The Department of Information Resources (department) proposes to publish for public comment proposed new 1 TAC Chapter 206, §§206.1 - 206.3, 206.50 - 206.55 and 206.70 - 206.75 in their entirety, as a portion of the rules affected by the implementation of §2054.121, Texas Government Code, Coordination with Institutions of Higher Education. The department and the Information Technology Council of Higher Education have identified former department rule Chapter 206 as needing restructuring to clarify the instances in which the rules will apply to institutions of higher education. The department intends to publish repeal of 1 TAC Chapter 206 by separate action. In new Chapter 206, §206.55(a) (for state agencies) and §206.75(a) (for institutions of higher education) adopt the Texas State Library and Archive Commission standards for use of meta tags, §206.55(b)(1)(B) (for state agencies), and §206.75(b)(1)(B) (for institutions of higher education) require a link to the Texas Homeland Security Web site, and §206.1(22) updates the standards for transaction risk assessments to those described in Part 2: Risks Pertaining to Electronic Transactions and Signed Records in the "The Guidelines for the Management of Electronic Transactions and Signed Records" available at http://www.dir.state.tx.us/standards/UETA_Guideline.htm. Sections 206.53(a) (for state agencies) and 206.73(a) (for institutions of higher education) have been modified to require a link to the privacy and security policy from the home page or from a "site policies" page. This change was made to potentially reduce the number of links required. Other changes to this section of the rules clarify language and correct grammar. Sections 206.52 (for state agencies) and 206.72 (for institutions of higher education) add a recommendation that state agencies and institutions of higher education provide translations of site content into the primary language(s) of people who use the Web site. This recommendation is made to facilitate usability of state Web sites by people with limited English proficiency. Sections 206.54(3)(A) (for state agencies) and 206.74(3)(A) (for institutions of higher education) have been modified from the existing rule to discourage posting information on state Web sites that might assist terrorists or other malevolent actors in exploiting, creating or enhancing information technology vulnerabilities. This change is proposed to create awareness at state agencies and institutions of higher education that consideration should be given, before posting information on the Web site, as to whether the information might provide an advantage to terrorists or other bad actors. There have been no other substantive changes to the rules, other than the restructuring.

The new rules are structured into three subchapters. Subchapter A, §§206.1 - 206.3, are definitions. Subchapter B, §§206.50 - 206.55, contains the rules that apply only to state agencies that are not institutions of higher education. Subchapter C, §§206.70 - 206.75, contains the rules that apply only to institutions of higher education. These rules are promulgated to implement §2054.121, Texas Government Code, which requires the repeal and readoption of rules in a manner that expressly applies to institutions of higher education, and §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act.

The rules being proposed for publication underwent the analysis required by §2054.121, Texas Government Code, and were found to have no impact on the mission of higher education, student populations, and federal grant requirements. Alternate methods of implementation of this policy were considered to achieve the purpose of the rules and no alternates were found. The department did consider exempting institutions of higher education from all or part of the requirements of the rules but found that the public interest is served by the application of the rules to institutions of higher education.

Mr. Dustin Lanier, Strategic Initiatives Division Director for the department, has determined that there will be no fiscal implications for state or local government if the proposed rules are adopted. The public will benefit by the adoption.

Mr. Lanier believes there will be no different effect on small businesses than there is on large businesses since the rules are inapplicable to businesses, and that there is no additional anticipated economic cost to persons if the rules are adopted.

Comments on the proposed rules may be submitted to Renée Mauzy, General Counsel, Department of Information Resources, via mail to P.O. Box 13564, Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later than 5:00 p.m. CT, within 30 days after publication.

The rules are proposed under §2054.121 and §2054.052(a), Texas Government Code.