S.B. No. 64
AN ACT
relating to cybersecurity for information resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Sections 61.09091 and 61.09092 to read as
follows:
Sec. 61.09091. STRATEGIES TO INCENTIVIZE CYBERSECURITY
DEGREE PROGRAMS. (a) The board in collaboration with the
Department of Information Resources shall identify and develop
strategies to incentivize institutions of higher education to
develop degree programs in cybersecurity.
(b) The board shall consult with institutions of higher
education as necessary to carry out its duties under this section.
(c) Not later than September 1, 2020, the board shall submit
a written report detailing the strategies identified under this
section to the lieutenant governor, the speaker of the house of
representatives, the presiding officer of each legislative
standing committee with primary jurisdiction over higher
education, and each governing board of an institution of higher
education.
(d) This section expires September 1, 2021.
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 2. 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,
cybersecurity event, other public calamity requiring emergency
action, or energy emergency.
SECTION 3. 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 4. 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 5. 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 6. Section 815.103, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) The retirement system shall comply with cybersecurity
and information security standards established by the Department of
Information Resources under Chapter 2054.
SECTION 7. Section 825.103, Government Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) Except as provided by Subsection (e-1), Chapters 2054
and 2055 do not apply to the retirement system. The board of
trustees shall control all aspects of information technology and
associated resources relating to the retirement system, including
computer, data management, and telecommunication operations,
procurement of hardware, software, and middleware, and
telecommunication equipment and systems, location, operation, and
replacement of computers, computer systems, and telecommunication
systems, data processing, security, disaster recovery, and
storage. The Department of Information Resources shall assist the
retirement system at the request of the retirement system, and the
retirement system may use any service that is available through
that department.
(e-1) The retirement system shall comply with cybersecurity
and information security standards established by the Department of
Information Resources under Chapter 2054.
SECTION 8. Section 2054.0075, Government Code, is amended
to read as follows:
Sec. 2054.0075. EXCEPTION: PUBLIC JUNIOR COLLEGE. This
chapter does not apply to a public junior college or a public junior
college district, except as necessary to comply with information
security standards and for participation in shared technology
services, including the electronic government project implemented
under Subchapter I and statewide technology centers under
Subchapter L [except as to Section 2054.119, Government Code].
SECTION 9. Section 2054.0591(a), Government Code, is
amended to read as follows:
(a) Not later than November 15 of each even-numbered year,
the department shall submit to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing committee of each house of the legislature with primary
jurisdiction over state government operations a report identifying
preventive and recovery efforts the state can undertake to improve
cybersecurity in this state. The report must include:
(1) an assessment of the resources available to
address the operational and financial impacts of a cybersecurity
event;
(2) a review of existing statutes regarding
cybersecurity and information resources technologies;
(3) recommendations for legislative action to
increase the state's cybersecurity and protect against adverse
impacts from a cybersecurity event; and
(4) an evaluation of a program that provides an
information security officer to assist small state agencies and
local governments that are unable to justify hiring a full-time
information security officer [the costs and benefits of
cybersecurity insurance; and
[(5) an evaluation of tertiary disaster recovery
options].
SECTION 10. Section 2054.0594, Government Code, is amended
to read as follows:
Sec. 2054.0594. INFORMATION SHARING AND ANALYSIS
ORGANIZATION [CENTER]. (a) The department shall establish an
information sharing and analysis organization [center] to provide a
forum for state agencies, local governments, public and private
institutions of higher education, and the private sector to share
information regarding cybersecurity threats, best practices, and
remediation strategies.
(b) [The department shall appoint persons from appropriate
state agencies to serve as representatives to the information
sharing and analysis center.
[(c)] The department[, using funds other than funds
appropriated to the department in a general appropriations act,]
shall provide administrative support to the information sharing and
analysis organization [center].
(c) A participant in the information sharing and analysis
organization shall assert any exception available under state or
federal law, including Section 552.139, in response to a request
for public disclosure of information shared through the
organization. Section 552.007 does not apply to information
described by this subsection.
SECTION 11. Section 2054.068(e), Government Code, is
amended to read as follows:
(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 agency
efforts to address the risks and related vulnerabilities[, and an
estimate of the costs to implement, the:
[(A) requirements for the agency to address the
risks and related vulnerabilities; and
[(B) agency's efforts to address the risks
through the:
[(i) modernization of information
technology systems;
[(ii) use of cloud services; and
[(iii) use of a statewide technology center
established by the department].
SECTION 12. Subchapter C, Chapter 2054, Government Code, is
amended by adding Section 2054.069 to read as follows:
Sec. 2054.069. PRIORITIZED CYBERSECURITY AND LEGACY SYSTEM
PROJECTS REPORT. (a) Not later than October 1 of each
even-numbered year, the department shall submit a report to the
Legislative Budget Board that prioritizes, for the purpose of
receiving funding, state agency:
(1) cybersecurity projects; and
(2) projects to modernize or replace legacy systems,
as defined by Section 2054.571.
(b) Each state agency shall coordinate with the department
to implement this section.
(c) A state agency shall assert any exception available
under state or federal law, including Section 552.139, in response
to a request for public disclosure of information contained in or
written, produced, collected, assembled, or maintained in
connection with the report under Subsection (a). Section 552.007
does not apply to information described by this subsection.
SECTION 13. Sections 2054.077(b) and (d), Government Code,
are amended to read as follows:
(b) The information security officer [resources manager] of
a state agency shall prepare or have prepared a report, including an
executive summary of the findings of the biennial report, not later
than October 15 of each even-numbered year, assessing the extent to
which a computer, a computer program, a computer network, a
computer system, a printer, an interface to a computer system,
including mobile and peripheral devices, computer software, or data
processing of the agency or of a contractor of the agency is
vulnerable to unauthorized access or harm, including the extent to
which the agency's or contractor's electronically stored
information is vulnerable to alteration, damage, erasure, or
inappropriate use.
(d) The information security officer [resources manager]
shall provide an electronic copy of the vulnerability report on its
completion to:
(1) the department;
(2) the state auditor;
(3) the agency's executive director;
(4) the agency's designated information resources
manager; and
(5) [(4)] any other information technology security
oversight group specifically authorized by the legislature to
receive the report.
SECTION 14. Section 2054.1125, Government Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A state agency that owns, licenses, or maintains
computerized data that includes sensitive personal information,
confidential information, or information the disclosure of which is
regulated by law shall, in the event of a breach or suspected breach
of system security or an unauthorized exposure of that information:
(1) comply with the notification requirements of
Section 521.053, Business & Commerce Code, to the same extent as a
person who conducts business in this state; and
(2) not later than 48 hours after the discovery of the
breach, suspected breach, or unauthorized exposure, notify:
(A) the department, including the chief
information security officer [and the state cybersecurity
coordinator]; or
(B) if the breach, suspected breach, or
unauthorized exposure involves election data, the secretary of
state.
(c) Not later than the 10th business day after the date of
the eradication, closure, and recovery from a breach, suspected
breach, or unauthorized exposure, a state agency shall notify the
department, including the chief information security officer, of
the details of the event and include in the notification an analysis
of the cause of the event.
SECTION 15. Section 2054.133(e), Government Code, is
amended to read as follows:
(e) Each state agency shall include in the agency's
information security plan a written document that is signed by
[acknowledgment that] the [executive director or other] head of the
agency, the chief financial officer, and each executive manager
[as] designated by the state agency and states that those persons
have been made aware of the risks revealed during the preparation of
the agency's information security plan.
SECTION 16. Section 2054.516, Government Code, as added by
Chapters 683 (H.B. 8) and 955 (S.B. 1910), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to
read as follows:
Sec. 2054.516. DATA SECURITY PLAN FOR ONLINE AND MOBILE
APPLICATIONS. (a) Each state agency[, other than an institution
of higher education subject to Section 2054.517,] implementing an
Internet website or mobile application that processes any sensitive
personal or personally identifiable information or confidential
information must:
(1) submit a biennial data security plan to the
department not later than October 15 of each even-numbered year to
establish planned beta testing for the website or application; and
(2) subject the website or application to a
vulnerability and penetration test and address any vulnerability
identified in the test.
(b) The department shall review each data security plan
submitted under Subsection (a) and make any recommendations for
changes to the plan to the state agency as soon as practicable after
the department reviews the plan.
SECTION 17. Subchapter N-1, Chapter 2054, Government Code,
is amended by adding Section 2054.519 to read as follows:
Sec. 2054.519. 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 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.
SECTION 18. 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.
SECTION 19. Section 2059.058(b), Government Code, is
amended to read as follows:
(b) In addition to the department's duty to provide network
security services to state agencies under this chapter, the
department by agreement may provide network security to:
(1) each house of the legislature;
(2) an agency that is not a state agency, including a
legislative agency;
(3) a political subdivision of this state, including a
county, municipality, or special district; [and]
(4) an independent organization, as defined by Section
39.151, Utilities Code; and
(5) a public junior college.
SECTION 20. Section 1702.104, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The review and analysis of computer-based data for the
purpose of preparing for or responding to a cybersecurity event
does not constitute an investigation for purposes of this section
and does not require licensing under this chapter.
SECTION 21. Chapter 31, Utilities Code, is amended by
designating Sections 31.001 through 31.005 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 22. Chapter 31, Utilities Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. CYBERSECURITY
Sec. 31.051. DEFINITION. In this subchapter, "utility"
means:
(1) an electric cooperative;
(2) an electric utility;
(3) a municipally owned electric utility; or
(4) a transmission and distribution utility.
Sec. 31.052. CYBERSECURITY COORDINATION PROGRAM FOR
UTILITIES. (a) The commission shall establish a program to
monitor cybersecurity efforts among utilities in this state. The
program shall:
(1) provide guidance on best practices in
cybersecurity and facilitate the sharing of cybersecurity
information between utilities; and
(2) provide guidance on best practices for
cybersecurity controls for supply chain risk management of
cybersecurity systems used by utilities, which may include, as
applicable, best practices related to:
(A) software integrity and authenticity;
(B) vendor risk management and procurement
controls, including notification by vendors of incidents related to
the vendor's products and services; and
(C) vendor remote access.
(b) The commission may collaborate with the state
cybersecurity coordinator and the cybersecurity council
established under Chapter 2054, Government Code, in implementing
the program.
SECTION 23. Section 39.151, Utilities Code, is amended by
adding Subsections (o) and (p) to read as follows:
(o) An independent organization certified by the commission
under this section shall:
(1) conduct internal cybersecurity risk assessment,
vulnerability testing, and employee training to the extent the
independent organization is not otherwise required to do so under
applicable state and federal cybersecurity and information
security laws; and
(2) submit a report annually to the commission on the
independent organization's compliance with applicable
cybersecurity and information security laws.
(p) Information submitted in a report under Subsection (o)
is confidential and not subject to disclosure under Chapter 552,
Government Code.
SECTION 24. Sections 2054.119, 2054.513, and 2054.517,
Government Code, are repealed.
SECTION 25. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions and corrections in enacted
codes.
SECTION 26. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 64 passed the Senate on
April 26, 2019, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 24, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 64 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 142,
Nays 1, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor