Part 10.
DEPARTMENT OF INFORMATION RESOURCES
Chapter 201.
PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
1 TAC §201.18
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Information Resources or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Department of Information Resources (department)
proposes to repeal 1 TAC §201.18, Purchases of Commodity Software Items,
because it will be replaced by new rule chapter 1 TAC Chapter 212, Purchases
of Commodity Items. The Department intends to publish for public comment Chapter
212 by separate action. The repeal is proposed pursuant to §2157.068(f),
Government Code, as amended by H.B. No. 1516, 79th Legislature, which authorizes
the department to adopt rules regulating the purchase by a state agency of
commodity items, and §2054.052(a), Government Code, the department's
general rulemaking authority.
Mr. Brian S. Rawson, Director of the Service Delivery Division for the
department, has determined that there will be no fiscal implications for state
or local government if 1 TAC §201.18 is repealed. The public will benefit
by the repeal of unnecessary regulations.
Mr. Rawson believes there will be no different effect on small businesses
than there is on large businesses and that there is no additional anticipated
economic cost to persons if the rule is repealed.
Comments on the proposed repeal of 1 TAC §201.18 may be submitted
to Cynthia Kreider, Contracts Attorney, Department of Information Resources,
via mail to P.O. Box 13564, Austin, Texas 78711, or electronically to cynthia.kreider@dir.state.tx.us
no later than 5:00 p.m. CST, within 30 days after publication.
The repeal is proposed under §2157.068(f), Texas Government
Code, as amended by H.B. No. 1516, 79th Legislature and §2054.052(a),
Government Code.
Texas Government Code, Chapter 2157 is affected by the proposed repeal.
§201.18.Purchases of Commodity Software Items.
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 June 29, 2005.
TRD-200502685
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: August 14, 2005
For further information, please call: (512) 936-6448
1 TAC §210.1
The Department of Information Resources (department) proposes
to publish for public comment the amendment of 1 TAC §210.1, relating
to TexasOnline definitions. The department proposes to amend the rule to delete
the definitions of authority and division and to delete the definition of
an occupational license.
The changes to the rule are authorized by §2054.052(a), Texas Government
Code, which authorizes the department to adopt rules necessary to implement
its responsibilities under the Information Resources Management Act. Changes
to the definitions are proposed due to legislation enacted by the 79th Legislature
in House Bill 2048, which transferred the responsibilities of the TexasOnline
Authority to the department and House Bill 2593, which repealed references
to the TexasOnline Division.
Brian Rawson, Director of Service Delivery for the department, has determined
that there will be no fiscal implications for state or local government if
the amendment proposed to §210.1 is adopted. The public will benefit
by the adoption.
Mr. Rawson believes there will be no different effect on small businesses
than there is on large businesses.
Comments on the proposed amendment of 1 TAC §210.1 may be submitted
to Renée 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. CT, within 30 days after publication.
The amendment is proposed under §2054.052(a), Texas Government
Code.
Chapter 2054, Subchapter I, Texas Government Code, is affected by the proposed
amendment.
§210.1.TexasOnline Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
[(1)
Authority--the TexasOnline Authority
created in Subchapter I, Chapter 2054, Texas Government Code.]
(1)
[
(2)
[
[(4)
Division--the TexasOnline division created
by the department pursuant to §2054.264, Texas Government Code. ]
(3)
[
(4)
[
(5)
Occupational license--a license, certificate,
registration, permit, or other form of authorization, including a renewal
of the authorization, that a person must obtain to practice or engage in a
particular business, occupation, or profession; or a facility must obtain
before a particular business, occupation, or profession is practiced or engaged
in within the facility.
[(7)
Occupational license--a license, certificate,
registration or other form of authorization that a person must obtain to practice
or engage in a particular business, occupation or profession.]
(6)
[
(7)
[
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 June 29, 2005.
TRD-200502683
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: August 14, 2005
For further information, please call: (512) 936-6448
1 TAC §210.2
The Department of Information Resources (department) proposes
to publish for public comment the amendment of 1 TAC §210.2, relating
to TexasOnline license holder profile fees. The department proposes to amend
the rule to delete an unnecessary date, cover issuance of licenses in addition
to the renewal of licenses through TexasOnline, delete the requirement in
subsection (b) that state agency licensing entities that collect the cost
of the profile system from licensees begin collecting the fees as soon as
reasonably possible, and to authorize state agency licensing entities that
opt to establish an online license holder profile system to cover the cost
of the online service from licensees or from money otherwise available to
the licensing entities.
The changes to the rule are authorized by §2054.052(a), Texas Government
Code, which authorizes the department to adopt rules necessary to implement
its responsibilities under the Information Resources Management Act. The proposed
deletion of the requirement that licensing entities begin collecting the fees
from licensees as soon as reasonably possible is required because of §6
of House Bill 2048 and §3 of House Bill 2593, enacted by the 79th Legislature.
These sections amend §2054.252(e), Government Code, to prohibit the department
from charging subscription fees until the service for which the fee is charged
is available on the Internet.
Brian Rawson, Director of Service Delivery for the department, has determined
that there will be no fiscal implications for state or local government if
the amendment proposed to §210.2 is adopted. The public will benefit
from greater clarity of the rule if the amendment is adopted.
Mr. Rawson believes there will be no different effect on small businesses
than there is on large businesses if the amendment is adopted.
Comments on the proposed amendment of 1 TAC §210.2 may be submitted
to Renée 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. CT, within 30 days after publication.
The amendment is proposed under §2054.052(a), Texas Government
Code.
Chapter 2054, §2054.252 and §2054.2606, Texas Government Code,
are affected by the proposed amendment.
§210.2.TexasOnline License Holder Profile Fees.
(a)
Each licensing entity identified in §2054.2606(a),
Government Code that is required to establish a license holder profile system
shall[
(b)
Each state agency licensing entity that opts to establish
a license holder profile system pursuant to §2054.2606(b), Government
Code, shall collect five dollars annually per license
issuance or
renewal
fee payable by each license holder about whom or which information is available
through the profile system. The five dollar
fee may be collected through
increasing the license issuance and renewal fees by five dollars per license
holder, by the licensing entity covering the fee from other revenues rather
than by increasing license issuance and renewal fees, or by a combination
of increasing license issuance and renewal fees by less than five dollars
per license holder and covering a portion of the five dollars per license
holder from other revenues of the licensing entity
[
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 June 29, 2005.
TRD-200502684
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: August 14, 2005
For further information, please call: (512) 936-6448
The Department of Information Resources (department) proposes to publish
for public comment 1 TAC Chapter 212, §§212.1, 212.10 - 212.12,
and 212.20 - 212.23, in its entirety, as the new rules necessary to implement
Section 1.08, H.B. 1516, 79th Legislature, which amends §2157.068, Texas
Government Code. This act of the 79th Legislature has become law, but has
not yet taken effect. Currently, §2157.068, Texas Government Code, limits
state agency purchases of commodity items to software. The legislative amendment
expands the state agency purchase of commodity items to also include hardware
or technology services. The department intends to publish repeal of existing
Software Commodity Rule 201.18 by separate action. In new Chapter 212, there
are three subchapters. Subchapter A, §212.1 is a definition section.
Subchapter B, §§212.10 - 212.12 govern required purchases and the
establishment and maintenance of a list of the commodity items. Subchapter
C, §§212.20 - 212.23 establish a commodity purchase rule exemption
application and approval process. The department is cooperating with other
state agencies in the development of 1 TAC Chapter 212. These rules are promulgated
to implement Section 1.08 of H.B. 1516, 79th Legislature, which amends §2157.068,
Government Code, effective September 1, 2005, and in subsection (f) of §2157.068,
Government Code, authorizes adoption of rules to regulate commodity purchases
by state agencies. Further, the department is promulgating these rules to
implement §2001.006(b), Texas Government Code, which authorizes rulemaking
activities for legislation that has become law but is not yet in effect.
Mr. Brian S. Rawson, Director of the Service Delivery Division for the
department, has determined that there will be no fiscal implications for state
or local government if the rules are adopted. The public will benefit by the
adoption.
Mr. Rawson believes there will be no different effect on small businesses
than there is on large businesses and that there is no additional anticipated
economic cost to persons if the rules are adopted.
Comments on the proposed adoption of 1 TAC Chapter 212, §§212.1,
212.10 - 212.12, and 212.20 - 212.23, may be submitted to Cynthia Kreider,
Contracts Attorney, Department of Information Resources, via mail to P.O.
Box 13564, Austin, Texas 78711, or electronically to cynthia.kreider@dir.state.tx.us
no later than 5:00 p.m. CST, within 30 days after publication.
Subchapter A. DEFINITIONS
1 TAC §212.1
The new rule is proposed under §2157.068(f), Texas Government
Code, as amended in Section 1.08, H.B. No. 1516, 79th Legislature, effective
September 1, 2005, and §2001.006 (b), Texas Government Code, which authorizes
necessary rulemaking actions for legislation that has become law but has not
yet taken effect.
§212.1.Commodity Items Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Commodity items--commercially available Software, Hardware
and Technology Services that are generally available to businesses or the
public and for which the department determines that a reasonable demand exists
in two or more state agencies.
(2)
Software--commercially available programs that operate
hardware. The term includes all supporting documentation, media on which the
software may be contained or stored, related materials, modifications, versions,
upgrades, enhancements, updates or replacements.
(3)
Hardware--the physical technology used to process, manage,
store, transmit, receive or deliver information. The term does not include
software.
(4)
Technology services--all the services, functions and activities
that facilitate the design, implementation, creation, or use of software or
hardware. The term includes seat management, staffing augmentation, training,
maintenance and subscription services. The term does not include telecommunications
services.
(5)
Seat management--services through which a state agency
transfers its responsibilities to a vendor to manage its personal computing
needs, including all necessary Hardware, Software and Technology Services.
(6)
Purchase--to obtain ownership, any rights with respect
to the use, transfer of ownership, or delivery of commodity items through
acquisition, lease or any other method.
(7)
State agency--a department, commission, board, office,
council, authority or other agency in the executive branch or judicial branch
of state government, that is created by the constitution or a statute of the
state. The term does not include institutions of higher education, as defined
in §61.003, Education Code.
(8)
Board--the governing board of the Department of Information
Resources.
(9)
Director--the Executive Director of the Department of Information
Resources.
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 July 1, 2005.
TRD-200502714
Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: August 14, 2005
For further information, please call: (512) 936-6448
Chapter 210.
TEXASONLINE
(2)
] Board--the governing board
of the Department of Information Resources.
(3)
] Department--the Department
of Information Resources.
(5)
] License holder--individuals
for whom and entities for which a profile system is required to be or may
be established by state agency licensing entities.
(6)
] Licensing entity--a department,
commission, board, office or other agency of the state or a political subdivision
of the state that issues an occupational license.
(8)
] Profile system--an electronic
system established by a licensing entity that is required by §2054.2606(a),
Texas Government Code, or opts pursuant to §2054.2602, Texas Government
Code, to establish an electronic system containing at least the licensee information
prescribed by §2054.2606(c), Texas Government Code.
(9)
] Profiling licensing entities--the
state agencies listed in §2054.2606(a) and licensing entities that opt
to provide a profile system pursuant to §2054.2606(b).
, by January 1, 2002,
] collect five dollars annually from
license holders listed in §2054.2606(a), Government Code that are
applying for an initial license or are renewing an existing license
[
renewing a license
]. The five
dollar fee
[
dollars per
license holder renewal
] may be collected through increasing the license
issuance and
renewal fees by five dollars per license holder, by the
licensing entity covering the
fee
[
five dollars per license
holder renewal
] from other revenues rather than [
by
] increasing
license
issuance and
renewal fees, or by a combination of increasing
license
issuance and
renewal fees by less than five dollars per
license holder and covering a portion of the five dollars per license holder
from other revenues of the licensing entity. The money shall be transferred
from the licensing entity to the department to cover the costs of providing
the license holder profile system pursuant to guidelines established by the
Office of the Comptroller of Public Accounts.
per year license
renewal fee increases shall begin being collected by the licensing entity
from affected license holders as soon as reasonably possible after the licensing
entity determines to provide the license holder profile system
].
Chapter 212.
PURCHASES OF COMMODITY ITEMS
Subchapter B. REQUIRED PURCHASES