The Department of Information Resources (department) adopts new 1 T.A.C. 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. Sections 206.1 - 206.3, 206.50 - 206.55, and 206.70 - 206.75 are adopted without changes to the text as published in the September 10, 2004, issue of the Texas Register (29 TexReg 8725). The text of the rules will not be republished.

No comments were received concerning the proposed new rules.

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 metatags, §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 §206.53(a) (for state agencies) and §206.73(a) (for institutions of higher education) 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. Section 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. Section 206.54(3)(A) (for state agencies) and §206.74(3)(A) (for institutions of higher education) discourage posting information on state Web sites that might assist terrorists or other malevolent actors in exploiting, creating or enhancing information technology vulnerabilities. Adoption of this provision should 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.

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.

The new rules are adopted in accordance with §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 new rules affect Texas Government Code §2054.121 and §2054.052(a).