Texas 2021 - 87th Regular

Texas House Bill HB4256 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Schaefer H.B. No. 4256
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the duties and oversight of the Department of Public
7	7	Safety's office of inspector general regarding the use of cyber
8	8	technology and activity.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.251, Government Code, is amended by
11	11	amending Subsection (b) and adding Subsection (c) to read as
12	12	follows:
13	13	(b) The office of inspector general is responsible for:
14	14	(1) acting to prevent and detect serious breaches of
15	15	departmental policy, fraud, and abuse of office, including any acts
16	16	of criminal conduct within the department; [and]
17	17	(2) independently and objectively reviewing,
18	18	investigating, delegating, and overseeing the investigation of:
19	19	(A) conduct described in Subdivision (1);
20	20	(B) criminal activity occurring in all divisions
21	21	of the department;
22	22	(C) allegations of wrongdoing by department
23	23	employees;
24	24	(D) crimes committed on department property; and
25	25	(E) serious breaches of department policy[.];
26	26	and
27	27	(3) independently and objectively reviewing,
28	28	investigating, and overseeing the Department's cyber activity and
29	29	use of cyber networks, operations, systems, and tools.
30	30	(c) For purposes of this subchapter, "cyber tools" include,
31	31	but are not limited to cyber networks, operations, systems, and any
32	32	hardware or software used to collect suspicious activity reports or
33	33	used by the Department for cyber activity in carrying out its
34	34	official duties.
35	35	SECTION 2. Section 411.253, Government Code, is amended to
36	36	read as follows:
37	37	The office of inspector general may only initiate an
38	38	investigation based on:
39	39	(1) authorization from the commission;
40	40	(2) approval of the inspector general or deputy
41	41	inspector general;
42	42	(3) approval of the director, a deputy director, an
43	43	assistant director of the Texas Rangers, or an assistant director
44	44	of the criminal investigations division for criminal
45	45	investigations; [or]
46	46	(4) commission rules or approved commission policies;
47	47	or
48	48	(5) authorization from the commission for an
49	49	investigation regarding the Department's use of cyber tools.
50	50	SECTION 3. Subchapter B-1, Chapter 411, Government Code, is
51	51	amended by adding Section 411.2531 to read as follows:
52	52	Section 411.2531. OVERSIGHT OF CYBER TOOLS. The office of
53	53	inspector general shall:
54	54	(a) continually monitor the Department's use of cyber tools
55	55	solely under the direction of the commission; and
56	56	(b) employ personnel with adequate education, training, and
57	57	experience in cyber activity, the use of cyber tools, and in privacy
58	58	and constitutional protections when using cyber tools.
59	59	SECTION 3. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2021.