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A BILL TO BE ENTITLED
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AN ACT
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relating to matters concerning governmental entities, including |
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cybersecurity, governmental efficiencies, information resources, |
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and emergency planning. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.108(b), Education Code, is amended to |
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read as follows: |
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(b) At least once every three years, each school district or |
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public junior college district shall conduct a safety and security |
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audit of the district's facilities, including an information |
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technology cybersecurity assessment. To the extent possible, a |
|
district shall follow safety and security audit procedures |
|
developed by the Texas School Safety Center or a comparable public |
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or private entity. |
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SECTION 2. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.09092 to read as follows: |
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Sec. 61.09092. COORDINATION OF CYBERSECURITY COURSEWORK |
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DEVELOPMENT. (a) In this section, "lower-division institution of |
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higher education" means a public junior college, public state |
|
college, or public technical institute. |
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(b) The board, in consultation with the Department of |
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Information Resources, shall coordinate with lower-division |
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institutions of higher education and entities that administer or |
|
award postsecondary industry certifications or other workforce |
|
credentials in cybersecurity to develop certificate programs or |
|
other courses of instruction leading toward those certifications or |
|
credentials that may be offered by lower-division institutions of |
|
higher education. |
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(c) The board may adopt rules as necessary for the |
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administration of this section. |
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SECTION 3. Subchapter F, Chapter 401, Government Code, is |
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amended by adding Section 401.106 to read as follows: |
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Sec. 401.106. CHIEF INNOVATION OFFICER. (a) The governor |
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shall appoint a chief innovation officer. |
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(b) The chief innovation officer shall: |
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(1) develop procedures and processes to improve |
|
internal state government efficiency and performance; |
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(2) develop methods to improve the experience of |
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residents, businesses, and local governments in interacting with |
|
state government; |
|
(3) in cooperation with the Department of Information |
|
Resources, increase the use of technology by state agencies to |
|
improve services provided by the agencies and to reduce state |
|
expenses and inefficiencies; |
|
(4) provide state agency personnel with training in |
|
skills that support innovation; |
|
(5) provide state agency managers with training to |
|
support innovation and encourage creative thinking; and |
|
(6) develop and apply measures to document |
|
improvements in state government innovation and in employee skills |
|
that support innovation. |
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(c) In performing the duties required under Subsection (b), |
|
the chief innovation officer shall: |
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(1) use strategic innovation; |
|
(2) promote open innovation; |
|
(3) introduce and use group tools and processes that |
|
encourage creative thinking; and |
|
(4) conduct market research to determine the best |
|
practices for increasing innovation and implement those best |
|
practices. |
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SECTION 4. Section 418.004(1), Government Code, is amended |
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to read as follows: |
|
(1) "Disaster" means the occurrence or imminent threat |
|
of widespread or severe damage, injury, or loss of life or property |
|
resulting from any natural or man-made cause, including fire, |
|
flood, earthquake, wind, storm, wave action, oil spill or other |
|
water contamination, volcanic activity, epidemic, air |
|
contamination, blight, drought, infestation, explosion, riot, |
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hostile military or paramilitary action, extreme heat, cyber |
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attack, other public calamity requiring emergency action, or energy |
|
emergency. |
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SECTION 5. Subchapter B, Chapter 421, Government Code, is |
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amended by adding Section 421.027 to read as follows: |
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Sec. 421.027. CYBER INCIDENT STUDY AND RESPONSE PLAN. (a) |
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In this section: |
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(1) "Cyber incident" means an event occurring on or |
|
conducted through a computer network that actually or imminently |
|
jeopardizes the integrity, confidentiality, or availability of |
|
computers, information or communications systems or networks, |
|
physical or virtual infrastructure controlled by computers or |
|
information systems, or information on the computers or systems. |
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The term includes a vulnerability in implementation or in an |
|
information system, system security procedure, or internal control |
|
that could be exploited by a threat source. |
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(2) "Significant cyber incident" means a cyber |
|
incident, or a group of related cyber incidents, likely to result in |
|
demonstrable harm to state security interests, foreign relations, |
|
or the economy of this state or to the public confidence, civil |
|
liberties, or public health and safety of the residents of this |
|
state. |
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(b) The council, in cooperation with the Department of |
|
Information Resources, shall: |
|
(1) conduct a study regarding cyber incidents and |
|
significant cyber incidents affecting state agencies and critical |
|
infrastructure that is owned, operated, or controlled by agencies; |
|
and |
|
(2) develop a comprehensive state response plan to |
|
provide a format for each state agency to develop an |
|
agency-specific response plan and to implement the plan into the |
|
agency's information security plan required under Section 2054.133 |
|
to be implemented by the agency in the event of a cyber incident or |
|
significant cyber incident affecting the agency or critical |
|
infrastructure that is owned, operated, or controlled by the |
|
agency. |
|
(c) Not later than September 1, 2020, the council shall |
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deliver the response plan and a report on the findings of the study |
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to: |
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(1) the public safety director of the Department of |
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Public Safety; |
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(2) the governor; |
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(3) the lieutenant governor; |
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(4) the speaker of the house of representatives; |
|
(5) the chair of the committee of the senate having |
|
primary jurisdiction over homeland security matters; and |
|
(6) the chair of the committee of the house of |
|
representatives having primary jurisdiction over homeland security |
|
matters. |
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(d) The response plan required by Subsection (b) and the |
|
report required by Subsection (c) are not public information for |
|
purposes of Chapter 552. |
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(e) This section expires December 1, 2020. |
|
SECTION 6. Subchapter F, Chapter 437, Government Code, is |
|
amended by adding Section 437.255 to read as follows: |
|
Sec. 437.255. ASSISTING TEXAS STATE GUARD WITH CYBER |
|
OPERATIONS. To serve the state and safeguard the public from |
|
malicious cyber activity, the governor may command the Texas |
|
National Guard to assist the Texas State Guard with defending the |
|
state's cyber operations. |
|
SECTION 7. The heading to Section 656.047, Government Code, |
|
is amended to read as follows: |
|
Sec. 656.047. PAYMENT OF PROGRAM AND CERTIFICATION |
|
EXAMINATION EXPENSES. |
|
SECTION 8. Section 656.047, Government Code, is amended by |
|
adding Subsection (a-1) to read as follows: |
|
(a-1) A state agency may spend public funds as appropriate |
|
to reimburse a state agency employee or administrator who serves in |
|
an information technology, cybersecurity, or other cyber-related |
|
position for fees associated with industry-recognized |
|
certification examinations. |
|
SECTION 9. Section 2054.059, Government Code, is amended to |
|
read as follows: |
|
Sec. 2054.059. CYBERSECURITY. From available funds, the |
|
department shall: |
|
(1) establish and administer a clearinghouse for |
|
information relating to all aspects of protecting the cybersecurity |
|
of state agency information; |
|
(2) develop strategies and a framework for: |
|
(A) the securing of cyberinfrastructure by state |
|
agencies, including critical infrastructure; and |
|
(B) cybersecurity risk assessment and mitigation |
|
planning; |
|
(3) develop and provide training to state agencies, |
|
including training for new employees of state agencies, on |
|
cybersecurity measures and awareness; |
|
(4) provide assistance to state agencies on request |
|
regarding the strategies and framework developed under Subdivision |
|
(2); and |
|
(5) promote public awareness of cybersecurity issues. |
|
SECTION 10. Subchapter C, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.069 to read as follows: |
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Sec. 2054.069. SECURITY STANDARDS FOR INTERNET |
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CONNECTIVITY OF CERTAIN OBJECTS. (a) The department, in |
|
consultation with representatives of the information technology |
|
industry and voluntary standards organizations, shall develop a |
|
comprehensive set of risk-based security standards for the Internet |
|
connectivity of computing devices embedded in objects used or |
|
purchased by state agencies. |
|
(b) In developing the standards under Subsection (a), the |
|
department shall identify existing security standards and best |
|
practices and any known security gaps for a range of deployments, |
|
including critical systems and consumer usage. |
|
SECTION 11. Subchapter F, Chapter 2054, Government Code, is |
|
amended by adding Sections 2054.137, 2054.138, and 2054.139 to read |
|
as follows: |
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Sec. 2054.137. INFORMATION SECURITY CONTINUOUS MONITORING |
|
PROGRAM. (a) In this section: |
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(1) "Common control" means a security control that is |
|
inherited by one or more information resources technologies. |
|
(2) "Program" means the information security |
|
continuous monitoring program described by this section. |
|
(b) Each state agency shall: |
|
(1) develop and maintain an information security |
|
continuous monitoring program that: |
|
(A) allows the agency to maintain ongoing |
|
awareness of the security and vulnerabilities of and threats to the |
|
agency's information resources; |
|
(B) provides a clear understanding of |
|
organizational risk and helps the agency set priorities and manage |
|
the risk consistently; |
|
(C) addresses how the agency conducts ongoing |
|
authorizations of information resources technologies and the |
|
environments in which those technologies operate, including the |
|
agency's use of common controls; |
|
(D) aligns with the continuous monitoring |
|
guidance, cybersecurity framework, and risk management framework |
|
published in Special Publications 800-137 and 800-53 by the United |
|
States Department of Commerce National Institute of Standards and |
|
Technology; |
|
(E) addresses critical security controls, |
|
including hardware asset management, software asset management, |
|
configuration management, and vulnerability management; and |
|
(F) requires the integration of cybersecurity |
|
products; |
|
(2) establish a strategy and plan to implement a |
|
program for the agency; |
|
(3) to the extent practicable, establish information |
|
security continuous monitoring as an agency-wide solution and |
|
deploy enterprise information security continuous monitoring |
|
products and services; |
|
(4) submit specified security-related information to |
|
the dashboard established under Subsection (c)(3); |
|
(5) evaluate and upgrade information resources |
|
technologies and deploy new products, including agency and |
|
component information security continuous monitoring dashboards, |
|
as necessary to support information security continuous monitoring |
|
and the need to submit security-related information requested by |
|
the department; |
|
(6) require that external service providers hosting |
|
state information meet state information security requirements for |
|
information security continuous monitoring; and |
|
(7) ensure the agency has adequate staff with the |
|
necessary training to meet the objectives of the program. |
|
(c) The department shall: |
|
(1) oversee the implementation of this section by each |
|
state agency; |
|
(2) monitor and assist each state agency in |
|
implementation of a program and related strategies; and |
|
(3) establish a statewide dashboard for information |
|
security continuous monitoring that provides: |
|
(A) a government-wide view of information |
|
security continuous monitoring; and |
|
(B) technical specifications and guidance for |
|
state agencies on the requirements for submitting information for |
|
purposes of the dashboard. |
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Sec. 2054.138. CYBERSECURITY THREAT SIMULATION EXERCISES. |
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(a) In this section, "executive staff" means the management or |
|
senior level staff members of a state agency who directly report to |
|
the executive head of a state agency. |
|
(b) The executive head of a state agency and members of the |
|
executive staff may participate in cybersecurity threat simulation |
|
exercises with the agency's information resources technologies |
|
employees to test the cybersecurity capabilities of the agency. |
|
Sec. 2054.139. CYBERSECURITY TRAINING FOR NEW EMPLOYEES. |
|
Not later than the fifth business day after the date on which a new |
|
employee begins employment with a state agency, the employee shall |
|
complete the cybersecurity training developed by the department |
|
under Section 2054.059. |
|
SECTION 12. Section 2054.512(d), Government Code, is |
|
amended to read as follows: |
|
(d) The cybersecurity council shall: |
|
(1) consider the costs and benefits of establishing a |
|
computer emergency readiness team to address cyber attacks |
|
occurring in this state during routine and emergency situations; |
|
(2) establish criteria and priorities for addressing |
|
cybersecurity threats to critical state installations; |
|
(3) consolidate and synthesize best practices to |
|
assist state agencies in understanding and implementing |
|
cybersecurity measures that are most beneficial to this state; |
|
[and] |
|
(4) assess the knowledge, skills, and capabilities of |
|
the existing information technology and cybersecurity workforce to |
|
mitigate and respond to cyber threats and develop recommendations |
|
for addressing immediate workforce deficiencies and ensuring a |
|
long-term pool of qualified applicants; and |
|
(5) ensure all middle and high schools have knowledge |
|
of and access to: |
|
(A) free cybersecurity courses and curriculum |
|
approved by the Texas Education Agency; |
|
(B) state and regional information sharing and |
|
analysis centers; and |
|
(C) contracting benefits, including as provided |
|
by Section 2054.0565. |
|
SECTION 13. Subchapter N-1, Chapter 2054, Government Code, |
|
is amended by adding Sections 2054.5155, 2054.519, 2054.5191, and |
|
2054.5192 to read as follows: |
|
Sec. 2054.5155. INDEPENDENT RISK ASSESSMENT. (a) At least |
|
once every five years, in accordance with department rules, each |
|
state agency shall: |
|
(1) contract with an independent third party selected |
|
from a list provided by the department to conduct an independent |
|
risk assessment of the agency's exposure to security risks in the |
|
agency's information resources systems and to conduct tests to |
|
practice securing systems and notifying all affected parties in the |
|
event of a data breach; and |
|
(2) submit the results of the independent risk |
|
assessment to the department. |
|
(b) The department annually shall compile the results of the |
|
independent risk assessments conducted in the preceding year and |
|
prepare: |
|
(1) a public report on the general security issues |
|
covered by the assessments that does not contain any information |
|
the release of which may compromise any state agency's information |
|
resources system; and |
|
(2) a confidential report on specific risks and |
|
vulnerabilities that is exempt from disclosure under Chapter 552. |
|
(c) The department annually shall submit to the legislature |
|
a comprehensive report on the results of the independent risk |
|
assessments conducted under Subsection (a) during the preceding |
|
year that includes the report prepared under Subsection (b)(1) and |
|
that identifies systematic or pervasive security risk |
|
vulnerabilities across state agencies and recommendations for |
|
addressing the vulnerabilities but does not contain any information |
|
the release of which may compromise any state agency's information |
|
resources system. |
|
Sec. 2054.519. VENDOR RESPONSIBILITY FOR CYBERSECURITY. A |
|
vendor that contracts with this state to provide information |
|
resources technology for a state agency at a cost to the agency of |
|
$1 million or more is responsible for addressing known |
|
cybersecurity risks associated with the technology and is |
|
responsible for any cost associated with addressing the identified |
|
cybersecurity risks. For a major information resources project, |
|
the vendor shall provide to state agency contracting personnel: |
|
(1) written acknowledgment of any known cybersecurity |
|
risks associated with the technology identified in the test |
|
conducted under Section 2054.516 or 2054.517; |
|
(2) proof that any individual servicing the contract |
|
holds the appropriate industry-recognized certifications as |
|
identified by the National Initiative for Cybersecurity Education; |
|
(3) a strategy for mitigating any technology or |
|
personnel-related cybersecurity risk identified in the test |
|
conducted under Section 2054.516 or 2054.517; and |
|
(4) an initial summary of any costs associated with |
|
addressing or remediating the identified technology or |
|
personnel-related cybersecurity risks as identified in |
|
collaboration with this state following a risk assessment. |
|
Sec. 2054.5191. CYBERSTAR PROGRAM; CERTIFICATE OF |
|
APPROVAL. (a) The state cybersecurity coordinator, in |
|
collaboration with the cybersecurity council and public and private |
|
entities in this state, shall develop best practices for |
|
cybersecurity that include: |
|
(1) measureable responsibilities, capacities, and |
|
policies for public and private entities to adopt to prepare for and |
|
respond to cyber incidents that compromise the confidentiality, |
|
integrity, and availability of the entities' information systems; |
|
(2) minimum training requirements and information for |
|
employees or other individuals who are most responsible for |
|
maintaining security of the entities' information systems; |
|
(3) compliance with: |
|
(A) for a municipality or county, the multihazard |
|
emergency operations plan and the safety and security audit |
|
required under Section 364.0101, Local Government Code; and |
|
(B) the National Institute of Standards and |
|
Technology standards for cybersecurity; |
|
(4) public service announcements to encourage |
|
cybersecurity awareness; and |
|
(5) coordination with local and state governmental |
|
entities. |
|
(b) The state cybersecurity coordinator shall establish a |
|
cyberstar certificate program to recognize public and private |
|
entities that implement the best practices for cybersecurity |
|
developed in accordance with Subsection (a). The program must |
|
allow a public or private entity to submit to the department a form |
|
certifying that the entity has complied with the best practices and |
|
the department to issue a certificate of approval to the entity. |
|
The entity may include the certificate of approval in |
|
advertisements and other public communications. |
|
(c) The state cybersecurity coordinator shall conduct an |
|
annual public event to promote best practices for cybersecurity. |
|
Sec. 2054.5192. ENCRYPTED SECURE LAYER SERVICES REQUIRED. |
|
Each state agency that maintains a publicly accessible Internet |
|
website that requires the submission of sensitive personally |
|
identifiable information shall use an encrypted secure |
|
communication protocol, including a secure hypertext transfer |
|
protocol. |
|
SECTION 14. Chapter 2054, Government Code, is amended by |
|
adding Subchapter R to read as follows: |
|
SUBCHAPTER R. INFORMATION RESOURCES OF GOVERNMENTAL ENTITIES |
|
Sec. 2054.601. USE OF NEXT GENERATION TECHNOLOGY. Each |
|
state agency and local government shall, in the administration of |
|
the agency or local government, consider using next generation |
|
technologies, including cryptocurrency, blockchain technology, and |
|
artificial intelligence. |
|
Sec. 2054.602. LIABILITY EXEMPTION. A person who discloses |
|
to a state agency or other governmental entity information |
|
regarding a potential security issue with respect to the agency's |
|
or entity's information resources technologies is not liable for |
|
any civil damages resulting from disclosing the information unless |
|
the person stole, retained, or sold any data obtained as a result of |
|
the security issue. |
|
Sec. 2054.603. MATCHING GRANTS FOR LOCAL CYBERSECURITY |
|
PROJECTS. (a) In this section, "local governmental entity" means a |
|
political subdivision of the state, including a: |
|
(1) county; |
|
(2) municipality; |
|
(3) public school district; or |
|
(4) special-purpose district or authority. |
|
(b) Using available funds, the governor shall establish and |
|
administer a cybersecurity matching grant program to award grants |
|
to local governmental entities to defray the costs of cybersecurity |
|
projects. |
|
(c) A local governmental entity that applies to the office |
|
of the governor for a matching grant under this section must |
|
identify the source and amount of the local governmental entity's |
|
matching funds. If the office approves a grant application, the |
|
office shall award to the local governmental entity a grant amount |
|
equal to 150 percent of the amount committed by the entity. |
|
(d) The office may set a deadline for grant applications for |
|
each state fiscal year. |
|
(e) The governor shall adopt rules to implement the grant |
|
program created under this section. |
|
Sec. 2054.604. CYBERSECURITY THREAT ASSESSMENT. The |
|
department shall develop a cybersecurity threat assessment for |
|
local governments that provides best practices for preventing |
|
cybersecurity attacks. |
|
Sec. 2054.605. REPOSITORY FOR CYBERSECURITY EDUCATION AND |
|
TRAINING. The department, in conjunction with institutions of |
|
higher education as defined by Section 61.003, Education Code, |
|
shall maintain and promote a centralized repository of information |
|
on cybersecurity education and training that is available to any |
|
governmental entity in this state. |
|
SECTION 15. Subchapter B, Chapter 2155, Government Code, is |
|
amended by adding Section 2155.092 to read as follows: |
|
Sec. 2155.092. VENDOR CERTIFICATION FOR CERTAIN GOODS. (a) |
|
This section does not apply to a good provided as part of a major |
|
information resources project as defined by Section 2054.003. |
|
(b) A vendor offering to sell to the state a good embedded |
|
with a computing device capable of Internet connectivity must |
|
include with each bid, offer, proposal, or other expression of |
|
interest a written certification providing that the good does not |
|
contain, at the time of submitting the bid, offer, proposal, or |
|
expression of interest, a hardware, software, or firmware component |
|
with any known security vulnerability or defect. |
|
SECTION 16. The heading to Section 2157.007, Government |
|
Code, is amended to read as follows: |
|
Sec. 2157.007. [CONSIDERATION OF] CLOUD COMPUTING SERVICE |
|
[PURCHASE]. |
|
SECTION 17. Section 2157.007, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (f) to read as |
|
follows: |
|
(b) A state agency shall ensure [consider cloud computing
|
|
service options, including any security benefits and cost savings
|
|
associated with purchasing those service options from a cloud
|
|
computing service provider and from a statewide technology center
|
|
established by the department], when making purchases for an |
|
automated information system or a major information resources |
|
project under Section 2054.118, that the system or project is |
|
capable of being deployed and run on cloud computing services. |
|
(f) The department shall periodically review guidelines on |
|
state agency information that may be stored by a cloud computing or |
|
other storage service and the cloud computing or other storage |
|
services available to state agencies for that storage to ensure |
|
that an agency purchasing a major information resources project |
|
under Section 2054.118 selects the most affordable, secure, and |
|
efficient cloud computing or other storage service available to the |
|
agency. The guidelines must include appropriate privacy and |
|
security standards that, at a minimum, require a vendor who offers |
|
cloud computing or other storage services or other software, |
|
applications, online services, or information technology solutions |
|
to any state agency to demonstrate that data provided by the state |
|
to the vendor will be maintained in compliance with all applicable |
|
state and federal laws and rules. |
|
SECTION 18. Section 205.010(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) A local government that owns, licenses, or maintains |
|
computerized data that includes sensitive personal information |
|
shall comply, in the event of a breach of system security, with the |
|
notification requirements of: |
|
(1) Section 364.0053; |
|
(2) Section 364.0102; and |
|
(3) Section 521.053, Business & Commerce Code, to the |
|
same extent as a person who conducts business in this state. |
|
SECTION 19. Subtitle C, Title 11, Local Government Code, is |
|
amended by adding Chapter 364 to read as follows: |
|
CHAPTER 364. LOCAL GOVERNMENT CYBERSECURITY AND EMERGENCY PLANNING |
|
AND RESPONSE |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 364.0001. DEFINITIONS. In this chapter: |
|
(1) "Breach of system security" has the meaning |
|
assigned by Section 521.053, Business & Commerce Code. |
|
(2) "Cybersecurity coordinator" means the state |
|
cybersecurity coordinator designated under Section 2054.511, |
|
Government Code. |
|
(3) "Cybersecurity council" means the council |
|
established by the cybersecurity coordinator under Section |
|
2054.512, Government Code. |
|
(4) "Sensitive personal information" has the meaning |
|
assigned by Section 521.002, Business & Commerce Code. |
|
SUBCHAPTER B. REGIONAL INFORMATION SHARING AND ANALYSIS CENTERS |
|
Sec. 364.0051. ESTABLISHMENT. (a) The cybersecurity |
|
coordinator shall provide for the establishment and operation of |
|
not more than 20 regional information sharing and analysis centers. |
|
(b) Regional information sharing and analysis centers shall |
|
be located throughout the state so that the boundaries for each |
|
center are coextensive with the regional education service centers |
|
established under Chapter 8, Education Code. |
|
Sec. 364.0052. MEMBERSHIP. Each municipality with a |
|
population of more than 25,000 shall join the regional information |
|
sharing and analysis center in which the municipality is |
|
predominantly located. Any other political subdivision may join |
|
the regional information sharing and analysis center in which the |
|
political subdivision is predominantly located. |
|
Sec. 364.0053. SECURITY BREACH NOTIFICATION. (a) Not |
|
later than 48 hours after a political subdivision discovers a |
|
breach or suspected breach of system security or an unauthorized |
|
exposure of sensitive personal information, the political |
|
subdivision shall notify the regional information sharing and |
|
analysis center of the breach. The notification must describe the |
|
breach, suspected breach, or unauthorized exposure. |
|
(b) A regional information sharing and analysis center |
|
shall report to the Department of Information Resources any breach |
|
of system security reported by a political subdivision in which the |
|
person responsible for the breach: |
|
(1) obtained or modified specific critical or |
|
sensitive personal information; |
|
(2) established access to the political subdivision's |
|
information systems or infrastructure; or |
|
(3) undermined, severely disrupted, or destroyed a |
|
core service, program, or function of the political subdivision, or |
|
placed the person in a position to do so in the future. |
|
Sec. 364.0054. RULEMAKING. The cybersecurity coordinator |
|
may adopt rules necessary to implement this subchapter. |
|
SUBCHAPTER C. EMERGENCY PLANNING AND RESPONSE |
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Sec. 364.0101. MULTIHAZARD EMERGENCY OPERATIONS PLAN; |
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SAFETY AND SECURITY AUDIT. (a) This section applies to a |
|
municipality or county with a population of more than 100,000. |
|
(b) Each municipality and county shall adopt and implement a |
|
multihazard emergency operations plan for use in the municipality's |
|
and county's facilities. The plan must address mitigation, |
|
preparedness, response, and recovery as determined by the |
|
cybersecurity council and the governor's office of homeland |
|
security. The plan must provide for: |
|
(1) municipal or county employee training in |
|
responding to an emergency; |
|
(2) measures to ensure coordination with the |
|
Department of State Health Services, Department of Information |
|
Resources, local emergency management agencies, law enforcement |
|
agencies, local health departments, and fire departments in the |
|
event of an emergency; and |
|
(3) the implementation of a safety and security audit |
|
as required by Subsection (c). |
|
(c) At least once every three years, each municipality and |
|
county shall conduct a safety and security audit of the |
|
municipality's or county's information technology infrastructure. |
|
To the extent possible, a municipality or county shall follow |
|
safety and security audit procedures developed by the cybersecurity |
|
council or a comparable public or private entity. |
|
(d) A municipality or county shall report the results of the |
|
safety and security audit conducted under Subsection (c): |
|
(1) to the municipality's or county's governing body; |
|
and |
|
(2) in the manner required by the cybersecurity |
|
council, to the cybersecurity council. |
|
(e) Except as provided by Subsection (f), any document or |
|
information collected, developed, or produced during a safety and |
|
security audit conducted under Subsection (c) is not subject to |
|
disclosure under Chapter 552, Government Code. |
|
(f) A document relating to a municipality's or county's |
|
multihazard emergency operations plan is subject to disclosure if |
|
the document enables a person to: |
|
(1) verify that the municipality or county has |
|
established a plan and determine the agencies involved in the |
|
development of the plan and the agencies coordinating with the |
|
municipality or county to respond to an emergency; |
|
(2) verify that the municipality's or county's plan |
|
was reviewed within the last 12 months and determine the specific |
|
review dates; |
|
(3) verify that the plan addresses the phases of |
|
emergency management under Subsection (b); |
|
(4) verify that municipal or county employees have |
|
been trained to respond to an emergency and determine the types of |
|
training, the number of employees trained, and the person |
|
conducting the training; |
|
(5) verify that the municipality or county has |
|
completed a safety and security audit under Subsection (c) and |
|
determine the date the audit was conducted, the person conducting |
|
the audit, and the date the municipality or county presented the |
|
results of the audit to the municipality's or county's governing |
|
body; and |
|
(6) verify that the municipality or county has |
|
addressed any recommendations by the municipality's or county's |
|
governing body for improvement of the plan and determine the |
|
municipality's or county's progress within the last 12 months. |
|
Sec. 364.0102. RANSOMWARE PAYMENT. (a) In this section, |
|
"ransomware" has the meaning assigned by Section 33.023, Penal |
|
Code. |
|
(b) Not later than 48 hours after the time a political |
|
subdivision makes a ransomware payment, the political subdivision |
|
shall notify the cybersecurity coordinator of the payment. |
|
SECTION 20. Section 2054.513, Government Code, is repealed. |
|
SECTION 21. The Department of Information Resources shall |
|
conduct a study on the types of objects embedded with computing |
|
devices that are connected to the Internet that are purchased |
|
through the department. The Department of Information Resources |
|
shall submit a report on the study to the legislature not later than |
|
December 31, 2020. |
|
SECTION 22. (a) The lieutenant governor shall establish a |
|
Senate Select Committee on Cybersecurity and the speaker of the |
|
house of representatives shall establish a House Select Committee |
|
on Cybersecurity to, jointly or separately, study: |
|
(1) cybersecurity in this state; |
|
(2) the information security plans of each state |
|
agency; |
|
(3) the risks and vulnerabilities of state agency |
|
cybersecurity; and |
|
(4) information technology procurement. |
|
(b) Not later than November 30, 2019: |
|
(1) the lieutenant governor shall appoint five |
|
senators to the Senate Select Committee on Cybersecurity, one of |
|
whom shall be designated as chair; and |
|
(2) the speaker of the house of representatives shall |
|
appoint five state representatives to the House Select Committee on |
|
Cybersecurity, one of whom shall be designated as chair. |
|
(c) The committees established under this section shall |
|
convene separately at the call of the chair of the respective |
|
committees, or jointly at the call of both chairs. In joint |
|
meetings, the chairs of each committee shall act as joint chairs. |
|
(d) Following consideration of the issues listed in |
|
Subsection (a) of this section, the committees established under |
|
this section shall jointly adopt recommendations on state |
|
cybersecurity and report in writing to the legislature any findings |
|
and adopted recommendations not later than January 12, 2021. |
|
(e) This section expires September 1, 2021. |
|
SECTION 23. As soon as practicable after the effective date |
|
of this Act, the governor shall appoint a chief innovation officer |
|
as required by Section 401.106, Government Code, as added by this |
|
Act. |
|
SECTION 24. Section 2054.139, Government Code, as added by |
|
this Act, requiring a new employee of a state agency to complete |
|
cybersecurity training, applies only to an employee who begins |
|
employment on or after the effective date of this Act. |
|
SECTION 25. Section 2155.092, Government Code, as added by |
|
this Act, applies only in relation to a contract for which a state |
|
agency first advertises or otherwise solicits bids, offers, |
|
proposals, or other expressions of interest on or after the |
|
effective date of this Act. |
|
SECTION 26. Section 2157.007, Government Code, as amended |
|
by this Act, applies only with respect to a purchase made by a state |
|
agency on or after the effective date of this Act. A purchase made |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the purchase was made, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 27. This Act takes effect September 1, 2019. |