Bill Text: TX HB1421 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to cybersecurity of voter registration lists and other election-related documents, systems, and technology.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1421 Detail]

Download: Texas-2019-HB1421-Engrossed.html
  86R19459 ADM-D
 
  By: Israel, Capriglione, Minjarez, Cain H.B. No. 1421
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to cybersecurity of voter registration lists and other
  election-related documents, systems, and technology.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 16, Election Code, is amended by adding
  Chapter 279 to read as follows:
  CHAPTER 279. CYBERSECURITY OF ELECTION SYSTEMS
         Sec. 279.001.  DEFINITIONS. In this chapter:
               (1)  "County election officer" means an individual
  employed by a county as an elections administrator, voter
  registrar, county clerk, or other officer with responsibilities
  relating to the administration of elections.
               (2)  "Election data" means information that is created
  or managed in the operation of an election system.
               (3)  "Election system" means a voting system and the
  technology used to support the conduct of an election, including
  the election data processed or produced in the course of conducting
  an election, such as voter registration information, ballot
  information, collected and tabulated votes, election management
  processes and procedures, and other election-related documents and
  election data.
         Sec. 279.002.  ELECTION CYBERSECURITY: SECRETARY OF STATE.
  (a) The secretary of state shall adopt rules defining classes of
  protected election data and establishing best practices for
  identifying and reducing risk to the electronic use, storage, and
  transmission of election data and the security of election systems.
         (b)  The secretary of state shall offer training on best
  practices:
               (1)  on an annual basis, to all appropriate personnel
  in the secretary of state's office; and
               (2)  on request, to county election officers in this
  state.
         (c)  If the secretary of state becomes aware of a breach of
  cybersecurity that impacts election data, the secretary shall
  immediately notify the members of the standing committees of each
  house of the legislature with jurisdiction over elections.
         Sec. 279.003.  ELECTION CYBERSECURITY: COUNTY ELECTION
  OFFICERS. (a) A county election officer shall request training on
  cybersecurity:
               (1)  from the secretary of state; and
               (2)  on an annual basis from another provider of
  cybersecurity training, if the county election officer has
  available state funds for that purpose.
         (b)  A county election officer shall request an assessment of
  the cybersecurity of the county's election system from a provider
  of cybersecurity assessments if the secretary of state recommends
  an assessment and the necessary funds are available.
         (c)  If a county election officer becomes aware of a breach
  of cybersecurity that impacts election data, the officer shall
  immediately notify the secretary of state.
         (d)  To the extent that state funds are available for the
  purpose, a county election officer shall implement cybersecurity
  measures to ensure that all devices with access to election data
  comply to the highest extent possible with rules adopted by the
  secretary of state under Section 279.002.
         SECTION 2.  This Act takes effect September 1, 2019.
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