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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of certain social media |
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applications and services on devices owned or leased by |
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governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES |
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ON GOVERNMENTAL ENTITY DEVICES PROHIBITED |
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Sec. 620.001. DEFINITIONS. In this chapter: |
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(1) "Covered application" means: |
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(A) the social media service TikTok or any |
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successor application or service developed or provided by ByteDance |
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Limited or an entity owned by ByteDance Limited; or |
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(B) a social media application or service |
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specified by executive order of the governor under Section 620.004. |
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(2) "Governmental entity" means: |
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(A) a department, commission, board, office, or |
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other agency that is in the executive or legislative branch of state |
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government and that was created by the constitution or a statute, |
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including an institution of higher education as defined by Section |
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61.003, Education Code; |
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(B) the supreme court, the court of criminal |
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appeals, a court of appeals, or the Texas Judicial Council or |
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another agency in the judicial branch of state government; or |
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(C) a political subdivision of this state, |
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including a municipality, county, or special purpose district. |
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Sec. 620.002. PROHIBITION. Subject to Section 620.003, a |
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governmental entity shall adopt a policy prohibiting the |
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installation or use of a covered application on any device owned or |
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leased by the governmental entity and requiring the removal of |
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covered applications from those devices. |
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Sec. 620.003. EXCEPTIONS; MITIGATING MEASURES. (a) A |
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policy adopted under Section 620.002 may provide for the |
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installation and use of a covered application to the extent |
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necessary for: |
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(1) providing law enforcement; or |
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(2) developing or implementing information security |
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measures. |
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(b) A policy allowing the installation and use of a covered |
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application under Subsection (a) must require: |
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(1) the use of measures to mitigate risks to the |
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security of governmental entity information during the use of the |
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covered application; and |
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(2) the documentation of those measures. |
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Sec. 620.004. APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER. |
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The governor by executive order may identify social media |
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applications or services that pose a similar risk to the security of |
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governmental entity information as the service described by Section |
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620.001(1)(A). |
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SECTION 2. Not later than the 60th day after the effective |
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date of this Act, each governmental entity shall adopt the policy |
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required by Chapter 620, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |