1 | 1 | | 89R186 MLH-D |
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2 | 2 | | By: Raymond H.B. No. 1172 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to requiring the Department of Information Resources to |
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10 | 10 | | conduct a study concerning the cybersecurity of small businesses. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. DEFINITIONS. In this Act: |
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13 | 13 | | (1) "Department" means the Department of Information |
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14 | 14 | | Resources. |
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15 | 15 | | (2) "Tax incentive" means any exemption, deduction, |
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16 | 16 | | credit, exclusion, waiver, rebate, discount, deferral, or other |
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17 | 17 | | abatement or reduction of state tax liability of a business entity. |
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18 | 18 | | SECTION 2. STUDY CONCERNING CYBERSECURITY OF SMALL |
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19 | 19 | | BUSINESSES. (a) The department, in collaboration with the Texas |
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20 | 20 | | Workforce Commission, shall conduct a study to determine: |
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21 | 21 | | (1) how small businesses can improve their ability to |
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22 | 22 | | protect against cybersecurity risks and threats to the businesses' |
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23 | 23 | | supply chain and to mitigate and recover from cybersecurity |
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24 | 24 | | incidents; and |
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25 | 25 | | (2) the feasibility of establishing a grant program |
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26 | 26 | | for small businesses to receive funds to upgrade their |
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27 | 27 | | cybersecurity infrastructure and to participate in cybersecurity |
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28 | 28 | | awareness training. |
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29 | 29 | | (b) The department may, if necessary and as appropriate, |
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30 | 30 | | partner with a nonprofit entity or institution of higher education, |
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31 | 31 | | as defined by Section 61.003, Education Code, to conduct the study. |
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32 | 32 | | (c) The study may be limited to the geographic region or |
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33 | 33 | | regions served by a nonprofit entity or institution of higher |
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34 | 34 | | education with which the department partners under Subsection (b) |
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35 | 35 | | of this section. |
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36 | 36 | | (d) In conducting the study, the department may consider: |
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37 | 37 | | (1) the current best practices used by small |
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38 | 38 | | businesses for cybersecurity controls for their information |
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39 | 39 | | systems to protect against supply chain vulnerabilities, which may |
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40 | 40 | | include best practices related to: |
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41 | 41 | | (A) software integrity and authenticity; and |
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42 | 42 | | (B) vendor risk management and procurement |
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43 | 43 | | controls, including notification by vendors of any cybersecurity |
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44 | 44 | | incidents related to the vendor's products and services; |
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45 | 45 | | (2) barriers or challenges for small businesses in |
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46 | 46 | | purchasing or acquiring cybersecurity products or services; |
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47 | 47 | | (3) the estimated cost of any available tax incentives |
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48 | 48 | | or other state incentives to increase the ability of small |
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49 | 49 | | businesses to acquire products and services that promote |
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50 | 50 | | cybersecurity; |
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51 | 51 | | (4) the availability of resources small businesses |
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52 | 52 | | need to respond to and recover from a cybersecurity event; |
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53 | 53 | | (5) the impact of cybersecurity incidents that have |
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54 | 54 | | affected small businesses, including the resulting costs to small |
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55 | 55 | | businesses; |
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56 | 56 | | (6) to the extent possible, any emerging cybersecurity |
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57 | 57 | | risks and threats to small businesses resulting from the deployment |
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58 | 58 | | of new technologies; and |
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59 | 59 | | (7) any other issue the department and the Texas |
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60 | 60 | | Workforce Commission determine would have a future impact on |
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61 | 61 | | cybersecurity for small businesses with supply chain |
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62 | 62 | | vulnerabilities. |
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63 | 63 | | (e) In determining the feasibility of establishing a grant |
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64 | 64 | | program described by Subsection (a)(2) of this section, the study |
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65 | 65 | | must: |
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66 | 66 | | (1) identify the most significant and widespread |
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67 | 67 | | cybersecurity incidents impacting small businesses, vendors, and |
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68 | 68 | | others in the supply chain network of small businesses; |
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69 | 69 | | (2) consider the amount small businesses currently |
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70 | 70 | | spend on cybersecurity products and services and the availability |
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71 | 71 | | and market price of those services; and |
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72 | 72 | | (3) identify the type and frequency of training |
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73 | 73 | | necessary to protect small businesses from supply chain |
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74 | 74 | | cybersecurity risks and threats. |
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75 | 75 | | SECTION 3. REPORT. (a) Not later than December 31, 2026, |
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76 | 76 | | the department shall submit to the standing committees of the |
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77 | 77 | | senate and house of representatives with jurisdiction over small |
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78 | 78 | | businesses and cybersecurity a report that contains: |
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79 | 79 | | (1) the results of the study conducted under Section 2 |
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80 | 80 | | of this Act, including the feasibility of establishing a grant |
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81 | 81 | | program described by Subsection (a)(2) of that section; and |
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82 | 82 | | (2) recommendations for best practices and controls |
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83 | 83 | | for small businesses to implement in order to update and protect |
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84 | 84 | | their information systems against cybersecurity risks and threats. |
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85 | 85 | | (b) The department shall make the report available on the |
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86 | 86 | | department's Internet website. |
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87 | 87 | | SECTION 4. EXPIRATION OF ACT. This Act expires September 1, |
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88 | 88 | | 2027. |
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89 | 89 | | SECTION 5. EFFECTIVE DATE. This Act takes effect |
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90 | 90 | | immediately if it receives a vote of two-thirds of all the members |
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91 | 91 | | elected to each house, as provided by Section 39, Article III, Texas |
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92 | 92 | | Constitution. If this Act does not receive the vote necessary for |
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93 | 93 | | immediate effect, this Act takes effect September 1, 2025. |
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