85R20253 AAF-F     By: Nelson S.B. No. 532     (Capriglione, Zerwas, Phelan)     Substitute the following for S.B. No. 532:  No.       A BILL TO BE ENTITLED   AN ACT   relating to information collected about and purchases of   information technology by governmental entities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.139, Government Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  Except as provided by Subsection (b-1), the [The]   following information is confidential:                (1)  a computer network vulnerability report;                (2)  any other assessment of the extent to which data   processing operations, a computer, a computer program, network,   system, or system interface, or software of a governmental body or   of a contractor of a governmental body is vulnerable to   unauthorized access or harm, including an assessment of the extent   to which the governmental body's or contractor's electronically   stored information containing sensitive or critical information is   vulnerable to alteration, damage, erasure, or inappropriate use;   [and]                (3)  a photocopy or other copy of an identification   badge issued to an official or employee of a governmental body; and                (4)  information directly arising from a governmental   body's routine efforts to prevent, detect, or investigate a   computer security incident, including information contained in or   derived from an information security log.          (b-1)  Subsection (b) does not apply to information related   to a breach of system security as defined by Section 521.053,   Business & Commerce Code.          SECTION 2.  Subchapter C, Chapter 2054, Government Code, is   amended by adding Section 2054.068 to read as follows:          Sec. 2054.068.  INFORMATION TECHNOLOGY INFRASTRUCTURE   REPORT. (a) In this section, "information technology" includes   information resources and information resources technologies.          (b)  The department shall collect from each state agency   information on the status and condition of the agency's information   technology infrastructure, including information regarding:                (1)  the agency's information security program;                (2)  an inventory of the agency's servers, mainframes,   cloud services, and other information technology equipment;                (3)  identification of vendors that operate and manage   the agency's information technology infrastructure; and                (4)  any additional related information requested by   the department.          (c)  A state agency shall provide the information required by   Subsection (b) to the department according to a schedule determined   by the department.          (d)  Not later than November 15 of each even-numbered year,   the department shall submit to the governor, chair of the house   appropriations committee, chair of the senate finance committee,   speaker of the house of representatives, lieutenant governor, and   staff of the Legislative Budget Board a consolidated report of the   information submitted by state agencies under Subsection (b).          (e)  The consolidated report required by Subsection (d)   must:                (1)  include an analysis and assessment of each state   agency's security and operational risks; and                (2)  for a state agency found to be at higher security   and operational risks, include a detailed analysis of, and an   estimate of the costs to implement, the:                      (A)  requirements for the agency to address the   risks and related vulnerabilities; and                      (B)  agency's efforts to address the risks through   the:                            (i)  modernization of information   technology systems;                            (ii)  use of cloud services; and                            (iii)  use of a statewide technology center   established by the department.          (f)  With the exception of information that is confidential   under Chapter 552, including Section 552.139, or other state or   federal law, the consolidated report submitted under Subsection (d)   is public information and must be released or made available to the   public on request. A governmental body as defined by Section   552.003 may withhold information confidential under Chapter 552,   including Section 552.139, or other state or federal law that is   contained in a consolidated report released under this subsection   without the necessity of requesting a decision from the attorney   general under Subchapter G, Chapter 552.          (g)  This section does not apply to an institution of higher   education or university system, as defined by Section 61.003,   Education Code.          SECTION 3.  Section 2054.0965(a), Government Code, is   amended to read as follows:          (a)  Not later than March 31 [December 1] of each   even-numbered [odd-numbered] year, a state agency shall complete a   review of the operational aspects of the agency's information   resources deployment following instructions developed by the   department.          SECTION 4.  Section 2157.007, Government Code, is amended by   amending Subsection (b) and adding Subsection (e) to read as   follows:          (b)  A state agency shall [may] consider cloud computing   service options, including any security benefits and cost savings   associated with purchasing those service options from a cloud   computing service provider and from a statewide technology center   established by the department, when making purchases for a major   information resources project under Section 2054.118.          (e)  Not later than November 15 of each even-numbered year,   the department, using existing resources, shall submit a report to   the governor, lieutenant governor, and speaker of the house of   representatives on the use of cloud computing service options by   state agencies. The report must include use cases that provided   cost savings and other benefits, including security enhancements.   A state agency shall cooperate with the department in the creation   of the report by providing timely and accurate information and any   assistance required by the department.          SECTION 5.  Section 552.139(b), Government Code, as amended   by this Act, applies only to a request for public information   received on or after the effective date of this Act. A request   received before the effective date of this Act is governed by the   law in effect when the request was received, and the former law is   continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2017.