HB 132 House Committee Report

Relating to the confidentiality of information used to prevent, detect, respond to, or investigate a hostile act of a foreign adversary of the United States. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the confidentiality of information used to prevent,

 

detect, respond to, or investigate a hostile act of a foreign

 

adversary of the United States.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Section 418.176(a), Government Code, is amended

 

to read as follows:

 

       (a)  Information is confidential if the information is

 

collected, assembled, or maintained by or for a governmental entity

 

for the purpose of preventing, detecting, responding to, or

 

investigating an act of terrorism or related criminal activity or a

 

hostile act by a foreign adversary of the United States and:

 

             (1)  relates to the staffing requirements of an

 

emergency response provider, including a law enforcement agency, a

 

fire-fighting agency, or an emergency services agency;

 

             (2)  relates to a tactical plan of the provider; or

 

             (3)  consists of a list or compilation of pager or

 

telephone numbers, including mobile and cellular telephone

 

numbers, of the provider.

 

       SECTION 2.  Section 418.177, Government Code, is amended to

 

read as follows:

 

       Sec. 418.177.  CONFIDENTIALITY OF CERTAIN INFORMATION

 

RELATING TO RISK OR VULNERABILITY ASSESSMENT.  Information is

 

confidential if the information:

 

             (1)  is collected, assembled, or maintained by or for a

 

governmental entity for the purpose of preventing, detecting, or

 

investigating an act of terrorism or related criminal activity or a

 

hostile act by a foreign adversary of the United States; and

 

             (2)  relates to an assessment by or for a governmental

 

entity, or an assessment that is maintained by a governmental

 

entity, of the risk or vulnerability of persons or property,

 

including critical infrastructure, to an act of terrorism or

 

related criminal activity.

 

       SECTION 3.  Section 418.179(a), Government Code, is amended

 

to read as follows:

 

       (a)  Information is confidential if the information:

 

             (1)  is collected, assembled, or maintained by or for a

 

governmental entity for the purpose of preventing, detecting, or

 

investigating an act of terrorism or related criminal activity or a

 

hostile act by a foreign adversary of the United States; and

 

             (2)  relates to the details of the encryption codes or

 

security keys for a public communications system.

 

       SECTION 4.  Section 418.180, Government Code, is amended to

 

read as follows:

 

       Sec. 418.180.  CONFIDENTIALITY OF CERTAIN INFORMATION

 

PREPARED FOR UNITED STATES.  Information, other than financial

 

information, in the possession of a governmental entity is

 

confidential if the information:

 

             (1)  is part of a report to an agency of the United

 

States;

 

             (2)  relates to an act of terrorism or related criminal

 

activity or a hostile act by a foreign adversary of the United

 

States; and

 

             (3)  is specifically required to be kept confidential:

 

                   (A)  under Section 552.101 because of a federal

 

statute or regulation;

 

                   (B)  to participate in a state-federal

 

information sharing agreement; or

 

                   (C)  to obtain federal funding.

 

       SECTION 5.  Section 418.181, Government Code, is amended to

 

read as follows:

 

       Sec. 418.181.  CONFIDENTIALITY OF CERTAIN INFORMATION

 

RELATING TO CRITICAL INFRASTRUCTURE.  Those documents or portions

 

of documents in the possession of a governmental entity are

 

confidential if they identify the technical details of particular

 

vulnerabilities of critical infrastructure to an act of terrorism

 

or a hostile act by a foreign adversary of the United States.

 

       SECTION 6.  Section 418.182(a), Government Code, is amended

 

to read as follows:

 

       (a)  Except as provided by Subsections (b) and (c),

 

information, including access codes and passwords, in the

 

possession of a governmental entity is confidential if the

 

information [that] relates to the specifications, operating

 

procedures, or location of a security system used to protect public

 

or private property from an act of terrorism or related criminal

 

activity or a hostile act by a foreign adversary of the United

 

States [is confidential].

 

       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, 2025. 

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