1 | | - | H.B. No. 1421 |
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| 1 | + | By: Israel, et al. (Senate Sponsor - Zaffirini) H.B. No. 1421 |
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| 2 | + | (In the Senate - Received from the House April 16, 2019; |
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| 3 | + | April 17, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 15, 2019, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | + | May 15, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 1421 By: Zaffirini |
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4 | 12 | | AN ACT |
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5 | 13 | | relating to cybersecurity of voter registration lists and other |
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6 | 14 | | election-related documents, systems, and technology. |
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7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 16 | | SECTION 1. Title 16, Election Code, is amended by adding |
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9 | 17 | | Chapter 279 to read as follows: |
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10 | 18 | | CHAPTER 279. CYBERSECURITY OF ELECTION SYSTEMS |
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11 | 19 | | Sec. 279.001. DEFINITIONS. In this chapter: |
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12 | 20 | | (1) "County election officer" means an individual |
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13 | 21 | | employed by a county as an elections administrator, voter |
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14 | 22 | | registrar, county clerk, or other officer with responsibilities |
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15 | 23 | | relating to the administration of elections. |
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16 | 24 | | (2) "Election data" means information that is created |
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17 | 25 | | or managed in the operation of an election system. |
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18 | 26 | | (3) "Election system" means a voting system and the |
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19 | 27 | | technology used to support the conduct of an election, including |
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20 | 28 | | the election data processed or produced in the course of conducting |
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21 | 29 | | an election, such as voter registration information, ballot |
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22 | 30 | | information, collected and tabulated votes, election management |
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23 | 31 | | processes and procedures, and other election-related documents and |
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24 | 32 | | election data. |
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25 | 33 | | Sec. 279.002. ELECTION CYBERSECURITY: SECRETARY OF STATE. |
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26 | 34 | | (a) The secretary of state shall adopt rules defining classes of |
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27 | 35 | | protected election data and establishing best practices for |
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28 | 36 | | identifying and reducing risk to the electronic use, storage, and |
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29 | 37 | | transmission of election data and the security of election systems. |
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30 | 38 | | (b) The secretary of state shall offer training on best |
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31 | 39 | | practices: |
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32 | 40 | | (1) on an annual basis, to all appropriate personnel |
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33 | 41 | | in the secretary of state's office; and |
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34 | 42 | | (2) on request, to county election officers in this |
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35 | 43 | | state. |
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36 | 44 | | (c) If the secretary of state becomes aware of a breach of |
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37 | 45 | | cybersecurity that impacts election data, the secretary shall |
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38 | 46 | | immediately notify the members of the standing committees of each |
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39 | 47 | | house of the legislature with jurisdiction over elections. |
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40 | 48 | | Sec. 279.003. ELECTION CYBERSECURITY: COUNTY ELECTION |
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41 | 49 | | OFFICERS. (a) A county election officer shall annually request |
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42 | 50 | | training on cybersecurity from the secretary of state. The |
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43 | 51 | | secretary of state shall pay the costs associated with the training |
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44 | 52 | | with available state funds. |
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45 | 53 | | (b) A county election officer shall request an assessment of |
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46 | 54 | | the cybersecurity of the county's election system from a provider |
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47 | 55 | | of cybersecurity assessments if the secretary of state recommends |
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48 | 56 | | an assessment and the necessary funds are available. |
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49 | 57 | | (c) If a county election officer becomes aware of a breach |
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50 | 58 | | of cybersecurity that impacts election data, the officer shall |
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51 | 59 | | immediately notify the secretary of state. |
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52 | 60 | | (d) To the extent that state funds are available for the |
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53 | 61 | | purpose, a county election officer shall implement cybersecurity |
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54 | 62 | | measures to ensure that all devices with access to election data |
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55 | 63 | | comply to the highest extent possible with rules adopted by the |
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56 | 64 | | secretary of state under Section 279.002. |
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57 | 65 | | SECTION 2. This Act takes effect September 1, 2019. |
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58 | | - | ______________________________ ______________________________ |
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59 | | - | President of the Senate Speaker of the House |
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60 | | - | I certify that H.B. No. 1421 was passed by the House on April |
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61 | | - | 16, 2019, by the following vote: Yeas 121, Nays 15, 1 present, not |
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62 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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63 | | - | No. 1421 on May 23, 2019, by the following vote: Yeas 115, Nays 23, |
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64 | | - | 1 present, not voting. |
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65 | | - | ______________________________ |
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66 | | - | Chief Clerk of the House |
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67 | | - | I certify that H.B. No. 1421 was passed by the Senate, with |
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68 | | - | amendments, on May 21, 2019, by the following vote: Yeas 31, Nays |
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69 | | - | 0. |
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70 | | - | ______________________________ |
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71 | | - | Secretary of the Senate |
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72 | | - | APPROVED: __________________ |
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73 | | - | Date |
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74 | | - | __________________ |
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75 | | - | Governor |
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| 66 | + | * * * * * |
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