BILL ANALYSIS |
C.S.H.B. 1861 |
By: Elkins |
Government Transparency & Operation |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that information related to a computer security incident can be voluminous and therefore unduly burdensome to a governmental body required to disclose such information under state public information law. C.S.H.B. 1861 seeks to reduce this burden by excepting certain information related to a computer security incident from the public availability requirement of state public information law.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1861 amends the Government Code to include among the government information related to security or infrastructure issues for computers considered confidential and excepted from the public availability requirement of state public information law, with certain exceptions, information directly arising from a governmental body's routine efforts to prevent, detect, or investigate a computer security incident, including information contained in or derived from an information security log. The bill establishes that the confidentiality and exception provided by such provision does not apply to information related to a breach of system security as defined by the Identity Theft Enforcement and Protection Act.
C.S.H.B. 1861 requires certain state agencies to redact from certain contracts for the purchase of goods or services from a private vendor posted on the applicable agency's website information that is made confidential by, or excepted from required public disclosure, under statutory provisions relating to the confidentiality of government information related to security or infrastructure issues for computers as amended by the bill. The bill establishes that the availability of information so redacted in response to a request made under state public information law is governed by such law.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1861 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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