Bill Text: TX SB800 | 2021-2022 | 87th Legislature | Comm Sub

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

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Bill Title: Relating to certain required reports or information received or prepared by state agencies and other governmental entities.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB800 Detail]

Download: Texas-2021-SB800-Comm_Sub.html

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By: Nelson S.B. No. 800
(In the Senate - Filed February 24, 2021; March 11, 2021,
read first time and referred to Committee on Finance;
April 1, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 15, Nays 0; April 1, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 800 By: Nelson

A BILL TO BE ENTITLED
AN ACT
relating to certain required reports or information received or
prepared by state agencies and other governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.305(b), Code of Criminal Procedure, is
amended to read as follows:
(b) An entity described by Subsection (a) that investigates
the alleged commission of an offense under Chapter 20A, Penal Code,
or the alleged commission of an offense under Chapter 43, Penal
Code, which may involve human trafficking, shall submit a monthly
report on the offenses investigated in the previous month to the
attorney general containing the following information:
(1) the offense being investigated, including a brief
description of the alleged prohibited conduct;
(2) regarding each person suspected of committing the
offense and each victim of the offense:
(A) the person's:
(i) age;
(ii) gender; and
(iii) race or ethnicity, as defined by
Article 2.132; and
(B) the case number associated with the offense
and the person suspected of committing the offense;
(3) the date, time, and location of the alleged
offense;
(4) the type of human trafficking involved, including:
(A) forced labor or services, as defined by
Section 20A.01, Penal Code;
(B) causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
20A.02(a)(3), Penal Code; or
(C) causing a child victim by any means to engage
in, or become the victim of, prohibited conduct involving one or
more sexual activities, including conduct described by Section
20A.02(a)(7), Penal Code;
(5) if available, information regarding any victims'
service organization or program to which the victim was referred as
part of the investigation; and
(6) the disposition of the investigation, if any,
regardless of the manner of disposition.
SECTION 2. Sections 403.0147(b) and (c), Government Code,
are amended to read as follows:
(b) Not later than December 31 of each even-numbered year,
the comptroller shall submit a report to the legislature that
identifies for each state agency:
(1) each program the state agency is statutorily
required to implement for which no appropriation was made for the
preceding state fiscal year, along with a citation to the law
imposing the requirement; and
(2) the amount and source of money the state agency
spent, if any, to implement any portion of the program described by
Subdivision (1) during the preceding state fiscal year.
(c) A state agency shall provide to the comptroller not
later than September 30 of each even-numbered year information
necessary for the comptroller to prepare the report required by
this section. The comptroller may prescribe the form and content of
the information a state agency must provide.
SECTION 3. Section 404.094(a), Government Code, is amended
to read as follows:
(a) Fees, fines, penalties, taxes, charges, gifts, grants,
donations, and other funds collected or received by a state agency
under law shall be deposited in the treasury, credited to a special
fund or funds, and subject to appropriation only for the purposes
for which they are otherwise authorized to be expended or
disbursed. A deposit shall be made at the earliest possible time
that the treasury can accept those funds, but not later than the
third business day after the date of receipt. However, if an agency
determines that for seasonal or other extraordinary reasons
deposits cannot be made by the third business day after the date of
receipt, the agency shall provide written notice of the
determination to the state auditor and comptroller with an
explanation of the circumstances that require the delay. If the
state auditor finds that an agency has not complied with this
subsection, the state auditor shall make an estimate of any
resulting financial loss to the state, taking into consideration
compliance costs that would have been additionally incurred by the
agency, and report the amount on the state auditor's Internet
website [to the legislative audit committee, the governor, and the
comptroller].
SECTION 4. Section 531.02492(b), Government Code, is
amended to read as follows:
(b) The commission shall electronically publish on the
commission's Internet website a biennial report and, on or before
the date the report is due, shall notify the governor, the
lieutenant governor, the speaker of the house of representatives,
the comptroller, [the Legislative Budget Board,] and the
appropriate legislative committees that the report is available on
the commission's Internet website. The report must address the
efforts of the health and human services agencies to provide health
and human services to children younger than six years of age. The
report may contain recommendations by the commission to better
coordinate state agency programs relating to the delivery of health
and human services to children younger than six years of age and may
propose joint agency collaborative programs.
SECTION 5. Section 531.0998, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) The report may be consolidated with any other report
relating to the same subject matter the commission is required to
submit under other law.
SECTION 6. Section 531.108(e), Government Code, is amended
to read as follows:
(e) Not later than October 1 of each year, the [The]
commission shall submit to the governor and Legislative Budget
Board an annual report on the results of computerized matching of
commission information with information from neighboring states,
if any, and information from the Texas Department of Criminal
Justice. The report may be consolidated with any other report
relating to the same subject matter the commission is required to
submit under other law.
SECTION 7. Section 2054.077(b), Government Code, is amended
to read as follows:
(b) The information security officer of a state agency shall
prepare or have prepared a report, including an executive summary
of the findings of the biennial report, not later than June 1
[October 15] of each even-numbered year, assessing the extent to
which a computer, a computer program, a computer network, a
computer system, a printer, an interface to a computer system,
including mobile and peripheral devices, computer software, or data
processing of the agency or of a contractor of the agency is
vulnerable to unauthorized access or harm, including the extent to
which the agency's or contractor's electronically stored
information is vulnerable to alteration, damage, erasure, or
inappropriate use.
SECTION 8. Section 2054.515(b), Government Code, is amended
to read as follows:
(b) Not later than December 1 of the year in which a state
agency conducts the assessment under Subsection (a) or the 60th day
after the date the agency completes the assessment, whichever
occurs first, the agency shall report the results of the assessment
to:
(1) the department; and
(2) on request, the governor, the lieutenant governor,
and the speaker of the house of representatives.
SECTION 9. Section 2054.516(a), Government Code, is amended
to read as follows:
(a) Each state agency implementing an Internet website or
mobile application that processes any sensitive personal or
personally identifiable information or confidential information
must:
(1) submit a biennial data security plan to the
department not later than June 1 [October 15] of each even-numbered
year to establish planned beta testing for the website or
application; and
(2) subject the website or application to a
vulnerability and penetration test and address any vulnerability
identified in the test.
SECTION 10. Section 2054.5192(e), Government Code, is
amended to read as follows:
(e) A contractor required to complete a cybersecurity
training program under this section shall verify completion of the
program to the contracting state agency. The person who oversees
contract management for the agency shall:
(1) not later than August 31 of each year, report the
contractor's completion to the department; and
(2) periodically review agency contracts to ensure
compliance with this section.
SECTION 11. The heading to Section 2310.052, Government
Code, is amended to read as follows:
Sec. 2310.052. EVALUATION[; REPORT].
SECTION 12. Section 103.013(f), Health and Safety Code, is
amended to read as follows:
(f) Not later than November 1 of each even-numbered year,
each state agency affected by the state plan, other than a state
agency represented on the council, shall report to the council, the
Legislative Budget Board, and the Governor's Office of Budget and
Planning:
(1) information determined under Subsection (e); and
(2) each deviation from the council's proposed plan,
including an explanation for the deviation.
SECTION 13. Sections 533A.006(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The executive commissioner shall submit a report to the
Texas Medical Board not later than 30 days after the last day of a
month during which any allegation is received by the commission
that a physician employed by or under contract with the commission
in relation to services provided under this title has committed an
action that constitutes a ground for the denial or revocation of the
physician's license under Section 164.051, Occupations Code. The
report must be made in the manner provided by Section 154.051,
Occupations Code.
(b) The department shall provide to the Texas Medical Board
a printed and electronic copy of any report or finding relating to
an investigation of an allegation reported to that board.
SECTION 14. Section 534.068(f), Health and Safety Code, is
amended to read as follows:
(f) The department shall annually submit to the governor[,
Legislative Budget Board,] and Legislative Audit Committee a
summary of the significant findings identified during the
department's reviews of fiscal audit activities.
SECTION 15. Section 578.008, Health and Safety Code, is
amended to read as follows:
Sec. 578.008. USE OF INFORMATION[; REPORT]. [(a)] The
department shall use the information received under Sections
578.006 and 578.007 to analyze, audit, and monitor the use of
electroconvulsive therapy, psychosurgery, pre-frontal sonic sound
treatment, or any other convulsive or coma-producing therapy
administered to treat mental illness.
[(b) The department shall file annually with the governor
and the presiding officer of each house of the legislature a written
report summarizing by facility the information received under
Sections 578.006 and 578.007. If the therapy is administered by a
private physician on an outpatient basis, the report must include
that information but may not identify the physician. The
department may not directly or indirectly identify in a report
issued under this section a patient who received the therapy.]
SECTION 16. Section 22.0292(d), Human Resources Code, is
amended to read as follows:
(d) Not later than October 1 of each year, the [The]
commission shall submit to the governor and the Legislative Budget
Board an annual report on the operation and success of the
information matching system required by this section. The report
may be consolidated with any other report relating to the same
subject matter the commission is required to submit under other
law.
SECTION 17. Section 101A.107, Human Resources Code, is
amended to read as follows:
Sec. 101A.107. REPORT ON UNIT COSTS. The department shall
file with the Legislative Budget Board and the Governor's Office of
Budget, Planning, and Policy a report that clearly identifies in a
state fiscal year the unit cost of each service, other than services
related to community service volunteering and subsidized
employment services, provided by an area agency on aging. The
report must be filed annually [twice each year] on or before the
date specified by the Legislative Budget Board. The report must be
in the form required by the Legislative Budget Board.
SECTION 18. Section 161.079(g), Human Resources Code, is
amended to read as follows:
(g) The department shall analyze the data reported under
Subsection (f) and collected from the form under Subsection (d)
[and shall submit a report not later than December 1 of each
even-numbered year to the governor and the Legislative Budget Board
that summarizes the data analysis].
SECTION 19. The heading to Section 413.0515, Labor Code, is
amended to read as follows:
Sec. 413.0515. REPORTS OF [PHYSICIAN AND] CHIROPRACTOR
VIOLATIONS.
SECTION 20. Section 1001.023(b), Transportation Code, is
amended to read as follows:
(b) The chair shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) report to the board the governor's suggestions for
department operations;
(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor and[,] the board[, and the Legislative
Budget Board];
(7) designate at least one employee of the department
as a civil rights officer of the department and receive regular
reports from the officer or officers on the department's efforts to
comply with civil rights legislation and administrative rules;
(8) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole;
(9) appoint a member of the board to act in the absence
of the chair and vice chair; and
(10) serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
SECTION 21. The following provisions are repealed:
(1) Section 201.0227(d-1), Agriculture Code;
(2) Section 447.010(j), Government Code;
(3) Chapter 2061, Government Code;
(4) Section 2165.303(b), Government Code;
(5) Section 2310.052(b), Government Code;
(6) Section 104.026(c), Health and Safety Code;
(7) Section 161.502(d), Health and Safety Code;
(8) Section 533A.062(e), Health and Safety Code;
(9) Section 22.015, Human Resources Code;
(10) Section 408.030, Labor Code;
(11) Section 413.0515(a), Labor Code;
(12) Section 203.154(a), Occupations Code;
(13) Section 452.159, Occupations Code;
(14) Section 223.042(f), Transportation Code; and
(15) Section 228.012(c), Transportation Code.
SECTION 22. This Act takes effect September 1, 2021.
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