Texas 2021 - 87th Regular

Texas Senate Bill SB2116

Caption

Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.

Impact

If enacted, SB2116 would significantly tighten the state's regulations regarding contracts with foreign-owned companies, ostensibly improving cybersecurity and ensuring that sensitive infrastructure remains under the control of entities aligned with U.S. interests. The act empowers the governor, in consultation with the Department of Public Safety and Homeland Security Council, to designate countries as threats. This creates a centralized power to assess and respond to national security risks posed by foreign affiliations, thereby reshaping state procurement processes for critical infrastructure.

Summary

SB2116, also known as the Lone Star Infrastructure Protection Act, aims to prohibit state entities from entering into contracts with companies deemed a threat to critical infrastructure, particularly those owned or operated by individuals from specific designated countries including China, Iran, North Korea, and Russia. The bill defines 'critical infrastructure' to include vital systems such as communication, cybersecurity, the electric grid, hazardous waste treatment, and water treatment facilities. The overarching goal is to protect Texas's essential services and infrastructures from foreign influence and potential cybersecurity threats.

Sentiment

The sentiment around SB2116 appears overwhelmingly supportive in the Senate, where it was passed unanimously, indicating bipartisan recognition of the importance of safeguarding critical infrastructure. Nevertheless, there are concerns among some sectors about the implications of broadly labeling countries as threats, which may lead to unnecessary scrutiny of international partnerships or hinder collaborative tech advancements. The balance of national security interests against global economic relations is a topic of contention, and some stakeholders argue for clearer guidelines on which countries are designated as threats.

Contention

Notable points of contention surrounding SB2116 include discussions on the parameters for designating a country as a threat and the potential overreach in affecting international trade and business relationships. Critics argue that such broad measures could alienate cooperative foreign entities and stifle innovation, particularly in technology-dependent fields. Additionally, the bill's strict prohibition against contracting may lead to unintended interruptions in critical services, highlighting the delicate interplay between security and operational efficacy in state governance.

Companion Bills

TX HB4359

Similar To Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.

Previously Filed As

TX SB2204

Relating to exceptions to prohibited contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.

TX SB1847

Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state and the use of certain technology purchased or leased from those companies.

TX HB4359

Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.

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