By: Nelson S.B. No. 532
(In the Senate - Filed January 19, 2017; February 8, 2017,
read first time and referred to Committee on Finance;
March 6, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 13, Nays 0; March 6, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 532 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to information collected about and purchases of
information technology by governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.139(b), Government Code, is amended
to read as follows:
(b) 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 collected, assembled, or maintained
by or for a governmental entity to prevent, detect, or investigate a
security incident related to computerized data.
SECTION 2. Subchapter C, Chapter 2054, Government Code, is
amended by adding Section 2054.068 to read as follows:
Sec. 2054.068. INFORMATION TECHNOLOGY INFRASTRUCTURE
REPORT. (a) In this section, "information technology" includes
information resources and information resources technologies.
(b) The department shall collect from each state agency
information on the status and condition of the agency's information
technology infrastructure, including information regarding:
(1) the agency's information security program;
(2) an inventory of the agency's servers, mainframes,
and other information technology equipment;
(3) identification of vendors that operate and manage
the agency's information technology infrastructure; and
(4) any additional related information requested by
the department.
(c) A state agency shall provide the information required by
Subsection (b) to the department according to a schedule determined
by the department.
(d) Not later than November 15 of each even-numbered year,
the department shall submit to the governor, chair of the house
appropriations committee, chair of the senate finance committee,
speaker of the house of representatives, lieutenant governor, and
staff of the Legislative Budget Board a consolidated report of the
information submitted by state agencies under Subsection (b).
(e) The consolidated report required by Subsection (d)
must:
(1) include an analysis and assessment of each state
agency's security and operational risks; and
(2) for a state agency found to be at higher security
and operational risks, include a detailed analysis of the
requirements for the agency to address the risks and related
vulnerabilities and the cost estimates to implement those
requirements.
(f) With the exception of information that is confidential
under Chapter 552, including Section 552.139, or other state or
federal law, the consolidated report submitted under Subsection (d)
is public information and must be released or made available to the
public on request. A state agency may withhold information
confidential under Chapter 552, including Section 552.139, or other
state or federal law that is contained in a consolidated report
released under this subsection without requesting a decision from
the attorney general under Subchapter G, Chapter 552.
(g) This section does not apply to an institution of higher
education or university system, as defined by Section 61.003,
Education Code.
SECTION 3. Section 2054.0965(a), Government Code, is
amended to read as follows:
(a) Not later than March 31 [December 1] of each
even-numbered [odd-numbered] year, a state agency shall complete a
review of the operational aspects of the agency's information
resources deployment following instructions developed by the
department.
SECTION 4. Section 2157.007, Government Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A state agency shall [may] consider cloud computing
service options, including any cost savings associated with
purchasing those service options from a cloud computing service
provider and from a statewide technology center established by the
department, when making purchases for a major information resources
project under Section 2054.118.
(e) Not later than November 15 of each even-numbered year,
the department, using existing resources, shall submit a report to
the governor, lieutenant governor, and speaker of the house of
representatives on the use of cloud computing service options by
state agencies. The report must include use cases that provided
cost savings and other benefits, including security
enhancements. A state agency shall cooperate with the department
in the creation of the report by providing timely and accurate
information and any assistance required by the department.
SECTION 5. Section 552.139(b), Government Code, as amended
by this Act, applies 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 6. This Act takes effect September 1, 2017.
* * * * *