Bill Text: TX HB1118 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to state agency and local government compliance with cybersecurity training requirements.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2021-05-18 - Effective immediately [HB1118 Detail]

Download: Texas-2021-HB1118-Enrolled.html

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H.B. No. 1118

AN ACT
relating to state agency and local government compliance with
cybersecurity training requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 772, Government Code, is
amended by adding Section 772.012 to read as follows:
Sec. 772.012. COMPLIANCE WITH CYBERSECURITY TRAINING
REQUIREMENTS. (a) In this section, "local government" has the
meaning assigned by Section 2054.003.
(b) To apply for a grant under this chapter, a local
government must submit with the grant application a written
certification of the local government's compliance with the
cybersecurity training required by Section 2054.5191.
(c) On a determination by the criminal justice division
established under Section 772.006 that a local government awarded a
grant under this chapter has not complied with the cybersecurity
training required by Section 2054.5191, the local government shall
pay to this state an amount equal to the amount of the grant award.
A local government that is the subject of a determination described
by this subsection is ineligible for another grant under this
chapter until the second anniversary of the date the local
government is determined ineligible.
SECTION 2. The heading to Section 2054.5191, Government
Code, is amended to read as follows:
Sec. 2054.5191. CYBERSECURITY TRAINING REQUIRED: CERTAIN
EMPLOYEES AND OFFICIALS.
SECTION 3. Section 2054.5191, Government Code, is amended
by amending Subsections (a-1) and (b) and adding Subsections (a-2),
(e), and (f) to read as follows:
(a-1) At least once each year, a local government shall:
(1) identify local government employees and elected
and appointed officials who have access to a local government
computer system or database and use a computer to perform at least
25 percent of the employee's or official's required duties; and
(2) require the [those] employees and [elected]
officials identified under Subdivision (1) [of the local
government] to complete a cybersecurity training program certified
under Section 2054.519 [or offered under Section 2054.519(f)].
(a-2) The governing body of a local government or the
governing body's designee may deny access to the local government's
computer system or database to an individual described by
Subsection (a-1)(1) who the governing body or the governing body's
designee determines is noncompliant with the requirements of
Subsection (a-1)(2).
(b) The governing body of a local government may select the
most appropriate cybersecurity training program certified under
Section 2054.519 [or offered under Section 2054.519(f)] for
employees and officials of the local government to complete. The
governing body shall:
(1) verify and report on the completion of a
cybersecurity training program by employees and officials of the
local government to the department; and
(2) require periodic audits to ensure compliance with
this section.
(e) The department shall develop a form for use by state
agencies and local governments in verifying completion of
cybersecurity training program requirements under this section.
The form must allow the state agency and local government to
indicate the percentage of employee completion.
(f) The requirements of Subsections (a) and (a-1) do not
apply to employees and officials who have been:
(1) granted military leave;
(2) granted leave under the federal Family and Medical
Leave Act of 1993 (29 U.S.C. Section 2601 et seq.);
(3) granted leave related to a sickness or disability
covered by workers' compensation benefits, if that employee no
longer has access to the state agency's or local government's
database and systems;
(4) granted any other type of extended leave or
authorization to work from an alternative work site if that
employee no longer has access to the state agency's or local
government's database and systems; or
(5) denied access to a local government's computer
system or database by the governing body of the local government or
the governing body's designee under Subsection (a-2) for
noncompliance with the requirements of Subsection (a-1)(2).
SECTION 4. Section 2056.002(b), Government Code, is amended
to read as follows:
(b) The Legislative Budget Board and the governor's office
shall determine the elements required to be included in each
agency's strategic plan. Unless modified by the Legislative Budget
Board and the governor's office, and except as provided by
Subsection (c), a plan must include:
(1) a statement of the mission and goals of the state
agency;
(2) a description of the indicators developed under
this chapter and used to measure the output and outcome of the
agency;
(3) identification of the groups of people served by
the agency, including those having service priorities, or other
service measures established by law, and estimates of changes in
those groups expected during the term of the plan;
(4) an analysis of the use of the agency's resources to
meet the agency's needs, including future needs, and an estimate of
additional resources that may be necessary to meet future needs;
(5) an analysis of expected changes in the services
provided by the agency because of changes in state or federal law;
(6) a description of the means and strategies for
meeting the agency's needs, including future needs, and achieving
the goals established under Section 2056.006 for each area of state
government for which the agency provides services;
(7) a description of the capital improvement needs of
the agency during the term of the plan and a statement, if
appropriate, of the priority of those needs;
(8) identification of each geographic region of this
state, including the Texas-Louisiana border region and the
Texas-Mexico border region, served by the agency, and if
appropriate the agency's means and strategies for serving each
region;
(9) a description of the training of the agency's
contract managers under Section 656.052;
(10) an analysis of the agency's expected expenditures
that relate to federally owned or operated military installations
or facilities, or communities where a federally owned or operated
military installation or facility is located;
(11) an analysis of the strategic use of information
resources as provided by the instructions prepared under Section
2054.095; [and]
(12) a written certification of the agency's
compliance with the cybersecurity training required under Sections
2054.5191 and 2054.5192; and
(13) other information that may be required.
SECTION 5. Section 2054.519(f), Government Code, as added
by Chapter 1308 (H.B. 3834), Acts of the 86th Legislature, Regular
Session, 2019, is repealed.
SECTION 6. (a) Section 772.012, Government Code, as added
by this Act, applies only to a grant application submitted by a
local government on or after September 1, 2021.
(b) Section 2056.002(b), Government Code, as amended by
this Act, applies only to a strategic plan submitted by a state
agency on or after January 1, 2022.
SECTION 7. 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, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1118 was passed by the House on April
8, 2021, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1118 on May 5, 2021, by the following vote: Yeas 143, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1118 was passed by the Senate, with
amendments, on April 29, 2021, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor