legislative
	appropriations request submitted to the Legislative Budget Board
	for the state fiscal biennium beginning September 1, 2021, a report
	on any cost savings or achievements in efficiency recognized from
	implementing a change in the agency's procedures for the
	transmission and receipt of state documents during the state fiscal
	biennium ending August 31, 2021. This subsection expires September
	1, 2022.
	SECTION 4.  Subchapter F, Chapter 2054, Government Code, is
	amended by adding Section 2054.1116 to read as follows:
	Sec. 2054.1116.  USE OF STATE ELECTRONIC INTERNET PORTAL FOR
	CERTAIN REPORTS. (a) To the extent a report prepared by a state
	agency is not confidential or excepted from the requirements of
	Section 552.021, the agency shall use the state electronic Internet
	portal to submit or post the report if the report is required by a
	statute, rule, or rider in the General Appropriations Act to be
	submitted to:
	(1)  the governor;
	(2)  a member, agency, or committee of the legislature;
	(3)  another state agency; or
	(4)  the public.
	(b)  The department shall collaborate with the Texas State
	Library and Archives Commission to develop and provide to each
	state agency guidelines that assist the agency in determining:
	(1)  the reports prepared by the agency that are
	appropriate for submission through the state electronic Internet
	portal; and
	(2)  the retention requirements for those reports.
	(c)  The Texas State Library and Archives Commission shall
	monitor the effectiveness of state agency use of the state
	electronic Internet portal for the purposes provided under this
	section.
	(d)  A state agency that posts a report using the state
	electronic Internet portal satisfies any requirement in state law
	that the agency post the report on the agency's Internet website if
	the agency posts a direct link to the state electronic Internet
	portal on the agency's Internet website.
	SECTION 5.  Subchapter A, Chapter 2176, Government Code, is
	amended by adding Section 2176.007 to read as follows:
	Sec. 2176.007.  COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
	The comptroller shall conduct a study on the mail operations of each
	state agency in the executive branch of state government that
	receives an appropriation. The study must identify provisions of
	law relating to the mailing requirements for the agency that impede
	the efficient transmission and receipt of documents by the agency.
	(b)  In conducting the study, the comptroller shall
	collaborate with other state agencies to consider the needs or
	concerns specific to those agencies.
	(c)  Not later than November 1, 2020, the comptroller shall
	post the findings of the study conducted under this section on the
	comptroller's Internet website.
	(d)  This section expires September 1, 2021.
	SECTION 6.  Section 243.015, Health and Safety Code, is
	amended by amending Subsection (e) and adding Subsections (e-1) and
	(e-2) to read as follows:
	(e)  If the department initially determines that a violation
	occurred, the department shall give written notice of the report
	[by certified mail] to the person. Notwithstanding any other law,
	the notice may be provided by any certified delivery method,
	including certified mail or certified e-mail.
	(e-1)  If the notice under Subsection (e) is sent by
	certified e-mail:
	(1)  it must be sent to the person's last known e-mail
	address as provided by the person to the department; and
	(2)  the department shall maintain proof that the
	notice was sent.
	(e-2)  For purposes of Subsection (e), a person's provision
	of an e-mail address to the department is considered consent to
	electronically deliver notices and correspondence to the person.
	SECTION 7.  Section 11.082(a), Natural Resources Code, is
	amended to read as follows:
	(a)  A state agency or political subdivision may not formally
	take any action that may affect state land dedicated to the
	permanent school fund without first giving notice of the action to
	the board. Notice of the proposed action shall be delivered [by
	certified mail, return receipt requested, addressed to the deputy
	commissioner of the asset management division of the General Land
	Office] on or before the state agency's or political subdivision's
	formal initiation of the action by:
	(1)  certified mail, return receipt requested,
	addressed to the deputy commissioner of the asset management
	division of the General Land Office; or
	(2)  certified e-mail to an e-mail address specified by
	the deputy commissioner for the purpose of receiving the notice.
	SECTION 8.  A state agency is not required to comply with
	Section 2054.1116, Government Code, as added by this Act, until the
	Department of Information Resources notifies the agency that the
	state electronic Internet portal project is configured to allow
	compliance by the agency with that section.
	SECTION 9.  The changes in law made by this Act relating to
	the method of delivery or submission of a notice or report apply
	only to a notice or report that is required to be delivered or
	submitted on or after the effective date of this Act.  A notice or
	report required to be delivered or submitted before the effective
	date of this Act is governed by the law in effect on the date the
	notice or report was required to be delivered or submitted, and the
	former law is continued in effect for that purpose.
	SECTION 10.  This Act takes effect September 1, 2019.