Texas 2023 - 88th Regular

Texas House Bill HB2494 Latest Draft

Bill / Introduced Version Filed 02/17/2023

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                            By: Jetton H.B. No. 2494


 A BILL TO BE ENTITLED
 AN ACT
 relating to information security officers and network threat
 detection and response for state agencies.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 2054.133(b), Government Code, is amended
 to read as follows:
 (b)  In developing the plan, the state agency shall:
 (1)  consider any vulnerability report prepared under
 Section 2054.077 for the agency;
 (2)  incorporate the network security services
 provided by the department to the agency under Chapter 2059;
 (3)  identify and define the responsibilities of agency
 staff who produce, access, use, or serve as custodians of the
 agency's information;
 (4)  identify risk management and other measures taken
 to protect the agency's information from unauthorized access,
 disclosure, modification, or destruction;
 (5)  include:
 (A)  the best practices for information security
 developed by the department; or
 (B)  a written explanation of why the best
 practices are not sufficient for the agency's security; [and]
 (6)  omit from any written copies of the plan
 information that could expose vulnerabilities in the agency's
 network or online systems; and
 (7)  consider whether network threat detection and
 response solutions, that permit anonymized security reports to be
 shared among participating entities in as close to real time as
 possible, would enhance the plan and include those solutions as
 part of the plan as the agency determines appropriate.
 SECTION 2.  Section 2054.136, Government Code, is amended to
 read as follows:
 Sec. 2054.136.  DESIGNATED INFORMATION SECURITY OFFICER.
 Each state agency shall designate an information security officer
 who:
 (1)  acts independently of the agency in the
 performance of the officer's duties under this chapter and reports
 to the department on information security issues and to the
 agency's executive-level management on other issues;
 (2)  has authority over information security for the
 entire agency;
 (3)  possesses the training and experience required to
 perform the duties required by department rules; and
 (4)  to the extent feasible, has information security
 duties as the officer's primary duties.
 SECTION 3.  Sections 2054.512(d) and (e), Government Code,
 are amended to read as follows:
 (d)  The cybersecurity council shall:
 (1)  consider the costs and benefits of establishing a
 computer emergency readiness team to address cyber attacks
 occurring in this state during routine and emergency situations;
 (2)  establish criteria and priorities for addressing
 cybersecurity threats to critical state installations;
 (3)  consolidate and synthesize best practices to
 assist state agencies in understanding and implementing
 cybersecurity measures, including network threat detection and
 response solutions, that are most beneficial to this state; and
 (4)  assess the knowledge, skills, and capabilities of
 the existing information technology and cybersecurity workforce to
 mitigate and respond to cyber threats and develop recommendations
 for addressing immediate workforce deficiencies and ensuring a
 long-term pool of qualified applicants.
 (e)  The cybersecurity council shall provide recommendations
 to the legislature on any legislation necessary to implement
 cybersecurity best practices and remediation strategies for this
 state, including network threat detection and response solutions.
 SECTION 4.  Section 2054.518(a), Government Code, is amended
 to read as follows:
 (a)  The department shall develop a plan to address
 cybersecurity risks and incidents in this state.  The department
 may enter into an agreement with a national organization, including
 the National Cybersecurity Preparedness Consortium, to support the
 department's efforts in implementing the components of the plan for
 which the department lacks resources to address internally.  The
 agreement may include provisions for:
 (1)  providing technical assistance services to
 support preparedness for and response to cybersecurity risks and
 incidents;
 (2)  conducting cybersecurity simulation exercises for
 state agencies to encourage coordination in defending against and
 responding to cybersecurity risks and incidents;
 (3)  assisting state agencies in developing
 cybersecurity information-sharing programs to disseminate
 information related to cybersecurity risks and incidents; [and]
 (4)  incorporating cybersecurity risk and incident
 prevention and response methods into existing state emergency
 plans, including continuity of operation plans and incident
 response plans; and
 (5)  incorporating network threat detection and
 response solutions into state agency cybersecurity plans, that
 permit anonymized security reports to be shared among participating
 entities in as close to real time as possible, to assist state
 agencies with monitoring agency networks for security threats and
 responding to detected security threats.
 SECTION 5.  This Act takes effect September 1, 2023.