Texas 2023 - 88th Regular

Texas Senate Bill SB1893 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1893
2	2
3	3
4	4	AN ACT
5	5	relating to prohibiting the use of certain social media
6	6	applications and services on devices owned or leased by
7	7	governmental entities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 6, Government Code, is amended
10	10	by adding Chapter 620 to read as follows:
11	11	CHAPTER 620. USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES
12	12	ON GOVERNMENTAL ENTITY DEVICES PROHIBITED
13	13	Sec. 620.001. DEFINITIONS. In this chapter:
14	14	(1) "Covered application" means:
15	15	(A) the social media service TikTok or any
16	16	successor application or service developed or provided by ByteDance
17	17	Limited or an entity owned by ByteDance Limited; or
18	18	(B) a social media application or service
19	19	specified by proclamation of the governor under Section 620.005.
20	20	(2) "Governmental entity" means:
21	21	(A) a department, commission, board, office, or
22	22	other agency that is in the executive or legislative branch of state
23	23	government and that was created by the constitution or a statute,
24	24	including an institution of higher education as defined by Section
25	25	61.003, Education Code;
26	26	(B) the supreme court, the court of criminal
27	27	appeals, a court of appeals, a district court, or the Texas Judicial
28	28	Council or another agency in the judicial branch of state
29	29	government; or
30	30	(C) a political subdivision of this state,
31	31	including a municipality, county, or special purpose district.
32	32	Sec. 620.002. DEFINING SECURITY RISK TO THIS STATE. For
33	33	purposes of this chapter, a social media application or service
34	34	poses a risk to this state if:
35	35	(1) the provider of the application or service may be
36	36	required by a foreign government, or an entity associated with a
37	37	foreign government, to provide confidential or private personal
38	38	information collected by the provider through the application or
39	39	service to the foreign government or associated entity without
40	40	substantial due process rights or similar legal protections; or
41	41	(2) the application or service poses a similar risk to
42	42	the security of this state's sensitive information, critical
43	43	infrastructure, or both, as an application or service described by
44	44	Section 620.001(1)(A).
45	45	Sec. 620.003. PROHIBITION; MODEL POLICY. (a) Subject to
46	46	Section 620.004, a governmental entity shall adopt a policy
47	47	prohibiting the installation or use of a covered application on any
48	48	device owned or leased by the governmental entity and requiring the
49	49	removal of covered applications from those devices.
50	50	(b) The Department of Information Resources and the
51	51	Department of Public Safety shall jointly develop a model policy
52	52	for governmental entities to use in developing the policy required
53	53	by Subsection (a).
54	54	Sec. 620.004. EXCEPTIONS; MITIGATING MEASURES. (a) A
55	55	policy adopted under Section 620.003 may provide for the
56	56	installation and use of a covered application to the extent
57	57	necessary for:
58	58	(1) providing law enforcement; or
59	59	(2) developing or implementing information security
60	60	measures.
61	61	(b) A policy allowing the installation and use of a covered
62	62	application under Subsection (a) must require:
63	63	(1) the use of measures to mitigate risks posed to this
64	64	state during the use of the covered application; and
65	65	(2) the documentation of those measures.
66	66	Sec. 620.005. APPLICATIONS IDENTIFIED BY GOVERNOR'S
67	67	PROCLAMATION. The governor by proclamation may identify social
68	68	media applications or services that pose a risk to this state as
69	69	described by Section 620.002.
70	70	Sec. 620.006. APPLICATION IDENTIFIED BY DEPARTMENT OF
71	71	INFORMATION RESOURCES AND DEPARTMENT OF PUBLIC SAFETY. (a) The
72	72	Department of Information Resources and the Department of Public
73	73	Safety shall jointly identify social media applications or services
74	74	that pose a risk to this state as described by Section 620.002.
75	75	(b) The Department of Information Resources shall:
76	76	(1) annually submit a list of applications and
77	77	services identified under Subsection (a) to the governor;
78	78	(2) publish the list on the department's publicly
79	79	accessible Internet website; and
80	80	(3) periodically update the list on that website.
81	81	SECTION 2. Not later than the 60th day after the date the
82	82	Department of Information Resources and the Department of Public
83	83	Safety make available the model policy required by Section
84	84	620.003(b), Government Code, as added by this Act, each
85	85	governmental entity shall adopt the policy required by Section
86	86	620.003(a), Government Code, as added by this Act.
87	87	SECTION 3. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2023.
92	92	______________________________ ______________________________
93	93	President of the Senate Speaker of the House
94	94	I hereby certify that S.B. No. 1893 passed the Senate on
95	95	April 18, 2023, by the following vote: Yeas 31, Nays 0;
96	96	May 16, 2023, Senate refused to concur in House amendments and
97	97	requested appointment of Conference Committee; May 17, 2023, House
98	98	granted request of the Senate; May 27, 2023, Senate adopted
99	99	Conference Committee Report by the following vote: Yeas 30,
100	100	Nays 1.
101	101	______________________________
102	102	Secretary of the Senate
103	103	I hereby certify that S.B. No. 1893 passed the House, with
104	104	amendments, on May 9, 2023, by the following vote: Yeas 144,
105	105	Nays 0, two present not voting; May 17, 2023, House granted request
106	106	of the Senate for appointment of Conference Committee;
107	107	May 28, 2023, House adopted Conference Committee Report by the
108	108	following vote: Yeas 139, Nays 2, two present not voting.
109	109	______________________________
110	110	Chief Clerk of the House
111	111	Approved:
112	112	______________________________
113	113	Date
114	114	______________________________
115	115	Governor