Title GV, Government Code

Sec. 2054.005. SUNSET PROVISION. The Department of Information Resources is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2037. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Se…

Sec. 2054.006. LAWS NOT AFFECTED. (a) Except as specifically provided by this chapter, this chapter does not affect laws, rules, or decisions relating to the confidentiality or privileged status of categories of information or communications. (b) This chapter does not enlarge the…

Sec. 2054.007. EXCEPTION: STATE LOTTERY OPERATIONS. (a) The lottery program of the Texas Commission of Licensing and Regulation is not subject to the planning and procurement requirements of this chapter. (b) The electronic funds transfer system for the operation of the state lot…

Sec. 2054.0075. EXCEPTION: PUBLIC JUNIOR COLLEGE. This chapter does not apply to a public junior college or a public junior college district, except as necessary to comply with information security standards and for participation in shared technology services, including the elect…

Sec. 2054.008. CONTRACT NOTIFICATION. (a) In this section "major information system" includes: (1) one or more computers that in the aggregate cost more than $100,000; (2) a service related to computers, including computer software, that costs more than $100,000; and (3) a teleco…

Sec. 2054.010. REFERENCES TO PRECEDING AGENCY. Any reference in law to the Automated Information and Telecommunications Council means the Department of Information Resources. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2054.011. STATEWIDE NETWORK APPLICATIONS ACCOUNT. (a) The statewide network applications account is established in the general revenue fund. (b) Amounts credited to the statewide network applications account may be appropriated only for the purchase, improvement, or maintena…

Sec. 2054.021. COMPOSITION OF BOARD; TERMS; TRAINING. (a) For purposes of this section, "state agency" has the meaning assigned by Section 2054.003 but does not include: (1) a department, commission, board, office, council, authority, or other agency in the judicial branch of sta…

Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the board or the executive director may not: (1) be a person required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business entity that has, or on behalf of a tr…

Sec. 2054.023. COMPENSATION; EXPENSES. (a) A member of the board may not receive compensation for services as a board member. (b) A member is entitled to reimbursement for actual and necessary expenses reasonably incurred in connection with the performance of those services, subj…

Sec. 2054.024. VACANCY. (a) The governor shall appoint a board member to fill a vacancy under the same procedure that applied to the original appointment for that position. (b) If the presiding officer's position is vacant, the executive director shall perform nonvoting duties of…

Sec. 2054.025. REMOVAL OF BOARD MEMBER. (a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications or status required for appointment to the board; (2) does not maintain during service on the board the qualifications…

Sec. 2054.026. LIMITATION ON LIABILITY. A member of the board is not liable in a civil action for an act performed in good faith in the performance of the member's duties. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2054.027. MEETINGS; ACTION OF BOARD. (a) The board shall meet at least once in each quarter of the state fiscal year and may meet at other times at the call of the presiding officer or as provided by department rule. (b) When a quorum is present, an affirmative vote of a maj…

Sec. 2054.028. PRESIDING OFFICER. The governor shall designate a member of the board to serve as presiding officer at the discretion of the governor. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2054.0285. EXECUTIVE DIRECTOR: CHIEF INFORMATION OFFICER; POWERS AND DUTIES. (a) The board shall employ an executive director. The executive director is the chief information officer for Texas state government. (b) The executive director has authority for all aspects of info…

Sec. 2054.0286. CHIEF DATA OFFICER. (a) The executive director, using existing department funds, shall employ a chief data officer to: (1) improve the control and security of information collected by state agencies; (2) promote between state agencies the sharing of information, i…

Sec. 2054.029. STAFF; SEPARATION OF RESPONSIBILITIES. (a) The board shall employ employees necessary to implement its duties. (b) The executive director or the executive director's designee shall provide to members of the board and to the department's employees, as often as neces…

Sec. 2054.030. MERIT PAY. (a) The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance. (b) All merit pay for department employees must be based on the system established…

Sec. 2054.031. CAREER LADDER. (a) The executive director or the executive director's designee shall develop an intraagency career ladder program that addresses opportunities for mobility and advancement for employees within the department. (b) The program shall require intraagenc…

Sec. 2054.032. EQUAL EMPLOYMENT OPPORTUNITY. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made…

Sec. 2054.033. ESTABLISHMENT OF ADVISORY COMMITTEES; ADMINISTRATION AND REQUIREMENTS. (a) The board and the executive director, if authorized by the board, by rule may establish advisory committees as the department considers necessary to provide expertise to the department. (b) …

Sec. 2054.0332. DATA MANAGEMENT ADVISORY COMMITTEE. (a) The board shall appoint a data management advisory committee. (b) The advisory committee is composed of each data management officer designated by a state agency under Section 2054.137 and the department's chief data officer…

Sec. 2054.0333. ADVISORY COMMITTEES ON DEPARTMENT FUNCTIONS REQUIRED. The board by rule shall establish advisory committees under Section 2054.033 that advise the board on governing the department and cover in subject matter the department's primary functions, including at least …

Sec. 2054.0335. STATEWIDE INFORMATION SECURITY ADVISORY COMMITTEE. (a) The board by rule shall establish an advisory committee under Section 2054.033 to make recommendations to the department on improving the effectiveness of the department's and this state's information security…

Sec. 2054.0337. CUSTOMER ADVISORY COMMITTEE. (a) The board by rule shall establish an advisory committee under Section 2054.033 to report to and advise the board on improving the effectiveness and efficiency of services provided by the department to customers. (b) The board shall…

Sec. 2054.034. DEPARTMENT FINANCES. (a) All money paid to the department under this chapter is subject to Subchapter F, Chapter 404. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(70), eff. June 17, 2011. Added by Acts 1997, 75th Leg., ch. 606, Sec. 9, eff. Sept. 1…

Sec. 2054.0345. DETERMINATION OF ADMINISTRATIVE FEES. (a) The department shall adopt a process to determine the amount of the administrative fee the department charges to administer any of its programs, including fees charged for programs under Sections 2054.380 and 2170.057. (b)…

Sec. 2054.0346. REPORTING OF ADMINISTRATIVE FEES. (a) The department shall report to the Legislative Budget Board all administrative fees that the department sets under Section 2054.0345 each fiscal year. The report must include: (1) the underlying analysis and methodology used t…

Sec. 2054.035. PARTICIPATION AND ACCESSIBILITY. (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the department. (b) The department shall prepare…

Sec. 2054.036. COMPLAINTS. (a) The department shall maintain a system to promptly and efficiently act on complaints filed with the department. The department shall maintain information about parties to the complaint, the subject matter of the complaint, and a summary of the resul…

Sec. 2054.037. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules; and (2) appropriate alternative dispute …

Sec. 2054.038. INTERNAL AUDITOR; POWERS AND DUTIES. (a) The board shall: (1) appoint an internal auditor who reports directly to the board and serves at the will of the board; and (2) provide staff and other resources to the internal auditor as appropriate. (b) The internal audit…

Sec. 2054.039. OPEN MEETINGS EXCEPTION FOR INTERNAL AUDITOR. A meeting between the board and the department's internal auditor to discuss issues related to fraud, waste, or abuse is not required to be an open meeting under Chapter 551. Added by Acts 2013, 83rd Leg., R.S., Ch. 48 …

Sec. 2054.040. AUDIT SUBCOMMITTEE. (a) The board shall maintain an audit subcommittee of the board. The subcommittee shall oversee the department's internal auditor and any other audit issues that the board considers appropriate. (b) The subcommittee shall evaluate whether the in…

Sec. 2054.041. ADDITIONAL BOARD OVERSIGHT. (a) The board shall adopt a policy describing the board's role in setting a strategic direction for the department. The policy must address the board's role in developing new initiatives for and service offerings by the department, inclu…

Sec. 2054.051. GENERAL DUTIES OF DEPARTMENT. (a) The department shall provide the leadership in and coordination of information resources management within state government. (b) The department shall monitor national and international standards relating to information resources te…

Sec. 2054.052. GENERAL POWERS OF DEPARTMENT. (a) The department may adopt rules as necessary to implement its responsibility under this chapter. (b) The department may require each state agency to report to the department: (1) each agency's use of information resources technologi…

Sec. 2054.0525. CUSTOMERS ELIGIBLE FOR DEPARTMENT SERVICES. If the executive director determines that participation is in the best interest of this state, the following entities are eligible customers for services the department provides: (1) a state agency; (2) a local governmen…

Sec. 2054.053. LEGISLATIVE BUDGET INSTRUCTIONS; APPROPRIATION REQUESTS. (a) The department may identify, develop, and recommend to the Legislative Budget Board issues related to information resources management to be considered when developing the legislative budget instructions …

Sec. 2054.054. CLIENT OMNIBUS REGISTRY AND EXCHANGE DATA BASES. (a) The department may develop and maintain a client omnibus registry and exchange data bases to cover public and private health and human services, programs, and clients and to facilitate the exchange of data among …

Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION SYSTEM. The department shall assist the Texas Health Care Information Council and the Texas Department of Health with planning, analyses, and management functions relating to the procurement, use, and implementation of a state…

Sec. 2054.055. PERFORMANCE REPORT. (a) Not later than November 15 of each even-numbered year, the board shall review and approve and the department shall present a report on the use of information resources technologies by state government. (b) The report must: (1) assess the pro…

Sec. 2054.056. COMPUTER SERVICES. The department may provide computer services under interagency contracts to state agencies that choose to contract with the department. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, S…

Sec. 2054.0565. USE OF CONTRACTS BY OTHER ENTITIES. (a) The department may include terms in a procurement contract entered into by the department, including a contract entered into under Section 2157.068, that allow the contract to be used by another state agency, a political sub…

Sec. 2054.057. PROCUREMENT SERVICES PILOT PROGRAM. (a) In this section: (1) "Participating state agency" means a state agency that the department has approved to participate in the pilot program. (2) "Pilot program" means the procurement services pilot program established under t…