HBA-JLV H.B. 2589 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2589 By: Hochberg State Affairs 8/28/2001 Enrolled BACKGROUND AND PURPOSE State agencies with budgets exceeding a certain amount are required to maintain a generally accessible Internet site. In addition to specified information, such as budget, rules, and contracts, many sites also include commonly requested information such as hearing announcements, program descriptions, or publications. Prior to the 77th Legislature, there was no requirement for a state agency to post a notice stipulating the conditions of use for information copied from a state agency Internet site. Therefore some sites posted a privacy policy notice or disclaimer, while others did not. Well-run commercial Internet sites clearly state a policy of use, often referred to as "terms of service." A terms of service statement informs an individual of the requirements regarding the use of information taken from an Internet site. House Bill 2589 requires the Department of Information Resources to create a terms of service statement for state agency Internet sites. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2589 amends the Government Code to require the Department of Information Resources (DIR) to adopt a policy that prescribes terms under which a person may use, copy information from, or link to a generally accessible Internet site maintained by or for a state agency, and which protects the personal information of members of the public who access information from or through a generally accessible Internet site maintained by or for a state agency. The bill requires DIR to establish and administer a clearinghouse for information relating to all aspects of protecting the security of state agency information. The bill requires DIR to post the policy on its Internet site. All state agencies are required to prominently post a link to the policy statement on a generally accessible Internet site maintained by or for that agency. The bill provides that the state strategic plan must include a strategic direction for information resources management, including a best practices model to assist state agencies in adopting effective information management methods and obtaining effective information resources technologies. The bill establishes requirements for the content of the policy and requires DIR to encourage each state agency to seek available grants and to work with public educational institutions and members of the business and industry community for the purpose of Internet website development and maintenance. The bill provides that the e-mail address of a member of the public that is provided for the purpose of communicating electronically with a governmental body is confidential and not subject to disclosure. The bill provides that confidential information that relates to a member of the public may be disclosed if the member of the public affirmatively consents to its release. EFFECTIVE DATE September 1, 2001.