85R20149 BEF-F

By: Elkins H.B. No. 1861

Substitute the following for H.B. No. 1861:

By: Capriglione C.S.H.B. No. 1861

A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of certain information related to a computer security incident.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.139, Government Code, is amended by amending Subsection (b) and adding Subsections (b-1) and (d) to read as follows:

(b) Except as provided by Subsection (b-1), the [The] following information is confidential:

(1) a computer network vulnerability report;

(2) any other assessment of the extent to which data processing operations, a computer, a computer program, network, system, or system interface, or software of a governmental body or of a contractor of a governmental body is vulnerable to unauthorized access or harm, including an assessment of the extent to which the governmental body's or contractor's electronically stored information containing sensitive or critical information is vulnerable to alteration, damage, erasure, or inappropriate use; [and]

(3) a photocopy or other copy of an identification badge issued to an official or employee of a governmental body; and

(4) 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.

(b-1) Subsection (b) does not apply to information related to a breach of system security as defined by Section 521.053, Business & Commerce Code.

(d) A state agency shall redact from a contract posted on the agency's Internet website under Section 2261.253 information that is made confidential by, or excepted from required public disclosure under, this section. The availability of information redacted as provided by this subsection in response to a request made under this chapter is governed by this chapter.

SECTION 2. Section 552.139(b), Government Code, as amended by this Act, and Section 552.139(b-1), Government Code, as added by this Act, apply only to a request for public information received on or after the effective date of this Act. A request received before the effective date of this Act is governed by the law in effect when the request was received, and the former law is continued in effect for that purpose.

SECTION 3. 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, 2017.