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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties and oversight of the Department of Public |
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Safety's office of inspector general regarding the use of cyber |
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technology and activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.251, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The office of inspector general is responsible for: |
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(1) acting to prevent and detect serious breaches of |
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departmental policy, fraud, and abuse of office, including any acts |
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of criminal conduct within the department; [and] |
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(2) independently and objectively reviewing, |
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investigating, delegating, and overseeing the investigation of: |
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(A) conduct described in Subdivision (1); |
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(B) criminal activity occurring in all divisions |
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of the department; |
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(C) allegations of wrongdoing by department |
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employees; |
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(D) crimes committed on department property; and |
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(E) serious breaches of department policy[.]; |
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and |
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(3) independently and objectively reviewing, |
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investigating, and overseeing the Department's cyber activity and |
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use of cyber networks, operations, systems, and tools. |
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(c) For purposes of this subchapter, "cyber tools" include, |
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but are not limited to cyber networks, operations, systems, and any |
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hardware or software used to collect suspicious activity reports or |
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used by the Department for cyber activity in carrying out its |
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official duties. |
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SECTION 2. Section 411.253, Government Code, is amended to |
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read as follows: |
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The office of inspector general may only initiate an |
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investigation based on: |
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(1) authorization from the commission; |
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(2) approval of the inspector general or deputy |
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inspector general; |
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(3) approval of the director, a deputy director, an |
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assistant director of the Texas Rangers, or an assistant director |
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of the criminal investigations division for criminal |
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investigations; [or] |
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(4) commission rules or approved commission policies; |
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or |
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(5) authorization from the commission for an |
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investigation regarding the Department's use of cyber tools. |
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SECTION 3. Subchapter B-1, Chapter 411, Government Code, is |
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amended by adding Section 411.2531 to read as follows: |
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Section 411.2531. OVERSIGHT OF CYBER TOOLS. The office of |
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inspector general shall: |
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(a) continually monitor the Department's use of cyber tools |
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solely under the direction of the commission; and |
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(b) employ personnel with adequate education, training, and |
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experience in cyber activity, the use of cyber tools, and in privacy |
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and constitutional protections when using cyber tools. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |