Bill Text: TX HB1096 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the modernization of state agency information technology systems.
Spectrum: Moderate Partisan Bill (Republican 18-4)
Status: (Introduced - Dead) 2019-04-17 - Committee report sent to Calendars [HB1096 Detail]
Download: Texas-2019-HB1096-Comm_Sub.html
86R23152 CJC-F | |||
By: Capriglione, Frank, Krause, et al. | H.B. No. 1096 | ||
Substitute the following for H.B. No. 1096: | |||
By: Raymond | C.S.H.B. No. 1096 |
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relating to the modernization of state agency information | ||
technology systems. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter G, Chapter 403, Government Code, is | ||
amended by adding Section 403.1105 to read as follows: | ||
Sec. 403.1105. TEXAS INNOVATION FUND AND STATE AGENCY | ||
TECHNOLOGY UPGRADES ACCOUNT. (a) In this section: | ||
(1) "Account" means the state agency technology | ||
upgrades account. | ||
(2) "Board" means the Texas innovation fund board. | ||
(3) "Cloud computing service" has the meaning assigned | ||
by Section 2157.007. | ||
(4) "Device-as-a-service" means a managed service in | ||
which hardware that belongs to a managed service provider is | ||
installed at a state agency and a service level agreement defines | ||
the responsibilities of each party to the agreement. | ||
(5) "Fund" means the Texas innovation fund. | ||
(6) "Information technology system" means any | ||
equipment or interconnected system or subsystem of equipment used | ||
by a state agency, or a person under a contract with a state agency | ||
if the contract requires use of the equipment, to acquire, store, | ||
analyze, evaluate, manipulate, manage, move, control, display, | ||
switch, interchange, transmit, print, copy, scan, or receive data | ||
or other information. The term: | ||
(A) includes a computer, a device-as-a-service | ||
solution, ancillary computer equipment such as imaging, printing, | ||
scanning, and copying peripherals and input, output, and storage | ||
devices necessary for security and surveillance, peripheral | ||
equipment designed to be controlled by the central processing unit | ||
of a computer, software and firmware and similar procedures, and | ||
services, including support services, and related resources; and | ||
(B) does not include equipment acquired by a | ||
contractor incidental to a state contract. | ||
(7) "Legacy information technology system" means an | ||
information technology system that is operated with obsolete or | ||
inefficient hardware or software technology. | ||
(8) "Qualifying information technology modernization | ||
project" means a project by a state agency to: | ||
(A) replace the agency's information technology | ||
systems; | ||
(B) transition the agency's legacy information | ||
technology systems to a cloud computing service or other innovative | ||
commercial platform or technology; or | ||
(C) develop and implement a method to provide | ||
adequate, risk-based, and cost-effective information technology | ||
responses to threats to the agency's information security. | ||
(9) "State agency" has the meaning assigned by Section | ||
2254.151. | ||
(b) The Texas innovation fund board is established to | ||
administer the Texas innovation fund and the state agency | ||
technology upgrades account and to make awards of financial | ||
assistance to state agencies from the fund or account for | ||
qualifying information technology modernization projects. The | ||
board is composed of: | ||
(1) one member who is a representative of the | ||
comptroller, appointed by the comptroller; | ||
(2) one member who is a representative of the | ||
Department of Information Resources, appointed by the presiding | ||
officer of the governing board of the Department of Information | ||
Resources; | ||
(3) one member who is a representative of the office of | ||
the governor, appointed by the governor; | ||
(4) two members of the senate, appointed by the | ||
lieutenant governor; | ||
(5) two members of the house of representatives, | ||
appointed by the comptroller from a list provided by the speaker of | ||
the house of representatives; and | ||
(6) one public member, appointed by the governor. | ||
(c) Members of the board serve six-year terms. A board | ||
member is not entitled to compensation for service on the board but | ||
is entitled to reimbursement of expenses incurred while performing | ||
duties as a board member. | ||
(d) The Texas innovation fund and the state agency | ||
technology upgrades account are special funds outside the state | ||
treasury to be used by the board, without further legislative | ||
appropriation, as provided by this section. | ||
(e) The fund consists of: | ||
(1) money appropriated, credited, or transferred to | ||
the fund by the legislature; | ||
(2) money received by the board for the repayment of a | ||
loan made from the fund; and | ||
(3) interest and other earnings earned on deposits and | ||
investments of money in the fund. | ||
(f) The account consists of: | ||
(1) money deposited to the account by the comptroller | ||
in the manner prescribed by Subsection (h); and | ||
(2) interest and other earnings earned on deposits and | ||
investments of money in the account. | ||
(g) The comptroller, in consultation with the Department of | ||
Information Resources, shall establish a loan program to authorize | ||
the board to use money from the fund to provide loans to state | ||
agencies for qualifying information technology modernization | ||
projects. A state agency must apply to the board for a loan from the | ||
fund. The application must include a description of the qualifying | ||
information technology modernization project for which the state | ||
agency is requesting a loan. A loan agreement entered into under | ||
this subsection must require the state agency to: | ||
(1) repay the loan to the board within seven years of | ||
the date the loan is made to the agency; and | ||
(2) make annual reports to the board identifying cost | ||
savings realized by the agency as a result of the project for which | ||
the agency received the loan. | ||
(h) At the end of each state fiscal year, on the written | ||
request of a state agency, the comptroller shall deposit to the | ||
account the unexpended balance of any money appropriated to the | ||
agency for that state fiscal year that is budgeted by the agency for | ||
information technology services or cybersecurity purposes. A state | ||
agency may request money from the account from the board at any time | ||
for a qualifying information technology modernization project. | ||
(i) The comptroller shall separately account for the amount | ||
of money deposited to the account at the request of each state | ||
agency under Subsection (h). Money deposited to the account under | ||
Subsection (h) and any interest and other earnings on that money may | ||
be provided only to the state agency for which the comptroller | ||
deposited the money to the account and may be used by the agency | ||
only for a qualifying information technology modernization | ||
project. | ||
(j) Any money deposited to the account at the request of a | ||
state agency under Subsection (h) that is not requested by the | ||
agency within three years from the date the money is deposited shall | ||
be transferred by the comptroller to the general revenue fund to be | ||
used in accordance with legislative appropriation. | ||
(k) A state agency that receives money from the fund or the | ||
account may collaborate with one or more other state agencies that | ||
also receive money from the fund or the account to purchase | ||
information technology systems that may be shared between the | ||
agencies. | ||
(l) The comptroller may adopt rules to implement and | ||
administer this section. | ||
SECTION 2. This Act takes effect September 1, 2019. |