86R7563 AAF-F
  By: Capriglione H.B. No. 1784
  relating to management and storage of state records and
         SECTION 1.  Section 441.003, Government Code, is amended by
  amending Subsection (a) and adding Subsection (f) to read as
         (a)  Subject to the approval of the commission, the director
  and librarian shall appoint an assistant state librarian, a state
  archivist, a state records administrator, a state information
  governance coordinator, and other assistants and employees
  necessary to fulfill the duties of the commission and the director
  and librarian as prescribed by law.
         (f)  The state information governance coordinator is a
  position in the commission's records management division.  The
  coordinator shall:
               (1)  ensure records management programs are
  implemented by state agencies;
               (2)  assist state agencies in complying with the
  agencies' records management programs; and 
               (3)  increase overall awareness and outreach for state
  agency records management programs.
         SECTION 2.  Section 441.183, Government Code, is amended to
  read as follows:
  AGENCIES.  (a) The agency head of each state agency shall:
               (1)  establish and maintain a records management
  program on a continuing and active basis;
               (2)  create and maintain records containing adequate
  and proper documentation of the organization, functions, policies,
  decisions, procedures, and essential transactions of the agency
  designed to furnish information to protect the financial and legal
  rights of the state and any person affected by the activities of the
               (3)  make certain that all records of the agency are
  passed to the agency head's successor in the position of agency
               (4)  identify and take adequate steps to protect
  confidential and vital state records;
               (5)  cooperate with the commission in the conduct of
  state agency records management surveys; and
               (6)  cooperate with the commission, the director and
  librarian, and any other authorized designee of the director and
  librarian in fulfilling their duties under this subchapter.
         (b)  As part of a records management program established
  under Subsection (a), the agency head of a state agency shall
  require training for agency employees, annually and on employment
  with the agency, regarding the records management program,
  including the agency's approved records retention schedule.
         SECTION 3.  Subchapter L, Chapter 441, Government Code, is
  amended by adding Section 441.1856 to read as follows:
  RETENTION REQUIREMENTS.  At the initiation of a project, a state
  agency shall classify the data produced from or used in the project
  and determine appropriate data security and retention requirements
  for each classification.
         SECTION 4.  Section 2054.0286, Government Code, is amended
  to read as follows:
         Sec. 2054.0286.  CHIEF DATA OFFICER [STATEWIDE DATA
  COORDINATOR]. (a)  The executive director, using existing
  department funds, shall employ a chief data officer [statewide data
  coordinator] to:
               (1)  improve the control and security of information
  collected by state agencies;
               (2)  promote between state agencies the sharing of
  information, including customer information; [and]
               (3)  reduce information collection costs incurred by
  this state; and
               (4)  assist the department in the development and
  management of a data portal for use by state agencies.
         (b)  The chief data officer [statewide data coordinator]
  shall develop and implement best practices among state agencies to:
               (1)  improve interagency information coordination;
               (2)  reduce duplicative information collection;
               (3)  increase accountability and ensure compliance
  with statutes and rules requiring agencies to share information;
               (4)  improve information management and analysis to
  increase information security, uncover fraud and waste, reduce
  agency costs, improve agency operations, and verify compliance with
  applicable laws;
               (5)  encourage agencies to collect and post on the
  agencies' Internet websites or the data portal managed by the
  department information related to an agency's [agency] functions or
  other data maintained by the agency that is in an open file format
  and is machine-readable, exportable, and easily accessible by the
  public; and
               (6)  encourage the evaluation of open document formats
  for storing data and documents generated by state agencies.
         (c)  Each state agency shall cooperate with the chief data
  officer [statewide data coordinator] in fulfilling the
  requirements of this section.
         [(d)  This section expires September 1, 2021.]
         SECTION 5.  Subchapter C, Chapter 2054, Government Code, is
  amended by adding Section 2054.069 to read as follows:
         Sec. 2054.069.  STRATEGY FOR DATA STORAGE. (a)  In this
               (1)  "Archival state record" has the meaning assigned
  by Section 441.180.
               (2)  "Statewide technology center" has the meaning
  assigned by Section 2054.375.
         (b)  The department, in collaboration with the Texas State
  Library and Archives Commission, shall develop a strategy for state
  agencies, consistent with state records management and archival
  practices, regarding the:
               (1)  transfer of appropriate archival state records of
  the agency that are in electronic format to the commission for
  inclusion in the state archives program established under Section
  441.181; and
               (2)  use of a statewide technology center for long-term
  non-archival records storage.
         SECTION 6.  Subchapter F, Chapter 2054, Government Code, is
  amended by adding Section 2054.137 to read as follows:
  state agency with more than 150 full-time employees shall designate
  a full-time employee of the agency to serve as a data management
  officer.  The data management officer shall:
               (1)  coordinate with the chief data officer under
  Section 2054.0286; and
               (2)  consider posting the agency's open data on the data
  portal managed by the department.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, the Department of Information Resources shall adopt
  rules to implement Section 2054.0286, Government Code, as amended
  by this Act.
         SECTION 8.  This Act takes effect September 1, 2019.