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