Texas 2019 86th Regular

Texas House Bill HB4214 Comm Sub / Bill

Filed 04/22/2019

                    86R23155 AAF-D
 By: Capriglione, Bohac, Blanco, et al. H.B. No. 4214
 Substitute the following for H.B. No. 4214:
 By:  Hernandez C.S.H.B. No. 4214


 A BILL TO BE ENTITLED
 AN ACT
 relating to matters concerning governmental entities, including
 cybersecurity, governmental efficiencies, information resources,
 and emergency planning.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 37.108(b), Education Code, is amended to
 read as follows:
 (b)  At least once every three years, each school district or
 public junior college district shall conduct a safety and security
 audit of the district's facilities, including an information
 technology cybersecurity assessment. To the extent possible, a
 district shall follow safety and security audit procedures
 developed by the Texas School Safety Center or a comparable public
 or private entity.
 SECTION 2.  Subchapter C, Chapter 61, Education Code, is
 amended by adding Section 61.09092 to read as follows:
 Sec. 61.09092.  COORDINATION OF CYBERSECURITY COURSEWORK
 DEVELOPMENT. (a) In this section, "lower-division institution of
 higher education" means a public junior college, public state
 college, or public technical institute.
 (b)  The board, in consultation with the Department of
 Information Resources, shall coordinate with lower-division
 institutions of higher education and entities that administer or
 award postsecondary industry certifications or other workforce
 credentials in cybersecurity to develop certificate programs or
 other courses of instruction leading toward those certifications or
 credentials that may be offered by lower-division institutions of
 higher education.
 (c)  The board may adopt rules as necessary for the
 administration of this section.
 SECTION 3.  Subchapter F, Chapter 401, Government Code, is
 amended by adding Section 401.106 to read as follows:
 Sec. 401.106.  CHIEF INNOVATION OFFICER. (a) The governor
 shall appoint a chief innovation officer.
 (b)  The chief innovation officer shall:
 (1)  develop procedures and processes to improve
 internal state government efficiency and performance;
 (2)  develop methods to improve the experience of
 residents, businesses, and local governments in interacting with
 state government;
 (3)  in cooperation with the Department of Information
 Resources, increase the use of technology by state agencies to
 improve services provided by the agencies and to reduce state
 expenses and inefficiencies;
 (4)  provide state agency personnel with training in
 skills that support innovation;
 (5)  provide state agency managers with training to
 support innovation and encourage creative thinking; and
 (6)  develop and apply measures to document
 improvements in state government innovation and in employee skills
 that support innovation.
 (c)  In performing the duties required under Subsection (b),
 the chief innovation officer shall:
 (1)  use strategic innovation;
 (2)  promote open innovation;
 (3)  introduce and use group tools and processes that
 encourage creative thinking; and
 (4)  conduct market research to determine the best
 practices for increasing innovation and implement those best
 practices.
 SECTION 4.  Section 418.004(1), Government Code, is amended
 to read as follows:
 (1)  "Disaster" means the occurrence or imminent threat
 of widespread or severe damage, injury, or loss of life or property
 resulting from any natural or man-made cause, including fire,
 flood, earthquake, wind, storm, wave action, oil spill or other
 water contamination, volcanic activity, epidemic, air
 contamination, blight, drought, infestation, explosion, riot,
 hostile military or paramilitary action, extreme heat, cyber
 attack, other public calamity requiring emergency action, or energy
 emergency.
 SECTION 5.  Subchapter B, Chapter 421, Government Code, is
 amended by adding Section 421.027 to read as follows:
 Sec. 421.027.  CYBER INCIDENT STUDY AND RESPONSE PLAN. (a)
 In this section:
 (1)  "Cyber incident" means an event occurring on or
 conducted through a computer network that actually or imminently
 jeopardizes the integrity, confidentiality, or availability of
 computers, information or communications systems or networks,
 physical or virtual infrastructure controlled by computers or
 information systems, or information on the computers or systems.
 The term includes a vulnerability in implementation or in an
 information system, system security procedure, or internal control
 that could be exploited by a threat source.
 (2)  "Significant cyber incident" means a cyber
 incident, or a group of related cyber incidents, likely to result in
 demonstrable harm to state security interests, foreign relations,
 or the economy of this state or to the public confidence, civil
 liberties, or public health and safety of the residents of this
 state.
 (b)  The council, in cooperation with the Department of
 Information Resources, shall:
 (1)  conduct a study regarding cyber incidents and
 significant cyber incidents affecting state agencies and critical
 infrastructure that is owned, operated, or controlled by agencies;
 and
 (2)  develop a comprehensive state response plan to
 provide a format for each state agency to develop an
 agency-specific response plan and to implement the plan into the
 agency's information security plan required under Section 2054.133
 to be implemented by the agency in the event of a cyber incident or
 significant cyber incident affecting the agency or critical
 infrastructure that is owned, operated, or controlled by the
 agency.
 (c)  Not later than September 1, 2020, the council shall
 deliver the response plan and a report on the findings of the study
 to:
 (1)  the public safety director of the Department of
 Public Safety;
 (2)  the governor;
 (3)  the lieutenant governor;
 (4)  the speaker of the house of representatives;
 (5)  the chair of the committee of the senate having
 primary jurisdiction over homeland security matters; and
 (6)  the chair of the committee of the house of
 representatives having primary jurisdiction over homeland security
 matters.
 (d)  The response plan required by Subsection (b) and the
 report required by Subsection (c) are not public information for
 purposes of Chapter 552.
 (e)  This section expires December 1, 2020.
 SECTION 6.  Subchapter F, Chapter 437, Government Code, is
 amended by adding Section 437.255 to read as follows:
 Sec. 437.255.  ASSISTING TEXAS STATE GUARD WITH CYBER
 OPERATIONS. To serve the state and safeguard the public from
 malicious cyber activity, the governor may command the Texas
 National Guard to assist the Texas State Guard with defending the
 state's cyber operations.
 SECTION 7.  The heading to Section 656.047, Government Code,
 is amended to read as follows:
 Sec. 656.047.  PAYMENT OF PROGRAM AND CERTIFICATION
 EXAMINATION EXPENSES.
 SECTION 8.  Section 656.047, Government Code, is amended by
 adding Subsection (a-1) to read as follows:
 (a-1)  A state agency may spend public funds as appropriate
 to reimburse a state agency employee or administrator who serves in
 an information technology, cybersecurity, or other cyber-related
 position for fees associated with industry-recognized
 certification examinations.
 SECTION 9.  Section 2054.059, Government Code, is amended to
 read as follows:
 Sec. 2054.059.  CYBERSECURITY. From available funds, the
 department shall:
 (1)  establish and administer a clearinghouse for
 information relating to all aspects of protecting the cybersecurity
 of state agency information;
 (2)  develop strategies and a framework for:
 (A)  the securing of cyberinfrastructure by state
 agencies, including critical infrastructure; and
 (B)  cybersecurity risk assessment and mitigation
 planning;
 (3)  develop and provide training to state agencies,
 including training for new employees of state agencies, on
 cybersecurity measures and awareness;
 (4)  provide assistance to state agencies on request
 regarding the strategies and framework developed under Subdivision
 (2); and
 (5)  promote public awareness of cybersecurity issues.
 SECTION 10.  Subchapter C, Chapter 2054, Government Code, is
 amended by adding Section 2054.069 to read as follows:
 Sec. 2054.069.  SECURITY PROGRAM FOR INTERNET CONNECTIVITY
 OF CERTAIN OBJECTS. (a) The department, in consultation with
 representatives of the information technology industry and
 voluntary standards organizations and the 10 state agencies that
 received the most state appropriations for that state fiscal year
 as determined by the Legislative Budget Board, shall develop a
 comprehensive risk management program that identifies baseline
 security features for the Internet connectivity of computing
 devices embedded in objects used or purchased by state agencies.
 (b)  In developing the program under Subsection (a), the
 department shall identify and use existing international security
 standards and best practices and any known security gaps for a range
 of deployments, including critical systems and consumer usage.
 SECTION 11.  Subchapter F, Chapter 2054, Government Code, is
 amended by adding Sections 2054.137, 2054.138, and 2054.139 to read
 as follows:
 Sec. 2054.137.  INFORMATION SECURITY CONTINUOUS MONITORING
 PROGRAM. (a) In this section:
 (1)  "Common control" means a security control that is
 inherited by one or more information resources technologies.
 (2)  "Program" means the information security
 continuous monitoring program described by this section.
 (b)  Each state agency shall:
 (1)  develop and maintain an information security
 continuous monitoring program that:
 (A)  allows the agency to maintain ongoing
 awareness of the security and vulnerabilities of and threats to the
 agency's information resources;
 (B)  provides a clear understanding of
 organizational risk and helps the agency set priorities and manage
 the risk consistently;
 (C)  addresses how the agency conducts ongoing
 authorizations of information resources technologies and the
 environments in which those technologies operate, including the
 agency's use of common controls;
 (D)  aligns with the continuous monitoring
 guidance, cybersecurity framework, and risk management framework
 published in Special Publications 800-137 and 800-53 by the United
 States Department of Commerce National Institute of Standards and
 Technology;
 (E)  addresses critical security controls,
 including hardware asset management, software asset management,
 configuration management, and vulnerability management; and
 (F)  requires the integration of cybersecurity
 products;
 (2)  establish a strategy and plan to implement a
 program for the agency;
 (3)  to the extent practicable, establish information
 security continuous monitoring as an agency-wide solution and
 deploy enterprise information security continuous monitoring
 products and services;
 (4)  submit specified security-related information to
 the dashboard established under Subsection (c)(3);
 (5)  evaluate and upgrade information resources
 technologies and deploy new products, including agency and
 component information security continuous monitoring dashboards,
 as necessary to support information security continuous monitoring
 and the need to submit security-related information requested by
 the department;
 (6)  require that external service providers hosting
 state information meet state information security requirements for
 information security continuous monitoring; and
 (7)  ensure the agency has adequate staff with the
 necessary training to meet the objectives of the program.
 (c)  The department shall:
 (1)  oversee the implementation of this section by each
 state agency;
 (2)  monitor and assist each state agency in
 implementation of a program and related strategies; and
 (3)  establish a statewide dashboard for information
 security continuous monitoring that provides:
 (A)  a government-wide view of information
 security continuous monitoring; and
 (B)  technical specifications and guidance for
 state agencies on the requirements for submitting information for
 purposes of the dashboard.
 Sec. 2054.138.  CYBERSECURITY THREAT SIMULATION EXERCISES.
 (a) In this section, "executive staff" means the management or
 senior level staff members of a state agency who directly report to
 the executive head of a state agency.
 (b)  The executive head of a state agency and members of the
 executive staff may participate in cybersecurity threat simulation
 exercises with the agency's information resources technologies
 employees to test the cybersecurity capabilities of the agency.
 Sec. 2054.139.  CYBERSECURITY TRAINING FOR NEW EMPLOYEES.
 Not later than the 30th day after the date on which a new employee
 begins employment with a state agency, the employee shall complete
 the cybersecurity training developed by the department under
 Section 2054.059.
 SECTION 12.  Section 2054.512(d), Government Code, is
 amended to read as follows:
 (d)  The cybersecurity council shall:
 (1)  consider the costs and benefits of establishing a
 computer emergency readiness team to address cyber attacks
 occurring in this state during routine and emergency situations;
 (2)  establish criteria and priorities for addressing
 cybersecurity threats to critical state installations;
 (3)  consolidate and synthesize best practices to
 assist state agencies in understanding and implementing
 cybersecurity measures that are most beneficial to this state;
 [and]
 (4)  assess the knowledge, skills, and capabilities of
 the existing information technology and cybersecurity workforce to
 mitigate and respond to cyber threats and develop recommendations
 for addressing immediate workforce deficiencies and ensuring a
 long-term pool of qualified applicants; and
 (5)  ensure all middle and high schools have knowledge
 of and access to:
 (A)  free cybersecurity courses and curriculum
 approved by the Texas Education Agency;
 (B)  state and regional information sharing and
 analysis centers; and
 (C)  contracting benefits, including as provided
 by Section 2054.0565.
 SECTION 13.  Subchapter N-1, Chapter 2054, Government Code,
 is amended by adding Sections 2054.5155, 2054.519, 2054.5191, and
 2054.5192 to read as follows:
 Sec. 2054.5155.  INDEPENDENT RISK ASSESSMENT. (a) At least
 once every five years, in accordance with department rules, each
 state agency shall:
 (1)  contract with an independent third party selected
 from a list provided by the department to conduct an independent
 risk assessment of the agency's exposure to security risks in the
 agency's information resources systems and to conduct tests to
 practice securing systems and notifying all affected parties in the
 event of a data breach; and
 (2)  submit the results of the independent risk
 assessment to the department.
 (b)  The department annually shall compile the results of the
 independent risk assessments conducted in the preceding year and
 prepare:
 (1)  a public report on the general security issues
 covered by the assessments that does not contain any information
 the release of which may compromise any state agency's information
 resources system; and
 (2)  a confidential report on specific risks and
 vulnerabilities that is exempt from disclosure under Chapter 552.
 (c)  The department annually shall submit to the legislature
 a comprehensive report on the results of the independent risk
 assessments conducted under Subsection (a) during the preceding
 year that includes the report prepared under Subsection (b)(1) and
 that identifies systematic or pervasive security risk
 vulnerabilities across state agencies and recommendations for
 addressing the vulnerabilities but does not contain any information
 the release of which may compromise any state agency's information
 resources system.
 Sec. 2054.519.  VENDOR RESPONSIBILITY FOR CYBERSECURITY. A
 vendor that contracts with this state to provide information
 resources technology for a state agency at a cost to the agency of
 $1 million or more is responsible for addressing known
 cybersecurity risks associated with the technology and is
 responsible for any cost associated with addressing the identified
 cybersecurity risks. For a major information resources project,
 the vendor shall provide to state agency contracting personnel:
 (1)  a written attestation that:
 (A)  the vendor has a cybersecurity risk
 management program consistent with:
 (i)  the cybersecurity framework
 established by the National Institute of Standards and Technology;
 (ii)  the 27000 series standards for
 information security published by the International Organization
 for Standardization; or
 (iii)  other widely accepted security risk
 management frameworks;
 (B)  the vendor's cybersecurity risk management
 program includes appropriate training and certifications for the
 employees performing work under the contract; and
 (C)  the vendor has a vulnerability management
 program that addresses vulnerability identification, mitigation,
 and responsible disclosure, as appropriate; and
 (2)  an initial summary of any costs associated with
 addressing or remediating the identified technology or
 personnel-related cybersecurity risks as identified in
 collaboration with this state following a risk assessment.
 Sec. 2054.5191.  CYBERSTAR PROGRAM; CERTIFICATE OF
 APPROVAL. (a)  The state cybersecurity coordinator, in
 collaboration with the cybersecurity council and public and private
 entities in this state, shall develop best practices for
 cybersecurity that include:
 (1)  measureable, flexible, and voluntary
 cybersecurity risk management programs for public and private
 entities to adopt to prepare for and respond to cyber incidents that
 compromise the confidentiality, integrity, and availability of the
 entities' information systems;
 (2)  appropriate training and information for
 employees or other individuals who are most responsible for
 maintaining security of the entities' information systems;
 (3)  consistency with:
 (A)  for a municipality or county, the multihazard
 emergency operations plan and the safety and security audit
 required under Section 364.0101, Local Government Code; and
 (B)  the National Institute of Standards and
 Technology standards for cybersecurity;
 (4)  public service announcements to encourage
 cybersecurity awareness; and
 (5)  coordination with local and state governmental
 entities.
 (b)  The state cybersecurity coordinator shall establish a
 cyberstar certificate program to recognize public and private
 entities that implement the best practices for cybersecurity
 developed in accordance with Subsection (a). The program must
 allow a public or private entity to submit to the department a form
 certifying that the entity has complied with the best practices and
 the department to issue a certificate of approval to the entity.
 The entity may include the certificate of approval in
 advertisements and other public communications.
 (c)  The state cybersecurity coordinator shall conduct an
 annual public event to promote best practices for cybersecurity.
 Sec. 2054.5192.  ENCRYPTED SECURE LAYER SERVICES REQUIRED.
 Each state agency that maintains a publicly accessible Internet
 website that requires the submission of sensitive personally
 identifiable information shall use an encrypted secure
 communication protocol, including a secure hypertext transfer
 protocol.
 SECTION 14.  Chapter 2054, Government Code, is amended by
 adding Subchapter R to read as follows:
 SUBCHAPTER R. INFORMATION RESOURCES OF GOVERNMENTAL ENTITIES
 Sec. 2054.601.  USE OF NEXT GENERATION TECHNOLOGY. Each
 state agency and local government shall, in the administration of
 the agency or local government, consider using next generation
 technologies, including cryptocurrency, blockchain technology, and
 artificial intelligence.
 Sec. 2054.602.  LIABILITY EXEMPTION. A person who in good
 faith discloses to a state agency or other governmental entity
 information regarding a potential security issue with respect to
 the agency's or entity's information resources technologies is not
 liable for any civil damages resulting from disclosing the
 information unless the person stole, retained, or sold any data
 obtained as a result of the security issue.
 Sec. 2054.603.  MATCHING GRANTS FOR LOCAL CYBERSECURITY
 PROJECTS. (a) In this section, "local governmental entity" means a
 political subdivision of the state, including a:
 (1)  county;
 (2)  municipality;
 (3)  public school district; or
 (4)  special-purpose district or authority.
 (b)  Using available funds, the governor shall establish and
 administer a cybersecurity matching grant program to award grants
 to local governmental entities to defray the costs of cybersecurity
 projects.
 (c)  A local governmental entity that applies to the office
 of the governor for a matching grant under this section must
 identify the source and amount of the local governmental entity's
 matching funds. If the office approves a grant application, the
 office shall award to the local governmental entity a grant amount
 equal to 150 percent of the amount committed by the entity.
 (d)  The office may set a deadline for grant applications for
 each state fiscal year.
 (e)  The governor shall adopt rules to implement the grant
 program created under this section.
 Sec. 2054.604.  CYBERSECURITY THREAT ASSESSMENT. The
 department shall develop a cybersecurity threat assessment for
 local governments that provides best practices for preventing
 cybersecurity attacks.
 Sec. 2054.605.  REPOSITORY FOR CYBERSECURITY EDUCATION AND
 TRAINING. The department, in conjunction with institutions of
 higher education as defined by Section 61.003, Education Code,
 shall maintain and promote a centralized repository of information
 on cybersecurity education and training that is available to any
 governmental entity in this state.
 SECTION 15.  Subchapter B, Chapter 2155, Government Code, is
 amended by adding Section 2155.092 to read as follows:
 Sec. 2155.092.  VENDOR CERTIFICATION FOR CERTAIN GOODS. (a)
 This section does not apply to a good provided as part of a major
 information resources project as defined by Section 2054.003.
 (b)  A vendor offering to sell to the state a good embedded
 with a computing device capable of Internet connectivity must
 include with each bid, offer, proposal, or other expression of
 interest a written certification providing that the good does not
 contain, at the time of submitting the bid, offer, proposal, or
 expression of interest, a hardware, software, or firmware component
 with any known security vulnerability or defect.
 SECTION 16.  The heading to Section 2157.007, Government
 Code, is amended to read as follows:
 Sec. 2157.007.  [CONSIDERATION OF] CLOUD COMPUTING SERVICE
 [PURCHASE].
 SECTION 17.  Section 2157.007, Government Code, is amended
 by amending Subsection (b) and adding Subsection (f) to read as
 follows:
 (b)  A state agency shall ensure [consider cloud computing
 service options, including any security benefits and 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 an
 automated information system or a major information resources
 project under Section 2054.118, that the system or project is
 capable of being deployed and run on cloud computing services.
 (f)  The department shall periodically review guidelines on
 state agency information that may be stored by a cloud computing or
 other storage service and the cloud computing or other storage
 services available to state agencies for that storage to ensure
 that an agency purchasing a major information resources project
 under Section 2054.118 selects the most affordable, secure, and
 efficient cloud computing or other storage service available to the
 agency.  The guidelines must include appropriate privacy and
 security standards that, at a minimum, require a vendor who offers
 cloud computing or other storage services or other software,
 applications, online services, or information technology solutions
 to any state agency to demonstrate that data provided by the state
 to the vendor will be maintained in compliance with all applicable
 state and federal laws and rules.
 SECTION 18.  Section 205.010(b), Local Government Code, is
 amended to read as follows:
 (b)  A local government that owns, licenses, or maintains
 computerized data that includes sensitive personal information
 shall comply, in the event of a breach of system security, with the
 notification requirements of:
 (1)  Section 364.0053;
 (2)  Section 364.0102; and
 (3)  Section 521.053, Business & Commerce Code, to the
 same extent as a person who conducts business in this state.
 SECTION 19.  Subtitle C, Title 11, Local Government Code, is
 amended by adding Chapter 364 to read as follows:
 CHAPTER 364. LOCAL GOVERNMENT CYBERSECURITY AND EMERGENCY PLANNING
 AND RESPONSE
 SUBCHAPTER A. GENERAL PROVISIONS
 Sec. 364.0001.  DEFINITIONS. In this chapter:
 (1)  "Breach of system security" has the meaning
 assigned by Section 521.053, Business & Commerce Code.
 (2)  "Cybersecurity coordinator" means the state
 cybersecurity coordinator designated under Section 2054.511,
 Government Code.
 (3)  "Cybersecurity council" means the council
 established by the cybersecurity coordinator under Section
 2054.512, Government Code.
 (4)  "Sensitive personal information" has the meaning
 assigned by Section 521.002, Business & Commerce Code.
 SUBCHAPTER B. REGIONAL INFORMATION SHARING AND ANALYSIS CENTERS
 Sec. 364.0051.  ESTABLISHMENT. (a)  The cybersecurity
 coordinator shall provide for the establishment and operation of
 not more than 20 regional information sharing and analysis centers.
 (b)  Regional information sharing and analysis centers shall
 be located throughout the state so that the boundaries for each
 center are coextensive with the regional education service centers
 established under Chapter 8, Education Code.
 Sec. 364.0052.  MEMBERSHIP. Each municipality with a
 population of more than 25,000 shall join the regional information
 sharing and analysis center in which the municipality is
 predominantly located.  Any other political subdivision may join
 the regional information sharing and analysis center in which the
 political subdivision is predominantly located.
 Sec. 364.0053.  SECURITY BREACH NOTIFICATION. (a)  Not
 later than 48 hours after a political subdivision discovers a
 breach or suspected breach of system security or an unauthorized
 exposure of sensitive personal information, the political
 subdivision shall notify the regional information sharing and
 analysis center of the breach.  The notification must describe the
 breach, suspected breach, or unauthorized exposure.
 (b)  A regional information sharing and analysis center
 shall report to the Department of Information Resources any breach
 of system security reported by a political subdivision in which the
 person responsible for the breach:
 (1)  obtained or modified specific critical or
 sensitive personal information;
 (2)  established access to the political subdivision's
 information systems or infrastructure; or
 (3)  undermined, severely disrupted, or destroyed a
 core service, program, or function of the political subdivision, or
 placed the person in a position to do so in the future.
 Sec. 364.0054.  RULEMAKING. The cybersecurity coordinator
 may adopt rules necessary to implement this subchapter.
 SUBCHAPTER C. EMERGENCY PLANNING AND RESPONSE
 Sec. 364.0101.  MULTIHAZARD EMERGENCY OPERATIONS PLAN;
 SAFETY AND SECURITY AUDIT. (a)  This section applies to a
 municipality or county with a population of more than 100,000.
 (b)  Each municipality and county shall adopt and implement a
 multihazard emergency operations plan for use in the municipality's
 and county's facilities. The plan must address mitigation,
 preparedness, response, and recovery as determined by the
 cybersecurity council and the governor's office of homeland
 security. The plan must provide for:
 (1)  municipal or county employee training in
 responding to an emergency;
 (2)  measures to ensure coordination with the
 Department of State Health Services, Department of Information
 Resources, local emergency management agencies, law enforcement
 agencies, local health departments, and fire departments in the
 event of an emergency; and
 (3)  the implementation of a safety and security audit
 as required by Subsection (c).
 (c)  At least once every three years, each municipality and
 county shall conduct a safety and security audit of the
 municipality's or county's information technology infrastructure.
 To the extent possible, a municipality or county shall follow
 safety and security audit procedures developed by the cybersecurity
 council or a comparable public or private entity.
 (d)  A municipality or county shall report the results of the
 safety and security audit conducted under Subsection (c):
 (1)  to the municipality's or county's governing body;
 and
 (2)  in the manner required by the cybersecurity
 council, to the cybersecurity council.
 (e)  Except as provided by Subsection (f), any document or
 information collected, developed, or produced during a safety and
 security audit conducted under Subsection (c) is not subject to
 disclosure under Chapter 552, Government Code.
 (f)  A document relating to a municipality's or county's
 multihazard emergency operations plan is subject to disclosure if
 the document enables a person to:
 (1)  verify that the municipality or county has
 established a plan and determine the agencies involved in the
 development of the plan and the agencies coordinating with the
 municipality or county to respond to an emergency;
 (2)  verify that the municipality's or county's plan
 was reviewed within the last 12 months and determine the specific
 review dates;
 (3)  verify that the plan addresses the phases of
 emergency management under Subsection (b);
 (4)  verify that municipal or county employees have
 been trained to respond to an emergency and determine the types of
 training, the number of employees trained, and the person
 conducting the training;
 (5)  verify that the municipality or county has
 completed a safety and security audit under Subsection (c) and
 determine the date the audit was conducted, the person conducting
 the audit, and the date the municipality or county presented the
 results of the audit to the municipality's or county's governing
 body; and
 (6)  verify that the municipality or county has
 addressed any recommendations by the municipality's or county's
 governing body for improvement of the plan and determine the
 municipality's or county's progress within the last 12 months.
 Sec. 364.0102.  RANSOMWARE PAYMENT. (a) In this section,
 "ransomware" has the meaning assigned by Section 33.023, Penal
 Code.
 (b)  Not later than 48 hours after the time a political
 subdivision makes a ransomware payment, the political subdivision
 shall notify the cybersecurity coordinator of the payment.
 SECTION 20.  Section 2054.513, Government Code, is repealed.
 SECTION 21.  The Department of Information Resources shall
 conduct a study on the types of objects embedded with computing
 devices that are connected to the Internet that are purchased
 through the department. The Department of Information Resources
 shall submit a report on the study to the legislature not later than
 December 31, 2020.
 SECTION 22.  (a) The lieutenant governor shall establish a
 Senate Select Committee on Cybersecurity and the speaker of the
 house of representatives shall establish a House Select Committee
 on Cybersecurity to, jointly or separately, study:
 (1)  cybersecurity in this state;
 (2)  the information security plans of each state
 agency;
 (3)  the risks and vulnerabilities of state agency
 cybersecurity; and
 (4)  information technology procurement.
 (b)  Not later than November 30, 2019:
 (1)  the lieutenant governor shall appoint five
 senators to the Senate Select Committee on Cybersecurity, one of
 whom shall be designated as chair; and
 (2)  the speaker of the house of representatives shall
 appoint five state representatives to the House Select Committee on
 Cybersecurity, one of whom shall be designated as chair.
 (c)  The committees established under this section shall
 convene separately at the call of the chair of the respective
 committees, or jointly at the call of both chairs. In joint
 meetings, the chairs of each committee shall act as joint chairs.
 (d)  Following consideration of the issues listed in
 Subsection (a) of this section, the committees established under
 this section shall jointly adopt recommendations on state
 cybersecurity and report in writing to the legislature any findings
 and adopted recommendations not later than January 12, 2021.
 (e)  This section expires September 1, 2021.
 SECTION 23.  As soon as practicable after the effective date
 of this Act, the governor shall appoint a chief innovation officer
 as required by Section 401.106, Government Code, as added by this
 Act.
 SECTION 24.  Section 2054.139, Government Code, as added by
 this Act, requiring a new employee of a state agency to complete
 cybersecurity training, applies only to an employee who begins
 employment on or after the effective date of this Act.
 SECTION 25.  Section 2155.092, Government Code, as added by
 this Act, applies only in relation to a contract for which a state
 agency first advertises or otherwise solicits bids, offers,
 proposals, or other expressions of interest on or after the
 effective date of this Act.
 SECTION 26.  Section 2157.007, Government Code, as amended
 by this Act, applies only with respect to a purchase made by a state
 agency on or after the effective date of this Act. A purchase made
 before the effective date of this Act is governed by the law in
 effect on the date the purchase was made, and the former law is
 continued in effect for that purpose.
 SECTION 27.  This Act takes effect September 1, 2019.