1 | 1 | | By: Jetton H.B. No. 2494 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | A BILL TO BE ENTITLED |
---|
5 | 5 | | AN ACT |
---|
6 | 6 | | relating to information security officers and network threat |
---|
7 | 7 | | detection and response for state agencies. |
---|
8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 9 | | SECTION 1. Section 2054.133(b), Government Code, is amended |
---|
10 | 10 | | to read as follows: |
---|
11 | 11 | | (b) In developing the plan, the state agency shall: |
---|
12 | 12 | | (1) consider any vulnerability report prepared under |
---|
13 | 13 | | Section 2054.077 for the agency; |
---|
14 | 14 | | (2) incorporate the network security services |
---|
15 | 15 | | provided by the department to the agency under Chapter 2059; |
---|
16 | 16 | | (3) identify and define the responsibilities of agency |
---|
17 | 17 | | staff who produce, access, use, or serve as custodians of the |
---|
18 | 18 | | agency's information; |
---|
19 | 19 | | (4) identify risk management and other measures taken |
---|
20 | 20 | | to protect the agency's information from unauthorized access, |
---|
21 | 21 | | disclosure, modification, or destruction; |
---|
22 | 22 | | (5) include: |
---|
23 | 23 | | (A) the best practices for information security |
---|
24 | 24 | | developed by the department; or |
---|
25 | 25 | | (B) a written explanation of why the best |
---|
26 | 26 | | practices are not sufficient for the agency's security; [and] |
---|
27 | 27 | | (6) omit from any written copies of the plan |
---|
28 | 28 | | information that could expose vulnerabilities in the agency's |
---|
29 | 29 | | network or online systems; and |
---|
30 | 30 | | (7) consider whether network threat detection and |
---|
31 | 31 | | response solutions, that permit anonymized security reports to be |
---|
32 | 32 | | shared among participating entities in as close to real time as |
---|
33 | 33 | | possible, would enhance the plan and include those solutions as |
---|
34 | 34 | | part of the plan as the agency determines appropriate. |
---|
35 | 35 | | SECTION 2. Section 2054.136, Government Code, is amended to |
---|
36 | 36 | | read as follows: |
---|
37 | 37 | | Sec. 2054.136. DESIGNATED INFORMATION SECURITY OFFICER. |
---|
38 | 38 | | Each state agency shall designate an information security officer |
---|
39 | 39 | | who: |
---|
40 | 40 | | (1) acts independently of the agency in the |
---|
41 | 41 | | performance of the officer's duties under this chapter and reports |
---|
42 | 42 | | to the department on information security issues and to the |
---|
43 | 43 | | agency's executive-level management on other issues; |
---|
44 | 44 | | (2) has authority over information security for the |
---|
45 | 45 | | entire agency; |
---|
46 | 46 | | (3) possesses the training and experience required to |
---|
47 | 47 | | perform the duties required by department rules; and |
---|
48 | 48 | | (4) to the extent feasible, has information security |
---|
49 | 49 | | duties as the officer's primary duties. |
---|
50 | 50 | | SECTION 3. Sections 2054.512(d) and (e), Government Code, |
---|
51 | 51 | | are amended to read as follows: |
---|
52 | 52 | | (d) The cybersecurity council shall: |
---|
53 | 53 | | (1) consider the costs and benefits of establishing a |
---|
54 | 54 | | computer emergency readiness team to address cyber attacks |
---|
55 | 55 | | occurring in this state during routine and emergency situations; |
---|
56 | 56 | | (2) establish criteria and priorities for addressing |
---|
57 | 57 | | cybersecurity threats to critical state installations; |
---|
58 | 58 | | (3) consolidate and synthesize best practices to |
---|
59 | 59 | | assist state agencies in understanding and implementing |
---|
60 | 60 | | cybersecurity measures, including network threat detection and |
---|
61 | 61 | | response solutions, that are most beneficial to this state; and |
---|
62 | 62 | | (4) assess the knowledge, skills, and capabilities of |
---|
63 | 63 | | the existing information technology and cybersecurity workforce to |
---|
64 | 64 | | mitigate and respond to cyber threats and develop recommendations |
---|
65 | 65 | | for addressing immediate workforce deficiencies and ensuring a |
---|
66 | 66 | | long-term pool of qualified applicants. |
---|
67 | 67 | | (e) The cybersecurity council shall provide recommendations |
---|
68 | 68 | | to the legislature on any legislation necessary to implement |
---|
69 | 69 | | cybersecurity best practices and remediation strategies for this |
---|
70 | 70 | | state, including network threat detection and response solutions. |
---|
71 | 71 | | SECTION 4. Section 2054.518(a), Government Code, is amended |
---|
72 | 72 | | to read as follows: |
---|
73 | 73 | | (a) The department shall develop a plan to address |
---|
74 | 74 | | cybersecurity risks and incidents in this state. The department |
---|
75 | 75 | | may enter into an agreement with a national organization, including |
---|
76 | 76 | | the National Cybersecurity Preparedness Consortium, to support the |
---|
77 | 77 | | department's efforts in implementing the components of the plan for |
---|
78 | 78 | | which the department lacks resources to address internally. The |
---|
79 | 79 | | agreement may include provisions for: |
---|
80 | 80 | | (1) providing technical assistance services to |
---|
81 | 81 | | support preparedness for and response to cybersecurity risks and |
---|
82 | 82 | | incidents; |
---|
83 | 83 | | (2) conducting cybersecurity simulation exercises for |
---|
84 | 84 | | state agencies to encourage coordination in defending against and |
---|
85 | 85 | | responding to cybersecurity risks and incidents; |
---|
86 | 86 | | (3) assisting state agencies in developing |
---|
87 | 87 | | cybersecurity information-sharing programs to disseminate |
---|
88 | 88 | | information related to cybersecurity risks and incidents; [and] |
---|
89 | 89 | | (4) incorporating cybersecurity risk and incident |
---|
90 | 90 | | prevention and response methods into existing state emergency |
---|
91 | 91 | | plans, including continuity of operation plans and incident |
---|
92 | 92 | | response plans; and |
---|
93 | 93 | | (5) incorporating network threat detection and |
---|
94 | 94 | | response solutions into state agency cybersecurity plans, that |
---|
95 | 95 | | permit anonymized security reports to be shared among participating |
---|
96 | 96 | | entities in as close to real time as possible, to assist state |
---|
97 | 97 | | agencies with monitoring agency networks for security threats and |
---|
98 | 98 | | responding to detected security threats. |
---|
99 | 99 | | SECTION 5. This Act takes effect September 1, 2023. |
---|