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79R7614 MXM-F
By: Corte H.B. No. 3112
A BILL TO BE ENTITLED
AN ACT
relating to the security of computer networks in state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Government Code, is
amended by adding Section 2059 to read as follows:
CHAPTER 2059. TEXAS COMPUTER NETWORK SECURITY SYSTEM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2059.001. DEFINITIONS. In this chapter:
(1) "Center" means the network security center
established under this chapter.
(2) "Department" means the Department of Information
Resources.
(3) "Network security" means the protection of
computer systems and technology assets from unauthorized external
intervention or improper use. The term includes detecting,
identifying, and countering malicious network activity to prevent
the acquisition of information or disruption of information
technology operations.
(4) "State agency" has the meaning assigned by Section
2151.002.
[Sections 2059.002-2059.050 reserved for expansion]
SUBCHAPTER B. GENERAL POWERS AND DUTIES
Sec. 2059.051. DEPARTMENT RESPONSIBLE FOR PROVIDING
COMPUTER NETWORK SECURITY SERVICES. The department shall provide
network security services to:
(1) state agencies; and
(2) other entities by agreement as provided by Section
2059.057.
Sec. 2059.052. RULES. The department may adopt rules
necessary to implement this chapter.
Sec. 2059.053. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
The department may purchase in accordance with Chapters 2155, 2156,
2157, and 2158 any facilities or equipment necessary to provide
network security services to state agencies.
Sec. 2059.054. RESTRICTED INFORMATION. Specific network
security information about a state agency may be released only to
officials responsible for the network, law enforcement, and
designated agency or elected officials.
Sec. 2059.055. RESPONSIBILITY FOR EXTERNAL AND INTERNAL
SECURITY THREATS. If the department provides network security
services for a state agency or other entity under this chapter, the
department is responsible for network security from external
threats for that agency or entity. Network security management for
that state agency or entity regarding internal threats remains the
responsibility of that state agency or entity.
Sec. 2059.056. BIENNIAL REPORT. The department shall
biennially submit a report to the legislature on:
(1) the department's accomplishment of service
objectives and other performance measures under this chapter; and
(2) the status, including the financial performance,
of the consolidated network security system provided through the
center.
Sec. 2059.057. AGREEMENT TO PROVIDE NETWORK SECURITY
SERVICES TO ENTITIES OTHER THAN STATE AGENCIES. (a) In this
section, a "special district" means:
(1) a school district;
(2) a hospital district;
(3) a water district; or
(4) a district or special water authority, as defined
by Section 49.001, Water Code.
(b) In addition to the department's duty to provide network
security services to state agencies under this chapter, the
department by agreement may provide network security to:
(1) each house of the legislature;
(2) an agency that is not a state agency, including a
legislative agency;
(3) a political subdivision of this state, including a
county, municipality, or special district; and
(4) an independent organization, as defined by Section
39.151, Utilities Code.
Sec. 2059.058. TRANSITION TO THE CENTER. (a) The
department shall provide network security services for a state
agency if the department makes that state agency's network a part of
the consolidated state network through the center.
(b) Before the construction and operation of the center, the
department may provide network security services through
agreements with entities that provide those services using existing
network security centers or operations.
(c) If the state agency or entity pays its proportional
share of the network security services costs under this chapter,
the department shall provide network security services to that
state agency or other entity before the department makes the state
agency's network a part of the consolidated state network.
(d) This section expires September 1, 2011.
[Sections 2059.059-2059.100 reserved for expansion]
SUBCHAPTER C. NETWORK SECURITY CENTER
Sec. 2059.101. NETWORK SECURITY CENTER. The department
shall establish a network security center to provide network
security services to state agencies.
Sec. 2059.102. MANAGEMENT AND USE OF NETWORK SECURITY
SYSTEM. (a) The department shall manage the operation of network
security system services for all state agencies at the center.
(b) The department shall fulfill the network security
requirements of each state agency to the extent practicable.
(c) All state agencies shall use the network security
services provided through the center to the fullest extent
possible.
(d) A state agency may not purchase network security
services unless the department determines that the agency's
requirement for network security services cannot be met at a
comparable cost through the center. The department shall develop
an efficient process for this determination.
Sec. 2059.103. CENTER LOCATION AND PHYSICAL SECURITY. (a)
The department shall locate the center at a location that has an
existing secure and restricted facility, cyber-security
infrastructure, available trained workforce, and supportive
educational capabilities.
(b) The department shall control and monitor all entrances
and critical areas to prevent unauthorized entry. The department
shall limit access to authorized individuals.
(c) Local law enforcement or security agencies shall
monitor security alarms at the center according to service
availability.
(d) The department shall restrict operational information
to personnel at the center.
Sec. 2059.104. CENTER SERVICES AND SUPPORT. (a) The
department shall provide the following managed security services
through the center:
(1) real-time network security monitoring to detect
and respond to network security events that may jeopardize this
state and the residents of this state, including vulnerability
assessment services consisting of a comprehensive security posture
assessment, external and internal threat analysis, and penetration
testing;
(2) continuous, 24-hour alerts and guidance for
defeating network security threats, including firewall
pre-configuration, installation, management and monitoring,
intelligence gathering, protocol analysis, and user
authentication;
(3) immediate incident response to counter network
security activity that exposes this state and the residents of this
state to risk, including complete intrusion detection systems
installation, management and monitoring, and a network operations
call center;
(4) development, coordination, and execution of
statewide cyber-security operations to isolate, contain, and
mitigate the impact of network security incidents at state
agencies, including the engineering, monitoring, and management of
a secure, virtual private network for the applicable agencies and
constituents;
(5) implementation of best-of-breed information
security architecture engineering services, including public key
infrastructure development, design, engineering, custom software
development, and secure web design;
(6) operation of a central authority for all statewide
information assurance programs;
(7) certification and accreditation to ensure
compliance with the applicable regulatory requirements for
cyber-security and information technology risk management,
including the use of proprietary tools to automate the assessment
and enforcement of compliance; and
(8) the provision of educational services regarding
network security through the maintenance and operation of a fully
staffed and equipped training facility.
(b) The department shall provide state agency network
security managers the following support through the center:
(1) real-time information about network security
events involving networks under the managers' supervision;
(2) help desk support seven days a week and 24 hours a
day;
(3) incident history, including intrusions, attempted
intrusions, denials of service, viral infections, and probing;
(4) incident and event chronologies and response time
lines;
(5) a central incident response team capability;
(6) sensor and firewall performance management;
(7) recommended actions and training for mitigating
incidents;
(8) the ability to detect, contain, eradicate, and
report network security incidents to minimize the effect on the
confidentiality, availability, and integrity of state services and
corresponding forensic support; and
(9) the capability to promptly respond to incidents in
accordance with predetermined escalation procedures, including the
prioritization of cyber-security threats, impacts, and established
required responses and time lines for the responses.
Sec. 2059.105. NETWORK SECURITY GUIDELINES AND STANDARD
OPERATING PROCEDURES. (a) The department shall adopt and provide
to all state agencies appropriate network security guidelines and
standard operating procedures to ensure efficient operation of the
center with a maximum return on investment for the state.
(b) The department shall revise the standard operating
procedures as necessary to confirm network security.
(c) Each state agency shall comply with the network security
policies, guidelines, and standard operating procedures.
Sec. 2059.106. PRIVATE VENDOR. (a) The department may
contract with a private vendor to build and operate the center and
act as an authorized agent to acquire, install, integrate,
maintain, configure, and monitor the network security services and
security infrastructure elements.
(b) A private vendor contracted with under this section
must:
(1) have the professional experience and the proven
ability to establish and maintain a security operations center,
including the necessary standard operating procedures and the
aptitude to specifically provide the services and capabilities
described by this chapter;
(2) have the verified capability to lead and partner
with other vendors through joint ventures or other arrangements;
(3) be familiar with the proprietary technologies for
risk management, vulnerability management, security, and intrusion
detection;
(4) have significant experience with large
governmental entities;
(5) be incorporated in this state or have its
principal place of business in this state; and
(6) have existing relationships with an institution of
higher education and other information technology security
academies that provide network security education.
[Sections 2059.107-2059.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 2059.151. PAYMENT FOR SERVICES. The department shall
develop a system of billings and charges for services provided in
operating and administering the network security system that
allocates the total state cost to each state agency or other entity
served by the system based on proportionate usage.
Sec. 2059.152. REVOLVING FUND ACCOUNT. (a) The
comptroller shall establish in the state treasury a revolving fund
account for the administration of this chapter. The account must be
used as a depository for money received from state agencies and
other entities served under this chapter. Receipts attributable to
the centralized network security system must be deposited into the
account and separately identified within the account.
(b) The legislature may appropriate money for operating the
system directly to the department, in which case the revolving fund
account must be used to receive money due from local governmental
entities and other agencies to the extent that their money is not
subject to legislative appropriation.
(c) The department shall maintain in the revolving fund
account sufficient amounts to pay the liabilities of the center and
related network security services.
Sec. 2059.153. GRANTS. The department may apply for and use
for purposes of this chapter the proceeds from grants offered by any
federal agency or other source.
SECTION 2. This Act takes effect September 1, 2005.