By: Birdwell, et al. S.B. No. 1893
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
governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 620 to read as follows:
CHAPTER 620. USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES
ON GOVERNMENTAL ENTITY DEVICES PROHIBITED
Sec. 620.001. 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 620.005.
(2) "Governmental entity" 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;
(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; or
(C) a political subdivision of this state,
including a municipality, county, or special purpose district.
Sec. 620.002. DEFINING SECURITY RISK. For purposes of this
chapter, a social media application poses a risk to the security of
governmental entity information if the application's service
provider may be required by a foreign government, or an entity
associated with a foreign government, to provide confidential or
private personal information collected by the service provider
through the application to the foreign government or associated
entity without substantial due process rights or similar legal
protections.
Sec. 620.003. PROHIBITION. Subject to Section 620.004, a
governmental entity shall adopt a policy prohibiting the
installation or use of a covered application on any device owned or
leased by the governmental entity and requiring the removal of
covered applications from those devices.
Sec. 620.004. EXCEPTIONS; MITIGATING MEASURES. (a) A
policy adopted under Section 620.003 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 governmental entity information during the use of the
covered application; and
(2) the documentation of those measures.
Sec. 620.005. 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
governmental entity information as the service described by Section
620.001(1)(A).
SECTION 2. Not later than the 60th day after the effective
date of this Act, each governmental entity shall adopt the policy
required by Chapter 620, 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.