78R2240 SMJ-D

By:  Smith of Tarrant                                             H.B. No. 526



A BILL TO BE ENTITLED

AN ACT

relating to reports on the vulnerability of local government 
computer systems and electronic data to harm or unauthorized 
access.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 205, Local Government Code, is amended 
by adding Section 205.010 to read as follows:
	Sec. 205.010.  VULNERABILITY REPORTS.  (a) In this section, 
a term defined by Section 33.01, Penal Code, has the meaning 
assigned by that section.
	(b)  A records management officer for a local government may 
prepare or have prepared a report assessing the extent to which a 
computer, a computer program, a computer network, a computer 
system, computer software, or data processing of the local 
government or of a contractor of the local government is vulnerable 
to harm or unauthorized access, including the extent to which the 
local government's or contractor's electronically stored 
information is vulnerable to alteration, damage, or erasure.
	(c)  Except as provided by this section, a vulnerability 
report and any information or communication prepared or maintained 
for use in the preparation of a vulnerability report is 
confidential and is not subject to disclosure under Chapter 552, 
Government Code.
	(d)  On request, the records management officer shall 
provide a copy of the vulnerability report to:
		(1)  the governing body of the local government;                       
		(2)  the custodian of the local government's records;                  
		(3)  the director and librarian; and                                   
		(4)  any other information technology security 
oversight group specifically authorized by the legislature to 
receive the report.
	(e)  A local government whose records management officer has 
prepared or has had prepared a vulnerability report shall prepare a 
summary of the report that does not contain any information the 
release of which might compromise the security of the local 
government's or local government contractor's computers, computer 
programs, computer networks, computer systems, computer software, 
data processing, or electronically stored information.  The summary 
is available to the public on request.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.