Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,325
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(e) Authority to Execute Contracts. The board delegates au-
thority to the executive director to execute all contracts for the depart-
ment. This authority may be delegated by the executive director to the
deputy executive director or other designee.
(f) Contract Planning.
(1) The department will present to the Board for approval
a contract plan for the next fiscal year that outlines the agency's antici-
pated contracting actions that exceed $100,000.
(2) As deemed necessary by the executive director or
his/her designee, updates to the contract plan will be provided to the
board for approval periodically throughout the fiscal year.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 7,
2013.
TRD-201305126
Martin H. Zelinsky
General Counsel
Department of Information Resources
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 475-4700
CHAPTER 206. STATE WEBSITES
The Texas Department of Information Resources (department)
proposes the amendment of 1 TAC Chapter 206, 206.1,
206.54 and 206.74 and the addition of new 206.55 and
206.75, all related to high value data sets, and the addition of
new 206.56, concerning suggestions for agency cost savings
on state websites. The proposed amendments and new sec-
tions address recent legislative actions. The amendments and
new sections are necessary as the result of passage of Senate
Bill 279 (83R) (SB 279), effective as of September 1, 2013,
which added 2054.1265(f), Government Code, concerning
state agencies' high-value data sets, and also House Bill 1128
(83R) (HB 1128), effective as of September 1, 2013, which
added 2054.1264, Government Code, concerning posting
cost-efficiency suggestions and ideas on certain state agency
websites.
The department proposes to amend 206.1 and 206.54 and
add a new 206.55 and 206.75 to document existing legislative
requirements and address statutory change resulting from the
passage of SB 279. Section 206.1 is revised to add the definition
for "open standard format," as this term is used in new 206.55
and 206.75.
For state agencies, 206.55(a) specifies the circumstances
under which a state agency must post high-value data sets
it creates or maintains, as required by Texas Government
Code, 2054.1265(b). Specifically, a state agency must post
such high-value data sets on a generally accessible Internet
website maintained by or for the agency if it can (1) do so using
existing resources; (2) enters into a contract under which the
contractor posts the data set on the website at no additional
cost; or (3) receives a gift or grant to post data set(s) on the
website. Section 206.55(b) documents the Texas Govern-
ment Code, 2054.1265(c) requirement that data set(s) being
posted under subsection (a) be raw data in open standardformat that allows the public to search, extract, organize, and
analyze the information. Section 206.55(c)(1) documents the
Texas Government Code, 2054.1265(d)(2) requirement that
state agencies posting data set(s) under subsection (a) have
a conspicuously displayed link on either the agency website
home page or another intuitive location accessible from the
agency website home page. Section 206.55(c)(1) provides
more specific language that necessitates the deletion of the
more general 206.54(c)(7). Section 206.55(c)(2) documents
the SB 279 requirement that state agencies posting data set(s)
under subsection (a) provide the department with a brief de-
scription of, and link to, the data set(s), for the department to
post on Texas.gov. Section 206.55(d) documents the Texas
Government Code, 2054.1265(d)(1) requirement that if a state
agency is posting a high-value data set on its website, the web
page on which it is posted must use the home page address
and include the URL suffix "data."
For institutions of higher education, 206.75(a) specifies the cir-
cumstances under which an institution must post high-value data
sets it creates or maintains, as required by Texas Government
Code, 2054.1265(b). Specifically, an institution must post such
high-value data sets on a generally accessible Internet web-
site maintained by or for the institution if it can (1) do so us-
ing existing resources; (2) enters into a contract under which
the contractor posts the data set on the website at no additional
cost; or (3) receives a gift or grant to post data set(s) on the
website. Section 206.75(b) documents the Texas Government
Code, 2054.1265(c) requirement that data set(s) being posted
under subsection (a) be raw data in open standard format that
allows the public to search, extract, organize, and analyze the
information. Section 206.75(c)(1) documents the Texas Govern-
ment Code, 2054.1265(d)(2) requirement that institutions post-
ing data set(s) under subsection (a) have a conspicuously dis-
played link on either the institution website home page or another
intuitive location accessible from the institution website home
page. Section 206.75(c)(1) provides more specific language
that necessitates the deletion of the more general 206.74(c)(7).
Section 206.75(c)(2) documents the SB 279 requirement that in-
stitutions posting data set(s) under subsection (a) provide the de-
partment with a brief description of, and link to, the data set(s),
for the department to post on Texas.gov. Section 206.75(d) doc-
uments the Texas Government Code, 2054.1265(d)(1) require-
ment that if an institution is posting a high-value data set on its
website, the web page on which it is posted must use the home
page address and include the URL suffix "data."
Section 206.74(e)(5) is amended to correct an incorrect refer-
ence from state agencies to institutions of higher education.
The department also proposes to add new 206.56 to address
statutory changes resulting from the passage of HB 1128. Per
HB 1128, the new rule only applies to state agencies with 1,500
or more employees, and not to institutions of higher education.
To the extent the agencies can accomplish the directive using
available resources, the agencies must provide on their intranet
website or Internet website an electronic form or link to a tool
which an employee may use to submit suggestions and ideas
for agency cost savings. Section 206.56(1) requires that em-
ployees have the option of submitting the suggestion with attri-
bution or anonymously, provided that an anonymous suggestion
is not traceable and that the system or tool does not record any
data that would allow the submission to be linked to the com-
puter used for the submission. Section 206.56(2) requires that
the system allow the public to monitor submissions either in real
time, weekly, monthly or quarterly; and vote for a favorite submis-PROPOSED RULES November 22, 2013 38 TexReg 8325
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/13/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.