88R2648 JXC-D By: Raymond H.B. No. 4892 A BILL TO BE ENTITLED AN ACT relating to physical security and cybersecurity practices for certain utilities that provide electricity service and an independent organization certified to manage a power region. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Subchapter B, Chapter 31, Utilities Code, is amended to read as follows: SUBCHAPTER B. PHYSICAL SECURITY AND CYBERSECURITY SECTION 2. The heading to Section 31.052, Utilities Code, is amended to read as follows: Sec. 31.052. PHYSICAL SECURITY AND CYBERSECURITY COORDINATION PROGRAM FOR UTILITIES. SECTION 3. Section 31.052(a), Utilities Code, is amended to read as follows: (a) The commission shall establish a program to monitor and support physical security and cybersecurity efforts among utilities in this state. The program shall: (1) provide guidance, technical assistance, and training on best practices in physical security and cybersecurity and facilitate the sharing of cybersecurity information between utilities; [and] (2) provide guidance, technical assistance, and training on best practices for physical security and cybersecurity controls for supply chain risk management of cybersecurity systems used by utilities, which may include, as applicable, best practices related to: (A) software integrity and authenticity; (B) vendor risk management and procurement controls, including notification by vendors of incidents related to the vendor's products and services; and (C) vendor remote access; (3) develop models, assessments, and auditing procedures for a utility to self-assess physical security and cybersecurity; and (4) provide opportunities for utilities to share with each other best practices for and information on physical security and cybersecurity. SECTION 4. Section 39.151(o), Utilities Code, is amended to read as follows: (o) An independent organization certified by the commission under this section shall: (1) conduct internal physical security and cybersecurity risk assessment, vulnerability testing, and employee training to the extent the independent organization is not otherwise required to do so under applicable state and federal physical security, cybersecurity, and information security laws; and (2) submit a report annually to the commission on the independent organization's compliance with applicable physical security, cybersecurity, and information security laws. SECTION 5. 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.