Bill Text: TX SB1893 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to prohibiting the use of certain social media applications and services on devices owned or leased by governmental entities.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2023-06-14 - Effective immediately [SB1893 Detail]
Download: Texas-2023-SB1893-Enrolled.html
S.B. No. 1893 |
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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 proclamation 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, a district court, 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 TO THIS STATE. For | ||
purposes of this chapter, a social media application or service | ||
poses a risk to this state if: | ||
(1) the provider of the application or service 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 provider through the application or | ||
service to the foreign government or associated entity without | ||
substantial due process rights or similar legal protections; or | ||
(2) the application or service poses a similar risk to | ||
the security of this state's sensitive information, critical | ||
infrastructure, or both, as an application or service described by | ||
Section 620.001(1)(A). | ||
Sec. 620.003. PROHIBITION; MODEL POLICY. (a) 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. | ||
(b) The Department of Information Resources and the | ||
Department of Public Safety shall jointly develop a model policy | ||
for governmental entities to use in developing the policy required | ||
by Subsection (a). | ||
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 posed to this | ||
state during the use of the covered application; and | ||
(2) the documentation of those measures. | ||
Sec. 620.005. APPLICATIONS IDENTIFIED BY GOVERNOR'S | ||
PROCLAMATION. The governor by proclamation may identify social | ||
media applications or services that pose a risk to this state as | ||
described by Section 620.002. | ||
Sec. 620.006. APPLICATION IDENTIFIED BY DEPARTMENT OF | ||
INFORMATION RESOURCES AND DEPARTMENT OF PUBLIC SAFETY. (a) The | ||
Department of Information Resources and the Department of Public | ||
Safety shall jointly identify social media applications or services | ||
that pose a risk to this state as described by Section 620.002. | ||
(b) The Department of Information Resources shall: | ||
(1) annually submit a list of applications and | ||
services identified under Subsection (a) to the governor; | ||
(2) publish the list on the department's publicly | ||
accessible Internet website; and | ||
(3) periodically update the list on that website. | ||
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 | ||
620.003(b), Government Code, as added by this Act, each | ||
governmental entity shall adopt the policy required by Section | ||
620.003(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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1893 passed the Senate on | ||
April 18, 2023, by the following vote: Yeas 31, Nays 0; | ||
May 16, 2023, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 17, 2023, House | ||
granted request of the Senate; May 27, 2023, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1893 passed the House, with | ||
amendments, on May 9, 2023, by the following vote: Yeas 144, | ||
Nays 0, two present not voting; May 17, 2023, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 28, 2023, House adopted Conference Committee Report by the | ||
following vote: Yeas 139, Nays 2, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |