TITLE 1. ADMINISTRATION

PART 10. DEPARTMENT OF INFORMATION RESOURCES

CHAPTER 201. GENERAL ADMINISTRATION

1 TAC §201.6

The Texas Department of Information Resources (the Department) adopts amendments to 1 TAC Chapter 201, §201.6, concerning General Administration, to clarify the processes and policies of current practices. The amendment is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4719). The amended rule will not be republished. The Department adopts amendments to clarify the definition for significant statewide impact. The definition provides clearer criteria for which types of contract documents the Board will be required to approve and those that can be approved by DIR management without board approval.

The proposed rules were submitted to the Information Technology Council for Higher Education (ITCHE) for review and comment prior to bringing the rule to the Board. It has been determined the proposed rules have no effect on Higher Education as institutions.

DIR did not receive any comments on the proposed amendment within the comment period.

The amendments are adopted pursuant to §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, Texas Government Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 3, 2017.

TRD-201704445

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: November 23, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 936-7577


CHAPTER 203. MANAGEMENT OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS

SUBCHAPTER A. DEFINITIONS

1 TAC §203.1

The Texas Department of Information Resources (Department) hereby adopts amendments to 1 TAC Chapter 203, §203.1, concerning Applicable Terms and Technologies for Management of Electronic Transactions and Signed Records, to clarify the difference between electronic and digital signatures. The new definitions provide the clarity needed for state agencies and institutions of higher education. The amendment is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4720) and will not be republished.

The proposed rules were submitted to the Information Technology Council for Higher Education (ITCHE) and external state agency stakeholders for review and comment prior to bringing the proposed rule to the Board.

DIR did not receive any comments on the proposed amendment within the comment period.

The amendments are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054; §2054.060(a) and (b), Texas Government Code, which reference rules created by the department regarding digital signatures; and §322.017 et seq., Texas Business and Commerce Code, which allows the department to specify the management of electronic records.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 3, 2017.

TRD-201704455

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: November 23, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 936-7577


SUBCHAPTER B. STATE AGENCY USE OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS

1 TAC §203.23

The Texas Department of Information Resources (Department) hereby adopts amendments to 1 TAC Chapter 203, §203.23, concerning Digital Signatures, to clarify the difference between electronic and digital signatures. The new definitions provide the clarity needed for state agencies and institutions of higher education. The amendment is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4720) and will not be republished.

The proposed rules were submitted to the Information Technology Council for Higher Education (ITCHE) and external state agency stakeholders for review and comment prior to bringing the proposed rule to the Board.

DIR did not receive any comments on the proposed amendment within the comment period.

The amendments are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054; §2054.060(a) and (b), Texas Government Code, which reference rules created by the department regarding digital signatures; and §322.017 et seq., Texas Business and Commerce Code, which allows the department to specify the management of electronic records.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 3, 2017.

TRD-201704456

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: November 23, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 936-7577


SUBCHAPTER C. INSTITUTIONS OF HIGHER EDUCATION USE OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS

1 TAC §203.43

The Texas Department of Information Resources (Department) hereby adopts amendments to 1 TAC Chapter 203, §203.43, concerning Digital Signatures, to clarify the difference between electronic and digital signatures. The new definitions provide the clarity needed for state agencies and institutions of higher education. The amendment is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4720) and will not be republished.

The proposed rules were submitted to the Information Technology Council for Higher Education (ITCHE) and external state agency stakeholders for review and comment prior to bringing the proposed rule to the Board.

DIR did not receive any comments on the proposed amendment within the comment period.

The amendments are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054; §2054.060(a) and (b), Texas Government Code, which reference rules created by the department regarding digital signatures; and §322.017 et seq., Texas Business and Commerce Code, which allows the department to specify the management of electronic records.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 3, 2017.

TRD-201704457

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: November 23, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 936-7577


CHAPTER 212. PURCHASES OF COMMODITY ITEMS

SUBCHAPTER B. REQUIRED PURCHASES

1 TAC §212.11

The Texas Department of Information Resources (Department) hereby adopts an amendment to 1 TAC Chapter 212, §212.11, concerning purchases of commodity items, to modify the thresholds and cap for purchases via DIR's cooperative contracts program. The amended rule is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4724) and will not be republished.

The amendment is necessary to modify the thresholds and cap for purchases via DIR's cooperative contracts program, to comply with the thresholds and cap set forth in SB 533, 85th Legislature, Regular Session (2017). The proposed amendment applies to all state agencies. The proposed amendment was submitted to the Information Technology Council for Higher Education (ITCHE) for review and input before bringing the proposed amendment to the rule to the Board for consideration. The proposed amendment was also reviewed with representatives from state agencies for comments.

The Department received no comment during the 30-day comment period.

The amended rule is adopted pursuant to §2157.068(f), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2157, Texas Government Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 31, 2017.

TRD-201704400

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: November 20, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 936-7577


CHAPTER 216. PROJECT MANAGEMENT PRACTICES

SUBCHAPTER B. PROJECT MANAGEMENT PRACTICES FOR STATE AGENCIES

1 TAC §216.11

The Texas Department of Information Resources (the Department) adopts amendments to 1 TAC Chapter 216, §216.11, concerning Requirements, to clarify the processes and policies of current quality assurance team practices. The amendment is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4724) and will not be republished. The amended rule is necessary as a result of the passage of House Bill 3275 (85R).

In 1 TAC Chapter 216, the Department approves adding a subsection requiring the department to monitor and report on performance indicators for each major information resources project for state agencies to ensure compliance with Texas Government Code §2054.159.

The changes to the chapter only apply to state agencies and not institutions of higher education. The proposed rules were submitted to the Information Technology Council for Higher Education (ITCHE) for an impact assessment review.

DIR did not receive any comments on the proposed amendment within the comment period.

The amendments are adopted pursuant to §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, Texas Government Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 30, 2017.

TRD-201704389

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: November 19, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 936-7577