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AN ACT
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relating to state agency and local government security incident |
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procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2054.1125, Government Code, is |
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transferred to Subchapter R, Chapter 2054, Government Code, |
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redesignated as Section 2054.603, Government Code, and amended to |
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read as follows: |
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Sec. 2054.603 [2054.1125]. SECURITY INCIDENT [BREACH] |
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NOTIFICATION BY STATE AGENCY OR LOCAL GOVERNMENT. (a) In this |
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section: |
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(1) "Security incident" means: |
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(A) a breach or suspected breach ["Breach] of |
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system security as defined [security" has the meaning assigned] by |
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Section 521.053, Business & Commerce Code; and |
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(B) the introduction of ransomware, as defined by |
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Section 33.023, Penal Code, into a computer, computer network, or |
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computer system. |
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(2) "Sensitive personal information" has the meaning |
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assigned by Section 521.002, Business & Commerce Code. |
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(b) A state agency or local government that owns, licenses, |
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or maintains computerized data that includes sensitive personal |
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information, confidential information, or information the |
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disclosure of which is regulated by law shall, in the event of a |
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security incident [breach or suspected breach of system security or |
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an unauthorized exposure of that information]: |
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(1) comply with the notification requirements of |
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Section 521.053, Business & Commerce Code, to the same extent as a |
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person who conducts business in this state; [and] |
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(2) not later than 48 hours after the discovery of the |
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security incident [breach, suspected breach, or unauthorized |
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exposure], notify: |
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(A) the department, including the chief |
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information security officer; or |
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(B) if the security incident [breach, suspected |
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breach, or unauthorized exposure] involves election data, the |
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secretary of state; and |
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(3) comply with all department rules relating to |
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reporting security incidents as required by this section. |
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(c) Not later than the 10th business day after the date of |
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the eradication, closure, and recovery from a security incident |
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[breach, suspected breach, or unauthorized exposure], a state |
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agency or local government shall notify the department, including |
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the chief information security officer, of the details of the |
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security incident [event] and include in the notification an |
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analysis of the cause of the security incident [event]. |
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(d) This section does not apply to a security incident that |
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a local government is required to report to an independent |
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organization certified by the Public Utility Commission of Texas |
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under Section 39.151, Utilities Code. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 271 passed the Senate on |
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March 21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 271 passed the House on |
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May 6, 2023, by the following vote: Yeas 134, Nays 2, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |