88R24128 JCG-D
By: Birdwell, et al. S.B. No. 1893
(Anderson)
Substitute the following for S.B. No. 1893: No.
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) "Prohibited application" means:
(A) a social media application or service
included on the list published by the Department of Information
Resources under Section 674.005; 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; MODEL POLICY. (a) Subject to
Section 674.003, a state agency shall adopt a policy prohibiting
the installation or use of a prohibited application on any device
owned or leased by the state agency and requiring the removal of
prohibited applications from those devices.
(b) The Department of Information Resources and the
Department of Public Safety shall jointly develop a model policy
for state agencies to use in developing the policy required by
Subsection (a).
Sec. 674.003. EXCEPTIONS; MITIGATING MEASURES. (a) A
policy adopted under Section 674.002 may include an exception
allowing the installation and use of a prohibited application to
the extent necessary:
(1) for providing law enforcement;
(2) for developing or implementing information
security measures; or
(3) to allow other legitimate governmental uses as
jointly determined by the Department of Information Resources and
the Department of Public Safety.
(b) A policy allowing the installation and use of a
prohibited 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
prohibited application; and
(2) the documentation of those measures.
(c) The administrative head of a state agency must approve
in writing the installation and use of a prohibited application
under an exception described by Subsection (a) by employees of the
state agency and report the approval to the Department of
Information Resources.
Sec. 674.004. APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER.
The governor by executive order may identify social media
applications or services that pose a threat to the security of the
state's sensitive information, critical infrastructure, or both.
Sec. 674.005. APPLICATION IDENTIFIED BY DEPARTMENT OF
INFORMATION RESOURCES AND DEPARTMENT OF PUBLIC SAFETY. (a) The
Department of Information Resources and the Department of Public
Safety, in consultation with the office of the governor, shall
jointly identify social media applications or services that pose a
threat to the security of the state's sensitive information,
critical infrastructure, or both.
(b) The Department of Information Resources shall publish
annually and maintain on the department's publicly accessible
Internet website a list of the prohibited applications identified
under Subsection (a).
SECTION 2. Not later than the 60th day after the date the
Department of Information Resources and the Department of Public
Safety make available the model policy required by Section
674.002(b), Government Code, as added by this Act, each state
agency shall adopt the policy required by Section 674.002(a),
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.