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A BILL TO BE ENTITLED
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AN ACT
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relating to management and storage of state records and |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 441.003, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (f) to read as |
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follows: |
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(a) Subject to the approval of the commission, the director |
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and librarian shall appoint an assistant state librarian, a state |
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archivist, a state records administrator, a state information |
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governance coordinator, and other assistants and employees |
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necessary to fulfill the duties of the commission and the director |
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and librarian as prescribed by law. |
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(f) The state information governance coordinator is a |
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position in the commission's records management division. The |
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coordinator shall: |
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(1) ensure records management programs are |
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implemented by state agencies; |
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(2) assist state agencies in complying with the |
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agencies' records management programs; and |
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(3) increase overall awareness and outreach for state |
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agency records management programs. |
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SECTION 2. Section 441.183, Government Code, is amended to |
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read as follows: |
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Sec. 441.183. RECORDS MANAGEMENT PROGRAMS IN STATE |
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AGENCIES. (a) The agency head of each state agency shall: |
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(1) establish and maintain a records management |
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program on a continuing and active basis; |
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(2) create and maintain records containing adequate |
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and proper documentation of the organization, functions, policies, |
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decisions, procedures, and essential transactions of the agency |
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designed to furnish information to protect the financial and legal |
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rights of the state and any person affected by the activities of the |
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agency; |
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(3) make certain that all records of the agency are |
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passed to the agency head's successor in the position of agency |
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head; |
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(4) identify and take adequate steps to protect |
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confidential and vital state records; |
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(5) cooperate with the commission in the conduct of |
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state agency records management surveys; and |
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(6) cooperate with the commission, the director and |
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librarian, and any other authorized designee of the director and |
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librarian in fulfilling their duties under this subchapter. |
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(b) As part of a records management program established |
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under Subsection (a), the agency head of a state agency shall |
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require training for agency employees, annually and on employment |
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with the agency, regarding the records management program, |
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including the agency's approved records retention schedule. |
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SECTION 3. Subchapter L, Chapter 441, Government Code, is |
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amended by adding Section 441.1856 to read as follows: |
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Sec. 441.1856. DATA CLASSIFICATION, SECURITY, AND |
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RETENTION REQUIREMENTS. At the initiation of a project, a state |
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agency shall classify the data produced from or used in the project |
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and determine appropriate data security and retention requirements |
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for each classification. |
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SECTION 4. Section 2054.0286, Government Code, is amended |
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to read as follows: |
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Sec. 2054.0286. CHIEF DATA OFFICER [STATEWIDE DATA
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COORDINATOR]. (a) The executive director, using existing |
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department funds, shall employ a chief data officer [statewide data
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coordinator] to: |
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(1) improve the control and security of information |
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collected by state agencies; |
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(2) promote between state agencies the sharing of |
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information, including customer information; [and] |
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(3) reduce information collection costs incurred by |
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this state; and |
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(4) assist the department in the development and |
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management of a data portal for use by state agencies. |
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(b) The chief data officer [statewide data coordinator] |
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shall develop and implement best practices among state agencies to: |
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(1) improve interagency information coordination; |
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(2) reduce duplicative information collection; |
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(3) increase accountability and ensure compliance |
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with statutes and rules requiring agencies to share information; |
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(4) improve information management and analysis to |
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increase information security, uncover fraud and waste, reduce |
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agency costs, improve agency operations, and verify compliance with |
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applicable laws; |
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(5) encourage agencies to collect and post on the |
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agencies' Internet websites or the data portal managed by the |
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department information related to an agency's [agency] functions or |
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other data maintained by the agency that is in an open file format |
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and is machine-readable, exportable, and easily accessible by the |
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public; and |
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(6) encourage the evaluation of open document formats |
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for storing data and documents generated by state agencies. |
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(c) Each state agency shall cooperate with the chief data |
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officer [statewide data coordinator] in fulfilling the |
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requirements of this section. |
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[(d) This section expires September 1, 2021.] |
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SECTION 5. Subchapter C, Chapter 2054, Government Code, is |
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amended by adding Section 2054.069 to read as follows: |
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Sec. 2054.069. STRATEGY FOR DATA STORAGE. (a) In this |
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section: |
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(1) "Archival state record" has the meaning assigned |
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by Section 441.180. |
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(2) "Statewide technology center" has the meaning |
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assigned by Section 2054.375. |
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(b) The department, in collaboration with the Texas State |
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Library and Archives Commission, shall develop a strategy for state |
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agencies, consistent with state records management and archival |
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practices, regarding the: |
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(1) transfer of appropriate archival state records of |
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the agency that are in electronic format to the commission for |
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inclusion in the state archives program established under Section |
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441.181; and |
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(2) use of a statewide technology center for long-term |
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non-archival records storage. |
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SECTION 6. Subchapter F, Chapter 2054, Government Code, is |
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amended by adding Section 2054.137 to read as follows: |
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Sec. 2054.137. DESIGNATED DATA MANAGEMENT OFFICER. Each |
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state agency with more than 150 full-time employees shall designate |
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a full-time employee of the agency to serve as a data management |
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officer. The data management officer shall: |
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(1) coordinate with the chief data officer under |
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Section 2054.0286; and |
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(2) consider posting the agency's open data on the data |
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portal managed by the department. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the Department of Information Resources shall adopt |
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rules to implement Section 2054.0286, Government Code, as amended |
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by this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |