| 1 | 1 | | 88R8146 JCG-D |
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| 2 | 2 | | By: King S.B. No. 2159 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the use of certain social media |
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| 8 | 8 | | applications and services on devices owned or leased by state |
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| 9 | 9 | | agencies. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle B, Title 6, Government Code, is amended |
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| 12 | 12 | | by adding Chapter 674 to read as follows: |
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| 13 | 13 | | CHAPTER 674. USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES |
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| 14 | 14 | | ON STATE AGENCY DEVICES PROHIBITED |
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| 15 | 15 | | Sec. 674.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Covered application" means: |
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| 17 | 17 | | (A) the social media service TikTok or any |
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| 18 | 18 | | successor application or service developed or provided by ByteDance |
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| 19 | 19 | | Limited or an entity owned by ByteDance Limited; or |
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| 20 | 20 | | (B) a social media application or service |
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| 21 | 21 | | specified by executive order of the governor under Section 674.004. |
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| 22 | 22 | | (2) "State agency" means: |
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| 23 | 23 | | (A) a department, commission, board, office, or |
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| 24 | 24 | | other agency that is in the executive or legislative branch of state |
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| 25 | 25 | | government and that was created by the constitution or a statute, |
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| 26 | 26 | | including an institution of higher education as defined by Section |
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| 27 | 27 | | 61.003, Education Code; or |
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| 28 | 28 | | (B) the supreme court, the court of criminal |
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| 29 | 29 | | appeals, a court of appeals, or the Texas Judicial Council or |
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| 30 | 30 | | another agency in the judicial branch of state government. |
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| 31 | 31 | | Sec. 674.002. PROHIBITION. Subject to Section 674.003, a |
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| 32 | 32 | | state agency shall adopt a policy prohibiting the installation or |
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| 33 | 33 | | use of a covered application on any device owned or leased by the |
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| 34 | 34 | | state agency and requiring the removal of covered applications from |
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| 35 | 35 | | those devices. |
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| 36 | 36 | | Sec. 674.003. EXCEPTIONS; MITIGATING MEASURES. (a) A |
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| 37 | 37 | | policy adopted under Section 674.002 may provide for the |
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| 38 | 38 | | installation and use of a covered application to the extent |
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| 39 | 39 | | necessary for: |
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| 40 | 40 | | (1) providing law enforcement; or |
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| 41 | 41 | | (2) developing or implementing information security |
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| 42 | 42 | | measures. |
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| 43 | 43 | | (b) A policy allowing the installation and use of a covered |
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| 44 | 44 | | application under Subsection (a) must require: |
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| 45 | 45 | | (1) the use of measures to mitigate risks to the |
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| 46 | 46 | | security of state agency information during the use of the covered |
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| 47 | 47 | | application; and |
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| 48 | 48 | | (2) the documentation of those measures. |
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| 49 | 49 | | Sec. 674.004. APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER. |
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| 50 | 50 | | The governor by executive order may identify social media |
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| 51 | 51 | | applications or services that pose a similar risk to the security of |
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| 52 | 52 | | state agency information as the service described by Section |
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| 53 | 53 | | 674.001(1)(A). |
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| 54 | 54 | | SECTION 2. Not later than the 60th day after the effective |
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| 55 | 55 | | date of this Act, each state agency shall adopt the policy required |
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| 56 | 56 | | by Chapter 674, Government Code, as added by this Act. |
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| 57 | 57 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2023. |
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