| 1 | | - | H.B. No. 3390 |
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| 1 | + | By: Thompson of Brazoria (Senate Sponsor - Blanco) H.B. No. 3390 |
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| 2 | + | (In the Senate - Received from the House April 26, 2021; |
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| 3 | + | May 3, 2021, read first time and referred to Committee on |
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| 4 | + | Transportation; May 5, 2021, reported favorably by the following |
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| 5 | + | vote: Yeas 8, Nays 0; May 5, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the purchase of cybersecurity insurance coverage by the |
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| 6 | 12 | | Texas Department of Transportation. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subchapter I, Chapter 201, Transportation Code, |
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| 9 | 15 | | is amended by adding Section 201.712 to read as follows: |
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| 10 | 16 | | Sec. 201.712. PURCHASE OF CYBERSECURITY INSURANCE. (a) In |
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| 11 | 17 | | this section, "cyber attack" means an attempt to gain illegal |
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| 12 | 18 | | access to a computer or computer system for the purpose of causing |
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| 13 | 19 | | damage, harm, or disruption. |
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| 14 | 20 | | (b) The department may purchase insurance coverage that the |
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| 15 | 21 | | department considers necessary to protect against liability, |
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| 16 | 22 | | revenue, and property losses that may result from a data breach or |
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| 17 | 23 | | cyber attack. |
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| 18 | 24 | | (c) Insurance purchased under this section may include |
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| 19 | 25 | | coverage for business and dependent business interruption loss, |
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| 20 | 26 | | breach response, data recovery, cyber extortion or ransomware |
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| 21 | 27 | | response, fiduciary liability, media liability, professional |
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| 22 | 28 | | liability, or expenses for general incident management, such as |
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| 23 | 29 | | investigation, remediation, and notification. |
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| 24 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 25 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 26 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 27 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 28 | 34 | | Act takes effect September 1, 2021. |
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| 29 | | - | ______________________________ ______________________________ |
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| 30 | | - | President of the Senate Speaker of the House |
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| 31 | | - | I certify that H.B. No. 3390 was passed by the House on April |
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| 32 | | - | 23, 2021, by the following vote: Yeas 133, Nays 13, 2 present, not |
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| 33 | | - | voting. |
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| 34 | | - | ______________________________ |
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| 35 | | - | Chief Clerk of the House |
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| 36 | | - | I certify that H.B. No. 3390 was passed by the Senate on May |
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| 37 | | - | 12, 2021, by the following vote: Yeas 30, Nays 0. |
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| 38 | | - | ______________________________ |
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| 39 | | - | Secretary of the Senate |
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| 40 | | - | APPROVED: _____________________ |
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| 41 | | - | Date |
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| 42 | | - | _____________________ |
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| 43 | | - | Governor |
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| 35 | + | * * * * * |
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