Relating to the application of the open meetings law and public information law to government information related to certain cybersecurity measures, the official text

H.B. No. 3112

AN ACT

relating to the application of the open meetings law and public

information law to government information related to certain

cybersecurity measures.

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

SECTION 1. Subchapter D, Chapter 551, Government Code, is

amended by adding Section 551.0761 to read as follows:

Sec. 551.0761. DELIBERATION REGARDING CRITICAL

INFRASTRUCTURE FACILITY; CLOSED MEETING. (a) In this section:

(1) "Critical infrastructure facility" means a

communication infrastructure system, cybersecurity system,

electric grid, electrical power generating facility, substation,

switching station, electrical control center, dam, natural gas and

natural gas liquids gathering, processing, and storage

transmission and distribution system, hazardous waste treatment

system, water treatment facility, water intake structure,

wastewater treatment plant, pump station, or water pipeline and

related support facility, equipment, and property.

(2) "Cybersecurity" means the measures taken to

protect a computer, a computer network, a computer system, or other

technology infrastructure against unauthorized use or access.

(b) This chapter does not require a governmental body to

conduct an open meeting to deliberate a cybersecurity measure,

policy, or contract solely intended to protect a critical

infrastructure facility located in the jurisdiction of the

governmental body.

SECTION 2. Subchapter C, Chapter 552, Government Code, is

amended by adding Section 552.1391 to read as follows:

Sec. 552.1391. EXCEPTION: CONFIDENTIALITY OF

CYBERSECURITY MEASURES. (a) In this section:

(1) "Critical infrastructure facility" has the

meaning assigned by Section 551.0761.

(2) "Cybersecurity" has the meaning assigned by

Section 551.0761.

(b) Information is excepted from the requirements of

Section 552.021 if it is information that relates to:

(1) a cybersecurity measure, policy, or contract

solely intended to protect a critical infrastructure facility

located in the jurisdiction of the governmental body;

(2) coverage limits and deductible amounts for

insurance or other risk mitigation coverages acquired for the

protection of information technology systems, critical

infrastructure, operational technology systems, or data of a

governmental body or the amount of money set aside by a governmental

body to self-insure against those risks;

(3) cybersecurity incident information reported

pursuant to state law; and

(4) network schematics, hardware and software

configurations, or encryption information or information that

identifies the detection, investigation, or response practices for

suspected or confirmed cybersecurity incidents if the disclosure of

such information would facilitate unauthorized access to:

(A) data or information, whether physical or

virtual; or

(B) information technology resources, including

a governmental body's existing or proposed information technology

system.

(c) A governmental body may disclose information made

confidential by this section to comply with applicable state or

federal law or a court order. A governmental body that is required

to disclose information described by Subsection (b) shall:

(1) not later than the fifth business day before the

date the information is required to be disclosed, provide notice of

the required disclosure to the person or third party who owns the

critical infrastructure facility or, in the event immediate

disclosure is required, notify in writing the person or third party

as soon as practicable but not later than the fifth business day

after the information is disclosed; and

(2) retain all existing labeling on the information

being disclosed describing such information as confidential or

privileged.

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, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 3112 was passed by the House on May 6,

2025, by the following vote: Yeas 148, Nays 0, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3112 was passed by the Senate on May

28, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor