Bill Text: TX HB1784 | 2019-2020 | 86th Legislature | Engrossed

Bill Title: Relating to management and storage of state records and information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2019-04-25 - Received from the House [HB1784 Detail]

Download: Texas-2019-HB1784-Engrossed.html
  86R16235 AAF-F
  By: Capriglione H.B. No. 1784
  relating to management and storage of state records and
         SECTION 1.  Subchapter L, Chapter 441, Government Code, is
  amended by adding Section 441.1825 to read as follows:
  (a)  The director and librarian shall employ a state information
  governance coordinator in the commission's records management
         (b)  The state information governance coordinator shall:
               (1)  ensure records management programs are
  implemented by state agencies for all media types;
               (2)  assist state agencies in complying with the
  agencies' records management programs;
               (3)  increase overall awareness and outreach for state
  agency records management programs; and
               (4)  coordinate with the Department of Information
  Resources to ensure state agencies comply with this subchapter and
  the strategy developed under Section 2054.069.
         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)  This subsection applies only to a state agency that is a
  department, commission, board, office, or other agency in the
  executive branch of state government.  This subsection does not
  apply to an institution of higher education, as defined by Section
  61.003, Education Code.  As part of a records management program
  established under Subsection (a), the agency head of a state agency
  to which this subsection applies 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 Sections 441.1856 and 441.1857 to read as
         Sec. 441.1856.  TEXAS DIGITAL ARCHIVE. (a)  The commission
  shall maintain and operate a digital repository for the
  preservation of and access to permanently valuable archival state
  records, reports, and publications.
         (b)  The commission, in collaboration with the Department of
  Information Resources, shall develop a strategy, consistent with
  state records management and archival practices, for state agencies
  to transfer appropriate archival state records that are in
  electronic format to the commission for inclusion in the digital
  repository described by Subsection (a).
  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
  section, "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 the
  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.