89th Legislature

HB 132

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 132 addresses the confidentiality of certain sensitive information collected, assembled, or maintained by governmental entities related to protecting against hostile acts by foreign adversaries. Specifically, the bill amends several sections of the Texas Government Code (Chapter 418), expanding existing confidentiality provisions, which previously focused primarily on acts of terrorism, to explicitly include hostile acts by foreign adversaries against the United States.

Under this legislation, information that relates to staffing requirements, tactical response plans, communication details (such as telephone numbers and encryption codes), and security assessments would be protected from public disclosure if this information is gathered for the purpose of preventing, detecting, responding to, or investigating hostile foreign activities. Additionally, documents outlining vulnerabilities of critical infrastructure and security systems used to safeguard public or private property from hostile foreign acts would also be made confidential.

The overall intent of HB 132 is to enhance state security measures by protecting crucial operational details that, if publicly disclosed, could potentially compromise efforts to prevent or respond to threats posed by foreign adversaries.
Author
Ray Lopez
Cole Hefner
Mark Dorazio
Co-Author
Jeffrey Barry
Greg Bonnen
Ben Bumgarner
Giovanni Capriglione
David Cook
Pat Curry
Cody Harris
Janis Holt
Carrie Isaac
Janie Lopez
John McQueeney
William Metcalf
Angelia Orr
Katrina Pierson
Ellen Troxclair
Terry Wilson
Sponsor
Bryan Hughes
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 132 does not present significant fiscal implications for the state. It is assumed that any potential costs associated with implementing and maintaining the enhanced confidentiality requirements set forth in the legislation could be managed within existing resources.

Additionally, the fiscal note anticipates no significant financial impact on local governments. The involved state agencies, such as the Office of the Attorney General, Department of Public Safety, Texas Division of Emergency Management, and Texas A&M University System Administrative Offices, indicated that the bill’s provisions could be accommodated without additional funding or resources

Vote Recommendation Notes

HB 132 aims to strengthen confidentiality protections to address emerging security threats by specifically including information related to hostile acts by foreign adversaries. The bill updates existing laws, which previously focused only on terrorism and related criminal activities, reflecting a broader understanding of modern security challenges. It ensures that sensitive information such as emergency response plans, vulnerability assessments, and details about critical infrastructure and communication security remain protected from public disclosure. The stated intention is to enhance the state’s ability to effectively counter threats without compromising classified or operationally sensitive information.

The bill does not expand government rulemaking authority, create new criminal offenses, or modify penalties. Given its limited scope—primarily updating and clarifying confidentiality protections to cover additional types of threats—there appear to be no major concerns regarding increased regulatory burdens or governmental overreach explicitly stated in the analysis.

Therefore, Texas Policy Research recommends that lawmakers vote YES on HB1 32, recognizing its purpose as necessary for maintaining national and state security. The legislation does not appear to significantly expand government powers or regulatory burdens beyond existing frameworks. However, lawmakers might remain vigilant to ensure the expanded confidentiality provisions are narrowly applied and do not unintentionally limit public transparency or accountability.

  • Individual Liberty: The bill has indirect implications for individual liberty, as expanding government confidentiality could reduce transparency, potentially limiting citizens' access to information on government operations and decisions. However, by securing sensitive information, the bill might protect citizens from threats posed by foreign adversaries, which could arguably enhance personal security, an essential component of individual liberty.
  • Personal Responsibility: These principles are minimally impacted. The bill does not impose additional regulations or requirements on individuals or businesses directly, nor does it significantly affect market operations or individual responsibility in a direct manner.
  • Free Enterprise: The bill does not introduce new regulations or obligations for private businesses directly, nor does it create new market restrictions. Its impact on free enterprise is effectively neutral, as it neither significantly hinders nor aids business operations or competition.
  • Private Property Rights: The bill specifically addresses confidentiality related to vulnerabilities of critical infrastructure and security systems designed to protect public and private property. By securing sensitive information from public disclosure, the bill indirectly strengthens protections for privately owned infrastructure, thus positively impacting private property rights.
  • Limited Government: The bill slightly expands government authority by broadening confidentiality protections. By explicitly including hostile acts by foreign adversaries alongside terrorism-related activities, the government increases its scope in determining what information may be withheld from the public. Although well-intentioned for national and state security, proponents of limited government could view this expanded discretion in confidentiality as a potential increase in governmental power and reduced transparency.
Related Legislation
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