85R20149 BEF-F
By: Elkins H.B. No. 1861
Substitute the following for H.B. No. 1861:
By: Capriglione C.S.H.B. No. 1861
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain information related to a
computer security incident.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.139, Government Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (d) to
read as follows:
(b) Except as provided by Subsection (b-1), the [The]
following information is confidential:
(1) a computer network vulnerability report;
(2) any other assessment of the extent to which data
processing operations, a computer, a computer program, network,
system, or system interface, or software of a governmental body or
of a contractor of a governmental body is vulnerable to
unauthorized access or harm, including an assessment of the extent
to which the governmental body's or contractor's electronically
stored information containing sensitive or critical information is
vulnerable to alteration, damage, erasure, or inappropriate use;
[and]
(3) a photocopy or other copy of an identification
badge issued to an official or employee of a governmental body; and
(4) information directly arising from a governmental
body's routine efforts to prevent, detect, or investigate a
computer security incident, including information contained in or
derived from an information security log.
(b-1) Subsection (b) does not apply to information related
to a breach of system security as defined by Section 521.053,
Business & Commerce Code.
(d) A state agency shall redact from a contract posted on
the agency's Internet website under Section 2261.253 information
that is made confidential by, or excepted from required public
disclosure under, this section. The availability of information
redacted as provided by this subsection in response to a request
made under this chapter is governed by this chapter.
SECTION 2. Section 552.139(b), Government Code, as amended
by this Act, and Section 552.139(b-1), Government Code, as added by
this Act, apply only to a request for public information received on
or after the effective date of this Act. A request received before
the effective date of this Act is governed by the law in effect when
the request was received, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.