Bill Text: TX HB4553 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the eligibility of certain entities for services and commodity items provided by the Department of Information Resources and statewide technology centers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-05-27 - Effective on 9/1/23 [HB4553 Detail]

Download: Texas-2023-HB4553-Engrossed.html

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88R21790 YDB-F
By: Longoria H.B. No. 4553

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain entities for services and
commodity items provided by the Department of Information Resources
and statewide technology centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2054, Government Code, is
amended by adding Section 2054.0525 to read as follows:
Sec. 2054.0525. CUSTOMERS ELIGIBLE FOR DEPARTMENT
SERVICES. If the executive director determines that participation
is in the best interest of this state, the following entities are
eligible customers for services the department provides:
(1) a state agency;
(2) a local government;
(3) the legislature or a legislative agency;
(4) the supreme court, the court of criminal appeals,
or a court of appeals;
(5) a public hospital owned or operated by this state
or a political subdivision or municipal corporation of this state,
including a hospital district or hospital authority;
(6) an independent organization certified under
Section 39.151, Utilities Code, for the ERCOT power region;
(7) the Texas Permanent School Fund Corporation;
(8) an assistance organization, as defined by Section
2175.001;
(9) an open-enrollment charter school, as defined by
Section 5.001, Education Code;
(10) a private school, as defined by Section 5.001,
Education Code;
(11) a private or independent institution of higher
education, as defined by Section 61.003, Education Code;
(12) a public safety entity, as defined by 47 U.S.C.
Section 1401;
(13) a volunteer fire department, as defined by
Section 152.001, Tax Code; and
(14) a governmental entity of another state.
SECTION 2. Section 2054.375(1), Government Code, is amended
to read as follows:
(1) "Eligible [Governmental] entity" means an entity
listed in Section 2054.0525 [a state agency or local government].
SECTION 3. Sections 2054.376(a), (a-1), and (b), Government
Code, are amended to read as follows:
(a) This subchapter applies to all information resources
technologies, other than telecommunications services governed by
Chapter 2170 [service, advanced communications services, or
information service, as those terms are defined by 47 U.S.C.
Section 153], that are:
(1) obtained by a state agency using state money; or
(2) used by a participating eligible entity [state
agency; or
[(3) used by a participating local government].
(a-1) Notwithstanding Subsection (a), this subchapter
applies to electronic messaging service and outsourced managed
services that are:
(1) obtained by a state agency using state money; or
(2) used by a participating eligible entity [state
agency; or
[(3) used by a participating local government].
(b) This subchapter does not apply to:
(1) [the Department of Public Safety's use for
criminal justice or homeland security purposes of a federal
database or network;
[(2) a Texas equivalent of a database or network
described by Subdivision (1) that is managed by the Department of
Public Safety;
[(3)] the uniform statewide accounting system, as that
term is used in Subchapter C, Chapter 2101;
(2) [(4)] the state treasury cash and treasury
management system;
(3) [(5)] a database or network managed by the
comptroller to:
(A) collect and process multiple types of taxes
imposed by the state; or
(B) manage or administer fiscal, financial,
revenue, and expenditure activities of the state under Chapter 403
and Chapter 404; or
(4) [(6)] a database or network managed by the
Department of Agriculture.
SECTION 4. Section 2054.3771, Government Code, is amended
to read as follows:
Sec. 2054.3771. ELIGIBLE ENTITIES [LOCAL GOVERNMENTS]. The
department may establish or expand a statewide technology center to
include participation by an eligible entity [a local government].
The executive director and the department have all the powers
necessary or appropriate, consistent with this chapter, to
accomplish that purpose.
SECTION 5. Section 2054.378(a), Government Code, is amended
to read as follows:
(a) The department may operate statewide technology centers
to provide participating eligible [two or more governmental]
entities, on a cost-sharing basis, services relating to:
(1) information resources and information resources
technology; and
(2) the deployment, development, and maintenance of
software applications.
SECTION 6. Section 2054.380(a), Government Code, is amended
to read as follows:
(a) The department shall set and charge a fee to each
participating eligible [governmental] entity that receives a
service from a statewide technology center in an amount sufficient
to cover the direct and indirect cost of providing the service.
SECTION 7. Section 2054.382(a), Government Code, is amended
to read as follows:
(a) The department shall manage the operations of statewide
technology centers that provide data center services or disaster
recovery services for two or more participating eligible entities
[state agencies], including management of the operations of the
center on the campus of Angelo State University.
SECTION 8. The heading to Section 2054.3851, Government
Code, is amended to read as follows:
Sec. 2054.3851. ELIGIBLE ENTITY [LOCAL GOVERNMENT]
PARTICIPATION AND SELECTION.
SECTION 9. Sections 2054.3851(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) An eligible entity listed in Section 2054.0525, other
than a state agency, [A local government] may submit a request to
the department to receive services or operations through a
statewide technology center. The eligible entity [local
government] shall identify its particular requirements, operations
costs, and requested service levels.
(b) On receipt of the request, the department shall conduct
a cost and requirements analysis for the eligible entity [local
government].
(c) If the department selects the eligible entity [local
government] for participation in a statewide technology center, the
department shall provide notice to the eligible entity [local
government] that includes:
(1) the scope of the services to be provided to the
eligible entity [local government];
(2) a schedule of anticipated costs for the eligible
entity [local government]; and
(3) the implementation schedule for the eligible
entity [local government].
(d) If selected to participate in a statewide technology
center, an eligible entity [a local government] may contract with
the department to receive the identified services and have the
identified operations performed through the statewide technology
center.
SECTION 10. Section 2059.001, Government Code, is amended
by adding Subdivision (2-a) and amending Subdivision (4) to read as
follows:
(2-a) "Local government" has the meaning assigned by
Section 2054.003.
(4) "State agency" has the meaning assigned by Section
2054.003 [2151.002].
SECTION 11. Section 2059.058, Government Code, is amended
to read as follows:
Sec. 2059.058. AGREEMENT TO PROVIDE NETWORK SECURITY
SERVICES TO ENTITIES OTHER THAN STATE AGENCIES. [(a) In this
section, a "special district" means:
[(1) a school district;
[(2) a hospital district;
[(3) a water district; or
[(4) a district or special water authority, as defined
by Section 49.001, Water Code.
[(b)] In addition to the department's duty to provide
network security services to state agencies under this chapter, the
department by agreement may provide network security services to:
(1) each house of the legislature and a legislative
agency;
(2) a local government;
(3) the supreme court, the court of criminal appeals,
or a court of appeals;
(4) a public hospital owned or operated by this state
or a political subdivision or municipal corporation of this state,
including a hospital district or hospital authority;
(5) the Texas Permanent School Fund Corporation;
(6) an open-enrollment charter school, as defined by
Section 5.001, Education Code;
(7) a private school, as defined by Section 5.001,
Education Code;
(8) a private or independent institution of higher
education, as defined by Section 61.003, Education Code;
(9) a volunteer fire department, as defined by Section
152.001, Tax Code; and
(10) [an agency that is not a state agency, including a
legislative agency;
[(3) a political subdivision of this state, including
a county, municipality, or special district;
[(4)] an independent organization certified under [,
as defined by] Section 39.151, Utilities Code, for the ERCOT power
region [; and
[(5) a public junior college].
SECTION 12. Section 2059.201, Government Code, is amended
to read as follows:
Sec. 2059.201. ELIGIBLE PARTICIPATING ENTITIES. A state
agency or an entity listed in Section 2059.058 [Sections
2059.058(b)(3)-(5)] is eligible to participate in cybersecurity
support and network security provided by a regional network
security center under this subchapter.
SECTION 13. Section 2157.001, Government Code, is amended
by adding Subdivisions (3) and (4) to read as follows:
(3) "Local government" has the meaning assigned by
Section 2054.003.
(4) "State agency" has the meaning assigned by Section
2054.003.
SECTION 14. Sections 2157.068(a), (d), and (j), Government
Code, are amended to read as follows:
(a) In this section, "commodity items" means commercial
software, hardware, or technology services, other than
telecommunications services, that are generally available to
businesses or the public and for which the department determines
that a reasonable demand exists from an eligible entity, as defined
by Section 2054.375 [two or more customers, including state
agencies and political subdivisions of this state, entities
described by Subsection (j), and governmental entities of another
state], that purchases [purchase] the items through the department.
The term includes seat management, through which an eligible entity
[a customer] transfers its personal computer equipment and service
responsibilities to a private vendor to manage the personal
computing needs for each desktop of the eligible entity [customer],
including all necessary hardware, software, and support services.
(d) The department may charge a reasonable administrative
fee to a state agency, local government [political subdivision of
this state], or governmental entity of another state that purchases
commodity items through the department in an amount that is
sufficient to recover costs associated with the administration of
this section. Revenue derived from the collection of fees imposed
under this subsection may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing shared information resources technology
services under Chapter 2054.
(j) An eligible entity, as defined by Section 2054.375, [The
following entities] may purchase commodity items through the
department, and be charged a reasonable administrative fee, as
provided by this section[:
[(1) the Electric Reliability Council of Texas;
[(2) the Lower Colorado River Authority;
[(3) a private school, as defined by Section 5.001,
Education Code;
[(4) a private or independent institution of higher
education, as defined by Section 61.003, Education Code;
[(5) a volunteer fire department, as defined by
Section 152.001, Tax Code;
[(6) subject to Section 418.193, a public safety
entity, as defined by 47 U.S.C. Section 1401;
[(7) subject to Section 418.193, a county hospital,
public hospital, or hospital district; or
[(8) the Texas Permanent School Fund Corporation, if
incorporated under Section 43.052, Education Code].
SECTION 15. Section 2170.001(a), Government Code, is
amended by adding Subdivision (4) to read as follows:
(4) "State agency" has the meaning assigned by Section
2054.003.
SECTION 16. Section 2170.004, Government Code, is amended
to read as follows:
Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
AGENCIES. The department may contract for use of the consolidated
telecommunications system with:
(1) each house of the legislature;
(2) a legislative agency;
(3) the supreme court, the court of criminal appeals,
or a court of appeals;
(4) a state governmental entity other than [an agency
that is not] a state agency [as defined by Section 2151.002];
(5) a local government, as defined by Section 2054.003
[(4) a political subdivision, including a county, municipality,
or district];
(6) [(5)] a private institution of higher education
[accredited by a recognized accrediting agency], as defined by
Section 61.003, Education Code[, that:
[(A) engages in distance learning, as defined by
Section 57.021, Utilities Code; and
[(B) receives federal funds for distance
learning initiatives];
(7) [(6)] an assistance organization, as defined by
Section 2175.001;
(8) [(7) subject to Section 418.194,] a public safety
entity, as defined by 47 U.S.C. Section 1401;
(9) [and
[(8) subject to Section 418.194,] a governmental
entity of another state;
(10) a public hospital owned or operated by this state
or a political subdivision or municipal corporation of this state,
including a hospital district or hospital authority;
(11) an independent organization certified under
Section 39.151, Utilities Code, for the ERCOT power region;
(12) the Texas Permanent School Fund Corporation;
(13) an open-enrollment charter school, as defined by
Section 5.001, Education Code;
(14) a private school, as defined by Section 5.001,
Education Code;
(15) a private or independent institution of higher
education, as defined by Section 61.003, Education Code; and
(16) a volunteer fire department, as defined by
Section 152.001, Tax Code.
SECTION 17. Sections 418.193 and 418.194, Government Code,
are repealed.
SECTION 18. This Act takes effect September 1, 2023.