By: Carona S.B. No. 255
A BILL TO BE ENTITLED
AN ACT
relating to the removal of data from data processing equipment
disposed of or transferred by state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 2054, Government Code, is
amended by adding Section 2054.130 to read as follows:
Sec. 2054.130. REMOVAL OF DATA FROM DATA PROCESSING
EQUIPMENT; RULES. (a) A state agency shall permanently remove
data from data processing equipment before disposing of or
otherwise transferring the equipment to a person who is not a state
agency or other agent of the state. This section applies only to
equipment that will not be owned by the state after the disposal or
other transfer.
(b) The department shall adopt rules to implement this
section. The rules must include rules that:
(1) specify what types of data processing equipment
are covered by this section, including computer hard drives and
other memory components;
(2) explain the acceptable methods for removal of
data; and
(3) adopt appropriate forms for use by state agencies
in documenting the removal process, including forms for documenting
completion of the process.
SECTION 2. Not later than March 1, 2006, the Department of
Information Resources shall adopt the rules required by Section
2054.130, Government Code, as added by this Act. A state agency is
not required to comply with Section 2054.130, Government Code,
until the department adopts the rules.
SECTION 3. This Act takes effect September 1, 2005.