1 | 1 | | 89R8691 JON-D |
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2 | 2 | | By: Lopez of Bexar H.B. No. 4711 |
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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 the confidentiality of information used to prevent, |
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10 | 10 | | detect, respond to, or investigate a hostile act of a foreign |
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11 | 11 | | adversary of the United States. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 418.176(a), Government Code, is amended |
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14 | 14 | | to read as follows: |
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15 | 15 | | (a) Information is confidential if the information is |
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16 | 16 | | collected, assembled, or maintained by or for a governmental entity |
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17 | 17 | | for the purpose of preventing, detecting, responding to, or |
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18 | 18 | | investigating an act of terrorism or related criminal activity or a |
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19 | 19 | | hostile act by a foreign adversary of the United States and: |
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20 | 20 | | (1) relates to the staffing requirements of an |
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21 | 21 | | emergency response provider, including a law enforcement agency, a |
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22 | 22 | | fire-fighting agency, or an emergency services agency; |
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23 | 23 | | (2) relates to a tactical plan of the provider; or |
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24 | 24 | | (3) consists of a list or compilation of pager or |
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25 | 25 | | telephone numbers, including mobile and cellular telephone |
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26 | 26 | | numbers, of the provider. |
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27 | 27 | | SECTION 2. Section 418.177, Government Code, is amended to |
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28 | 28 | | read as follows: |
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29 | 29 | | Sec. 418.177. CONFIDENTIALITY OF CERTAIN INFORMATION |
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30 | 30 | | RELATING TO RISK OR VULNERABILITY ASSESSMENT. Information is |
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31 | 31 | | confidential if the information: |
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32 | 32 | | (1) is collected, assembled, or maintained by or for a |
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33 | 33 | | governmental entity for the purpose of preventing, detecting, or |
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34 | 34 | | investigating an act of terrorism or related criminal activity or a |
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35 | 35 | | hostile act by a foreign adversary of the United States; and |
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36 | 36 | | (2) relates to an assessment by or for a governmental |
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37 | 37 | | entity, or an assessment that is maintained by a governmental |
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38 | 38 | | entity, of the risk or vulnerability of persons or property, |
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39 | 39 | | including critical infrastructure, to an act of terrorism or |
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40 | 40 | | related criminal activity. |
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41 | 41 | | SECTION 3. Section 418.179(a), Government Code, is amended |
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42 | 42 | | to read as follows: |
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43 | 43 | | (a) Information is confidential if the information: |
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44 | 44 | | (1) is collected, assembled, or maintained by or for a |
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45 | 45 | | governmental entity for the purpose of preventing, detecting, or |
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46 | 46 | | investigating an act of terrorism or related criminal activity or a |
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47 | 47 | | hostile act by a foreign adversary of the United States; and |
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48 | 48 | | (2) relates to the details of the encryption codes or |
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49 | 49 | | security keys for a public communications system. |
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50 | 50 | | SECTION 4. Section 418.180, Government Code, is amended to |
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51 | 51 | | read as follows: |
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52 | 52 | | Sec. 418.180. CONFIDENTIALITY OF CERTAIN INFORMATION |
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53 | 53 | | PREPARED FOR UNITED STATES. Information, other than financial |
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54 | 54 | | information, in the possession of a governmental entity is |
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55 | 55 | | confidential if the information: |
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56 | 56 | | (1) is part of a report to an agency of the United |
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57 | 57 | | States; |
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58 | 58 | | (2) relates to an act of terrorism or related criminal |
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59 | 59 | | activity or a hostile act by a foreign adversary of the United |
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60 | 60 | | States; and |
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61 | 61 | | (3) is specifically required to be kept confidential: |
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62 | 62 | | (A) under Section 552.101 because of a federal |
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63 | 63 | | statute or regulation; |
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64 | 64 | | (B) to participate in a state-federal |
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65 | 65 | | information sharing agreement; or |
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66 | 66 | | (C) to obtain federal funding. |
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67 | 67 | | SECTION 5. Section 418.181, Government Code, is amended to |
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68 | 68 | | read as follows: |
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69 | 69 | | Sec. 418.181. CONFIDENTIALITY OF CERTAIN INFORMATION |
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70 | 70 | | RELATING TO CRITICAL INFRASTRUCTURE. Those documents or portions |
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71 | 71 | | of documents in the possession of a governmental entity are |
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72 | 72 | | confidential if they identify the technical details of particular |
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73 | 73 | | vulnerabilities of critical infrastructure to an act of terrorism |
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74 | 74 | | or a hostile act by a foreign adversary of the United States. |
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75 | 75 | | SECTION 6. Section 418.182(a), Government Code, is amended |
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76 | 76 | | to read as follows: |
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77 | 77 | | (a) Except as provided by Subsections (b) and (c), |
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78 | 78 | | information, including access codes and passwords, in the |
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79 | 79 | | possession of a governmental entity is confidential if the |
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80 | 80 | | information [that] relates to the specifications, operating |
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81 | 81 | | procedures, or location of a security system used to protect public |
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82 | 82 | | or private property from an act of terrorism or related criminal |
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83 | 83 | | activity or a hostile act by a foreign adversary of the United |
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84 | 84 | | States [is confidential]. |
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85 | 85 | | SECTION 7. This Act takes effect immediately if it receives |
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86 | 86 | | a vote of two-thirds of all the members elected to each house, as |
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87 | 87 | | provided by Section 39, Article III, Texas Constitution. If this |
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88 | 88 | | Act does not receive the vote necessary for immediate effect, this |
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89 | 89 | | Act takes effect September 1, 2025. |
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