foreign adversary security info becomes confidential

The text as introduced · 674 words

89R8691 JON-D

By: Lopez of Bexar
H.B. No. 4711

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.