89R4658 JSC-F
By: Hefner H.B. No. 41
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition or use of certain foreign equipment or
services by a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 423, Government Code, is
amended to read as follows:
CHAPTER 423. [USE OF] UNMANNED AIRCRAFT
SECTION 2. Sections 423.001, 423.002, 423.003, 423.004,
423.0045, 423.0046, 423.005, 423.006, 423.007, 423.008, and
423.009, Government Code, are designated as Subchapter A, Chapter
423, Government Code, and a heading is added to Subchapter A to read
as follows:
SUBCHAPTER A. REGULATION OF UNMANNED AIRCRAFT
SECTION 3. Subchapter A, Chapter 423, Government Code, as
added by this Act, is amended by adding Section 423.010 to read as
follows:
Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN
UNMANNED AIRCRAFT OR RELATED EQUIPMENT OR SERVICES BY GOVERNMENTAL
ENTITY PROHIBITED. (a) In this section:
(1) "Company" means a sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or
limited liability company, including a wholly owned subsidiary,
majority-owned subsidiary, parent company, or affiliate of those
entities or business associations, that exists to make a profit.
(2) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state.
(b) Except as provided by Subsection (d), a governmental
entity may not acquire or use an unmanned aircraft, or related
equipment or services, produced or provided by a company that the
governmental entity knows or has reason to believe is:
(1) owned by or the majority of stock or other
ownership interest of the company is held or controlled by:
(A) the government of China, Iran, North Korea,
Russia, or Syria; or
(B) a company or other entity, including a
government entity, that is owned or controlled by the government of
China, Iran, North Korea, Russia, or Syria; or
(2) headquartered in China, Iran, North Korea, Russia,
or Syria.
(c) The prohibition described by Subsection (b) applies
regardless of whether:
(1) the company's or its parent company's securities
are publicly traded; or
(2) the company or its parent company is listed on a
public stock exchange as a Chinese, Iranian, North Korean, Russian,
or Syrian company.
(d) A governmental entity that, before September 1, 2025,
acquired, or entered into a contract or agreement to acquire, an
unmanned aircraft or related equipment or services described by
Subsection (b) may continue to use the unmanned aircraft or related
equipment or services until September 1, 2030.
SECTION 4. Chapter 423, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. GRANT PROGRAM
Sec. 423.051. DEFINITION. In this subchapter, "program"
means the Law Enforcement Secure Unmanned Aircraft Grant Program
administered under this subchapter.
Sec. 423.052. ESTABLISHMENT OF PROGRAM. (a) From money
appropriated for the purpose, the attorney general shall establish
a grant program under this subchapter to provide grants to law
enforcement agencies to replace working equipment prohibited under
Section 423.010 that was actively in use by the law enforcement
agencies immediately before September 1, 2025, and that has not
reached its end of life before that date.
(b) The attorney general shall award grants under the
program from money appropriated for purposes of the program.
Sec. 423.053. GRANT APPLICATION. (a) A law enforcement
agency may apply for a grant from the attorney general in the form
and manner prescribed by the attorney general.
(b) The grant application must include the number and types
of unmanned aircraft or related equipment that require replacement.
Sec. 423.054. USE OF FUNDS. Grant recipients may use funds
only to purchase replacement unmanned aircraft or related equipment
that complies with Section 423.010.
Sec. 423.055. SURRENDER OF REPLACED UNMANNED AIRCRAFT OR
RELATED EQUIPMENT. To enable the designated entity to study or
dispose of the aircraft or related equipment, a grant recipient
promptly shall surrender to an entity designated by the attorney
general the prohibited unmanned aircraft or related equipment with
respect to which the grant was awarded.
Sec. 423.056. EXPIRATION OF SUBCHAPTER. This subchapter
expires on the second anniversary of the date that all money
appropriated for the grant program established under this
subchapter has been expended.
SECTION 5. Chapter 2054, Government Code, is amended by
adding Subchapter T to read as follows:
SUBCHAPTER T. MODEL SECURITY PLAN REGARDING CERTAIN FOREIGN
TELECOMMUNICATIONS OR VIDEO SURVEILLANCE TECHNOLOGIES
Sec. 2054.651. MODEL SECURITY PLAN FOR PROHIBITED OR
SUSPECT TECHNOLOGIES. (a) In this section, "company" and
"governmental entity" have the meanings assigned by Section
423.010.
(b) The department shall create and as necessary amend a
model security plan for prohibited or suspect technologies to
address a governmental entity's acquisition or use of
telecommunications or video surveillance equipment or services
that may present a risk to state security.
(c) The model security plan must list known companies that
produce or provide telecommunications or video surveillance
equipment or services that may present a risk to state security.
The list must include any foreign company that is:
(1) described by Section 423.010;
(2) prohibited from participating in federal
contracts under Section 889, John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), or
other federal law; or
(3) considered by the department to pose a risk to
state security.
(d) The department shall make the model security plan
created under this section available to governmental entities.
SECTION 6. Section 423.010(b), Government Code, as added by
this Act:
(1) applies to the acquisition of an unmanned aircraft
or related equipment or services on or after the effective date of
this Act, except that a contract or agreement to purchase or
otherwise acquire an unmanned aircraft or related equipment or
services described by that subsection that is entered into before
the effective date of this Act is unaffected by this Act; and
(2) except as otherwise provided by Section
423.010(d), Government Code, as added by this Act, applies to the
use of an unmanned aircraft or related equipment or services on or
after the effective date of this Act, regardless of whether the
unmanned aircraft or related equipment or services were acquired
before, on, or after the effective date of this Act.
SECTION 7. Not later than December 1, 2025, the Department
of Information Resources shall create the initial model security
plan required by Section 2054.651, Government Code, as added by
this Act.
SECTION 8. This Act takes effect September 1, 2025.