reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter K. Electronic System for Occupational Licensing Transactions › Section 2054.353. Electronic System for Occupational Licensing Transactions

Sec. 2054.353.  ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING TRANSACTIONS.  (a)  The department shall administer a common electronic system using the Internet through which a licensing entity can electronically:
(1)  send occupational licenses and other documents to persons regulated by the licensing entity and to the public;
(2)  receive applications for occupational licenses and other documents for filing from persons regulated by the licensing entity and from the public, including documents that can be electronically signed if necessary; and
(3)  receive required payments from persons regulated by the licensing entity and from the public.
(b)  The department may implement this section in phases.  Each licensing entity that participates in the system established under this section shall comply with the schedule established by the department.
(c)  The department may use any Internet portal established under a demonstration project administered by the department.
(d)  The department may exempt a licensing entity from participating in the system established by this section if the department determines that:
(1)  the licensing entity has established an Internet portal that allows the performance of the functions described by Subsection (a); or
(2)  online license renewal for the licensing entity would not be cost-effective or in the best interest of the project.
Added by Acts 2001, 77th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 9, eff. June 20, 2003.  Renumbered from Government Code Sec. 2054.253 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(83), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1260 (H.B. 2048), Sec. 20, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter K. Electronic System for Occupational Licensing Transactions › Section 2054.354. Steering Committee

Sec. 2054.354.  STEERING COMMITTEE.  (a)  The steering committee for electronic occupational licensing transactions consists of a representative of each of the following, appointed by its governing body:
(1)  each licensing entity listed by Section 2054.352(a); and
(2)  the department.
(b)  The governing body of a licensing entity described by Section 2054.352(c) may appoint a representative to the committee.
(c)  A member of the committee serves at the will of the entity that appointed the member.
(d)  The representative of the department is the presiding officer of the committee.  The committee shall meet as prescribed by committee procedures or at the call of the presiding officer.
(e)  The committee shall advise the department regarding the department's implementation of Section 2054.353.
(f)  Chapter 2110 does not apply to the size, composition, or duration of the committee.  Any reimbursement of the expenses of a member of the committee may be paid only from funds available to the governmental entity the member represents.
Added by Acts 2001, 77th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1216, Sec. 10, eff. June 20, 2003.  Renumbered from Government Code Sec. 2054.254 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(83), 3(29), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 8.019, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter K. Electronic System for Occupational Licensing Transactions › Section 2054.355. Change of Address and Other Information

Sec. 2054.355.  CHANGE OF ADDRESS AND OTHER INFORMATION.  (a)  The system adopted under Section 2054.253, as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001, must allow a person regulated by one or more licensing authorities to file a single change of address on-line with the department.  The department shall provide the new address to each appropriate licensing authority.
(b)  The department may expand the system to include additional categories of updated information that license holders may need to provide to more than one licensing authority.
(c)  If the department uses the state electronic Internet portal to implement the system, the department may recover costs incurred under this section as provided by Section 2054.252.
Added by Acts 2003, 78th Leg., ch. 514, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 816, Sec. 25.001, eff. Sept. 1, 2003.  Renumbered from Government Code Sec. 2054.255 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(38), eff. Sept. 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 973 (H.B. 1504), Sec. 24, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter K. Electronic System for Occupational Licensing Transactions › Section 2054.356. Sharing of Information

Sec. 2054.356.  SHARING OF INFORMATION.  (a)  Each licensing authority shall electronically share information regarding license holders, especially information regarding disciplinary information, with other licensing authorities to the extent it is feasible to do so and allowed by other law, under appropriate controls for the privacy, security, accuracy, and, when applicable, confidentiality of the information.
(b)  A licensing authority may only use information it receives electronically under this section for regulatory purposes.
Added by Acts 2003, 78th Leg., ch. 514, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 816, Sec. 25.001, eff. Sept. 1, 2003.  Renumbered from Government Code Sec. 2054.255 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(39), eff. Sept. 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.375. Definitions

Sec. 2054.375.  DEFINITIONS.  In this subchapter:
(1)  "Eligible entity" means an entity listed in Section 2054.0525.
(2)  "Statewide technology center" means a statewide technology center established or operated under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 1, eff. May 18, 2013.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.376. Applicability

Sec. 2054.376.  APPLICABILITY.
(a)  This subchapter applies to all information resources technologies, other than telecommunications services governed by Chapter 2170, that are:
(1)  obtained by a state agency using state money; or
(2)  used by a participating eligible entity.
(a-1)  Notwithstanding Subsection (a), this subchapter applies to electronic messaging service and outsourced managed services that are:
(1)  obtained by a state agency using state money; or
(2)  used by a participating eligible entity.
(b)  This subchapter does not apply to:
(1)  the uniform statewide accounting system, as that term is used in Subchapter C, Chapter 2101;
(2)  the state treasury cash and treasury management system;
(3)  a database or network managed by the comptroller to:
(A)  collect and process multiple types of taxes imposed by the state; or
(B)  manage or administer fiscal, financial, revenue, and expenditure activities of the state under Chapter 403 and Chapter 404; or
(4)  a database or network managed by the Department of Agriculture.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 23.04, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 2, eff. May 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 814 (H.B. 2364), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.377. Institutions of Higher Education

Sec. 2054.377.  INSTITUTIONS OF HIGHER EDUCATION.  The department may not establish or expand a statewide technology center that includes participation by an institution of higher education unless the Information Technology Council for Higher Education agrees to the establishment or expansion.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.3771. Eligible Entities

Sec. 2054.3771.  ELIGIBLE ENTITIES.  The department may establish or expand a statewide technology center to include participation by an eligible entity.  The executive director and the department have all the powers necessary or appropriate, consistent with this chapter, to accomplish that purpose.
Added by Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 3, eff. May 18, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.378. Scope of Operation of Centers

Sec. 2054.378.  SCOPE OF OPERATION OF CENTERS.  (a)  The department may operate statewide technology centers to provide participating eligible entities, on a cost-sharing basis, services relating to:
(1)  information resources and information resources technology; and
(2)  the deployment, development, and maintenance of software applications.
(b)  The department may operate a statewide technology center directly or contract with another person to operate the center.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 4, eff. May 18, 2013.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.379. Rules

Sec. 2054.379.  RULES.  The department shall adopt rules and guidelines to implement this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.380. Fees

Sec. 2054.380.  FEES.  (a)  The department shall set and charge a fee to each participating eligible entity that receives a service from a statewide technology center in an amount sufficient to cover the direct and indirect cost of providing the service.
(b)  Revenue derived from the collection of fees imposed under Subsection (a) may be appropriated to the department for:
(1)  developing statewide information resources technology policies and planning under this chapter and Chapter 2059; and
(2)  providing shared information resources technology services under this chapter.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 23.05, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 5, eff. May 18, 2013.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.381. Contracting; Historically Underutilized Businesses

Sec. 2054.381.  CONTRACTING; HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  In any procurement related to the establishment of a statewide technology center, the department shall maximize vendor competition and, to the extent feasible and cost-effective, interoperability.
(b)  In contracting under this subchapter, the department shall follow the requirements of Chapter 2161 and related rules regarding historically underutilized businesses.
(c)  The department shall provide to all qualified businesses the opportunity to compete for department contracts under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.382. Statewide Technology Centers for Data or Disaster Recovery Services; Use Required

Sec. 2054.382.  STATEWIDE TECHNOLOGY CENTERS FOR DATA OR DISASTER RECOVERY SERVICES; USE REQUIRED.  (a)  The department shall manage the operations of statewide technology centers that provide data center services or disaster recovery services for two or more participating eligible entities, including management of the operations of the center on the campus of Angelo State University.
(b)  The department by rule shall describe the data services provided by statewide technology centers.
(c)  A state agency may not spend appropriated money to contract or issue purchase orders for data center services or disaster recovery services, including maintenance of those services, unless the executive director approves the expense.  The department may establish appropriate thresholds and procedures for securing approval under this subsection.
(d)  The Legislative Budget Board may not grant prior approval under Section 2054.386 in relation to services provided under this section.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.383. Establishment of Additional Statewide Technology Centers

Sec. 2054.383.  ESTABLISHMENT OF ADDITIONAL STATEWIDE TECHNOLOGY CENTERS.  (a)  The department may establish additional statewide technology centers as provided by this section.
(b)  The department may not establish a center under this section unless:
(1)  the governor approves the establishment;
(2)  the Legislative Budget Board approves the expenditures necessary for the establishment; and
(3)  the executive director determines in writing that  consolidating operations or services of selected state agencies will promote efficiency and effectiveness and provide the best value for the state.
(c)  In the written determination under Subsection (b)(3), the executive director shall identify the selected state agencies that will be required to participate in the new center.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.384. Cost and Requirements Analysis

Sec. 2054.384.  COST AND REQUIREMENTS ANALYSIS.  (a)  The department shall conduct a cost and requirements analysis for each state agency that the department intends to select for participation in a statewide technology center.
(b)  A selected state agency shall identify its particular requirements, operations costs, and requested service levels for the department.  The department may require a state agency to validate or resubmit data related to these factors.  The department shall fulfill the requirements and service levels of each state agency to the extent possible.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.385. Notice of Selection

Sec. 2054.385.  NOTICE OF SELECTION.  After completion of the cost and requirements analysis for each state agency under Section 2054.384, the department shall provide notice to each state agency selected to receive services or operations through the statewide technology center.  The notice must include:
(1)  the state agency operations selected for consolidation at a statewide technology center;
(2)  the scope of services to be provided to the agency;
(3)  a schedule of anticipated costs for the agency; and
(4)  the implementation schedule for that agency.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.3851. Eligible Entity Participation and Selection

Sec. 2054.3851.  ELIGIBLE ENTITY PARTICIPATION AND SELECTION.  (a)  An eligible entity listed in Section 2054.0525, other than a state agency, may submit a request to the department to receive services or operations through a statewide technology center.  The eligible entity shall identify its particular requirements, operations costs, and requested service levels.
(b)  On receipt of the request, the department shall conduct a cost and requirements analysis for the eligible entity.
(c)  If the department selects the eligible entity for participation in a statewide technology center, the department shall provide notice to the eligible entity that includes:
(1)  the scope of the services to be provided to the eligible entity;
(2)  a schedule of anticipated costs for the eligible entity; and
(3)  the implementation schedule for the eligible entity.
(d)  If selected to participate in a statewide technology center, an eligible entity may contract with the department to receive the identified services and have the identified operations performed through the statewide technology center.
(e)  Two or more local governments that are parties to an interlocal agreement, acting through the entity designated by the parties to supervise performance of the interlocal agreement under Section 791.013, may apply to the department and participate in a statewide technology center.
Added by Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 6, eff. May 18, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.387. Interagency Contract; Compliance With Service Levels

Sec. 2054.387.  INTERAGENCY CONTRACT; COMPLIANCE WITH SERVICE LEVELS.  The department shall ensure compliance with service levels agreed to in an interagency contract or intergovernmental contract, as appropriate, executed under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 102 (S.B. 866), Sec. 7, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.388. Transfer of Ownership

Sec. 2054.388.  TRANSFER OF OWNERSHIP.  (a)  The  department, subject to the governor's approval, may require a state agency that enters into an interagency contract under Section 2054.386 to transfer to the department ownership, custody, or control of resources that the department, in consultation with the agency, determines are used to support the operations or services selected under Section 2054.385.  These resources may include:
(1)  information resources;
(2)  information resources technologies;
(3)  full-time equivalent positions; and
(4)  any other resources determined necessary by the department to support the selected operations or services.
(b)  The department shall advise the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and state auditor's office regarding the expected savings to be received for each state agency from which ownership, custody, or control is transferred under this section.
(c)  The department and the state agency shall work to reconcile any federal funding issues that arise out of a transfer under this section.  The department, subject to the governor's approval, shall exclude applicable resources from the transfer if the federal funding issues cannot be reconciled.
(d)  Chapter 2175 does not apply to information resources or information resources technologies transferred under this section.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.389. Transition Schedules

Sec. 2054.389.  TRANSITION SCHEDULES.  The department shall establish transition schedules for the transfer of state agency operations and services to statewide technology centers under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.390. Migration of Services

Sec. 2054.390.  MIGRATION OF SERVICES.  (a)  The department shall prioritize the migration of services to the statewide technology center system established under this subchapter based on the size of the current technology center operational environment at a state agency, with the largest 25 technology center environments ranking highest in priority.
(b)  Expired.
(c)  A state agency shall comply with the department's request to migrate under this section.
(d)  Any consolidation plan adopted by the department to execute this section must prioritize and fully use the existing capacity of the State Data Center located on the campus of Angelo State University.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.391. Use of Statewide Technology Centers Required

Sec. 2054.391.  USE OF STATEWIDE TECHNOLOGY CENTERS REQUIRED.  (a)  A state agency may not transfer services from a statewide technology center unless the executive director and the governor approve the transfer.
(b)  If the department becomes aware that a state agency is not using a statewide technology center for operations or services in accordance with the interagency contract entered into under Section 2054.386 and as directed by the department, the department shall notify the comptroller, the Legislative Budget Board, the state auditor's office, and the affected state agency of the violation.
(c)  After notification under Subsection (b), the state agency may not spend appropriated money for operations or services the agency was selected to receive through a statewide technology center without the prior approval of the executive director.
Added by Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter L. Statewide Technology Centers › Section 2054.392. Statewide Technology Account

Sec. 2054.392.  STATEWIDE TECHNOLOGY ACCOUNT.  The comptroller shall establish in the state treasury the statewide technology account.  The account is a revolving fund account for the administration of this subchapter. The account is the depository for all money received from entities served under this subchapter.  Money in the account may be used only for the operation and management of a statewide technology center or for any other purpose specified by the legislature.
Added by Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.451. Definitions

Sec. 2054.451.  DEFINITIONS.  In this subchapter:
(1)  "Electronic and information resources" means information resources and any equipment or interconnected system of equipment that is used in the creation, conversion, or duplication of information resources.  The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines.
(2)  "State agency" means a department, commission, board, office, council, authority, or other agency in the executive, legislative, 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.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.452. Training and Technical Assistance

Sec. 2054.452.  TRAINING AND TECHNICAL ASSISTANCE.  (a)  The department shall provide training for and technical assistance to state agencies regarding compliance with this subchapter.
(b)  The department shall adopt rules to implement this section.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.453. Rules; Compliance With Federal Standards and Laws

Sec. 2054.453.  RULES; COMPLIANCE WITH FEDERAL STANDARDS AND LAWS.  (a)  The department shall adopt rules and evaluation criteria to implement this subchapter, including rules regarding:
(1)  the development, procurement, maintenance, and use of electronic and information resources by state agencies to provide access to individuals with disabilities; and
(2)  a procurement accessibility policy.
(b)  In adopting rules under this section, the department shall consider the provisions contained in 36 C.F.R. Part 1194.
(c)  This subchapter does not require the state to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) to the extent it is not required by federal law.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.454. State Agency Compliance

Sec. 2054.454.  STATE AGENCY COMPLIANCE.  (a)  If required by the department, each state agency shall develop, procure, maintain, and use accessible electronic and information resources that conform to the rules adopted under this subchapter.
(b)  The department shall ensure that rules adopted under this subchapter are reviewed as a component of any report developed under Section 2054.102(c) on compliance with department standards.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.455. Public Information

Sec. 2054.455.  PUBLIC INFORMATION.  The department shall develop a process by which the public may provide information regarding compliance with this subchapter.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.456. Access to Electronic and Information Resources by State Employees With Disabilities

Sec. 2054.456.  ACCESS TO ELECTRONIC AND INFORMATION RESOURCES BY STATE EMPLOYEES WITH DISABILITIES.  (a)  Each state agency shall, in developing, procuring, maintaining, or using electronic and information resources, ensure that state employees with disabilities have access to and the use of those resources comparable to the access and use available to state employees without disabilities, unless compliance with this section imposes a significant difficulty or expense on the agency under Section 2054.460.  Subject to Section 2054.460, the agency shall take reasonable steps to ensure that a disabled employee has reasonable access to perform the employee's duties.
(b)  This section does not require a state agency to install specific accessibility-related software or attach an assistive technology device at a workstation of a state employee.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.457. Access to Electronic and Information Resources by Other Individuals With Disabilities

Sec. 2054.457.  ACCESS TO ELECTRONIC AND INFORMATION RESOURCES BY OTHER INDIVIDUALS WITH DISABILITIES.  (a)  Each state agency shall provide members of the public with disabilities who are seeking information or other services from the agency access to and the use of electronic and information resources comparable to the access and use provided to members of the public without disabilities, unless compliance with this section imposes a significant difficulty or expense on the agency under Section 2054.460.
(b)  This section does not require a state agency to:
(1)  make a product owned by the agency available for access and use by individuals with disabilities at a location other than the location where the electronic and information resources are provided to the public; or
(2)  purchase a product for access and use by individuals with disabilities at a location other than the location where the electronic and information resources are provided to the public.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.458. Internet Websites

Sec. 2054.458.  INTERNET WEBSITES.  The department shall adopt rules regarding the development and monitoring of state agency Internet websites to provide access to individuals with disabilities.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.459. Emerging Technologies; Products

Sec. 2054.459.  EMERGING TECHNOLOGIES; PRODUCTS.  The department shall adopt rules regarding:
(1)  emerging technologies related to the purpose of this subchapter; and
(2)  the commercial availability of products, including computer software, to implement this subchapter.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.460. Exception for Significant Difficulty or Expense; Alternate Methods

Sec. 2054.460.  EXCEPTION FOR SIGNIFICANT DIFFICULTY OR EXPENSE; ALTERNATE METHODS.  (a)  If compliance with a provision of this subchapter imposes a significant difficulty or expense on a state agency, the agency is not required to comply with that provision, but the agency may provide individuals with disabilities an alternate method of access under Subsection (b).
(b)  If under Subsection (a) a state agency is not complying with a provision of this subchapter, the agency may use alternate methods to provide timely access by individuals with disabilities to state agency electronic and information resources, including access to product documentation.  Alternate methods include voice, fax, teletypewriter, Internet posting, captioning, text-to-speech synthesis, and audio description.
(c)  In determining whether compliance imposes a significant difficulty or expense on the state agency, the agency shall consider all agency resources available to the program or program component for which the product is being developed, procured, maintained, or used.
(d)  The department shall adopt rules to implement this section.
(e)  The executive director of the state agency shall make the final decision on whether this section applies.  The decision may not be appealed.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.461. Exemptions

Sec. 2054.461.  EXEMPTIONS.  The department shall adopt rules regarding exempting a state agency from the duty to comply with this subchapter or a provision of this subchapter.  In adopting rules under this section, the department shall focus on circumstances in which the benefit of compliance for individuals with disabilities is relatively minor and the cost of compliance is relatively great.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.462. Exception for Embedded Information Resources

Sec. 2054.462.  EXCEPTION FOR EMBEDDED INFORMATION RESOURCES.  This subchapter does not apply to electronic and information resources equipment that contains embedded information resources that are used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of information, including thermostats or temperature control devices or other heating, ventilation, and air conditioning equipment.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.463. Exception for Medical Equipment

Sec. 2054.463.  EXCEPTION FOR MEDICAL EQUIPMENT.  This subchapter does not apply to an item of medical equipment in which electronic and information resources are integral to its operation.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.464. Survey; Reporting Requirements

Sec. 2054.464.  SURVEY;  REPORTING REQUIREMENTS.  The department shall adopt guidelines regarding:
(1)  an electronic and information resources state agency survey; and
(2)  state agency reporting requirements for implementation of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 691 (H.B. 1788), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter M. Access to Electronic and Information › Section 2054.465. No Cause of Action Created

Sec. 2054.465.  NO CAUSE OF ACTION CREATED.  This subchapter does not create a cause of action.
Added by Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter N. -1. Cybersecurity › Section 2054.510. Chief Information Security Officer

Sec. 2054.510.  CHIEF INFORMATION SECURITY OFFICER.  (a)  In this section, "state information security program" means the policies, standards, procedures, elements, structure, strategies, objectives, plans, metrics, reports, services, and resources that establish the information resources security function for this state.
(b)  The executive director, using existing funds, shall employ a chief information security officer.
(c)  The chief information security officer shall oversee cybersecurity matters for this state including:
(1)  implementing the duties described by Section 2054.059;
(2)  responding to reports received under Section 2054.1125;
(3)  developing a statewide information security framework;
(4)  overseeing the development of statewide information security policies and standards;
(5)  collaborating with state agencies, local governmental entities, and other entities operating or exercising control over state information systems or state-controlled data to strengthen this state's cybersecurity and information security policies, standards, and guidelines;
(6)  overseeing the implementation of the policies, standards, and guidelines developed under Subdivisions (3) and (4);
(7)  providing information security leadership, strategic direction, and coordination for the state information security program;
(8)  providing strategic direction to:
(A)  the network security center established under Section 2059.101; and
(B)  statewide technology centers operated under Subchapter L; and
(9)  overseeing the preparation and submission of the report described by Section 2054.0591.
Added by Acts 2023, 88th Leg., R.S., Ch. 1079 (S.B. 621), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter N. -1. Cybersecurity › Section 2054.511. Cybersecurity Coordinator

Sec. 2054.511.  CYBERSECURITY COORDINATOR.  The executive director shall designate an employee of the department as the state cybersecurity coordinator to oversee cybersecurity matters for this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 32 (S.B. 1102), Sec. 1, eff. May 10, 2013.
Redesignated from Government Code, Section 2054.551 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(29), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter N. -1. Cybersecurity › Section 2054.512. Cybersecurity Council

Sec. 2054.512.  CYBERSECURITY COUNCIL.  (a)  The state cybersecurity coordinator shall establish and lead a cybersecurity council that includes public and private sector leaders and cybersecurity practitioners to collaborate on matters of cybersecurity concerning this state.
(b)  The cybersecurity council must include:
(1)  one member who is an employee of the office of the governor;
(2)  one member of the senate appointed by the lieutenant governor;
(3)  one member of the house of representatives appointed by the speaker of the house of representatives;
(4)  one member who is an employee of the Elections Division of the Office of the Secretary of State; and
(5)  additional members appointed by the state cybersecurity coordinator, including representatives of institutions of higher education and private sector leaders.
(c)  In appointing representatives from institutions of higher education to the cybersecurity council, the state cybersecurity coordinator shall consider appointing members of the Information Technology Council for Higher Education.
(d)  The cybersecurity council shall:
(1)  consider the costs and benefits of establishing a computer emergency readiness team to address cyber attacks occurring in this state during routine and emergency situations;
(2)  establish criteria and priorities for addressing cybersecurity threats to critical state installations;
(3)  consolidate and synthesize best practices to assist state agencies in understanding and implementing cybersecurity measures that are most beneficial to this state; and
(4)  assess the knowledge, skills, and capabilities of the existing information technology and cybersecurity workforce to mitigate and respond to cyber threats and develop recommendations for addressing immediate workforce deficiencies and ensuring a long-term pool of qualified applicants.
(e)  The cybersecurity council shall provide recommendations to the legislature on any legislation necessary to implement cybersecurity best practices and remediation strategies for this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 32 (S.B. 1102), Sec. 1, eff. May 10, 2013.
Redesignated from Government Code, Section 2054.552 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(29), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 683 (H.B. 8), Sec. 9, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 376 (S.B. 851), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter N. -1. Cybersecurity › Section 2054.514. Recommendations

Sec. 2054.514.  RECOMMENDATIONS.  The state cybersecurity coordinator may implement any portion or all of the recommendations made by the Cybersecurity, Education, and Economic Development Council under Subchapter N.
Added by Acts 2013, 83rd Leg., R.S., Ch. 32 (S.B. 1102), Sec. 1, eff. May 10, 2013.
Redesignated from Government Code, Section 2054.554 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(29), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter N. -1. Cybersecurity › Section 2054.515. Agency Information Security Assessment and Report

Sec. 2054.515.  AGENCY INFORMATION SECURITY ASSESSMENT AND REPORT.  (a)  At least once every two years, each state agency shall conduct an information security assessment of the agency's:
(1)  information resources systems, network systems, digital data storage systems, digital data security measures, and information resources vulnerabilities; and
(2)  data governance program with participation from the agency's data management officer, if applicable, and in accordance with requirements established by department rule.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 567 (S.B. 475), Sec. 7
(b)  Not later than November 15 of each even-numbered year, 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.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 10
(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.
(c)  The department by rule shall establish the requirements for the information security assessment and report required by this section.
(d)  The report and all documentation related to the information security assessment and report are confidential and not subject to disclosure under Chapter 552.  The state agency or department may redact or withhold the information as confidential under Chapter 552 without requesting a decision from the attorney general under Subchapter G, Chapter 552.
Added by Acts 2017, 85th Leg., R.S., Ch. 683 (H.B. 8), Sec. 11, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.16, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 567 (S.B. 475), Sec. 7, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2054 - Information Resources › Subchapter N. -1. Cybersecurity › Section 2054.516. Data Security Plan for Online and Mobile Applications

Sec. 2054.516.  DATA SECURITY PLAN FOR ONLINE AND MOBILE APPLICATIONS.  (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 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.
(b)  The department shall review each data security plan submitted under Subsection (a) and make any recommendations for changes to the plan to the state agency as soon as practicable after the department reviews the plan.
Added by Acts 2017, 85th Leg., R.S., Ch. 683 (H.B. 8), Sec. 11, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 955 (S.B. 1910), Sec. 5, eff. September 1, 2017.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.016, eff. September 1, 2019.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 16, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 11, eff. September 1, 2021.