Bill Text: TX HB3289 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
| 88R8146 JCG-D | ||
| By: Anderson | H.B. No. 3289 | |
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| 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) "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 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. Subject to Section 674.003, a | ||
| state agency shall adopt a policy prohibiting the installation or | ||
| use of a covered application on any device owned or leased by the | ||
| state agency and requiring the removal of covered applications from | ||
| those devices. | ||
| Sec. 674.003. EXCEPTIONS; MITIGATING MEASURES. (a) A | ||
| policy adopted under Section 674.002 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 state agency information during the use of the covered | ||
| application; and | ||
| (2) the documentation of those measures. | ||
| Sec. 674.004. 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 | ||
| state agency information as the service described by Section | ||
| 674.001(1)(A). | ||
| SECTION 2. Not later than the 60th day after the effective | ||
| date of this Act, each state agency shall adopt the policy required | ||
| by Chapter 674, 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. | ||
