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A BILL TO BE ENTITLED
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AN ACT
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relating to security procedures for digital applications that pose |
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a network security risk to state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2054, Government Code, is amended by |
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adding Subchapter S to read as follows: |
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SUBCHAPTER S. DIGITAL APPLICATION SECURITY PROCEDURES |
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Sec. 2054.621. DEFINITIONS. In this subchapter: |
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(1) "Digital application" means an Internet website or |
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application that is open to the public, allows a user to create an |
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account, and enables a user to communicate with other users by |
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posting information, comments, messages, images, or video. The |
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term does not include: |
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(A) an Internet service provider, as defined by |
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Section 324.055, Business & Commerce Code; |
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(B) e-mail; or |
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(C) an online service, application, or Internet |
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website: |
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(i) that consists primarily of news, |
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sports, entertainment, or other content preselected by the provider |
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that is not user generated; and |
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(ii) for which any chat, comment, or |
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interactive functionality is incidental to, directly related to, or |
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dependent on provision of the content described by Subparagraph |
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(i). |
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(2) "Network security" has the meaning assigned by |
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Section 2059.001. |
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(3) "User" means a person who posts, uploads, |
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transmits, shares, or otherwise publishes or receives content |
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through a digital application. |
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Sec. 2054.622. DIGITAL APPLICATION SECURITY RISK LIST. The |
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department shall: |
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(1) compile, maintain, and annually update a list of |
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digital applications that create a network security risk to state |
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agencies; |
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(2) limit or prohibit the placement and use of digital |
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applications on the list under Subdivision (1) on: |
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(A) state-owned cell phones, computers, and |
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other communication devices; and |
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(B) personal communication devices of state |
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agency employees that are used in the agency's office or other |
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workplace; and |
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(3) post the list under Subdivision (1) on a publicly |
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accessible web page on the department's Internet website. |
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Sec. 2054.623. DIGITAL APPLICATION SECURITY MODEL POLICY |
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FOR STATE AGENCIES. The department shall develop, maintain, and |
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periodically update a model policy for state agencies to use under |
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Section 2054.624 in limiting or prohibiting the placement and use |
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on communication devices of the digital applications included on |
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the list compiled under Section 2054.622. |
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Sec. 2054.624. STATE AGENCY DIGITAL APPLICATION SECURITY |
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POLICY. (a) Each state agency shall develop, implement, and |
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periodically update a policy limiting or prohibiting the placement |
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and use of digital applications included on the list compiled under |
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Section 2054.622 on: |
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(1) state-owned cell phones, computers, and other |
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communication devices; and |
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(2) personal communication devices of state agency |
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employees that are used in the agency's office or other workplace. |
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(b) Each state agency shall submit to the department a copy |
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of the policy required under Subsection (a) and updates to the |
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policy. |
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(c) The department: |
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(1) may offer recommendations for improvements to |
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submitted policies; |
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(2) shall retain each copy and update submitted under |
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Subsection (b); and |
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(3) shall notify each member of the legislature and |
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the governor when a state agency submits a policy or update. |
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Sec. 2054.625. DISCLOSURE EXEMPTION. The model policy and |
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state agency policies developed under this subchapter are exempt |
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from disclosure under Chapter 552. |
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Sec. 2054.626. RULEMAKING AUTHORITY. The department may |
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adopt rules to implement this subchapter. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, but not later than January 1, 2024, the Department |
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of Information Resources shall develop the digital application |
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security risk list and model policy as required by Subchapter S, |
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Chapter 2054, Government Code, as added by this Act. |
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(b) A state agency is not required to comply with Section |
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2054.624, Government Code, as added by this Act, until May 1, 2024. |
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SECTION 3. This Act takes effect September 1, 2023. |