Texas 2021 - 87th Regular

Texas House Bill HB1118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1118
	1	+	By: Capriglione (Senate Sponsor - Paxton) H.B. No. 1118
	2	+	(In the Senate - Received from the House April 8, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Finance; April 21, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 14, Nays 0;
	6	+	April 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1118 By: West
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to state agency and local government compliance with
6	14		cybersecurity training requirements.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Subchapter A, Chapter 772, Government Code, is
9	17		amended by adding Section 772.012 to read as follows:
10	18		Sec. 772.012. COMPLIANCE WITH CYBERSECURITY TRAINING
11	19		REQUIREMENTS. (a) In this section, "local government" has the
12	20		meaning assigned by Section 2054.003.
13	21		(b) To apply for a grant under this chapter, a local
14	22		government must submit with the grant application a written
15	23		certification of the local government's compliance with the
16	24		cybersecurity training required by Section 2054.5191.
17	25		(c) On a determination by the criminal justice division
18	26		established under Section 772.006 that a local government awarded a
19	27		grant under this chapter has not complied with the cybersecurity
20	28		training required by Section 2054.5191, the local government shall
21	29		pay to this state an amount equal to the amount of the grant award.
22	30		A local government that is the subject of a determination described
23	31		by this subsection is ineligible for another grant under this
24	32		chapter until the second anniversary of the date the local
25	33		government is determined ineligible.
26	34		SECTION 2. The heading to Section 2054.5191, Government
27	35		Code, is amended to read as follows:
28	36		Sec. 2054.5191. CYBERSECURITY TRAINING REQUIRED: CERTAIN
29	37		EMPLOYEES AND OFFICIALS.
30	38		SECTION 3. Section 2054.5191, Government Code, is amended
31	39		by amending Subsections (a-1) and (b) and adding Subsections (a-2),
32	40		(e), and (f) to read as follows:
33	41		(a-1) At least once each year, a local government shall:
34	42		(1) identify local government employees and elected
35	43		and appointed officials who have access to a local government
36	44		computer system or database and use a computer to perform at least
37	45		25 percent of the employee's or official's required duties; and
38	46		(2) require the [those] employees and [elected]
39	47		officials identified under Subdivision (1) [of the local
40	48		government] to complete a cybersecurity training program certified
41	49		under Section 2054.519 [or offered under Section 2054.519(f)].
42	50		(a-2) The governing body of a local government or the
43	51		governing body's designee may deny access to the local government's
44	52		computer system or database to an individual described by
45	53		Subsection (a-1)(1) who the governing body or the governing body's
46	54		designee determines is noncompliant with the requirements of
47	55		Subsection (a-1)(2).
48	56		(b) The governing body of a local government may select the
49	57		most appropriate cybersecurity training program certified under
50	58		Section 2054.519 [or offered under Section 2054.519(f)] for
51	59		employees and officials of the local government to complete. The
52	60		governing body shall:
53	61		(1) verify and report on the completion of a
54	62		cybersecurity training program by employees and officials of the
55	63		local government to the department; and
56	64		(2) require periodic audits to ensure compliance with
57	65		this section.
58	66		(e) The department shall develop a form for use by state
59	67		agencies and local governments in verifying completion of
60	68		cybersecurity training program requirements under this section.
61	69		The form must allow the state agency and local government to
62	70		indicate the percentage of employee completion.
63	71		(f) The requirements of Subsections (a) and (a-1) do not
64	72		apply to employees and officials who have been:
65	73		(1) granted military leave;
66	74		(2) granted leave under the federal Family and Medical
67	75		Leave Act of 1993 (29 U.S.C. Section 2601 et seq.);
68	76		(3) granted leave related to a sickness or disability
69	77		covered by workers' compensation benefits, if that employee no
70	78		longer has access to the state agency's or local government's
71	79		database and systems;
72	80		(4) granted any other type of extended leave or
73	81		authorization to work from an alternative work site if that
74	82		employee no longer has access to the state agency's or local
75	83		government's database and systems; or
76	84		(5) denied access to a local government's computer
77	85		system or database by the governing body of the local government or
78	86		the governing body's designee under Subsection (a-2) for
79	87		noncompliance with the requirements of Subsection (a-1)(2).
80	88		SECTION 4. Section 2056.002(b), Government Code, is amended
81	89		to read as follows:
82	90		(b) The Legislative Budget Board and the governor's office
83	91		shall determine the elements required to be included in each
84	92		agency's strategic plan. Unless modified by the Legislative Budget
85	93		Board and the governor's office, and except as provided by
86	94		Subsection (c), a plan must include:
87	95		(1) a statement of the mission and goals of the state
88	96		agency;
89	97		(2) a description of the indicators developed under
90	98		this chapter and used to measure the output and outcome of the
91	99		agency;
92	100		(3) identification of the groups of people served by
93	101		the agency, including those having service priorities, or other
94	102		service measures established by law, and estimates of changes in
95	103		those groups expected during the term of the plan;
96	104		(4) an analysis of the use of the agency's resources to
97	105		meet the agency's needs, including future needs, and an estimate of
98	106		additional resources that may be necessary to meet future needs;
99	107		(5) an analysis of expected changes in the services
100	108		provided by the agency because of changes in state or federal law;
101	109		(6) a description of the means and strategies for
102	110		meeting the agency's needs, including future needs, and achieving
103	111		the goals established under Section 2056.006 for each area of state
104	112		government for which the agency provides services;
105	113		(7) a description of the capital improvement needs of
106	114		the agency during the term of the plan and a statement, if
107	115		appropriate, of the priority of those needs;
108	116		(8) identification of each geographic region of this
109	117		state, including the Texas-Louisiana border region and the
110	118		Texas-Mexico border region, served by the agency, and if
111	119		appropriate the agency's means and strategies for serving each
112	120		region;
113	121		(9) a description of the training of the agency's
114	122		contract managers under Section 656.052;
115	123		(10) an analysis of the agency's expected expenditures
116	124		that relate to federally owned or operated military installations
117	125		or facilities, or communities where a federally owned or operated
118	126		military installation or facility is located;
119	127		(11) an analysis of the strategic use of information
120	128		resources as provided by the instructions prepared under Section
121	129		2054.095; [and]
122	130		(12) a written certification of the agency's
123	131		compliance with the cybersecurity training required under Sections
124	132		2054.5191 and 2054.5192; and
125	133		(13) other information that may be required.
126	134		SECTION 5. Section 2054.519(f), Government Code, as added
127	135		by Chapter 1308 (H.B. 3834), Acts of the 86th Legislature, Regular
128	136		Session, 2019, is repealed.
129	137		SECTION 6. (a) Section 772.012, Government Code, as added
130	138		by this Act, applies only to a grant application submitted by a
131	139		local government on or after September 1, 2021.
132	140		(b) Section 2056.002(b), Government Code, as amended by
133	141		this Act, applies only to a strategic plan submitted by a state
134	142		agency on or after January 1, 2022.
135	143		SECTION 7. This Act takes effect immediately if it receives
136	144		a vote of two-thirds of all the members elected to each house, as
137	145		provided by Section 39, Article III, Texas Constitution. If this
138	146		Act does not receive the vote necessary for immediate effect, this
139	147		Act takes effect September 1, 2021.
140		-	______________________________ ______________________________
141		-	President of the Senate Speaker of the House
142		-	I certify that H.B. No. 1118 was passed by the House on April
143		-	8, 2021, by the following vote: Yeas 149, Nays 0, 1 present, not
144		-	voting; and that the House concurred in Senate amendments to H.B.
145		-	No. 1118 on May 5, 2021, by the following vote: Yeas 143, Nays 0, 1
146		-	present, not voting.
147		-	______________________________
148		-	Chief Clerk of the House
149		-	I certify that H.B. No. 1118 was passed by the Senate, with
150		-	amendments, on April 29, 2021, by the following vote: Yeas 31,
151		-	Nays 0.
152		-	______________________________
153		-	Secretary of the Senate
154		-	APPROVED: __________________
155		-	Date
156		-	__________________
157		-	Governor
	148	+	* * * * *