87S10701 MWC-F
 
  By: Shaheen H.B. No. 307
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state agency and local government security incident
  procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2054.1125, Government Code, is
  transferred to Subchapter R, Chapter 2054, Government Code,
  redesignated as Section 2054.603, Government Code, and amended to
  read as follows:
         Sec. 2054.603 [2054.1125].  SECURITY INCIDENT [BREACH]
  NOTIFICATION BY STATE AGENCY OR LOCAL GOVERNMENT. (a) In this
  section:
               (1)  "Security incident" means the unauthorized
  access, disclosure, exposure, modification, or destruction of
  sensitive personal information, confidential information, or other
  information the disclosure of which is regulated by law, including:
                     (A)  a breach ["Breach] of system security as
  defined [security" has the meaning assigned] by Section 521.053,
  Business & Commerce Code; and
                     (B)  ransomware as defined by Section 33.023,
  Penal Code.
               (2)  "Sensitive personal information" has the meaning
  assigned by Section 521.002, Business & Commerce Code.
         (b)  A state agency or local government that owns, licenses,
  or maintains computerized data that includes sensitive personal
  information, confidential information, or information the
  disclosure of which is regulated by law shall, in the event of a
  security incident [breach or suspected breach of system security or
  an unauthorized exposure of that information]:
               (1)  comply with the notification requirements of
  Section 521.053, Business & Commerce Code, to the same extent as a
  person who conducts business in this state; [and]
               (2)  not later than 72 [48] hours after the discovery of
  the security incident [breach, suspected breach, or unauthorized
  exposure], notify:
                     (A)  the department, including the chief
  information security officer, and the Texas Division of Emergency
  Management; or
                     (B)  if the security incident [breach, suspected
  breach, or unauthorized exposure] involves election data, the
  secretary of state; and
               (3)  comply with all department rules relating to
  security incidents.
         (c)  Not later than the 10th business day after the date of
  the eradication, closure, and recovery from a security incident
  [breach, suspected breach, or unauthorized exposure], a state
  agency or local government shall notify the department, including
  the chief information security officer, and the Texas Division of
  Emergency Management of the details of the security incident
  [event] and include in the notification an analysis of the cause of
  the security incident [event].
         (d)  The department shall make available to state agencies
  and local governments a secure method for submitting the security
  incident information required by this section.  All information
  provided under this section is confidential and is not subject to
  disclosure under Chapter 552.
         SECTION 2.  This Act takes effect December 1, 2021.