SB2404 - Relating to the continuation and functions of the Department of Information Resources, including the composition of the governing body of the department.

  89R14618 LRM-D     By: Parker, et al. S.B. No. 2404       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Department of   Information Resources, including the composition of the governing   body of the department.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 656, Government Code, is   amended by adding Sections 656.0505 and 656.0506 to read as   follows:           Sec.   656.0505.     VOLUNTARY CERTIFICATION COURSE ON   PROCUREMENT OF INFORMATION RESOURCES TECHNOLOGIES. (a) In this   section:                 (1)     "Department" means the Department of Information   Resources.                 (2)     "Information resources technologies" has the   meaning assigned by Section 2054.003.           (b)     In coordination with the comptroller, the department   shall develop and implement a certification course on the   procurement of information resources technologies and make the   course available to a person who:                 (1)     holds a purchasing certification issued under   Section 656.051;                 (2)     holds a contract management certification issued   under Section 656.052; or                 (3)     holds both certifications described by   Subdivisions (1) and (2).           (c)     The department shall provide the course at least   quarterly and must provide the course in person.           (d)     The department shall certify a state agency employee who   successfully completes the course.           (e)     Successful completion of the course may be credited   toward any continuing education requirements for maintaining a   certification under Section 656.051 or 656.052, or both.           Sec.   656.0506.     TRAINING ON PURCHASES OF INFORMATION   RESOURCES TECHNOLOGIES FOR CERTAIN STATE AGENCY OFFICERS AND   EMPLOYEES. (a) In this section:                 (1)     "Department" means the Department of Information   Resources.                 (2)     "Information resources technologies" has the   meaning assigned by Section 2054.003.           (b)     The department shall develop and provide annual   training for persons who serve in upper management positions at   state agencies, including elected or appointed state officers and   executive heads of state agencies on best practices and   methodologies for purchasing information resources technologies.           (c)     The department shall include in the training provided   under Subsection (b) information the department covers in the   certification programs established by Sections 656.051 and 656.052   that is related to the purchase of information resources   technologies.   The department may include additional topics in the   training.           (d)     The department may not require a person described by   Subsection (b) to participate in the training.          SECTION 2.  Section 2054.003(13), Government Code, is   amended to read as follows:                (13)  "State agency" means , except as otherwise   provided by this chapter, a department, commission, board, office,   council, authority, or other agency in the executive or judicial   branch of state government 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.          SECTION 3.  Section 2054.005, Government Code, is amended to   read as follows:          Sec. 2054.005.  SUNSET PROVISION. [ (a) ] The Department of   Information Resources is subject to Chapter 325 (Texas Sunset Act).   Unless continued in existence as provided by that chapter, the   department is abolished [ and this chapter expires ] September 1,   2037 [ 2025 ].          SECTION 4.  Section 2054.021, Government Code, is amended by   amending Subsections (a), (c), (f), (g), and (h) and adding   Subsections (a-1), (c-1), (c-2), and (i) to read as follows:          (a)   For purposes of this section, "state agency" has the   meaning assigned by Section 2054.003 but does not include a   department, commission, board, office, council, authority, or   other agency in the judicial branch of state government.           (a-1)   The department is governed by a board composed of 11   members as follows:                 (1)   seven voting members appointed by the governor   with the advice and consent of the senate ; and                 (2)     four nonvoting members as provided by Subsection   (c) . [ One member must be employed by an institution of higher   education as defined by Section 61.003, Education Code. ]          (c)   The governor shall appoint the four nonvoting members of   the board as follows:                 (1)     one member who is an employee of an institution of   higher education, as defined by Section 61.003, Education Code;                 (2)     two members who are employees of state agencies   that are on the list provided under Subsection (c-1); and                 (3)     one member who is an employee of a state agency   with fewer than 500 full-time employees.           (c-1)     Not later than December 1 of each even-numbered year,   the department shall provide the governor a list of the 10 state   agencies that spent the most money on products and services of the   department during the previous state fiscal year.           (c-2)     A nonvoting member of the board serves for a two-year   term that expires February 1 of each odd-numbered year. [ Two groups   each composed of three ex officio members serve on the board on a   rotating basis. The ex officio members serve as nonvoting members   of the board. Only one group serves at a time. The first group is   composed of the commissioner of insurance, the executive   commissioner of the Health and Human Services Commission, and the   executive director of the Texas Department of Transportation.   Members of the first group serve for two-year terms that begin   February 1 of every other odd-numbered year and that expire on   February 1 of the next odd-numbered year. The second group is   composed of the commissioner of education, the executive director   of the Texas Department of Criminal Justice, and the executive   director of the Parks and Wildlife Department. Members of the   second group serve for two-year terms that begin February 1 of the   odd-numbered years in which the terms of members of the first group   expire and that expire on February 1 of the next odd-numbered year. ]          (f)   A [ To be eligible to take office or serve as a voting or   nonvoting member of the board, a ] person who is appointed to and   qualifies for office as a member of the board may not vote,   deliberate, or be counted as a member in attendance at a meeting of   the board until the person:                 (1)  completes [ appointed to or scheduled to serve as   an ex officio member of the board must complete at least one course   of ] a training program that complies with Subsection (g); and                 (2)     signs and submits to the executive director a   statement acknowledging that the member completed the training   program and the training required under Section 656.053 [ this   section ]. [ A voting or nonvoting board member must complete a   training program that complies with Subsection (g) not later than   the 180th day after the date on which the person takes office or   begins serving as a member of the board. ]          (g)  The training program must provide the person with     information [ to the person ] regarding:                (1)   the law governing department operations [ this   chapter ] and the board to which the person is appointed to serve;                (2)  the programs , functions, rules, and budget of   [ operated by ] the department;                (3)   the scope of and limitations on the rulemaking   authority of the department [ the role and functions of the   department ];                (4)  the results of the most recent formal audit of the   department [ rules of the department, with an emphasis on the rules   that relate to disciplinary and investigatory authority ];                (5)  the requirements of:                       (A)     laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                       (B)     other laws applicable to members of a state   policy-making body in performing their duties [ current budget for   the department ];                (6)  [ the results of the most recent formal audit of the   department;                [ (7) the requirements of the:                      [ (A)  open meetings law, Chapter 551;                      [ (B)  open records law, Chapter 552; and                      [ (C)  administrative procedure law, Chapter 2001;                [ (8)     the requirements of the conflict of interest laws   and other laws relating to public officials;                [ (9) ]  any applicable ethics policies adopted by the   department or the Texas Ethics Commission; and                 (7)  [ (10) ]  contract management training.          (h)  A person appointed to the board is entitled to   reimbursement , as provided by the General Appropriations Act, for   travel expenses incurred in attending the training program,   regardless of whether the attendance at the program occurs before   or after the person qualifies for office [ as provided by the General   Appropriations Act and as if the person were a member of the board ].           (i)     The executive director shall create a training manual   that includes the information required by Subsection (g). The   executive director shall distribute a copy of the training manual   annually to each member of the board. Each member of the board   shall sign and submit to the executive director a statement   acknowledging that the member received and has reviewed the   training manual.          SECTION 5.  Section 2054.024(c), Government Code, is amended   to read as follows:          (c)  If the final result of an action brought in a court of   competent jurisdiction is that a board [ an ex officio or other ]   member [ of the board ] may not serve on the board under the Texas   Constitution, the [ appropriate individual shall promptly submit a   list to the ] governor shall appoint  [ for the appointment of ] a   replacement who may serve.       &#x [Text truncated for display. Full text available on LegiScan.]