88R8146 JCG-D
By: Anderson H.B. No. 3289
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of certain social media
applications and services on devices owned or leased by state
agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Government Code, is amended
by adding Chapter 674 to read as follows:
CHAPTER 674. USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES
ON STATE AGENCY DEVICES PROHIBITED
Sec. 674.001. DEFINITIONS. In this chapter:
(1) "Covered application" means:
(A) the social media service TikTok or any
successor application or service developed or provided by ByteDance
Limited or an entity owned by ByteDance Limited; or
(B) a social media application or service
specified by executive order of the governor under Section 674.004.
(2) "State agency" means:
(A) a department, commission, board, office, or
other agency that is in the executive or legislative branch of state
government and that was created by the constitution or a statute,
including an institution of higher education as defined by Section
61.003, Education Code; or
(B) the supreme court, the court of criminal
appeals, a court of appeals, or the Texas Judicial Council or
another agency in the judicial branch of state government.
Sec. 674.002. PROHIBITION. Subject to Section 674.003, a
state agency shall adopt a policy prohibiting the installation or
use of a covered application on any device owned or leased by the
state agency and requiring the removal of covered applications from
those devices.
Sec. 674.003. EXCEPTIONS; MITIGATING MEASURES. (a) A
policy adopted under Section 674.002 may provide for the
installation and use of a covered application to the extent
necessary for:
(1) providing law enforcement; or
(2) developing or implementing information security
measures.
(b) A policy allowing the installation and use of a covered
application under Subsection (a) must require:
(1) the use of measures to mitigate risks to the
security of state agency information during the use of the covered
application; and
(2) the documentation of those measures.
Sec. 674.004. APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER.
The governor by executive order may identify social media
applications or services that pose a similar risk to the security of
state agency information as the service described by Section
674.001(1)(A).
SECTION 2. Not later than the 60th day after the effective
date of this Act, each state agency shall adopt the policy required
by Chapter 674, Government Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.