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