89R2505 MPF-F
By: Hall S.B. No. 78
A BILL TO BE ENTITLED
AN ACT
relating to the security of election systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 279, Election Code, is amended by
amending Sections 279.002 and 279.003 and adding Sections 279.004
and 279.005 to read as follows:
Sec. 279.002. ELECTION CYBERSECURITY: SECRETARY OF STATE.
(a) The secretary of state shall adopt rules defining classes of
protected election data and establishing best practices for
identifying, [and] reducing, and eliminating the risk to the
electronic use, storage, and transmission of election data and the
security of election systems, including:
(1) methods of encrypting data at rest and during
transmission; and
(2) restricting access to sensitive election data to
only users with a specific need to access that data.
(a-1) The secretary of state shall appoint a dedicated
cybersecurity expert to implement cybersecurity measures to
protect all election data and other election-related data held by
the state or a county in the state, including technology that
blocks, notifies, and reports on unauthorized attempts to access or
transfer data.
(b) The secretary of state shall direct the cybersecurity
expert to offer training on best practices:
(1) on a biennial [an annual] basis, to all
appropriate personnel or contractors with [in] the secretary of
state's office with access to sensitive election data; and
(2) on request, to county election officers and any
employees or contractors of the county election officers with
access to sensitive election data [in this state].
(b-1) Access to sensitive election data shall be revoked for
any employee or contractor that is required to receive training
under Subsection (b) but does not complete the training.
(c) If the secretary of state becomes aware of a breach of
cybersecurity that impacts election data, the secretary shall
immediately notify the governor, lieutenant governor, speaker of
the house of representatives, and members of the standing
committees of each house of the legislature with jurisdiction over
elections. The secretary shall direct the cybersecurity expert to
conduct an investigation of the breach and report any findings to
the governor, lieutenant governor, speaker of the house of
representatives, and members of the standing committees of each
house of the legislature with jurisdiction over elections.
(d) During an investigation conducted under Subsection (c),
access to the election system is restricted to only individuals
designated by the secretary of state until the standing committees
confirm that the breach has been mitigated.
(e) If the investigation under Subsection (c) reveals that
individuals' personal data has been breached, the secretary of
state shall promptly notify the affected individuals by written
letter of the occurrence and extent of the breach.
(f) The secretary of state, in cooperation with the
cybersecurity expert, shall contract with a provider of
cybersecurity assessments to biennially conduct an assessment of
the cybersecurity of the state's election system.
(g) The cybersecurity expert shall implement cybersecurity
measures to ensure that all devices with access to election data
held by the state comply to the highest extent possible with rules
adopted by the secretary of state under Subsection (a).
Sec. 279.003. ELECTION CYBERSECURITY: COUNTY ELECTION
OFFICERS. (a) A county election officer shall biennially
[annually] request training on cybersecurity from the
cybersecurity expert appointed by the secretary of state under
Section 279.002. The secretary of state shall pay the costs
associated with the training with available state funds.
(b) A county election officer shall contract with a provider
of cybersecurity assessments to biennially conduct [request] an
assessment of the cybersecurity of the county's election system
[from a provider of cybersecurity assessments if the secretary of
state recommends an assessment and the necessary funds are
available].
(b-1) The county election officer shall deliver a report on
any recommended improvements to the county's election system by the
assessment conducted under Subsection (b) to the secretary of
state.
(c) If a county election officer becomes aware of a breach
of cybersecurity that impacts election data, the officer shall
immediately notify the secretary of state. If the secretary of
state is made aware of a breach under this section, access to
sensitive election data in the county shall be restricted to
specific personnel during an investigation by the secretary.
(d) A [To the extent that state funds are available for the
purpose, a] county election officer shall implement cybersecurity
measures to ensure that all devices with access to election data
comply to the highest extent possible with rules adopted by the
secretary of state under Section 279.002.
Sec. 279.004. INTERNAL PERSONNEL VIOLATION. If a data
breach under this section is conducted by an employee of the
secretary of state's or county election officer's office, the
employee may not be provided access to election-related data until
an investigation under this section is concluded. If an
investigation determines that the employee intentionally breached
an election system, the secretary of state may pursue all available
legal remedies against the employee, including criminal
prosecution.
Sec. 279.005. COMPUTER NETWORK CONNECTIVITY. (a) Except
as expressly authorized by this code, an election system that is
capable of being connected to the Internet or any other computer
network may not be used in an election held in this state, except
for the use of a visible wired connection to an isolated local area
network within the building.
(b) The cybersecurity expert appointed by the secretary of
state under Section 279.002 shall annually verify compliance with
this section by each county conducting an election in this state.
SECTION 2. Section 123.034, Election Code, is amended to
read as follows:
Sec. 123.034. MAINTENANCE AND STORAGE OF EQUIPMENT. (a)
The governing body of a political subdivision shall provide for the
proper maintenance and storage of the equipment that the
subdivision acquires for use in the operation of a voting system.
(b) Equipment used in the operation of a voting system must
have a documented chain of custody and be stored in a locked
facility with video surveillance monitoring the storage facility at
all times.
SECTION 3. As soon as practicable after the effective date
of this Act, the secretary of state shall:
(1) adopt the rules required by Section 279.002(a),
Election Code, as amended by this Act; and
(2) appoint a cybersecurity expert in accordance with
Section 279.002(a-1), Election Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.