Part 10.
DEPARTMENT OF INFORMATION RESOURCES
Chapter 201.
PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
1 TAC §201.17
The Department of Information Resources (department) proposes
the amendment of 1 T.A.C. §201.17, concerning advisory committees. The
purpose of the amendment is to add the Electronic Government Program Management
Office (PMO) Advisory Committee, the e-Procurement Advisory Committee and
Uniform Electronic Transactions Act (UETA) Task Force to the department's
advisory committees, as required by Texas Government Code, chapter 2110. To
do this, the department proposes amending the text of the existing rule, which
establishes the State Strategic Plan for Information Resources Management
Advisory Committee, to become subsection (a), adding the PMO Advisory Committee
as subsection (b), adding the e-Procurement Advisory Committee as subsection
(c) and adding the UETA Task Force as subsection (d) of 1 T.A.C. §201.17.
Texas Government Code § 2055.151, which became effective June 15,
2001, requires the department board to create the PMO Advisory Committee pursuant
to the statutory authority granted in Texas Government Code, §2054.033.
This advisory committee is directed by Texas Government Code §2055.151(a)
to provide ongoing direction for the operation of the department's program
management office. To comply with these statutes, the department proposes
1 T.A.C. §201.17(b)(1), which sets forth the number of members on the
advisory committee; §201.17(b)(2), which sets forth the duration of the
advisory committee; §201.17(b)(3), which sets forth the responsibilities
of the advisory committee; §201.17(b)(4), which provides that the advisory
committee shall meet at least annually, at the call of the program management
office division director; and §201.17(b)(5), which provides that the
program management office division director shall establish the agendas for
the meetings of the advisory committee. Proposed §201.17(b)(6) and 201.17(b)(7)
provide that the department may provide facilitators for the meetings of the
advisory committee and may provide staff for the meetings. Proposed §201.17(b)(8)
provides that the department may reimburse non-government employee members
of the advisory committee for their expenses associated with attending advisory
committee meetings. Proposed §201.17(b)(9) sets forth how the advisory
committee will report to the department.
The department and the Texas Building and Procurement Commission have certain
responsibilities regarding the establishment of an e-Procurement system for
use by state agencies. The department has created the e-Procurement Advisory
Committee to advise it concerning successful implementation of an e-Procurement
system. Proposed §201.17(c)(1) sets forth the number of members of the
advisory committee. Proposed §201.17(c)(2) specifies the term of the
advisory committee. The responsibilities of the advisory committee are set
forth in proposed §201.17(c)(3). Proposed §201.17(c)(4) requires
that the advisory committee meet at least annually at the call of the program
management office e-Procurement project manager. Proposed §201.17(c)(5)
provides that the department's e-Procurement project manager shall establish
the agendas for the meetings of the advisory committee. Proposed §201.17(c)(6)
and 201.17(c)(7) authorize the department to provide facilitators and to have
staff attend the advisory committee meetings at the discretion of the department.
Proposed §201.17(c)(8) provides that the department may reimburse expenses
incurred by non-government employee members of the advisory committee if those
expenses are related to the work of the advisory committee. Proposed §201.17(c)(9)
establishes the reporting mechanism for the advisory committee to the department.
UETA became effective January 1, 2002. The law is codified in Business &
Commerce Code, chapter 43. Business & Commerce Code §43.017 authorizes
the department and the Texas State Library & Archives Commission (commission)
to specify, by rule, for agencies that use electronic records and electronic
signatures pursuant to Business & Commerce Code §43.017(a): (1) the
manner and format in which the electronic records must be created, generated
sent, communicated, received, and stored and the systems established for those
purposes; (2) if the electronic records must be signed by electronic means,
the type of electronic signature required, the manner and format in which
the electronic signature must be affixed to the electronic record, and the
identity of, or criteria that must be met by any third party used by a person
filing a document to facilitate the process; (3) control processes and procedures
as appropriate to ensure adequate preservation, disposition, integrity, security,
confidentiality, and auditability of electronic records; and (4) any other
required attributes for electronic records which are specified for corresponding
non-electronic records or reasonably necessary under the circumstances. The
UETA Task Force has been created to assist both the department and the commission
with the creation of such rules.
Proposed 1 T.A.C. §201.17(d)(1) sets forth the size of the task force.
Proposed §201.17(d)(2) sets forth the term of the task force. Proposed
subsection (d)(3) sets forth the responsibilities of the UETA Task Force,
and proposed subsection (d)(4) provides that the task force shall meet monthly
unless it is determined otherwise by the task force chairman. Proposed §201.17(d)(5)
provides that the department and the task force chairman shall determine the
agendas for meetings. Proposed subsection (d)(6) and (7) authorize the department
to provide facilitators for the meetings and to have department staff attend
the meetings of the task force. Expense reimbursement is not allowed for task
force members as set forth in proposed §201.17(d)(8). Proposed subsection
(d)(9) requires the task force to summarize its work for the department by
the end of the term of the task force.
Because the department is not currently authorized to reimburse travel
expenses incurred by members of the new advisory committees, Mr. Larry Zeplin,
the department's chief operating officer, has determined that for each year
of the first five years the amended rule will be in effect, the fiscal implication
for state government as a result of enforcing or administering the proposed
amendments to §201.17 is that state agencies that have members on the
advisory committees must absorb any travel expenses their employees incur
in serving on the advisory committees. Mr. Zeplin anticipates those costs
will be minimal, because the current state agency members of the advisory
committees work in Austin where most, if not all, of the advisory committees
meetings will occur. The state agencies with members on the advisory committees
could incur travel costs if the advisory committees meet outside of Austin.
Mr. Zeplin is unable to specify those costs, because they will vary based
on where the meetings are held. State agencies with members on the advisory
committees will incur the indirect cost associated with losing productivity
of the employees with respect to the work of their state agencies while the
employees are working on advisory committee issues. These costs will vary
based on the compensation paid to the advisory committee member by his or
her employing state agency, and the amount of time spent on advisory committee
work. Mr. Zeplin believes these costs will be offset by the value to the employing
state agency of the work done by the advisory committees on issues affecting
all state agencies.
There will be no foreseeable fiscal implications for most local governments
as a result of enforcing or administering the proposed rule. There are several
local government members of the proposed advisory committees from outside
Austin. These advisory committee members will incur travel costs in attending
advisory committee meetings. It is likely the travel costs will be reimbursed
to the advisory committee members by the local governments for which they
work. Mr. Zeplin is unable to specifically identify those costs, because they
will vary based on the location from which each local government advisory
committee member travels. Local governments that employ advisory committee
members will incur the indirect cost associated with losing productivity of
the employees for local government work issues while the local government
employees are working on advisory committee issues. These costs will vary
based on the compensation paid to the advisory committee member by his or
her employing local government, and the amount of time spent on advisory committee
work. Mr. Zeplin believes these costs will be offset by the value to the employing
local government of the work done by the advisory committees on issues potentially
affecting local government.
Mr. Zeplin has determined that for each year of the first five years the
amended rule will be in effect, the benefit to the public will be the establishment
of advisory committees to assist the department with certain of its responsibilities
under state law.
Mr. Zeplin believes there will be no effect on small businesses, and there
is no additional anticipated economic cost to persons who are required to
comply with the amended rule.
Comments on the proposed amendment to §201.17 may be submitted to
Renee Mauzy, General Counsel, Department of Information Resources, via mail
to P.O. Box 13564, Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us
no later than 5:00 p.m., within 30 days after publication.
The amendment is proposed under Texas Government Code §2054.052(a),
which authorizes the department to adopt rules as necessary to carry out its
responsibility under the Information Resources Management Act, Texas Government
Code §2054.033, which authorizes the department to appoint advisory committees
to provide assistance, Texas Government Code §2110.005, which requires
that a state agency that establishes an advisory committee shall state the
purpose and tasks of the advisory committee, and how it will report to the
state agency, by rule, Business & Commerce Code §43.017, which authorizes
the department to specify, by rule, certain requirements relating to the acceptance
of electronic records and electronic signatures by state agencies, and Texas
Government Code §2055.151(a) which requires the department to appoint
an advisory committee to provide ongoing direction for the operation of the
Program Management Office.
Texas Government Code §2054.091 and 2055.151(a) and Business &
Commerce Code §43.017 are affected by the proposed amendment.
§201.17. Advisory Committees.
(a)
State Strategic Plan for Information Resources
Management Advisory Committee.
(1)
This advisory committee shall consist of at least nine
and not more than 24 members appointed by the department Executive Director
with the approval of the board. Members should have demonstrated the ability
to think strategically and to work in a consensus building, committee setting.
The membership will include at least:
(A)
two information resources managers from Texas state agencies
other than a university system or institution of higher education as defined
in Education Code, §61.003;
(B)
one representative from a state university system or institution
of higher education as defined in Education Code, §61.003;
(C)
one resident of the state that is not currently employed
by the state and is not employed in the computing and/or telecommunications
field;
(D)
one representative from a local government organization
in the state that is knowledgeable about computing and/or telecommunications;
(E)
two representatives from the computing and/or telecommunications
industry but whose company does not sell computing or telecommunications services
or products to the state;
(F)
one representative from an organization that sells computing
and/or telecommunications services or products to the state;
(G)
one representative from a federal agency that is knowledgeable
about computing and/or telecommunications.
(2)
This advisory committee shall be appointed after November
30 of every odd-numbered year for a term to expire on November 30 of the following
odd-numbered year.
(3)
This advisory committee shall:
(A)
review and advise on the development of the State Strategic
Plan for Information Resources Management as it is prepared for publication
pursuant to the Information Resources Management Act, Texas Government Code
Annotated, Chapter 2054;
(B)
meet at least once during its term;
(C)
develop a strategic vision of what the future of computing
and telecommunications technology is for state government as a whole.
(4)
The department may elect to provide professional facilitation
for any meetings the Advisory Committee may hold.
(5)
The department may elect to have department staff present
at Advisory Committee meetings.
(6)
The department will set the agenda of all Advisory Committee
meetings.
(7)
The department may reimburse committee members for travel
expenses related to attending committee meetings.
(b)
Electronic Government Program
Management Office Advisory Committee.
(1)
This advisory committee shall consist of at least eleven
and not more than fifteen members appointed by the board and must include
the member categories specified in Texas Government Code, §2055.051(b).
(2)
This advisory committee was appointed October 4, 2001 for
a term to expire on August 31, 2005.
(3)
This advisory committee shall:
(A)
provide ongoing direction for the operation of the program
management office;
(B)
assist the program management office to establish procedures,
project priorities and reporting requirements;
(C)
assist the program management office to provide guidance,
direction and perspective about the operation of the program management office;
(D)
assist the Program Management Office to provide recommendations
for implementing electronic government projects in Texas.
(4)
This advisory committee shall meet at least annually at
the call of the program management office division director.
(5)
The program management office division director shall set
the agenda for meetings of the Electronic Government Program Management Office
Advisory Committee.
(6)
The department may provide professional facilitation for
any meetings of the Electronic Government Program Management Office Advisory
Committee.
(7)
The department may have staff present at Electronic Government
Program Management Office Advisory Committee meetings.
(8)
The department may reimburse expenses incurred by advisory
committee members who are not employed by state agencies or local government.
(9)
The Electronic Government Program Management Office Advisory
Committee shall report to the program management office division director
by June 1st each year. Unless otherwise directed by the program management
office division director, the report shall summarize the work done by the
advisory committee during the preceding twelve month period and shall make
recommendations as to the work proposed to be done for the program management
office during the next twelve month period.
(c)
e-Procurement Advisory Committee.
(1)
This advisory committee consists of no more than twenty-four
members.
(2)
This advisory committee was appointed April 30, 2002 for
a term to expire August 31, 2004.
(3)
This advisory committee shall:
(A)
advise the department on implementation of e-Procurement;
(B)
provide recommendations and guidance on the e-Procurement
project;
(C)
participate in issue resolution;
(D)
champion the e-Procurement project, excluding any effort
to influence legislation;
(E)
review documents requiring advisory committee approval
within three business days of receipt of the documents;
(F)
identify statutory, rule and procedural changes required
to successfully implement the e-Procurement project;
(G)
ensure stakeholder groups are identified and included in
the requirements validation and specification reviews associated with the
e-Procurement project;
(H)
participate in the evaluation of proposals for an e-Procurement
solution; and
(I)
assist with contract negotiation with selected e-Procurement
vendors if requested to do so by the program management office e-Procurement
project manager.
(4)
This advisory committee shall meet at least annually at
the call of the program management office e-Procurement project manager.
(5)
The program management office e-Procurement project manager
shall set the agenda for meetings of the advisory committee.
(6)
The department may provide professional facilitation for
any meetings of the e-Procurement Advisory Committee.
(7)
The department may have staff present at e-Procurement
Advisory Committee meetings.
(8)
The department may reimburse expenses incurred by advisory
committee members who are not employed by state agencies or local government.
(9)
This advisory committee shall report to the department
by June 1st each year. Unless otherwise directed by the program management
office e-Procurement project manager, the report shall summarize the work
done by the Advisory Committee during the preceding twelve month period and
shall make recommendations as to the work proposed to be done for the program
management office during the next twelve month period.
(d)
Uniform Electronic Transactions
Act Task Force.
(1)
This advisory committee consists of no more than twenty-four
members.
(2)
This advisory committee was appointed April 2, 2002 for
a term to expire December 31, 2002.
(3)
This advisory committee shall advise the department concerning
rules the department may consider adopting pursuant to Business & Commerce
Code §43.017 that relate to:
(A)
the manner and format in which the electronic records must
be created, generated sent, communicated, received, and stored and the systems
established for those purposes;
(B)
if the electronic records must be signed by electronic
means, the type of electronic signature required, the manner and format in
which the electronic signature must be affixed to the electronic record, and
the identity of, or criteria that must be met by any third party used by a
person filing a document to facilitate the process;
(C)
control processes and procedures as appropriate to ensure
adequate preservation, disposition, integrity, security, confidentiality,
and auditability of electronic records; and
(D)
any other required attributes for electronic records which
are specified for corresponding non-electronic records or reasonably necessary
under the circumstances.
(4)
This advisory committee shall meet monthly during its term
unless otherwise determined by its chairman.
(5)
The department and the advisory committee chairman shall
determine the agenda for each meeting of the advisory committee.
(6)
The department may provide professional facilitation for
any meetings of the Uniform Electronic Transactions Act Task Force.
(7)
The department may have staff present at meetings of the
Uniform Electronic Transactions Act Task Force.
(8)
The department may not reimburse the expenses of task force
members in attending meetings.
(9)
The Uniform Electronic Transactions Act Task Force shall
report to the department by December 31, 2002, summarizing the work of the
advisory committee during its term.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 29, 2002.
TRD-200203329
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 475-2153
Chapter 207.
TELECOMMUNICATIONS SERVICES DIVISION