89th Legislature

HB 3112

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3112 modifies the Texas Government Code to provide explicit exemptions from open meeting and public information laws for certain sensitive cybersecurity-related information. The bill addresses growing concerns about protecting critical infrastructure from cyber threats and malicious attacks by safeguarding how state and local governments deliberate and manage cybersecurity strategies.

Specifically, the bill adds Section 551.0761 to the Open Meetings Act (Chapter 551) to allow governmental bodies to hold closed meetings when discussing cybersecurity measures, policies, or contracts aimed at protecting critical infrastructure located within their jurisdiction. The definition of “critical infrastructure facility” includes a wide range of public and private-sector assets, such as electric grids, water treatment plants, natural gas pipelines, and cybersecurity systems.

Additionally, the bill creates Section 552.1391 under the Public Information Act (Chapter 552), exempting certain categories of cybersecurity-related information from public disclosure. These include not only technical and procedural details of cybersecurity systems but also insurance coverage, incident response practices, and financial risk mitigation measures. However, if disclosure of such information is required by law or court order, the governmental body must provide prior notice to the owner and subject of the data, preserving procedural fairness.

HB 3112 is designed to strengthen Texas’s cybersecurity posture without overly compromising transparency, ensuring that governmental entities can take responsible, confidential action to secure the systems that underpin public safety and daily life.

The Committee Substitute for HB 3112 maintains the core purpose of the originally filed bill—protecting cybersecurity-related information about critical infrastructure from public disclosure—but introduces several key refinements to improve clarity, legal precision, and procedural safeguards. These changes align the bill more closely with legislative drafting standards and address concerns likely raised during stakeholder review or committee deliberation.

A major addition in the substitute bill is a provision that establishes notice requirements when disclosure of protected information is mandated by law or court order. Specifically, if a governmental body is required to release cybersecurity-related data, it must provide notice at least five business days in advance to the owner and subject of the information. This language, absent from the original version, adds a layer of procedural fairness and legal transparency, helping ensure that affected parties are aware of and can potentially respond to such disclosures.

The substitute also introduces structural and formatting changes consistent with legislative norms. It organizes sections more clearly, adjusts technical language, and conforms to drafting conventions used by the Texas Legislative Council. These changes, while not altering the substantive impact of the bill, ensure smoother integration into the Government Code and facilitate implementation by public entities.

Overall, the Committee Substitute builds on the original filing by tightening language, adding legal safeguards, and enhancing procedural reliability.
Author
Carl Tepper
Giovanni Capriglione
Angelia Orr
Ben Bumgarner
Sponsor
Charles Perry
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3112 would have no significant fiscal implications for the state. This conclusion is based on the assumption that any additional responsibilities imposed by the bill, primarily related to exempting certain cybersecurity information from open meetings and public information requirements, can be managed using existing agency resources.

The bill does not mandate new programs or funding allocations, nor does it require substantial administrative restructuring. Its focus is on the legal treatment of information rather than operational changes, which reduces the likelihood of direct budgetary impact. Agencies responsible for cybersecurity and information governance are already equipped with frameworks to manage sensitive data, and HB 3112 merely clarifies the conditions under which such information can be kept confidential.

Likewise, no significant fiscal implications are expected for units of local government. Local entities will be able to conduct closed meetings on cybersecurity matters and withhold certain records under expanded exemptions without incurring major new costs. The law enables discretion, rather than imposing mandates, which helps local governments integrate the new provisions within their current budgetary and staffing constraints.

In summary, HB 3112 is primarily a procedural and legal clarification bill that reinforces existing cybersecurity protection efforts. It does so without requiring new expenditures, and any minimal administrative adjustments are expected to be absorbed by agencies and local governments within their current operating budgets.

Vote Recommendation Notes

HB 3112 is a narrowly tailored bill that strengthens protections for sensitive cybersecurity information related to critical infrastructure without expanding the size or scope of government. It allows state and local governmental bodies to deliberate on cybersecurity matters in closed sessions and exempts related records from public disclosure, only when those records could compromise the safety or integrity of essential services such as water, energy, and data networks. These changes enhance public safety and government preparedness in response to increasing cyber threats.

Importantly, the bill does not impose new mandates, create new agencies, or authorize additional spending. According to the Legislative Budget Board, the bill has no significant fiscal impact on the state or local governments, and any costs associated with its implementation can be absorbed with existing resources. This ensures that the bill does not increase the burden on taxpayers.

The bill also does not increase the regulatory burden on individuals or businesses. Its provisions apply exclusively to governmental bodies and relate to internal deliberation procedures and information handling. Private entities are neither subject to new compliance requirements nor restricted in their operations as a result of this legislation.

Furthermore, the Committee Substitute version of the bill improves due process by requiring governmental bodies to provide advance notice and preserve labeling if they are legally compelled to disclose covered cybersecurity information. These safeguards enhance transparency while still protecting the public from the risks posed by the exposure of sensitive infrastructure vulnerabilities.

In summary, HB 3112 supports the principles of limited government, individual liberty, and public safety. It makes targeted statutory adjustments to better protect Texans without growing government, increasing costs, or burdening private actors—and as such, Texas Policy Research recommends that lawmakers vote YES.

  • Individual Liberty: The bill enhances individual liberty by helping to ensure the uninterrupted functioning of critical public infrastructure, such as water treatment facilities, electric grids, and communication networks. By allowing governmental bodies to protect information that, if publicly disclosed, could aid malicious actors, the bill safeguards the public’s ability to live freely and securely. Without such protections, individuals' access to essential services—and by extension, their autonomy—could be jeopardized by preventable cyberattacks.
  • Personal Responsibility: The bill promotes responsible governance. It empowers local and state officials to proactively manage cybersecurity threats without being forced to compromise security strategies in the name of procedural transparency. This shift supports a culture of accountability in which public entities are encouraged to take the initiative in defending the digital infrastructure they oversee.
  • Free Enterprise: Although not a major focus of the bill, free enterprise is supported by the legal certainty this legislation provides. It creates a safer environment for public-private cybersecurity partnerships, ensuring that sensitive contract information or insurance risk data is not inadvertently exposed. This can help foster trust and collaboration between government entities and private infrastructure operators.
  • Private Property Rights: The bill indirectly supports private property rights by protecting facilities that are privately owned but serve public functions, such as privately operated power generation or data infrastructure, from exposure to sabotage or theft. Protecting the confidentiality of cybersecurity policies and technical schematics helps defend these property owners from liabilities or disruptions stemming from government-mandated disclosures.
  • Limited Government: While the bill grants governments more flexibility in how they handle cybersecurity matters, it does not expand the government’s power in a way that infringes on liberties. It avoids creating new enforcement mechanisms, regulatory schemes, or surveillance authorities. In fact, by limiting the public disclosure of sensitive data, the bill helps prevent overreach or reactive, expansive interventions that might follow a serious breach. Its narrow application to deliberations and specific categories of records reflects a restraint consistent with the principle of limited government.
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