85R5683 TSR-D     By: Guillen H.B. No. 2305       A BILL TO BE ENTITLED   AN ACT   relating to the operations, communications, and notice procedures   of state agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 441, Government Code, is   amended by adding Section 441.0135 to read as follows:          Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January   1 of each odd-numbered year, the commission shall submit to the   governor and the Legislative Budget Board a written report   regarding all statutorily required reports prepared by and   submitted to a state agency as defined by Section 441.180. The   commission may consult with other state agencies in preparing the   report. A state agency shall cooperate with the commission in   securing the information necessary for preparing the report. The   commission shall prescribe the method by which a state agency   transmits to the commission information necessary to prepare the   report, and may require the information to be submitted using the   state electronic Internet portal. The report must include for each   statutorily required report:                (1)  the title of and the agency preparing the report;                (2)  the statutory authority requiring the report;                (3)  the recipient of the report;                (4)  the deadline for submitting the report;                (5)  a brief description of the report; and                (6)  an assessment from each recipient of the report   whether the report is necessary.          (b)  The report required by Subsection (a) must:                (1)  be made available to the public; and                (2)  provide indices by preparing agency, title of   report, and report recipient.          SECTION 2.  Section 2001.026, Government Code, is amended to   read as follows:          Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE   OF PROPOSED RULES. A state agency shall provide [mail] notice of a   proposed rule to each person who has made a timely written request   of the agency for advance notice of its rulemaking proceedings. The   agency may provide the notice by electronic mail if the person   requests electronic delivery of the notice and includes an e-mail   address in the person's written request submitted to the agency.   Failure to provide [mail] the notice does not invalidate an action   taken or rule adopted.          SECTION 3.  Chapter 2052, Government Code, is amended by   adding Subchapter F to read as follows:   SUBCHAPTER F. TRANSMISSION AND RECEIPT OF AGENCY DOCUMENTS          Sec. 2052.401.  DEFINITION. In this subchapter, "state   agency" means a department, commission, board, office, council,   authority, or other agency that is in the executive, legislative,   or judicial branch of state government and that is created by the   constitution or a statute of this state, including a university   system or institution of higher education as defined by Section   61.003, Education Code.          Sec. 2052.402.  TRANSMISSION AND RECEIPT OF DOCUMENTS. (a)   A state agency may transmit and receive state documents in a format   prescribed by the agency and in any manner that the agency   determines will increase agency efficiency without compromising   the delivery of the agency's program to the public.          (b)  A state agency that transmits and receives state   documents using the Internet or another electronic medium shall by   rule develop electronic communication procedures for the agency.          (c)  Notwithstanding Subsection (a), a state agency may   continue to use established procedures prescribed by state law or   agency policy for the transmission and receipt of documents,   including the delivery of certain publications that exist in   physical format to a depository library as required by Section   441.103.          (d)  This section does not authorize the electronic   transmission or receipt of documents that are prohibited from being   electronically transmitted or received under federal law.          (e)  To the extent of any conflict, this section prevails   over any other state law relating to the transmission and receipt of   state agency documents.          (f)  A state agency shall include in the agency's legislative   appropriations request submitted to the Legislative Budget Board   for the state fiscal biennium beginning September 1, 2019, a report   on any cost savings or achievements in efficiency recognized from   implementing a change in the agency's procedures for the   transmission and receipt of state documents during the state fiscal   biennium ending August 31, 2019. This subsection expires September   1, 2020.          SECTION 4.  Subchapter F, Chapter 2054, Government Code, is   amended by adding Section 2054.1116 to read as follows:          Sec. 2054.1116.  USE OF STATE ELECTRONIC INTERNET PORTAL FOR   CERTAIN REPORTS. (a) To the extent a report prepared by a state   agency is not confidential or excepted from the requirements of   Section 552.021, the agency shall use the state electronic Internet   portal to submit or post the report if the report is required by a   statute, rule, or rider in the General Appropriations Act to be   submitted to:                (1)  the governor;                (2)  a member, agency, or committee of the legislature;                (3)  another state agency; or                (4)  the public.          (b)  The department shall collaborate with the Texas State   Library and Archives Commission to develop and provide to each   state agency guidelines that assist the agency in determining:                (1)  the reports prepared by the agency that are   appropriate for submission through the state electronic Internet   portal; and                (2)  the retention requirements for those reports.          (c)  The Texas State Library and Archives Commission shall   monitor the effectiveness of state agency use of the state   electronic Internet portal for the purposes provided under this   section.          (d)  A state agency that posts a report using the state   electronic Internet portal satisfies any requirement in state law   that the agency post the report on the agency's Internet website if   the agency posts a direct link to the state electronic Internet   portal on the agency's Internet website.          SECTION 5.  Subchapter A, Chapter 2176, Government Code, is   amended by adding Section 2176.007 to read as follows:          Sec. 2176.007.  COMPTROLLER STUDY ON MAIL OPERATIONS. (a)   The comptroller shall conduct a study on the mail operations of each   state agency in the executive branch of state government that   receives an appropriation. The study must identify provisions of   law relating to the mailing requirements for the agency that impede   the efficient transmission and receipt of documents by the agency.          (b)  In conducting the study, the comptroller shall   collaborate with other state agencies to consider the needs or   concerns specific to those agencies.          (c)  Not later than November 1, 2018, the comptroller shall   post the findings of the study conducted under this section on the   comptroller's Internet website.          (d)  This section expires September 1, 2019.          SECTION 6.  Section 243.015, Health and Safety Code, is   amended by amending Subsection (e) and adding Subsections (e-1) and   (e-2) to read as follows:          (e)  If the department initially determines that a violation   occurred, the department shall give written notice of the report   [by certified mail] to the person. Notwithstanding any other law,   the notice may be provided by any certified delivery method,   including certified mail or certified electronic mail.          (e-1)  If the notice under Subsection (e) is sent by   certified electronic mail:                (1)  it must be sent to the person's last known e-mail   address as provided by the person to the department; and                (2)  the department shall maintain proof that the   notice was sent.          (e-2)  For purposes of Subsection (e), a person's provision   of an e-mail address to the department is considered consent to   electronically deliver notices and correspondence to the person.          SECTION 7.  Section 11.082(a), Natural Resources Code, is   amended to read as follows:          (a)  A state agency or political subdivision may not formally   take any action that may affect state land dedicated to the   permanent school fund without first giving notice of the action to   the board. Notice of the proposed action shall be delivered [by   certified mail, return receipt requested, addressed to the deputy   commissioner of the asset management division of the General Land   Office] on or before the state agency's or political subdivision's   formal initiation of the action by:                (1)  certified mail, return receipt requested,   addressed to the deputy commissioner of the asset management   division of the General Land Office; or                (2)  certified electronic mail to an e-mail address   specified by the deputy commissioner for the purpose of receiving   the notice.          SECTION 8.  Section 301.160, Occupations Code, is amended by   adding Subsection (k) to read as follows:          (k)  Notwithstanding Subsection (j), the board may deliver   the report under that subsection by certified electronic mail if   the recipient provides an e-mail address to the board for the   purpose of receiving the report.          SECTION 9.  Section 228.0545, Transportation Code, is   amended by amending Subsections (c) and (d) and adding Subsection   (e) to read as follows:          (c)  The department shall send [by first class mail] to the   registered owner of the vehicle a written notice of the total amount   due.  The notice must specify the date, which may not be earlier   than the 30th day after the date the notice is sent [mailed], by   which the amount due must be paid.  The registered owner shall pay   the amount due on or before the date specified in the notice.          (d)  Except as provided by Subsection (e), the [The]   department shall send the notice required under Subsection (c) and   subsequent notices by first class mail to:                (1)  the registered owner's address as shown in the   vehicle registration records of the Texas Department of Motor   Vehicles or the analogous department or agency of another state or   country; or                (2)  an alternate address provided by the owner or   derived through other reliable means.          (e)  The department may send the notice required under   Subsection (c) by certified electronic mail to the registered   owner's e-mail address as shown in the records of the department or   in the vehicle registration records of the Texas Department of   Motor Vehicles or the analogous department or agency of another   state or country.          SECTION 10.  A state agency is not required to comply with   Section 2054.1116, Government Code, as added by this Act, until the   Department of Information Resources notifies the agency that the   state electronic Internet portal project is configured to allow   compliance by the agency with that section.          SECTION 11.  The changes in law made by this Act relating to   the method of delivery or submission of a notice or report apply   only to a notice or report that is required to be delivered or   submitted on or after the effective date of this Act.  A notice or   report required to be delivered or submitted before the effective   date of this Act is governed by the law in effect on the date the   notice or report was required to be delivered or submitted, and the   former law is continued in effect for that purpose.          SECTION 12.  This Act takes effect September 1, 2017.