Bill Text: TX HB3743 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to cybersecurity and privacy regarding distance learning in public schools.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB3743 Detail]
Download: Texas-2021-HB3743-Introduced.html
Bill Title: Relating to cybersecurity and privacy regarding distance learning in public schools.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB3743 Detail]
Download: Texas-2021-HB3743-Introduced.html
| 87R10726 CXP-D | ||
| By: Capriglione | H.B. No. 3743 | |
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| relating to cybersecurity and privacy regarding distance learning | ||
| in public schools and prohibiting ransomware payments by certain | ||
| governmental entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 11.175, Education Code, is amended by | ||
| adding Subsection (g) to read as follows: | ||
| (g) Each school district that contracts with an outside | ||
| provider to provide web services to facilitate distance learning | ||
| shall maintain a contractual agreement with the provider that | ||
| ensures: | ||
| (1) an industry-standard base level of cybersecurity | ||
| and privacy protection for students and educators; and | ||
| (2) compliance with all applicable state and federal | ||
| law governing the confidentiality of student and educator | ||
| information. | ||
| SECTION 2. Subchapter D, Chapter 32, Education Code, is | ||
| amended by adding Section 32.158 to read as follows: | ||
| Sec. 32.158. RECORDINGS OF DISTANCE LEARNING INSTRUCTION. | ||
| (a) A school district may not retain a recording of distance | ||
| learning instruction for more than 30 days after the date the | ||
| recording is made, except to comply with recording and retention | ||
| laws applicable to students enrolled in special education programs | ||
| under Subchapter A, Chapter 29. | ||
| (b) A recording of distance learning instruction is | ||
| confidential and is not subject to: | ||
| (1) the open meetings law, Chapter 551, Government | ||
| Code; or | ||
| (2) disclosure under Chapter 552, Government Code. | ||
| SECTION 3. Chapter 370, Local Government Code, is amended | ||
| by adding Section 370.007 to read as follows: | ||
| Sec. 370.007. RANSOMWARE PAYMENTS PROHIBITED. (a) In this | ||
| section: | ||
| (1) "Local government" has the meaning assigned by | ||
| Section 271.081. | ||
| (2) "Ransomware" has the meaning assigned by Section | ||
| 33.023, Penal Code. | ||
| (b) A local government or open-enrollment charter school | ||
| may not make a ransomware payment related to a ransomware cyber | ||
| attack. | ||
| (c) As soon as practicable after discovering a ransomware | ||
| cyber attack, a local government or open-enrollment charter school | ||
| shall report the attack to the office of the attorney general and to | ||
| the information sharing and analysis organization established by | ||
| the Department of Information Resources under Section 2054.0594, | ||
| Government Code. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
