79 | 83 | | SECTION 4. Subchapter F, Chapter 2054, Government Code, is |
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80 | 84 | | amended by adding Sections 2054.137 and 2054.138 to read as |
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81 | 85 | | follows: |
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82 | 86 | | Sec. 2054.137. DESIGNATED DATA MANAGEMENT OFFICER. (a) |
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83 | 87 | | Each state agency with more than 150 full-time employees shall |
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84 | 88 | | designate a full-time employee of the agency to serve as a data |
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85 | 89 | | management officer. |
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86 | 90 | | (b) The data management officer for a state agency shall: |
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87 | 91 | | (1) coordinate with the chief data officer to ensure |
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88 | 92 | | the agency performs the duties assigned under Section 2054.0286; |
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89 | 93 | | (2) in accordance with department guidelines, |
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90 | 94 | | establish an agency data governance program to identify the |
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91 | 95 | | agency's data assets, exercise authority and management over the |
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92 | 96 | | agency's data assets, and establish related processes and |
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93 | 97 | | procedures to oversee the agency's data assets; and |
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94 | 98 | | (3) coordinate with the agency's information security |
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95 | 99 | | officer, the agency's records management officer, and the Texas |
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96 | 100 | | State Library and Archives Commission to: |
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97 | 101 | | (A) implement best practices for managing and |
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98 | 102 | | securing data in accordance with state privacy laws and data |
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99 | 103 | | privacy classifications; |
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100 | 104 | | (B) ensure the agency's records management |
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101 | 105 | | programs apply to all types of data storage media; |
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102 | 106 | | (C) increase awareness of and outreach for the |
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103 | 107 | | agency's records management programs within the agency; and |
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104 | 108 | | (D) conduct a data maturity assessment of the |
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105 | 109 | | agency's data governance program in accordance with the |
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106 | 110 | | requirements established by department rule. |
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107 | 111 | | (c) In accordance with department guidelines, the data |
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108 | 112 | | management officer for a state agency shall post on the Texas Open |
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109 | 113 | | Data Portal established by the department under Section 2054.070 at |
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110 | 114 | | least three high-value data sets as defined by Section 2054.1265. |
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111 | 115 | | The high-value data sets may not include information that is |
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112 | 116 | | confidential or protected from disclosure under state or federal |
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113 | 117 | | law. |
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114 | 118 | | (d) The data management officer for a state agency may |
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115 | 119 | | delegate in writing to another agency employee the duty to: |
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116 | 120 | | (1) implement a specific requirement of Subsection (b) |
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117 | 121 | | or (c); or |
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118 | 122 | | (2) participate in the advisory committee established |
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119 | 123 | | under Section 2054.0332. |
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120 | 124 | | Sec. 2054.138. SECURITY CONTROLS FOR STATE AGENCY DATA. |
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121 | 125 | | Each state agency entering into or renewing a contract with a vendor |
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122 | 126 | | authorized to access, transmit, use, or store data for the agency |
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123 | 127 | | shall include a provision in the contract requiring the vendor to |
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124 | 128 | | meet the security controls the agency determines are proportionate |
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125 | 129 | | with the agency's risk under the contract based on the sensitivity |
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126 | 130 | | of the agency's data. The vendor must periodically provide to the |
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127 | 131 | | agency evidence that the vendor meets the security controls |
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128 | 132 | | required under the contract. |
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129 | 133 | | SECTION 5. Subchapter G, Chapter 2054, Government Code, is |
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130 | 134 | | amended by adding Section 2054.161 to read as follows: |
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131 | 135 | | Sec. 2054.161. DATA CLASSIFICATION, SECURITY, AND |
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132 | 136 | | RETENTION REQUIREMENTS. On initiation of an information resources |
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133 | 137 | | technology project, including an application development project |
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134 | 138 | | and any information resources projects described in this |
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135 | 139 | | subchapter, a state agency shall classify the data produced from or |
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136 | 140 | | used in the project and determine appropriate data security and |
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137 | 141 | | applicable retention requirements under Section 441.185 for each |
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138 | 142 | | classification. |
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139 | 143 | | SECTION 6. Chapter 2054, Government Code, is amended by |
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140 | 144 | | adding Subchapter N-2 to read as follows: |
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141 | 145 | | SUBCHAPTER N-2. TEXAS VOLUNTEER INCIDENT RESPONSE TEAM |
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142 | 146 | | Sec. 2054.52001. DEFINITIONS. In this subchapter: |
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143 | 147 | | (1) "Incident response team" means the Texas volunteer |
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144 | 148 | | incident response team established under Section 2054.52002. |
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145 | 149 | | (2) "Participating entity" means a state agency, |
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146 | 150 | | including an institution of higher education, or a local government |
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147 | 151 | | that receives assistance under this subchapter during a |
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148 | 152 | | cybersecurity event. |
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149 | 153 | | (3) "Volunteer" means an individual who provides rapid |
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150 | 154 | | response assistance during a cybersecurity event under this |
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151 | 155 | | subchapter. |
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152 | 156 | | Sec. 2054.52002. ESTABLISHMENT OF TEXAS VOLUNTEER INCIDENT |
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153 | 157 | | RESPONSE TEAM. (a) The department shall establish the Texas |
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154 | 158 | | volunteer incident response team to provide rapid response |
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155 | 159 | | assistance to a participating entity under the department's |
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156 | 160 | | direction during a cybersecurity event. |
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157 | 161 | | (b) The department shall prescribe eligibility criteria for |
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158 | 162 | | participation as a volunteer member of the incident response team, |
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159 | 163 | | including a requirement that each volunteer have expertise in |
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160 | 164 | | addressing cybersecurity events. |
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161 | 165 | | Sec. 2054.52003. CONTRACT WITH VOLUNTEERS. The department |
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162 | 166 | | shall enter into a contract with each volunteer the department |
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163 | 167 | | approves to provide rapid response assistance under this |
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164 | 168 | | subchapter. The contract must require the volunteer to: |
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165 | 169 | | (1) acknowledge the confidentiality of information |
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166 | 170 | | required by Section 2054.52010; |
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167 | 171 | | (2) protect all confidential information from |
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168 | 172 | | disclosure; |
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169 | 173 | | (3) avoid conflicts of interest that might arise in a |
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170 | 174 | | deployment under this subchapter; |
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171 | 175 | | (4) comply with department security policies and |
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172 | 176 | | procedures regarding information resources technologies; |
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173 | 177 | | (5) consent to background screening required by the |
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174 | 178 | | department; and |
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175 | 179 | | (6) attest to the volunteer's satisfaction of any |
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176 | 180 | | eligibility criteria established by the department. |
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177 | 181 | | Sec. 2054.52004. VOLUNTEER QUALIFICATION. (a) The |
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178 | 182 | | department shall require criminal history record information for |
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179 | 183 | | each individual who accepts an invitation to become a volunteer. |
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180 | 184 | | (b) The department may request other information relevant |
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181 | 185 | | to the individual's qualification and fitness to serve as a |
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182 | 186 | | volunteer. |
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183 | 187 | | (c) The department has sole discretion to determine whether |
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184 | 188 | | an individual is qualified to serve as a volunteer. |
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185 | 189 | | Sec. 2054.52005. DEPLOYMENT. (a) In response to a |
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186 | 190 | | cybersecurity event that affects multiple participating entities |
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187 | 191 | | or a declaration by the governor of a state of disaster caused by a |
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188 | 192 | | cybersecurity event, the department on request of a participating |
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189 | 193 | | entity may deploy volunteers and provide rapid response assistance |
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190 | 194 | | under the department's direction and the managed security services |
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191 | 195 | | framework established under Section 2054.0594(d) to assist with the |
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192 | 196 | | event. |
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193 | 197 | | (b) A volunteer may only accept a deployment under this |
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194 | 198 | | subchapter in writing. A volunteer may decline to accept a |
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195 | 199 | | deployment for any reason. |
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196 | 200 | | Sec. 2054.52006. CYBERSECURITY COUNCIL DUTIES. The |
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197 | 201 | | cybersecurity council established under Section 2054.512 shall |
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198 | 202 | | review and make recommendations to the department regarding the |
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199 | 203 | | policies and procedures used by the department to implement this |
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200 | 204 | | subchapter. The department may consult with the council to |
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201 | 205 | | implement and administer this subchapter. |
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202 | 206 | | Sec. 2054.52007. DEPARTMENT POWERS AND DUTIES. (a) The |
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203 | 207 | | department shall: |
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204 | 208 | | (1) approve the incident response tools the incident |
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205 | 209 | | response team may use in responding to a cybersecurity event; |
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206 | 210 | | (2) establish the eligibility criteria an individual |
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207 | 211 | | must meet to become a volunteer; |
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208 | 212 | | (3) develop and publish guidelines for operation of |
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209 | 213 | | the incident response team, including the: |
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210 | 214 | | (A) standards and procedures the department uses |
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211 | 215 | | to determine whether an individual is eligible to serve as a |
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212 | 216 | | volunteer; |
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213 | 217 | | (B) process for an individual to apply for and |
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214 | 218 | | accept incident response team membership; |
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215 | 219 | | (C) requirements for a participating entity to |
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216 | 220 | | receive assistance from the incident response team; and |
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217 | 221 | | (D) process for a participating entity to request |
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218 | 222 | | and obtain the assistance of the incident response team; and |
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219 | 223 | | (4) adopt rules necessary to implement this |
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220 | 224 | | subchapter. |
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221 | 225 | | (b) The department may require a participating entity to |
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222 | 226 | | enter into a contract as a condition for obtaining assistance from |
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223 | 227 | | the incident response team. The contract must comply with the |
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224 | 228 | | requirements of Chapters 771 and 791. |
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225 | 229 | | (c) The department may provide appropriate training to |
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226 | 230 | | prospective and approved volunteers. |
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227 | 231 | | (d) In accordance with state law, the department may provide |
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228 | 232 | | compensation for actual and necessary travel and living expenses |
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229 | 233 | | incurred by a volunteer on a deployment using money available for |
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230 | 234 | | that purpose. |
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231 | 235 | | (e) The department may establish a fee schedule for |
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232 | 236 | | participating entities receiving incident response team |
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233 | 237 | | assistance. The amount of fees collected may not exceed the |
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234 | 238 | | department's costs to operate the incident response team. |
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235 | 239 | | Sec. 2054.52008. STATUS OF VOLUNTEER; LIABILITY. (a) A |
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236 | 240 | | volunteer is not an agent, employee, or independent contractor of |
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237 | 241 | | this state for any purpose and has no authority to obligate this |
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238 | 242 | | state to a third party. |
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239 | 243 | | (b) This state is not liable to a volunteer for personal |
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240 | 244 | | injury or property damage sustained by the volunteer that arises |
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241 | 245 | | from participation in the incident response team. |
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242 | 246 | | Sec. 2054.52009. CIVIL LIABILITY. A volunteer who in good |
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243 | 247 | | faith provides professional services in response to a cybersecurity |
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244 | 248 | | event is not liable for civil damages as a result of the volunteer's |
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245 | 249 | | acts or omissions in providing the services, except for wilful and |
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246 | 250 | | wanton misconduct. This immunity is limited to services provided |
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247 | 251 | | during the time of deployment for a cybersecurity event. |
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248 | 252 | | Sec. 2054.52010. CONFIDENTIAL INFORMATION. Information |
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249 | 253 | | written, produced, collected, assembled, or maintained by the |
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250 | 254 | | department, a participating entity, the cybersecurity council, or a |
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251 | 255 | | volunteer in the implementation of this subchapter is confidential |
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252 | 256 | | and not subject to disclosure under Chapter 552 if the information: |
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253 | 257 | | (1) contains the contact information for a volunteer; |
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254 | 258 | | (2) identifies or provides a means of identifying a |
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255 | 259 | | person who may, as a result of disclosure of the information, become |
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256 | 260 | | a victim of a cybersecurity event; |
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257 | 261 | | (3) consists of a participating entity's cybersecurity |
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258 | 262 | | plans or cybersecurity-related practices; or |
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259 | 263 | | (4) is obtained from a participating entity or from a |
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260 | 264 | | participating entity's computer system in the course of providing |
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261 | 265 | | assistance under this subchapter. |
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262 | 266 | | SECTION 7. Section 2054.515, Government Code, is amended to |
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263 | 267 | | read as follows: |
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264 | 268 | | Sec. 2054.515. AGENCY INFORMATION SECURITY ASSESSMENT AND |
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265 | 269 | | REPORT. (a) At least once every two years, each state agency shall |
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266 | 270 | | conduct an information security assessment of the agency's: |
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267 | 271 | | (1) information resources systems, network systems, |
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268 | 272 | | digital data storage systems, digital data security measures, and |
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269 | 273 | | information resources vulnerabilities; and |
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270 | 274 | | (2) data governance program with participation from |
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271 | 275 | | the agency's data management officer, if applicable, and in |
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272 | 276 | | accordance with requirements established by department rule. |
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273 | 277 | | (b) Not later than November 15 of each even-numbered year |
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274 | 278 | | [December 1 of the year in which a state agency conducts the |
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275 | 279 | | assessment under Subsection (a)], the agency shall report the |
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276 | 280 | | results of the assessment to: |
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277 | 281 | | (1) the department; and |
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278 | 282 | | (2) on request, the governor, the lieutenant governor, |
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279 | 283 | | and the speaker of the house of representatives. |
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280 | 284 | | (c) The department by rule shall [may] establish the |
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281 | 285 | | requirements for the information security assessment and report |
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282 | 286 | | required by this section. |
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283 | 287 | | (d) The report and all documentation related to the |
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284 | 288 | | information security assessment and report are confidential and not |
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285 | 289 | | subject to disclosure under Chapter 552. The state agency or |
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286 | 290 | | department may redact or withhold the information as confidential |
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287 | 291 | | under Chapter 552 without requesting a decision from the attorney |
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288 | 292 | | general under Subchapter G, Chapter 552. |
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289 | 293 | | SECTION 8. Section 2054.601, Government Code, is amended to |
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290 | 294 | | read as follows: |
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291 | 295 | | Sec. 2054.601. USE OF NEXT GENERATION TECHNOLOGY. Each |
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292 | 296 | | state agency and local government shall, in the administration of |
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293 | 297 | | the agency or local government, consider using next generation |
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294 | 298 | | technologies, including cryptocurrency, blockchain technology, |
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295 | 299 | | robotic process automation, and artificial intelligence. |
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296 | 300 | | SECTION 9. Chapter 2059, Government Code, is amended by |
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297 | 301 | | adding Subchapter E to read as follows: |
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298 | 302 | | SUBCHAPTER E. REGIONAL NETWORK SECURITY CENTERS |
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299 | 303 | | Sec. 2059.201. ELIGIBLE PARTICIPATING ENTITIES. A state |
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300 | 304 | | agency or an entity listed in Sections 2059.058(b)(3)-(5) is |
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301 | 305 | | eligible to participate in cybersecurity support and network |
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302 | 306 | | security provided by a regional network security center under this |
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303 | 307 | | subchapter. |
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304 | 308 | | Sec. 2059.202. ESTABLISHMENT OF REGIONAL NETWORK SECURITY |
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305 | 309 | | CENTERS. (a) Subject to Subsection (b), the department may |
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306 | 310 | | establish regional network security centers, under the |
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307 | 311 | | department's managed security services framework established by |
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308 | 312 | | Section 2054.0594(d), to assist in providing cybersecurity support |
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309 | 313 | | and network security to regional offices or locations for state |
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310 | 314 | | agencies and other eligible entities that elect to participate in |
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311 | 315 | | and receive services through the center. |
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312 | 316 | | (b) The department may establish more than one regional |
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313 | 317 | | network security center only if the department determines the first |
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314 | 318 | | center established by the department successfully provides to state |
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315 | 319 | | agencies and other eligible entities the services the center has |
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316 | 320 | | contracted to provide. |
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317 | 321 | | (c) The department shall enter into an interagency contract |
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318 | 322 | | in accordance with Chapter 771 or an interlocal contract in |
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319 | 323 | | accordance with Chapter 791, as appropriate, with an eligible |
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320 | 324 | | participating entity that elects to participate in and receive |
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321 | 325 | | services through a regional network security center. |
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322 | 326 | | Sec. 2059.203. REGIONAL NETWORK SECURITY CENTER LOCATIONS |
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323 | 327 | | AND PHYSICAL SECURITY. (a) In creating and operating a regional |
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324 | 328 | | network security center, the department shall partner with a |
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325 | 329 | | university system or institution of higher education as defined by |
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326 | 330 | | Section 61.003, Education Code, other than a public junior college. |
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327 | 331 | | The system or institution shall: |
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328 | 332 | | (1) serve as an education partner with the department |
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329 | 333 | | for the regional network security center; and |
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330 | 334 | | (2) enter into an interagency contract with the |
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331 | 335 | | department in accordance with Chapter 771. |
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332 | 336 | | (b) In selecting the location for a regional network |
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333 | 337 | | security center, the department shall select a university system or |
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334 | 338 | | institution of higher education that has supportive educational |
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335 | 339 | | capabilities. |
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336 | 340 | | (c) A university system or institution of higher education |
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337 | 341 | | selected to serve as a regional network security center shall |
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338 | 342 | | control and monitor all entrances to and critical areas of the |
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339 | 343 | | center to prevent unauthorized entry. The system or institution |
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340 | 344 | | shall restrict access to the center to only authorized individuals. |
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341 | 345 | | (d) A local law enforcement entity or any entity providing |
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342 | 346 | | security for a regional network security center shall monitor |
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343 | 347 | | security alarms at the regional network security center subject to |
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344 | 348 | | the availability of that service. |
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345 | 349 | | (e) The department and a university system or institution of |
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346 | 350 | | higher education selected to serve as a regional network security |
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347 | 351 | | center shall restrict operational information to only center |
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348 | 352 | | personnel, except as provided by Chapter 321. |
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349 | 353 | | Sec. 2059.204. REGIONAL NETWORK SECURITY CENTERS SERVICES |
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350 | 354 | | AND SUPPORT. The department may offer the following managed |
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351 | 355 | | security services through a regional network security center: |
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352 | 356 | | (1) real-time network security monitoring to detect |
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353 | 357 | | and respond to network security events that may jeopardize this |
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354 | 358 | | state and the residents of this state; |
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355 | 359 | | (2) alerts and guidance for defeating network security |
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356 | 360 | | threats, including firewall configuration, installation, |
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357 | 361 | | management, and monitoring, intelligence gathering, and protocol |
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358 | 362 | | analysis; |
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359 | 363 | | (3) immediate response to counter network security |
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360 | 364 | | activity that exposes this state and the residents of this state to |
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361 | 365 | | risk, including complete intrusion detection system installation, |
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362 | 366 | | management, and monitoring for participating entities; |
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363 | 367 | | (4) development, coordination, and execution of |
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364 | 368 | | statewide cybersecurity operations to isolate, contain, and |
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365 | 369 | | mitigate the impact of network security incidents for participating |
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366 | 370 | | entities; and |
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367 | 371 | | (5) cybersecurity educational services. |
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368 | 372 | | Sec. 2059.205. NETWORK SECURITY GUIDELINES AND STANDARD |
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369 | 373 | | OPERATING PROCEDURES. (a) The department shall adopt and provide |
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370 | 374 | | to each regional network security center appropriate network |
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371 | 375 | | security guidelines and standard operating procedures to ensure |
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372 | 376 | | efficient operation of the center with a maximum return on the |
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373 | 377 | | state's investment. |
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374 | 378 | | (b) The department shall revise the standard operating |
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375 | 379 | | procedures as necessary to confirm network security. |
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376 | 380 | | (c) Each eligible participating entity that elects to |
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377 | 381 | | participate in a regional network security center shall comply with |
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378 | 382 | | the network security guidelines and standard operating procedures. |
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379 | 383 | | SECTION 10. Subtitle B, Title 10, Government Code, is |
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380 | 384 | | amended by adding Chapter 2062 to read as follows: |
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381 | 385 | | CHAPTER 2062. RESTRICTIONS ON STATE AGENCY USE OF CERTAIN |
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382 | 386 | | INDIVIDUAL-IDENTIFYING INFORMATION |
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383 | 387 | | Sec. 2062.001. DEFINITIONS. In this chapter: |
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384 | 388 | | (1) "Biometric identifier" has the meaning assigned by |
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385 | 389 | | Section 560.001. |
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386 | 390 | | (2) "State agency" means a department, commission, |
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387 | 391 | | board, office, council, authority, or other agency in the |
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388 | 392 | | executive, legislative, or judicial branch of state government, |
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389 | 393 | | including a university system or institution of higher education as |
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390 | 394 | | defined by Section 61.003, Education Code, that is created by the |
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391 | 395 | | constitution or a statute of this state. |
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392 | 396 | | Sec. 2062.002. CONSENT REQUIRED BEFORE ACQUIRING, |
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393 | 397 | | RETAINING, OR DISSEMINATING CERTAIN INFORMATION; RECORDS. (a) |
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394 | 398 | | Except as provided by Subsection (b), a state agency may not: |
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395 | 399 | | (1) use global positioning system technology, |
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396 | 400 | | individual contact tracing, or technology designed to obtain |
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397 | 401 | | biometric identifiers to acquire information that alone or in |
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398 | 402 | | conjunction with other information identifies an individual or the |
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399 | 403 | | individual's location without the individual's written or |
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400 | 404 | | electronic consent; |
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401 | 405 | | (2) retain information with respect to an individual |
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402 | 406 | | described by Subdivision (1) without the individual's written or |
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403 | 407 | | electronic consent; or |
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404 | 408 | | (3) disseminate to a person the information described |
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405 | 409 | | by Subdivision (1) with respect to an individual unless the state |
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406 | 410 | | agency first obtains the individual's written or electronic |
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407 | 411 | | consent. |
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408 | 412 | | (b) A state agency may acquire, retain, and disseminate |
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409 | 413 | | information described by Subsection (a) with respect to an |
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410 | 414 | | individual without the individual's written or electronic consent |
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411 | 415 | | if the acquisition, retention, or dissemination is: |
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412 | 416 | | (1) required or permitted by a federal statute or by a |
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413 | 417 | | state statute other than Chapter 552; or |
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414 | 418 | | (2) made by or to a law enforcement agency for a law |
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415 | 419 | | enforcement purpose. |
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416 | 420 | | (c) A state agency shall retain the written or electronic |
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417 | 421 | | consent of an individual obtained as required under this section in |
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418 | 422 | | the agency's records until the contract or agreement under which |
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419 | 423 | | the information is acquired, retained, or disseminated expires. |
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420 | 424 | | SECTION 11. (a) Not later than December 1, 2021, the |
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421 | 425 | | Department of Information Resources shall: |
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422 | 426 | | (1) establish the state risk and authorization |
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423 | 427 | | management program as required by Section 2054.0593, Government |
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424 | 428 | | Code, as added by this Act; |
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425 | 429 | | (2) establish the framework for regional |
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426 | 430 | | cybersecurity working groups to execute mutual aid agreements as |
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427 | 431 | | required under Section 2054.0594(d), Government Code, as added by |
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428 | 432 | | this Act; and |
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429 | 433 | | (3) establish the Texas volunteer incident response |
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430 | 434 | | team as required by Subchapter N-2, Chapter 2054, Government Code, |
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431 | 435 | | as added by this Act. |
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432 | 436 | | (b) Each state agency shall ensure that: |
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433 | 437 | | (1) each contract for cloud computing services the |
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434 | 438 | | agency enters into or renews on or after January 1, 2022, complies |
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435 | 439 | | with Section 2054.0593, Government Code, as added by this Act; and |
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436 | 440 | | (2) each contract subject to Section 2054.138, |
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437 | 441 | | Government Code, as added by this Act, that is executed on or after |
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438 | 442 | | the effective date of this Act complies with that section. |
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439 | 443 | | (c) Each state agency subject to Section 2054.137, |
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440 | 444 | | Government Code, as added by this Act, shall designate a data |
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441 | 445 | | management officer as soon as practicable after the effective date |
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442 | 446 | | of this Act. |
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443 | 447 | | (d) Each state agency subject to Section 2054.161, |
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444 | 448 | | Government Code, as added by this Act, shall ensure each |
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445 | 449 | | information resources technology project initiated on or after the |
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446 | 450 | | effective date of this Act complies with that section. |
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447 | 451 | | SECTION 12. Not later than October 15, 2022, the Department |
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448 | 452 | | of Information Resources shall submit to the standing committees of |
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449 | 453 | | the senate and house of representatives with primary jurisdiction |
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450 | 454 | | over state agency cybersecurity a report on the department's |
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451 | 455 | | activities and recommendations related to the Texas volunteer |
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452 | 456 | | incident response team established as required by Subchapter N-2, |
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453 | 457 | | Chapter 2054, Government Code, as added by this Act. |
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454 | 458 | | SECTION 13. Chapter 2062, Government Code, as added by this |
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455 | 459 | | Act, applies only to information acquired, retained, or |
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456 | 460 | | disseminated by a state agency to another person on or after the |
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457 | 461 | | effective date of this Act. |
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458 | 462 | | SECTION 14. (a) Except as provided by Subsection (b) of |
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459 | 463 | | this section, this Act takes effect immediately if it receives a |
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460 | 464 | | vote of two-thirds of all the members elected to each house, as |
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461 | 465 | | provided by Section 39, Article III, Texas Constitution. If this |
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462 | 466 | | Act does not receive the vote necessary for immediate effect, this |
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463 | 467 | | Act takes effect September 1, 2021. |
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464 | 468 | | (b) Chapter 2062, Government Code, as added by this Act, |
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465 | 469 | | takes effect September 1, 2021. |
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