2005 Texas Government Code CHAPTER 2055. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT

GOVERNMENT CODE

CHAPTER 2055. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 2055.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board," "department," "electronic government 
project," "executive director," "local government," " major 
information resources project," "quality assurance team," and " 
TexasOnline" have the meanings assigned by Section 2054.003.
		(2)  "Institution of higher education" has the meaning 
assigned by Section 61.003, Education Code.
		(3)  "Office" means the Electronic Government Program 
Management Office of the department.
		(4)  "State agency" has the meaning assigned by Section 
2054.003, except that the term does not include a university system 
or institution of higher education or an agency identified in 
Section 531.001(4).
		(5)  "Consortia project" means an electronic 
government project involving multiple state agencies and designed 
to establish common information resources infrastructure.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 198, § 2.40, eff. 
Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1246, § 15, eff. Sept. 
1, 2003;  Acts 2005, 79th Leg., ch. 862, § 1, eff. Sept. 1, 2005.


	§ 2055.002. APPLICABILITY TO INSTITUTIONS OF HIGHER 
EDUCATION OR HEALTH AND HUMAN SERVICES AGENCIES.  (a) Except as 
provided by Subsection (b) , the requirements of this chapter 
regarding electronic government projects do not apply to 
institutions of higher education or a health and human services 
agency identified in Section 531.001(4), Government Code.
	(b)  Subject to approval by the office, an institution of 
higher education or a health and human services agency may elect to 
participate regarding an electronic government project of that 
institution or agency in the same manner as a state agency under 
this chapter.  If the institution or health and human services 
agency makes this election and the office approves the election, 
the institution or health and human services agency:
		(1)  shall comply with this chapter regarding that 
electronic government project in the same manner as a state agency;  
and
		(2)  may not withdraw the project from management by 
the office unless the office approves the withdrawal.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 198, § 2.41, eff. 
Sept. 1, 2003.


	§ 2055.003. SUNSET PROVISION.  The office is subject to 
Chapter 325 (Texas Sunset Act). Unless continued in existence as 
provided by that chapter, the office is abolished September 1, 
2009.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1112, § 3.03, eff. 
Sept. 1, 2003.

SUBCHAPTER B. DEPARTMENT OF INFORMATION RESOURCES; PROGRAM 
MANAGEMENT OFFICE


	§ 2055.051. CREATION;  OVERSIGHT.  (a) The department 
shall manage an Electronic Government Program Management Office 
within the department to direct and facilitate the implementation 
of electronic government projects selected under this chapter.
	(b)  The office is under the direct authority and oversight 
of the department.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1246, § 17, eff. 
Sept. 1, 2003.


	§ 2055.052. GENERAL POWERS AND DUTIES.  The department 
shall:             
		(1)  establish and support standard business practices 
for electronic government projects;
		(2)  coordinate and establish standards for 
implementation of electronic government projects;
		(3)  identify and incorporate best practices for 
electronic government projects in such areas as:
			(A)  the procurement of hardware, software, and 
technology services;       
			(B)  project support;                                                        
			(C)  implementation strategies;                                              
			(D)  project planning and scheduling;                                        
			(E)  quality assurance;                                                      
			(F)  overall team coordination;                                              
			(G)  status reporting;  and                                                  
			(H)  technical standards;  and                                               
		(4)  establish, direct, and provide risk management and 
quality assurance services for electronic government projects, 
including consortia projects.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1246, § 18, eff. 
Sept. 1, 2003.


	§ 2055.053. LOCAL GOVERNMENT AND FEDERAL PROJECTS.  The 
office may coordinate electronic government projects involving:
		(1)  local government;  or                                                    
		(2)  the federal government.                                                  

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     


	§ 2055.054. COORDINATION AMONG STATE AGENCIES;  APPROVAL 
OF SPENDING.  (a) In coordination with the Legislative Budget Board 
and the governor, the department shall:
		(1)  identify the resources necessary for projects and 
opportunities among multiple state agencies for the coordination of 
electronic government projects;  and
		(2)  approve spending of money for electronic 
government projects by affected state agencies under Section 
2055.101.
	(b)  The office, in coordination with state agency 
information resources managers, shall create state agency 
coordination teams, as appropriate, to reduce information 
technology expenditures and eliminate unnecessary duplication.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1246, § 19, eff. 
Sept. 1, 2003.


	§ 2055.055. COOPERATION;  STANDARDS.  (a) A state agency 
shall:           
		(1)  cooperate with the department and the office 
regarding electronic government projects;  and
		(2)  provide to the department, as often as may be 
required and in the format required by the department, all 
information required by the department under this chapter that has 
not already been submitted to the department.
	(b)  In requesting cooperation from a state agency under this 
section, the department shall consider the necessity of the request 
as well as the cost to the agency in time and resources.
	(c)  The department, in consultation with the quality 
assurance team, shall establish standards for state agencies to 
follow in implementing:
		(1)  selected electronic government projects to ensure 
maximum savings through cooperation among agencies;
		(2)  major information resources projects;  and                               
		(3)  consortia projects.                                                      

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1246, § 20, eff. 
Sept. 1, 2003.


	§ 2055.056. QUALITY ASSURANCE.  (a) In coordination with 
the Legislative Budget Board, the affected state agency, and, 
subject to Subsection (b), the state auditor, the office shall 
provide quality assurance services to monitor electronic 
government projects selected under Section 2055.101.
	(b)  Participation by the state auditor under Subsection (a) 
is subject to approval by the legislative audit committee for 
inclusion in the audit plan under Section 321.013(c).

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 785, § 28, eff. Sept. 
1, 2003.


	§ 2055.057. FUNDING FOR PROGRAM MANAGEMENT OFFICE.                          

Text of section as amended by Acts 2003, 78th Leg., ch. 785, § 29
	(a)  In coordination with the comptroller, the Governor's 
Office of Budget and Planning, the Legislative Budget Board, and, 
subject to Subsection (c), the state auditor, the office shall 
develop a model for funding the office from a portion of the money 
appropriated for projects selected under Section 2055.101, 
including staff necessary for the office.
	(b)  The department may include in its appropriations 
request a proposal for funding projects selected under Section 
2055.101.
	(c)  Participation by the state auditor under Subsection (a) 
is subject to approval by the legislative audit committee for 
inclusion in the audit plan under Section 321.013(c).

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 785, § 29, eff. Sept. 
1, 2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 1246, 
§ 21, see § 2055.057, post.




	§ 2055.057. FUNDING FOR PROGRAM MANAGEMENT OFFICE AND 
CERTAIN PROJECTS.   

Text of section as amended by Acts 2003, 78th Leg., ch. 1246, § 
21
	(a)  In coordination with the governor and the quality 
assurance team, the department shall develop a model for funding 
consortia projects and the office from a portion of the money 
appropriated for projects selected under Section 2055.101, 
including funding staff necessary for the office.  The model must:
		(1)  describe how to provide the office with the 
staffing and other resources necessary for the office to manage the 
projects it selects;  and
		(2)  establish savings, cost avoidance, and other 
values that result from the consortia projects.
	(b)  The department, in coordination with the quality 
assurance team, shall recommend to the Legislative Budget Board and 
the governor a proposal for funding consortia projects selected 
under Section 2055.101.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1246, § 21, eff. 
Sept. 1, 2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 785, 
§ 29, see § 2055.057, ante.


	§ 2055.058. TEXASONLINE.  (a) The division of the 
department with responsibility for TexasOnline shall coordinate 
the ongoing development of TexasOnline with the office.
	(b)  The office shall promote the use of TexasOnline by state 
agencies.      

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     


	§ 2055.060. PERFORMANCE MEASURES.  The department shall 
consult with the Legislative Budget Board to establish a 
performance measure for the office to identify and measure the 
value provided to projects selected under Section 2055.101, 
including the amount of savings, cost avoidance, and other return 
on investment criteria that the office achieves.

Added by Acts 2003, 78th Leg., ch. 1246, § 22, eff. Sept. 1, 
2003.       

SUBCHAPTER C. MANAGEMENT OF ELECTRONIC GOVERNMENT PROJECTS


	§ 2055.101. SELECTION OF ELECTRONIC GOVERNMENT 
PROJECTS.                  

Text of subsection (a) as amended by Acts 2003, 78th Leg., ch. 785, 
§ 30
	(a)  The office, in coordination with the governor, the 
Legislative Budget Board, and, subject to Subsection (d), the state 
auditor, shall develop selection criteria for the type of 
electronic government projects that require direct oversight by the 
office.  The criteria must include:
		(1)  issues related to interagency cooperation and 
implementation;          
		(2)  costs, including reimbursement strategies;                               
		(3)  requirements for authentication and security 
implications;  and        
		(4)  the state's strategic vision regarding electronic 
government projects. 

Text of subsection (a) as amended by Acts 2003, 78th Leg., ch. 1246, 
§ 24
	(a)  The department, in coordination with the governor and 
the quality assurance team, shall develop selection criteria for 
the type of electronic government projects that require direct 
oversight by the office.  The criteria must include:
		(1)  issues related to interagency cooperation and 
implementation;          
		(2)  costs, including reimbursement strategies;                               
		(3)  requirements for authentication and security 
implications;  and        
		(4)  the state's strategic vision regarding electronic 
government projects. 
	(b)  The office shall submit the criteria developed under 
Subsection (a) to the department.  The department shall adopt the 
criteria by rule.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch. 785, 
§ 30
	(c)  Based on any selection criteria adopted under 
Subsection (b) and in coordination with the governor, the 
Legislative Budget Board, and, subject to Subsection (d), the state 
auditor, the office may select proposed or existing electronic 
government projects.

Text of subsection (c) as amended by Acts 2003, 78th Leg., ch. 1246, 
§ 24
	(c)  Based on any selection criteria adopted under 
Subsection (b), the department may select proposed or existing 
electronic government projects, including consortia projects.
	(d)  Participation by the state auditor under Subsections 
(a) and (c) is subject to approval by the legislative audit 
committee for inclusion in the audit plan under Section 321.013(c).

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 785, § 30, eff. Sept. 
1, 2003;  Acts 2003, 78th Leg., ch. 1246, § 24, eff. Sept. 1, 
2003.


	§ 2055.102. APPEAL OF SELECTION.  (a) A state agency that 
disagrees with the selection of an electronic government project 
under Section 2055.101 may appeal to the executive director of the 
department.  If the agency disagrees with the executive director's 
decision, the agency may then appeal to the board.  If the agency 
disagrees with the board's decision, the agency may then appeal to 
the governor.  The governor's decision regarding selection is 
final.
	(b)  The department by rule shall adopt appeal procedures.                     

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     


	§ 2055.103. USE OF TEXASONLINE.  (a) To the extent 
possible, the office shall use TexasOnline for electronic 
government projects that it manages.
	(b)  The office shall evaluate current and potential 
electronic government projects to determine whether they are 
suitable for TexasOnline.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     


	§ 2055.104. ENTERPRISE RESOURCE PLANNING;  USE OF OFFICE 
REQUIRED.  (a) As used in this section, "enterprise resource 
planning" includes the administration of an entity's:
		(1)  general ledger;                                                          
		(2)  accounts payable;                                                        
		(3)  accounts receivable;                                                     
		(4)  budgeting;                                                               
		(5)  inventory;                                                               
		(6)  asset management;                                                        
		(7)  billing;                                                                 
		(8)  payroll;                                                                 
		(9)  projects;                                                                
		(10)  grants;  and                                                            
		(11)  human resources, including performance measures, 
time spent on tasks, and other personnel and labor issues.
	(b)  In coordination with the Health and Human Services 
Commission and the comptroller, the office shall establish 
standards for implementing an electronic government project for 
enterprise resource planning systems in this state.  The standards 
must build on the models developed by the commission.
	(c)  A state agency that chooses to implement or modify an 
electronic government project for an enterprise resource planning 
system must comply with the standards developed by the office under 
this section.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     


	§ 2055.105. ONLINE SERVICE FOR NEW BUSINESSES.  (a) The 
office, with assistance from the business permit office of the 
Texas Department of Economic Development and any other affected 
state agencies, shall develop and implement a plan for the creation 
of an electronic government project to provide new businesses in 
this state a single source for information and permitting.
	(b)  The project must:                                                         
		(1)  be integrated with TexasOnline;  and                                     
		(2)  provide comprehensive and relevant information 
for a new business, including:
			(A)  steps and information necessary to start a 
new business;              
			(B)  general business regulations;                                           
			(C)  information on licensing and permitting;  and                           
			(D)  relevant telephone numbers and Internet 
addresses for seeking further information.
	(c)  The Texas Department of Economic Development, secretary 
of state, Texas Natural Resource Conservation Commission, Texas 
Department of Licensing and Regulation, Texas Department of 
Transportation, comptroller, and any other state agency involved in 
issuing permits to new businesses shall assist the office in the 
development and operation of the project.
	(d)  State agencies shall cooperate with the office to 
structure their procedures to facilitate participation in the 
project.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     

SUBCHAPTER D. ADDITIONAL PLANNING, OVERSIGHT, AND REPORTS


	§ 2055.151. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT 
OFFICE ADVISORY COMMITTEE.  (a) The board shall create an 
Electronic Government Program Management Office Advisory Committee 
under Section 2054.033 to provide ongoing direction for the 
operation of the office.
	(b)  The board shall appoint not more than 15 members to the 
committee.  The committee must include:
		(1)  one member from a large state agency;                                    
		(2)  one member from a small state agency;                                    
		(3)  one member from a state agency not described by 
Subdivision (1) or (2);
		(4)  one member from a local government;                                      
		(5)  one member from an institution of higher 
education;                    
		(6)  one member from the comptroller's office;                                
		(7)  one member from the governor's office;                                   
		(8)  one member from the state auditor's office;                              
		(9)  one member from the Legislative Budget Board;  and                       
		(10)  at least two public members, including one member 
who represents a business.
	(c)  The committee shall assist the office to:                                 
		(1)  establish:                                                               
			(A)  procedures;                                                             
			(B)  project priorities;  and                                                
			(C)  reporting requirements;  and                                            
		(2)  provide:                                                                 
			(A)  guidance, direction, and perspective about 
the office's operations;  and
			(B)  recommendations for implementing electronic 
government projects in this state.
	(d)  A governmental member of the committee may be reimbursed 
for expenses only from money available to the governmental entity 
the member represents.
	(e)  Participation by the state auditor on the committee is 
subject to approval by the legislative audit committee for 
inclusion in the audit plan under Section 321.013(c).

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 785, § 31, eff. Sept. 
1, 2003.


	§ 2055.152. STRATEGIC AND BIENNIAL OPERATING PLANS.  The 
office shall review state agency plans prepared under Sections 
2054.095 and 2054.100 to:
		(1)  identify electronic government projects that 
should be selected by the office for management;  and
		(2)  recommend any changes to those plans or the 
instructions for those plans to ensure that electronic government 
projects are consistent with the state strategic plan.

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.     


	§ 2055.153. REPORTS ON ELECTRONIC GOVERNMENT PROJECTS.                      

Text of subsection (a) as amended by Acts 2003, 78th Leg., ch. 785, 
§ 32
	(a)  In coordination with the quality assurance team of the 
Legislative Budget Board and, subject to Subsection (c), the state 
auditor, the office shall establish a state agency reporting system 
that requires state agencies to report to the office on:
		(1)  electronic government projects selected under 
Section 2055.101 so that the office may effectively monitor those 
projects;  and
		(2)  all other electronic government projects for that 
agency.              

Text of subsection (a) as amended by Acts 2003, 78th Leg., ch. 1246, 
§ 25
	(a)  The department shall establish a state agency reporting 
system that requires state agencies to report to the office on:
		(1)  electronic government projects selected under 
Section 2055.101 so that the office may effectively monitor those 
projects;  and
		(2)  all other electronic government projects for that 
agency.              
	(b)  The reports established under Subsection (a)(1) must 
include an analysis of:
		(1)  efficiencies achieved by the project;                                    
		(2)  costs and benefits;  and                                                 
		(3)  the scope of the project, including persons 
affected by the project.   
	(c)  Participation by the state auditor under Subsection (a) 
is subject to approval by the legislative audit committee for 
inclusion in the audit plan under Section 321.013(c).

Added by Acts 2001, 77th Leg., ch. 1272, § 1.01, eff. June 15, 
2001.  Amended by Acts 2003, 78th Leg., ch. 785, § 32, eff. Sept. 
1, 2003;  Acts 2003, 78th Leg., ch. 1246, § 25, eff. Sept. 1, 
2003.


	§ 2055.154. REPORT ON FUNDING MODEL AND PERFORMANCE 
MEASURES.  The office shall track its progress against the funding 
model established under Section 2055.057 and the performance 
measures established under Section 2055. 060.  The office shall 
regularly report on the progress to:
		(1)  each state agency with a project selected under 
Section 2055.101;      
		(2)  the quality assurance team;                                              
		(3)  the governor;                                                            
		(4)  the speaker of the house of representatives;                             
		(5)  the lieutenant governor;  and                                            
		(6)  the presiding officer of each committee in the 
legislature with primary oversight over the department.

Added by Acts 2003, 78th Leg., ch. 1246, § 26, eff. Sept. 1, 
2003.       

SUBCHAPTER E. GRANTS ASSISTANCE PROJECT


	§ 2055.201. DEFINITION.  In this subchapter, "state grant 
assistance" means assistance provided by a state agency that is 
available to a resident of this state, another state agency, a local 
government, or a nonprofit or faith-based organization, including a 
grant, contract, loan, loan guarantee, cooperative agreement, or 
direct appropriation, property, or another method of disbursement.

Added by Acts 2005, 79th Leg., ch. 862, § 2, eff. Sept. 1, 2005.           


	§ 2055.202. ESTABLISHMENT OF PROJECT.  The department 
shall establish an electronic government project to develop an 
Internet website accessible through TexasOnline that:
		(1)  provides a single location for state agencies to 
post electronic summaries of state grant assistance opportunities 
with the state agencies;
		(2)  enables a person to search for state grant 
assistance programs provided by state agencies;
		(3)  allows, when feasible, electronic submission of 
state grant assistance applications;
		(4)  improves the effectiveness and performance of 
state grant assistance programs;
		(5)  streamlines and simplifies state grant assistance 
application and reporting processes;  and
		(6)  improves the delivery of services to the public.                         

Added by Acts 2005, 79th Leg., ch. 862, § 2, eff. Sept. 1, 2005.           


	§ 2055.203. ESTABLISHING AND OPERATING PROJECT;  
COORDINATION.  (a)  In establishing and operating the electronic 
government project under this subchapter, the department, in 
coordination with the office of the governor, shall direct, 
coordinate, and assist state agencies in establishing and using: 
		(1)  a common electronic application and reporting 
system, including:       
			(A)  a standard format for announcing state grant 
assistance opportunities;
			(B)  standard data elements for use in creating 
state grant assistance opportunity announcement summaries, 
including existing electronic grants programs and search 
functions;  and
			(C)  a common application form for a person to use 
in applying for state grant assistance from multiple state grant 
assistance programs that serve similar purposes and are 
administered by different state agencies;  and
		(2)  an interagency process for:                                              
			(A)  improving interagency and intergovernmental 
coordination of information collection and sharing of data between 
persons responsible for delivering services relating to a state 
grant assistance program;  and
			(B)  improving the timeliness, completeness, and 
quality of information received by a state agency from a recipient 
of state grant assistance.
	(b)  A state agency shall provide the department and the 
office of the governor financial and functional information about 
any existing or potential systems that in any way provide the 
functions described in Section 2055.202.

Added by Acts 2005, 79th Leg., ch. 862, § 2, eff. Sept. 1, 2005.           


	§ 2055.204. USE OF ELECTRONIC GRANT SYSTEM.  (a) A state 
agency may not expend appropriated money to implement or design a 
new system that provides the functions described in Section 
2055.202 without obtaining prior approval from the executive 
director.
	(b)  The executive director shall determine whether to 
approve a state agency's continued operation of an existing system 
or to integrate the system into the project created under this 
subchapter.  The executive director may provide conditional 
approval of ongoing expenditures while developing appropriate 
project plans and funding models for the project.
	(c)  A state agency shall incorporate common grant 
application forms developed under Section 2055.203 into the 
agency's grant application and review processes.
	(d)  If the department determines that money should be 
consolidated in the development of this project, the department 
shall provide a funding model to the Legislative Budget Board and 
the governor as required by Section 2055.057.  A state agency with 
an existing system approved or conditionally approved under 
Subsection (b) is exempt from this subsection.

Added by Acts 2005, 79th Leg., ch. 862, § 2, eff. Sept. 1, 2005.           


	§ 2055.205. EXEMPT AGENCIES.  (a) The executive director 
may exempt a state agency or state grant assistance program from the 
requirements of this subchapter if the executive director 
determines that the state agency does not have a sufficient number 
of state grant assistance programs.
	(b)  The governor, with the assistance of the department, 
shall make a list of exempted agencies and information about 
programs exempted from this subchapter available to the public 
through the office of the governor's Internet website.

Added by Acts 2005, 79th Leg., ch. 862, § 2, eff. Sept. 1, 2005.