Texas 2023 - 88th Regular

Texas Senate Bill SB2013 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2013
2	2
3	3
4	4	AN ACT
5	5	relating to access to and the security of certain critical
6	6	infrastructure.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 113.001, Business & Commerce Code, as
9	9	added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature,
10	10	Regular Session, 2021, is amended by adding Subdivision (5) to read
11	11	as follows:
12	12	(5) "Affiliate," with respect to a company entering
13	13	into an agreement in which the critical infrastructure is electric
14	14	grid equipment, has the meaning assigned by the protocols of the
15	15	independent organization certified under Section 39.151, Utilities
16	16	Code, for the ERCOT power region.
17	17	SECTION 2. Subchapter F, Chapter 411, Government Code, is
18	18	amended by adding Section 411.1183 to read as follows:
19	19	Sec. 411.1183. ACCESS TO CRIMINAL HISTORY RECORD
20	20	INFORMATION: INDEPENDENT ORGANIZATION CERTIFIED UNDER UTILITIES
21	21	CODE. (a) An independent organization certified under Section
22	22	39.151, Utilities Code, for security reasons is entitled to obtain
23	23	from the department criminal history record information maintained
24	24	by the department that relates to a person who has or is seeking
25	25	employment at or access to the independent organization's systems
26	26	that affect the security of the electric grid or any other
27	27	background information maintained by the department that relates to
28	28	the person that is considered necessary by the independent
29	29	organization or required by the Public Utility Commission.
30	30	(b) Information obtained from the department under this
31	31	section may not be released or disclosed except:
32	32	(1) as needed in protecting the security of the
33	33	electric grid;
34	34	(2) as authorized by a court order or a federal or
35	35	state law or order; or
36	36	(3) with the consent of the person who is the subject
37	37	of the criminal history record information.
38	38	SECTION 3. Section 2274.0101, Government Code, as added by
39	39	Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular
40	40	Session, 2021, is amended by amending Subdivision (5) and adding
41	41	Subdivision (6) to read as follows:
42	42	(5) "Governmental entity" means a state agency, a [or]
43	43	political subdivision, or an independent organization certified
44	44	under Section 39.151, Utilities Code, to perform a function
45	45	described by Section 39.151(a), Utilities Code [of this state].
46	46	(6) "Affiliate," with respect to a company entering
47	47	into an agreement in which the critical infrastructure is electric
48	48	grid equipment, has the meaning assigned by the protocols of the
49	49	independent organization certified under Section 39.151, Utilities
50	50	Code, for the ERCOT power region.
51	51	SECTION 4. Section 39.151, Utilities Code, is amended by
52	52	adding Subsection (g-7) to read as follows:
53	53	(g-7) To maintain certification as an independent
54	54	organization under this section, the organization must:
55	55	(1) identify all employee positions in the
56	56	organization that are critical to the security of the electric
57	57	grid; and
58	58	(2) before hiring a person for a position described by
59	59	Subdivision (1), obtain from the Department of Public Safety or a
60	60	private vendor criminal history record information relating to the
61	61	prospective employee and any other background information
62	62	considered necessary by the independent organization or required by
63	63	the commission.
64	64	SECTION 5. Subchapter H, Chapter 39, Utilities Code, is
65	65	amended by adding Section 39.360 to read as follows:
66	66	Sec. 39.360. TRANSACTIONS WITH CERTAIN FOREIGN-OWNED
67	67	COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE. (a) In this
68	68	section, "company" and "critical infrastructure" have the meanings
69	69	assigned by Section 113.001, Business & Commerce Code, as added by
70	70	Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular
71	71	Session, 2021.
72	72	(b) An independent organization certified under Section
73	73	39.151 may not register a business entity or maintain the
74	74	registration of a business entity to operate in the power region for
75	75	which the independent organization is certified unless the business
76	76	entity attests that the entity complies with Chapter 113, Business &
77	77	Commerce Code, as added by Chapter 975 (S.B. 2116), Acts of the
78	78	87th Legislature, Regular Session, 2021.
79	79	(c) An independent organization certified under Section
80	80	39.151 shall require as a condition of operating in the power region
81	81	for which the independent organization is certified that a business
82	82	entity report to the independent organization the purchase of any
83	83	critical electric grid equipment or service from a company
84	84	described by Section 113.002(a)(2), Business & Commerce Code, as
85	85	added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature,
86	86	Regular Session, 2021.
87	87	(d) For each purchase reported by a business entity under
88	88	Subsection (c), the business entity shall submit an attestation to
89	89	the independent organization that the purchase will not result in
90	90	access to or control of its critical electric grid equipment by a
91	91	company described by Section 113.002(a)(2), Business & Commerce
92	92	Code, as added by Chapter 975 (S.B. 2116), Acts of the 87th
93	93	Legislature, Regular Session, 2021, excluding access specifically
94	94	allowed by the business entity for product warranty and support
95	95	purposes.
96	96	(e) Notwithstanding any other law, an independent
97	97	organization certified under Section 39.151 may immediately
98	98	suspend or terminate a company's registration or access to any of
99	99	the independent organization's systems if the independent
100	100	organization has a reasonable suspicion that the company meets any
101	101	of the criteria described by Section 2274.0102(a)(2), Government
102	102	Code, as added by Chapter 975 (S.B. 2116), Acts of the 87th
103	103	Legislature, Regular Session, 2021.
104	104	(f) A contractual provision that limits or contradicts
105	105	Subsection (e) is contrary to public policy and is unenforceable
106	106	and void.
107	107	(g) An independent organization certified under Section
108	108	39.151 may adopt guidelines or procedures relating to the
109	109	requirements in this section, including the qualification of
110	110	electric grid equipment or services as critical.
111	111	(h) The commission shall adopt any rules necessary to
112	112	administer this section or authorize an independent organization to
113	113	carry out a duty imposed by this section.
114	114	(i) The attorney general may conduct periodic audits of the
115	115	attestations required by Subsection (d) and may prioritize the
116	116	audits as necessary to protect critical infrastructure.
117	117	SECTION 6. The changes made by this Act to Chapter 113,
118	118	Business & Commerce Code, and Chapter 2274, Government Code, apply
119	119	only to a contract or agreement entered into on or after the
120	120	effective date of this Act.
121	121	SECTION 7. (a) For the purposes of Section 39.360(c),
122	122	Utilities Code, as added by this Act, a business entity operating in
123	123	a power region on the effective date of this Act shall report to the
124	124	independent organization certified for that power region under
125	125	Section 39.151, Utilities Code, any purchase made within the five
126	126	years preceding the effective date of this Act.
127	127	(b) For any past purchase reported by a business entity as
128	128	described by Subsection (a) of this section, the business entity
129	129	shall take reasonable and necessary actions to mitigate access to
130	130	or control of its critical electric grid equipment by a company
131	131	described by Section 113.002(a)(2), Business & Commerce Code, as
132	132	added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature,
133	133	Regular Session, 2021, excluding access specifically allowed by the
134	134	business entity for product warranty and support purposes, and
135	135	report those actions to the independent organization.
136	136	SECTION 8. It is the intent of the 88th Legislature, Regular
137	137	Session, 2023, that the amendments made by this Act be harmonized
138	138	with another Act of the 88th Legislature, Regular Session, 2023,
139	139	relating to nonsubstantive additions to and corrections in enacted
140	140	codes.
141	141	SECTION 9. This Act takes effect immediately if it receives
142	142	a vote of two-thirds of all the members elected to each house, as
143	143	provided by Section 39, Article III, Texas Constitution. If this
144	144	Act does not receive the vote necessary for immediate effect, this
145	145	Act takes effect September 1, 2023.
146	146	______________________________ ______________________________
147	147	President of the Senate Speaker of the House
148	148	I hereby certify that S.B. No. 2013 passed the Senate on
149	149	April 4, 2023, by the following vote: Yeas 31, Nays 0; and that
150	150	the Senate concurred in House amendment on May 25, 2023, by the
151	151	following vote: Yeas 31, Nays 0.
152	152	______________________________
153	153	Secretary of the Senate
154	154	I hereby certify that S.B. No. 2013 passed the House, with
155	155	amendment, on May 23, 2023, by the following vote: Yeas 142,
156	156	Nays 1, one present not voting.
157	157	______________________________
158	158	Chief Clerk of the House
159	159	Approved:
160	160	______________________________
161	161	Date
162	162	______________________________
163	163	Governor