Texas 2025 - 89th Regular

Texas House Bill HB41 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	89R22712 JSC-F
2		-	By: Hefner, et al. H.B. No. 41
3		-	Substitute the following for H.B. No. 41:
4		-	By: Hefner C.S.H.B. No. 41
	1	+	89R4658 JSC-F
	2	+	By: Hefner H.B. No. 41
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the acquisition or use of certain foreign equipment or
12	10		services by a governmental entity.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. The heading to Chapter 423, Government Code, is
15	13		amended to read as follows:
16	14		CHAPTER 423. [USE OF] UNMANNED AIRCRAFT
17		-	SECTION 2. Chapter 423, Government Code, is amended by
18		-	designating Sections 423.001 through 423.009 as Subchapter A and
19		-	adding a subchapter heading to read as follows:
	15	+	SECTION 2. Sections 423.001, 423.002, 423.003, 423.004,
	16	+	423.0045, 423.0046, 423.005, 423.006, 423.007, 423.008, and
	17	+	423.009, Government Code, are designated as Subchapter A, Chapter
	18	+	423, Government Code, and a heading is added to Subchapter A to read
	19	+	as follows:
20	20		SUBCHAPTER A. REGULATION OF UNMANNED AIRCRAFT
21	21		SECTION 3. Subchapter A, Chapter 423, Government Code, as
22	22		added by this Act, is amended by adding Section 423.010 to read as
23	23		follows:
24	24		Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN
25	25		UNMANNED AIRCRAFT OR RELATED EQUIPMENT OR SERVICES BY GOVERNMENTAL
26	26		ENTITY PROHIBITED. (a) In this section:
27	27		(1) "Company" means a sole proprietorship,
28	28		organization, association, corporation, partnership, joint
29	29		venture, limited partnership, limited liability partnership, or
30	30		limited liability company, including a wholly owned subsidiary,
31	31		majority-owned subsidiary, parent company, or affiliate of those
32	32		entities or business associations, that exists to make a profit.
33		-	(2) "Designated country" means a country identified by
34		-	the United States director of national intelligence as a country
35		-	that poses a risk to the national security of the United States in
36		-	at least one of the three most recent Annual Threat Assessments of
37		-	the U.S. Intelligence Community issued pursuant to Section 108B,
38		-	National Security Act of 1947 (50 U.S.C. Section 3043b).
39		-	(3) "Governmental entity" means this state, a
	33	+	(2) "Governmental entity" means this state, a
40	34		political subdivision of this state, or an agency of this state or a
41	35		political subdivision of this state.
42	36		(b) Except as provided by Subsection (d), a governmental
43	37		entity may not acquire or use an unmanned aircraft, or related
44	38		equipment or services, produced or provided by a company that the
45	39		governmental entity knows or has reason to believe is:
46	40		(1) owned by or the majority of stock or other
47	41		ownership interest of the company is held or controlled by:
48		-	(A) the government of a designated country; or
	42	+	(A) the government of China, Iran, North Korea,
	43	+	Russia, or Syria; or
49	44		(B) a company or other entity, including a
50	45		government entity, that is owned or controlled by the government of
51		-	a designated country; or
52		-	(2) headquartered in a designated country.
	46	+	China, Iran, North Korea, Russia, or Syria; or
	47	+	(2) headquartered in China, Iran, North Korea, Russia,
	48	+	or Syria.
53	49		(c) The prohibition described by Subsection (b) applies
54	50		regardless of whether:
55	51		(1) the company's or its parent company's securities
56	52		are publicly traded; or
57	53		(2) the company or its parent company is listed on a
58		-	public stock exchange as a company of a designated country.
59		-	(d) A governmental entity that, before January 1, 2026,
	54	+	public stock exchange as a Chinese, Iranian, North Korean, Russian,
	55	+	or Syrian company.
	56	+	(d) A governmental entity that, before September 1, 2025,
60	57		acquired, or entered into a contract or agreement to acquire, an
61	58		unmanned aircraft or related equipment or services described by
62	59		Subsection (b) may continue to use the unmanned aircraft or related
63		-	equipment or services until ~~January~~ 1, ~~2031~~.
	60	+	equipment or services until September 1, 2030.
64	61		SECTION 4. Chapter 423, Government Code, is amended by
65	62		adding Subchapter B to read as follows:
66	63		SUBCHAPTER B. GRANT PROGRAM
67	64		Sec. 423.051. DEFINITION. In this subchapter, "program"
68	65		means the Law Enforcement Secure Unmanned Aircraft Grant Program
69	66		administered under this subchapter.
70	67		Sec. 423.052. ESTABLISHMENT OF PROGRAM. (a) From money
71		-	appropriated for the purpose, the ~~office of the governor~~ shall
72		-	~~establish~~ a grant program under this subchapter to provide grants
73		-	~~to law~~ enforcement agencies to replace working equipment prohibited
74		-	~~under~~ Section 423.010 that was actively in use by the law
75		-	~~enforcement~~ agencies immediately before ~~January~~ 1, ~~2026~~, and that
76		-	~~has not~~ reached its end of life before that date.
77		-	(b) The ~~governor's office~~ shall award grants under the
	68	+	appropriated for the purpose, the attorney general shall establish
	69	+	a grant program under this subchapter to provide grants to law
	70	+	enforcement agencies to replace working equipment prohibited under
	71	+	Section 423.010 that was actively in use by the law enforcement
	72	+	agencies immediately before September 1, 2025, and that has not
	73	+	reached its end of life before that date.
	74	+	(b) The attorney general shall award grants under the
78	75		program from money appropriated for purposes of the program.
79	76		Sec. 423.053. GRANT APPLICATION. (a) A law enforcement
80		-	agency may apply for a grant from the ~~governor's office~~ in the form
81		-	and manner prescribed by the ~~governor's office~~.
	77	+	agency may apply for a grant from the attorney general in the form
	78	+	and manner prescribed by the attorney general.
82	79		(b) The grant application must include the number and types
83	80		of unmanned aircraft or related equipment that require replacement.
84	81		Sec. 423.054. USE OF FUNDS. Grant recipients may use funds
85	82		only to purchase replacement unmanned aircraft or related equipment
86	83		that complies with Section 423.010.
87	84		Sec. 423.055. SURRENDER OF REPLACED UNMANNED AIRCRAFT OR
88	85		RELATED EQUIPMENT. To enable the designated entity to study or
89	86		dispose of the aircraft or related equipment, a grant recipient
90		-	promptly shall surrender to an entity designated by the ~~governor's~~
91		-	~~office~~ the prohibited unmanned aircraft or related equipment with
	87	+	promptly shall surrender to an entity designated by the attorney
	88	+	general the prohibited unmanned aircraft or related equipment with
92	89		respect to which the grant was awarded.
93	90		Sec. 423.056. EXPIRATION OF SUBCHAPTER. This subchapter
94	91		expires on the second anniversary of the date that all money
95	92		appropriated for the grant program established under this
96	93		subchapter has been expended.
97	94		SECTION 5. Chapter 2054, Government Code, is amended by
98	95		adding Subchapter T to read as follows:
99	96		SUBCHAPTER T. MODEL SECURITY PLAN REGARDING CERTAIN FOREIGN
100	97		TELECOMMUNICATIONS OR VIDEO SURVEILLANCE TECHNOLOGIES
101	98		Sec. 2054.651. MODEL SECURITY PLAN FOR PROHIBITED OR
102	99		SUSPECT TECHNOLOGIES. (a) In this section, "company" and
103	100		"governmental entity" have the meanings assigned by Section
104	101		423.010.
105	102		(b) The department shall create and as necessary amend a
106	103		model security plan for prohibited or suspect technologies to
107	104		address a governmental entity's acquisition or use of
108	105		telecommunications or video surveillance equipment or services
109	106		that may present a risk to state security.
110	107		(c) The model security plan must list known companies that
111	108		produce or provide telecommunications or video surveillance
112	109		equipment or services that may present a risk to state security.
113	110		The list must include any foreign company that is:
114	111		(1) described by Section 423.010;
115	112		(2) prohibited from participating in federal
116	113		contracts under Section 889, John S. McCain National Defense
117	114		Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), or
118	115		other federal law; or
119	116		(3) considered by the department to pose a risk to
120	117		state security.
121	118		(d) The department shall make the model security plan
122	119		created under this section available to governmental entities.
123	120		SECTION 6. Section 423.010(b), Government Code, as added by
124	121		this Act:
125	122		(1) applies to the acquisition of an unmanned aircraft
126	123		or related equipment or services on or after the effective date of
127	124		this Act, except that a contract or agreement to purchase or
128	125		otherwise acquire an unmanned aircraft or related equipment or
129	126		services described by that subsection that is entered into before
130		-	~~January 1,~~ ~~2026,~~ is unaffected by this Act; and
	127	+	the effective date of this Act is unaffected by this Act; and
131	128		(2) except as otherwise provided by Section
132	129		423.010(d), Government Code, as added by this Act, applies to the
133	130		use of an unmanned aircraft or related equipment or services on or
134		-	after ~~January 1,~~ ~~2026~~, regardless of whether the ~~unmanned aircraft~~
135		-	or related equipment or services were acquired ~~before, on, or after~~
136		-	~~that~~ date.
	131	+	after the effective date of this Act, regardless of whether the
	132	+	unmanned aircraft or related equipment or services were acquired
	133	+	before, on, or after the effective date of this Act.
137	134		SECTION 7. Not later than December 1, 2025, the Department
138	135		of Information Resources shall create the initial model security
139	136		plan required by Section 2054.651, Government Code, as added by
140	137		this Act.
141	138		SECTION 8. This Act takes effect September 1, 2025.