89R8691 JON-D
By: Lopez of Bexar H.B. No. 4711
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of information used to prevent,
detect, respond to, or investigate a hostile act of a foreign
adversary of the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.176(a), Government Code, is amended
to read as follows:
(a) Information is confidential if the information is
collected, assembled, or maintained by or for a governmental entity
for the purpose of preventing, detecting, responding to, or
investigating an act of terrorism or related criminal activity or a
hostile act by a foreign adversary of the United States and:
(1) relates to the staffing requirements of an
emergency response provider, including a law enforcement agency, a
fire-fighting agency, or an emergency services agency;
(2) relates to a tactical plan of the provider; or
(3) consists of a list or compilation of pager or
telephone numbers, including mobile and cellular telephone
numbers, of the provider.
SECTION 2. Section 418.177, Government Code, is amended to
read as follows:
Sec. 418.177. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO RISK OR VULNERABILITY ASSESSMENT. Information is
confidential if the information:
(1) is collected, assembled, or maintained by or for a
governmental entity for the purpose of preventing, detecting, or
investigating an act of terrorism or related criminal activity or a
hostile act by a foreign adversary of the United States; and
(2) relates to an assessment by or for a governmental
entity, or an assessment that is maintained by a governmental
entity, of the risk or vulnerability of persons or property,
including critical infrastructure, to an act of terrorism or
related criminal activity.
SECTION 3. Section 418.179(a), Government Code, is amended
to read as follows:
(a) Information is confidential if the information:
(1) is collected, assembled, or maintained by or for a
governmental entity for the purpose of preventing, detecting, or
investigating an act of terrorism or related criminal activity or a
hostile act by a foreign adversary of the United States; and
(2) relates to the details of the encryption codes or
security keys for a public communications system.
SECTION 4. Section 418.180, Government Code, is amended to
read as follows:
Sec. 418.180. CONFIDENTIALITY OF CERTAIN INFORMATION
PREPARED FOR UNITED STATES. Information, other than financial
information, in the possession of a governmental entity is
confidential if the information:
(1) is part of a report to an agency of the United
States;
(2) relates to an act of terrorism or related criminal
activity or a hostile act by a foreign adversary of the United
States; and
(3) is specifically required to be kept confidential:
(A) under Section 552.101 because of a federal
statute or regulation;
(B) to participate in a state-federal
information sharing agreement; or
(C) to obtain federal funding.
SECTION 5. Section 418.181, Government Code, is amended to
read as follows:
Sec. 418.181. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO CRITICAL INFRASTRUCTURE. Those documents or portions
of documents in the possession of a governmental entity are
confidential if they identify the technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism
or a hostile act by a foreign adversary of the United States.
SECTION 6. Section 418.182(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsections (b) and (c),
information, including access codes and passwords, in the
possession of a governmental entity is confidential if the
information [that] relates to the specifications, operating
procedures, or location of a security system used to protect public
or private property from an act of terrorism or related criminal
activity or a hostile act by a foreign adversary of the United
States [is confidential].
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.