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Glenn Hegar  ·  Texas Comptroller of Public Accounts

Changes to Article IX of the GAA and Other Bills of Interest to State Agencies

F.008

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Other Bills of Interest to State Agencies – House Bills

House Bill (HB) 2

Relating to making supplemental appropriations and giving direction and adjustment authority regarding appropriations. [+]

Author: Zerwas

Effective Date: June 12, 2017

This bill makes supplemental appropriation increases and reductions for various state agencies. See Processing Supplemental Appropriations and Reductions (FPP A.047).

HB 8

Relating to cybersecurity for state agency information resources. [+]

Author: Capriglione, et al.

Effective Date: September 1, 2017

This bill establishes the Texas Cybersecurity Act. It creates certain cybersecurity-related requirements for all state agencies, establishes a cybersecurity task force and select legislative committees, and requires the production of certain studies and reports. Some of the major provisions of the bill include the following:

  • The bill requires Department of Information Resources (DIR) to provide mandatory guidelines for all state agency information resources employees regarding continuing education for cybersecurity training and certification.
  • The bill requires that each agency conduct a vulnerability and penetration test of each state agency’s website or mobile application that processes any personally identifiable or confidential information.
  • The bill requires each state agency to conduct a security assessment of the agency’s information resources systems, network systems, digital data storage systems, digital data security measures, and information resources vulnerabilities at least once every two years. Each state agency is required to report the results of the assessment by December 1 in the year in which the agency conducts the assessment to:
    • DIR,
    • the Governor,
    • the Lieutenant Governor, and
    • the Speaker of the House of Representatives.

HB 53

Relating to certain limitations on settlement agreements with a governmental unit. [+]

Author: Romero, Jr., et al.

Effective Date: September 1, 2017

This bill prohibits a state or local government unit from settling legal claims against the unit by agreeing to settlements of $30,000 or more if the settlement also includes a nondisclosure agreement. An agreement provision that violates these prohibitions is void and unenforceable. The bill does not affect information that is privileged or confidential under other laws.

HB 89

Relating to state contracts with and investments in companies that boycott Israel. [+]

Author: King, Phil, et al.

Effective Date: September 1, 2017

This bill requires a governmental entity contracting for goods or services to include in its contract a written verification from the contracting company stating the company does not boycott Israel and will not boycott Israel during the term of the contract. The bill also requires Comptroller of Public Accounts (CPA) to prepare and maintain a list of all companies that boycott Israel.

HB 1116

Relating to the repeal of certain state procurement advisory and approval procedures. [+]

Author: Kacal

Effective Date: September 1, 2017

This bill abolishes the Statewide Procurement Advisory Council and repeals provisions relating to procedures for awarding contracts with an estimated value of $100,000 or more.

HB 1290

Relating to the required repeal of a state agency rule and a government growth impact statement before adoption of a new state agency rule. [+]

Author: Roberts, et al.

Effective Date: September 1, 2017

This bill restricts a state agency from adopting a rule if the rule imposes a cost on any regulated person, including another governmental unit, unless the agency repeals or amends another rule that decreases the total costs on the person in an amount equal to or greater than the cost imposed by the proposed rule. This does not include an agency under an elected officer.

The bill also requires a state agency to prepare a government growth impact statement for a proposed rule. CPA must adopt rules relating to the impact statements not later than October 1, 2017. A state agency is required to incorporate the impact statement into the notice of a proposed rule that is filed on or after November 1, 2017.

HB 1861

Relating to the confidentiality of certain information related to a computer security incident. [+]

Author: Elkins

Effective Date: June 15, 2017

This bill adds information directly arising from a governmental body's routine efforts to prevent, detect, investigate or mitigate a computer security incident, including information contained in or derived from an information security log, to the list of information that is currently confidential.

HB 1930

Relating to financial accounting and reporting requirements for this state and political subdivisions of this state. [+]

Author: Frullo

Effective Date: June 15, 2017

This bill removes the option for state and local governments to report financial information related to certain retiree benefits on a pay-as-you-go basis rather than following GASB standards by reporting future obligations. This option allowed governments to not disclose these benefits as liabilities.

HB 2486

Relating to restoration of the position of public employees when relieved of duty from the Texas military forces or a similar unit. [+]

Author: Stucky, et al.

Effective Date: June 15, 2017

This bill requires an employee who is a member of the Texas military forces when relieved of duty to be restored to the position they held when they were ordered to duty. The bill applies to an employee of a governmental entity of this state with at least five FTEs.

HB 3107

Relating to the production of public information under the public information law. [+]

Author: Ashby

Effective Date: September 1, 2017

This bill makes certain changes to provisions on the production of information under the Public Information Act, including:

  • establishing a timeline for request termination,
  • revising procedures for subsequent requests by a person, and
  • creating an additional option for requestors filing complaints.

HB 3275

Relating to the monitoring of major information resources projects by the Department of Information Resources. [+]

Author: Capriglione

Effective Date: January 1, 2018

This bill requires the Quality Assurance Team (QAT) to monitor and report on performance indicators for each major information resource project, for the entire life cycle of each project. DIR is required to develop the performance indicators. The QAT can place a project on a list for more intense monitoring if the QAT determines that a project is not likely to achieve the performance objectives for the project. The QAT is required to closely monitor monthly reports for each project identified on the list for intense monitoring and, based on criteria developed by DIR, determine whether to recommend to the executive director of the affected agency the need to initiate corrective action for the project. The bill also requires DIR to create and maintain on their internet website a user-friendly data visualization tool that provides information on the performance indicators for each major information resources project.

HB 3433

Relating to the adoption by state agencies of rules affecting rural communities. [+]

Author: Lambert, et al.

This bill requires a state agency that is considering adopting a rule that will adversely affect a rural community, defined as a municipality with a population of 25,000 or fewer, to reduce that effect if doing so is legal and feasible. A state agency is required to prepare an economic impact statement, prior to adopting a rule that may have an adverse economic effect on a rural community, that:

  • estimates the number of rural communities subject to the proposed rule,
  • projects the economic impact of the rule on rural communities, and
  • describes alternative methods of achieving the purpose of the proposed rule.

HB 3765

Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations. [+]

Author: Longoria

Effective Date: September 1, 2017

This bill appropriates money from various accounts to pay outstanding claims and judgments against the state. Before any claim or judgment can be paid, they must be verified and substantiated by the administrator of the special fund or account and be approved by the Office of the Attorney General (OAG) and CPA by Aug. 31, 2017.

HB 3849

Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes. [+]

Author: Zerwas

Effective Date: June 12, 2017

This bill abolishes all funds, accounts and revenue dedications created by the 85th Legislature, Regular Session, unless specifically exempted under separate sections of this bill. Any funds, accounts or revenue dedications abolished under this bill shall be deposited to the credit of the General Revenue Fund.

If an agency has a contingency appropriation in the General Appropriations Act from an abolished fund or account, the appropriation shall be established in the General Revenue Fund. Otherwise, the revenue shall be deposited as unappropriated General Revenue.

The bill exempts a number of funds and accounts from abolishment, including trust funds, bond funds, funds required by federal law and constitutional funds created by the 85th Legislature.

The bill extends the time period from Aug. 31, 2017, to Aug. 31, 2019, to allow the Legislature to direct CPA to make reductions in dedicated accounts in amounts by which estimated revenues and unobligated balances exceed appropriations. CPA is providing additional guidance on this issue separately. See Funds Consolidation: Limits on New General Revenue Accounts, Special Funds and Dedications of Revenue (FPP A.046).

Glenn Hegar
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.texas.gov
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