By:  Carona                                                       S.B. No. 255
	(In the Senate - Filed January 25, 2005; February 3, 2005, 
read first time and referred to Committee on Government 
Organization; February 24, 2005, rereferred to Subcommittee on 
Emerging Technologies and Economic Development; March 14, 2005, 
reported favorably to Committee on Business and Commerce; 
March 31, 2005, reported favorably from Committee on Business and 
Commerce by the following vote:  Yeas 9, Nays 0; March 31, 2005, 
sent to printer.)


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.                           



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