By: Birdwell  S.B. No. 1893
         (In the Senate - Filed March 8, 2023; March 20, 2023, read
  first time and referred to Committee on State Affairs;
  April 13, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; April 13, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1893 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prohibiting the use of certain social media
  applications and services on devices owned or leased by
  governmental entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Government Code, is amended
  by adding Chapter 620 to read as follows:
  CHAPTER 620.  USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES
  ON GOVERNMENTAL ENTITY DEVICES PROHIBITED
         Sec. 620.001.  DEFINITIONS. In this chapter:
               (1)  "Covered application" means:
                     (A)  the social media service TikTok or any
  successor application or service developed or provided by ByteDance
  Limited or an entity owned by ByteDance Limited; or
                     (B)  a social media application or service
  specified by executive order of the governor under Section 620.005.
               (2)  "Governmental entity" means:
                     (A)  a department, commission, board, office, or
  other agency that is in the executive or legislative branch of state
  government and that was created by the constitution or a statute,
  including an institution of higher education as defined by Section
  61.003, Education Code;
                     (B)  the supreme court, the court of criminal
  appeals, a court of appeals, or the Texas Judicial Council or
  another agency in the judicial branch of state government; or
                     (C)  a political subdivision of this state,
  including a municipality, county, or special purpose district.
         Sec. 620.002.  DEFINING SECURITY RISK.  For purposes of this
  chapter, a social media application poses a risk to the security of
  governmental entity information if the application's service
  provider may be required by a foreign government, or an entity
  associated with a foreign government, to provide confidential or
  private personal information collected by the service provider
  through the application to the foreign government or associated
  entity without substantial due process rights or similar legal
  protections.
         Sec. 620.003.  PROHIBITION. Subject to Section 620.004, a
  governmental entity shall adopt a policy prohibiting the
  installation or use of a covered application on any device owned or
  leased by the governmental entity and requiring the removal of
  covered applications from those devices.
         Sec. 620.004.  EXCEPTIONS; MITIGATING MEASURES.  (a)  A
  policy adopted under Section 620.003 may provide for the
  installation and use of a covered application to the extent
  necessary for:
               (1)  providing law enforcement; or
               (2)  developing or implementing information security
  measures.
         (b)  A policy allowing the installation and use of a covered
  application under Subsection (a) must require:
               (1)  the use of measures to mitigate risks to the
  security of governmental entity information during the use of the
  covered application; and
               (2)  the documentation of those measures.
         Sec. 620.005.  APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER.
  The governor by executive order may identify social media
  applications or services that pose a similar risk to the security of
  governmental entity information as the service described by Section
  620.001(1)(A).
         SECTION 2.  Not later than the 60th day after the effective
  date of this Act, each governmental entity shall adopt the policy
  required by Chapter 620, Government Code, as added by this Act.
         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, 2023.
 
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