Texas Senate Bill SB78

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the security of election systems.

Impact

If enacted, SB78 would significantly alter existing election security laws, mandating state-level oversight and best practices for cybersecurity. The legislation requires county election officers to ensure their systems comply with the new regulations, which include biennial cybersecurity assessments. Additionally, any breaches would require immediate notification of key state officials and initiating investigations to address the threat. This creates a more structured response framework for potential cyber incidents and enhances accountability among election officials and personnel.

Summary

Senate Bill 78 (SB78) focuses on enhancing the security of election systems across Texas by amending the Election Code. It aims to define protected election data and establish best practices to minimize risks associated with the electronic use, storage, and transmission of such data. The bill outlines specific responsibilities for the Secretary of State, including the appointment of a dedicated cybersecurity expert responsible for implementing and overseeing these security measures. This involves regular training for personnel accessing sensitive election data and ensuring proper protocols are followed in case of cyberattacks or breaches.

Contention

Although the bill aims to strengthen election integrity, it may spark debate among lawmakers regarding the balance between state control and local authority. Proponents highlight the necessity of uniform cybersecurity standards to protect elections from increasingly sophisticated cyber threats. However, critics may argue that centralized control could limit local entities' ability to address specific threats or vulnerabilities unique to their jurisdictions. The bill's implementation could also hinge on state funding for necessary cybersecurity measures, which may raise questions about resource allocation and support for local election offices.

Texas Constitutional Statutes Affected

Election Code

• Chapter 279. Cybersecurity Of Election Systems
  • Section: 002
  • Section: 003
  • Section: New Section

• Chapter 123. Adoption And Acquisition Of Voting System
  • Section: 034