|   | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                
			 | 
            
               AN ACT
             | 
         
         
            | 
                
			 | 
            relating to the purchase of cybersecurity insurance coverage by the  | 
         
         
            | 
                
			 | 
            Texas Department of Transportation. | 
         
         
            | 
                
			 | 
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
            | 
                
			 | 
                   SECTION 1.  Subchapter I, Chapter 201, Transportation Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 201.712 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 201.712.  PURCHASE OF CYBERSECURITY INSURANCE.  (a)  In  | 
         
         
            | 
                
			 | 
            this section, "cyber attack" means an attempt to gain illegal  | 
         
         
            | 
                
			 | 
            access to a computer or computer system for the purpose of causing  | 
         
         
            | 
                
			 | 
            damage, harm, or disruption. | 
         
         
            | 
                
			 | 
                   (b)  The department may purchase insurance coverage that the  | 
         
         
            | 
                
			 | 
            department considers necessary to protect against liability,  | 
         
         
            | 
                
			 | 
            revenue, and property losses that may result from a data breach or  | 
         
         
            | 
                
			 | 
            cyber attack. | 
         
         
            | 
                
			 | 
                   (c)  Insurance purchased under this section may include  | 
         
         
            | 
                
			 | 
            coverage for business and dependent business interruption loss,  | 
         
         
            | 
                
			 | 
            breach response, data recovery, cyber extortion or ransomware  | 
         
         
            | 
                
			 | 
            response, fiduciary liability, media liability, professional  | 
         
         
            | 
                
			 | 
            liability, or expenses for general incident management, such as  | 
         
         
            | 
                
			 | 
            investigation, remediation, and notification. | 
         
         
            | 
                
			 | 
                   SECTION 2.  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, 2021. | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
            ______________________________ | 
         
         
            |   | 
               President of the Senate | 
            Speaker of the House      | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I certify that H.B. No. 3390 was passed by the House on April  | 
         
         
            | 
                		
			 | 
            23, 2021, by the following vote:  Yeas 133, Nays 13, 2 present, not  | 
         
         
            | 
                		
			 | 
            voting. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________ | 
         
         
            | 
                		
			 | 
            Chief Clerk of the House    | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I certify that H.B. No. 3390 was passed by the Senate on May  | 
         
         
            | 
                		
			 | 
            12, 2021, by the following vote:  Yeas 30, Nays 0. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________ | 
         
         
            | 
                		
			 | 
            Secretary of the Senate     | 
         
         
            | 
                		
			 | 
            APPROVED:  _____________________ | 
         
         
            | 
                		
			 | 
                               Date           | 
         
         
            | 
                		
			 | 
              | 
         
         
            | 
                		
			 | 
                      _____________________ | 
         
         
            | 
                		
			 | 
                             Governor        |