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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