By: Schaefer H.B. No. 4256 A BILL TO BE ENTITLED AN ACT relating to the duties and oversight of the Department of Public Safety's office of inspector general regarding the use of cyber technology and activity. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 411.251, Government Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) The office of inspector general is responsible for: (1) acting to prevent and detect serious breaches of departmental policy, fraud, and abuse of office, including any acts of criminal conduct within the department; [and] (2) independently and objectively reviewing, investigating, delegating, and overseeing the investigation of: (A) conduct described in Subdivision (1); (B) criminal activity occurring in all divisions of the department; (C) allegations of wrongdoing by department employees; (D) crimes committed on department property; and (E) serious breaches of department policy[.]; and (3) independently and objectively reviewing, investigating, and overseeing the Department's cyber activity and use of cyber networks, operations, systems, and tools. (c) For purposes of this subchapter, "cyber tools" include, but are not limited to cyber networks, operations, systems, and any hardware or software used to collect suspicious activity reports or used by the Department for cyber activity in carrying out its official duties. SECTION 2. Section 411.253, Government Code, is amended to read as follows: The office of inspector general may only initiate an investigation based on: (1) authorization from the commission; (2) approval of the inspector general or deputy inspector general; (3) approval of the director, a deputy director, an assistant director of the Texas Rangers, or an assistant director of the criminal investigations division for criminal investigations; [or] (4) commission rules or approved commission policies; or (5) authorization from the commission for an investigation regarding the Department's use of cyber tools. SECTION 3. Subchapter B-1, Chapter 411, Government Code, is amended by adding Section 411.2531 to read as follows: Section 411.2531. OVERSIGHT OF CYBER TOOLS. The office of inspector general shall: (a) continually monitor the Department's use of cyber tools solely under the direction of the commission; and (b) employ personnel with adequate education, training, and experience in cyber activity, the use of cyber tools, and in privacy and constitutional protections when using cyber tools. 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, 2021.