Bill Text: TX HB3289 | 2023-2024 | 88th Legislature | Comm Sub

Texas House Bill 3289 (Prior Session Legislation)

Bill Title: Relating to prohibiting the use of certain social media applications and services on devices owned or leased by state agencies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-08 - Laid on the table subject to call [HB3289 Detail]

Download: Texas-2023-HB3289-Comm_Sub.html

	88R24128 JCG-D

	By: Anderson	H.B. No. 3289

	Substitute the following for H.B. No. 3289:

	By: Smithee	C.S.H.B. No. 3289



	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 state
	agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle B, Title 6, Government Code, is amended
	by adding Chapter 674 to read as follows:
	CHAPTER 674. USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES
	ON STATE AGENCY DEVICES PROHIBITED
	Sec. 674.001. DEFINITIONS. In this chapter:
	(1) "Prohibited application" means:
	(A) a social media application or service
	included on the list published by the Department of Information
	Resources under Section 674.005; or
	(B) a social media application or service
	specified by executive order of the governor under Section 674.004.
	(2) "State agency" 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; or
	(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.
	Sec. 674.002. PROHIBITION; MODEL POLICY. (a) Subject to
	Section 674.003, a state agency shall adopt a policy prohibiting
	the installation or use of a prohibited application on any device
	owned or leased by the state agency and requiring the removal of
	prohibited applications from those devices.
	(b) The Department of Information Resources and the
	Department of Public Safety shall jointly develop a model policy
	for state agencies to use in developing the policy required by
	Subsection (a).
	Sec. 674.003. EXCEPTIONS; MITIGATING MEASURES. (a) A
	policy adopted under Section 674.002 may include an exception
	allowing the installation and use of a prohibited application to
	the extent necessary:
	(1) for providing law enforcement;
	(2) for developing or implementing information
	security measures; or
	(3) to allow other legitimate governmental uses as
	jointly determined by the Department of Information Resources and
	the Department of Public Safety.
	(b) A policy allowing the installation and use of a
	prohibited application under Subsection (a) must require:
	(1) the use of measures to mitigate risks to the
	security of state agency information during the use of the
	prohibited application; and
	(2) the documentation of those measures.
	(c) The administrative head of a state agency must approve
	in writing the installation and use of a prohibited application
	under an exception described by Subsection (a) by employees of the
	state agency and report the approval to the Department of
	Information Resources.
	Sec. 674.004. APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER.
	The governor by executive order may identify social media
	applications or services that pose a threat to the security of the
	state's sensitive information, critical infrastructure, or both.
	Sec. 674.005. APPLICATION IDENTIFIED BY DEPARTMENT OF
	INFORMATION RESOURCES AND DEPARTMENT OF PUBLIC SAFETY. (a) The
	Department of Information Resources and the Department of Public
	Safety, in consultation with the office of the governor, shall
	jointly identify social media applications or services that pose a
	threat to the security of the state's sensitive information,
	critical infrastructure, or both.
	(b) The Department of Information Resources shall publish
	annually and maintain on the department's publicly accessible
	Internet website a list of the prohibited applications identified
	under Subsection (a).
	SECTION 2. Not later than the 60th day after the date the
	Department of Information Resources and the Department of Public
	Safety make available the model policy required by Section
	674.002(b), Government Code, as added by this Act, each state
	agency shall adopt the policy required by Section 674.002(a),
	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.