Bill Text: TX HB1784 | 2019-2020 | 86th Legislature | Engrossed

---

Bill Title: Relating to management and storage of state records and information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2019-04-25 - Received from the House [HB1784 Detail]

Download: Texas-2019-HB1784-Engrossed.html

---

86R16235 AAF-F
By: Capriglione H.B. No. 1784

A BILL TO BE ENTITLED
AN ACT
relating to management and storage of state records and
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 441, Government Code, is
amended by adding Section 441.1825 to read as follows:
Sec. 441.1825. STATE INFORMATION GOVERNANCE COORDINATOR.
(a) The director and librarian shall employ a state information
governance coordinator in the commission's records management
division.
(b) The state information governance coordinator shall:
(1) ensure records management programs are
implemented by state agencies for all media types;
(2) assist state agencies in complying with the
agencies' records management programs;
(3) increase overall awareness and outreach for state
agency records management programs; and
(4) coordinate with the Department of Information
Resources to ensure state agencies comply with this subchapter and
the strategy developed under Section 2054.069.
SECTION 2. Section 441.183, Government Code, is amended to
read as follows:
Sec. 441.183. RECORDS MANAGEMENT PROGRAMS IN STATE
AGENCIES. (a) The agency head of each state agency shall:
(1) establish and maintain a records management
program on a continuing and active basis;
(2) create and maintain records containing adequate
and proper documentation of the organization, functions, policies,
decisions, procedures, and essential transactions of the agency
designed to furnish information to protect the financial and legal
rights of the state and any person affected by the activities of the
agency;
(3) make certain that all records of the agency are
passed to the agency head's successor in the position of agency
head;
(4) identify and take adequate steps to protect
confidential and vital state records;
(5) cooperate with the commission in the conduct of
state agency records management surveys; and
(6) cooperate with the commission, the director and
librarian, and any other authorized designee of the director and
librarian in fulfilling their duties under this subchapter.
(b) This subsection applies only to a state agency that is a
department, commission, board, office, or other agency in the
executive branch of state government. This subsection does not
apply to an institution of higher education, as defined by Section
61.003, Education Code. As part of a records management program
established under Subsection (a), the agency head of a state agency
to which this subsection applies shall require training for agency
employees, annually and on employment with the agency, regarding
the records management program, including the agency's approved
records retention schedule.
SECTION 3. Subchapter L, Chapter 441, Government Code, is
amended by adding Sections 441.1856 and 441.1857 to read as
follows:
Sec. 441.1856. TEXAS DIGITAL ARCHIVE. (a) The commission
shall maintain and operate a digital repository for the
preservation of and access to permanently valuable archival state
records, reports, and publications.
(b) The commission, in collaboration with the Department of
Information Resources, shall develop a strategy, consistent with
state records management and archival practices, for state agencies
to transfer appropriate archival state records that are in
electronic format to the commission for inclusion in the digital
repository described by Subsection (a).
Sec. 441.1857. DATA CLASSIFICATION, SECURITY, AND
RETENTION REQUIREMENTS. At the initiation of a project, a state
agency shall classify the data produced from or used in the project
and determine appropriate data security and retention requirements
for each classification.
SECTION 4. Section 2054.0286, Government Code, is amended
to read as follows:
Sec. 2054.0286. CHIEF DATA OFFICER [STATEWIDE DATA
COORDINATOR]. (a) The executive director, using existing
department funds, shall employ a chief data officer [statewide data
coordinator] to:
(1) improve the control and security of information
collected by state agencies;
(2) promote between state agencies the sharing of
information, including customer information; [and]
(3) reduce information collection costs incurred by
this state; and
(4) assist the department in the development and
management of a data portal for use by state agencies.
(b) The chief data officer [statewide data coordinator]
shall develop and implement best practices among state agencies to:
(1) improve interagency information coordination;
(2) reduce duplicative information collection;
(3) increase accountability and ensure compliance
with statutes and rules requiring agencies to share information;
(4) improve information management and analysis to
increase information security, uncover fraud and waste, reduce
agency costs, improve agency operations, and verify compliance with
applicable laws;
(5) encourage agencies to collect and post on the
agencies' Internet websites or the data portal managed by the
department information related to an agency's [agency] functions or
other data maintained by the agency that is in an open file format
and is machine-readable, exportable, and easily accessible by the
public; and
(6) encourage the evaluation of open document formats
for storing data and documents generated by state agencies.
(c) Each state agency shall cooperate with the chief data
officer [statewide data coordinator] in fulfilling the
requirements of this section.
[(d) This section expires September 1, 2021.]
SECTION 5. Subchapter C, Chapter 2054, Government Code, is
amended by adding Section 2054.069 to read as follows:
Sec. 2054.069. STRATEGY FOR DATA STORAGE. (a) In this
section, "statewide technology center" has the meaning assigned by
Section 2054.375.
(b) The department, in collaboration with the Texas State
Library and Archives Commission, shall develop a strategy for the
use of a statewide technology center for long-term non-archival
records storage.
SECTION 6. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.137 to read as follows:
Sec. 2054.137. DESIGNATED DATA MANAGEMENT OFFICER. Each
state agency with more than 150 full-time employees shall designate
a full-time employee of the agency to serve as a data management
officer. The data management officer shall:
(1) coordinate with the chief data officer under
Section 2054.0286; and
(2) consider posting the agency's open data on the data
portal managed by the department.
SECTION 7. As soon as practicable after the effective date
of this Act, the Department of Information Resources shall adopt
rules to implement Section 2054.0286, Government Code, as amended
by this Act.
SECTION 8. This Act takes effect September 1, 2019.