88R8146 JCG-D     By: Anderson H.B. No. 3289       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the use of certain social media   applications and services on devices owned or leased by state   agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 6, Government Code, is amended   by adding Chapter 674 to read as follows:   CHAPTER 674.  USE OF CERTAIN SOCIAL MEDIA APPLICATIONS AND SERVICES   ON STATE AGENCY DEVICES PROHIBITED          Sec. 674.001.  DEFINITIONS. In this chapter:                (1)  "Covered application" means:                      (A)  the social media service TikTok or any   successor application or service developed or provided by ByteDance   Limited or an entity owned by ByteDance Limited; or                      (B)  a social media application or service   specified by executive order of the governor under Section 674.004.                (2)  "State agency" means:                      (A)  a department, commission, board, office, or   other agency that is in the executive or legislative branch of state   government and that was created by the constitution or a statute,   including an institution of higher education as defined by Section   61.003, Education Code; or                      (B)  the supreme court, the court of criminal   appeals, a court of appeals, or the Texas Judicial Council or   another agency in the judicial branch of state government.          Sec. 674.002.  PROHIBITION. Subject to Section 674.003, a   state agency shall adopt a policy prohibiting the installation or   use of a covered application on any device owned or leased by the   state agency and requiring the removal of covered applications from   those devices.          Sec. 674.003.  EXCEPTIONS; MITIGATING MEASURES.  (a)  A   policy adopted under Section 674.002 may provide for the   installation and use of a covered application to the extent   necessary for:                (1)  providing law enforcement; or                (2)  developing or implementing information security   measures.          (b)  A policy allowing the installation and use of a covered   application under Subsection (a) must require:                (1)  the use of measures to mitigate risks to the   security of state agency information during the use of the covered   application; and                (2)  the documentation of those measures.          Sec. 674.004.  APPLICATIONS IDENTIFIED BY GOVERNOR'S ORDER.   The governor by executive order may identify social media   applications or services that pose a similar risk to the security of   state agency information as the service described by Section   674.001(1)(A).          SECTION 2.  Not later than the 60th day after the effective   date of this Act, each state agency shall adopt the policy required   by Chapter 674, Government Code, as added by this Act.          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, 2023.