GOVERNMENT CODE


TITLE 10. GENERAL GOVERNMENT


SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT


Chapter 2274, consisting of Secs. 2274.0101 to 2274.0103, was added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3.


For another Chapter 2274, consisting of Secs. 2274.001 to 2274.002, added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 2, see Sec. 2274.001 et seq., post.


For another Chapter 2274, consisting of Secs. 2274.001 to 2274.003, added by Acts 2021, 87th Leg., R.S., Ch. 530 (S.B. 19), Sec. 1, see Sec. 2274.001 et seq., post.


For another Chapter 2274, consisting of Secs. 2274.001 to 2274.003, added by Acts 2021, 87th Leg., R.S., Ch. 833 (S.B. 4), Sec. 1, see Sec. 2274.001 et seq., post.


CHAPTER 2274. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE


Sec. 2274.0101. DEFINITIONS. In this chapter:

(1) "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.

(2) "Critical infrastructure" means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

(3) "Cybersecurity" means the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access.

(4) "Designated country" means a country designated by the governor as a threat to critical infrastructure under Section 2274.0103.

(5) "Governmental entity" means a state agency or political subdivision of this state.

Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3, eff. June 18, 2021.

Sec. 2274.0102. PROHIBITED CONTRACTS. (a) A governmental entity may not enter into a contract or other agreement relating to critical infrastructure in this state with a company:

(1) if, under the contract or other agreement, the company would be granted direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the governmental entity for product warranty and support purposes; and

(2) if the governmental entity knows that the company is:

(A) owned by or the majority of stock or other ownership interest of the company is held or controlled by:

(i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or

(ii) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

(B) headquartered in China, Iran, North Korea, Russia, or a designated country.

(b) The prohibition described by Subsection (a) applies regardless of whether:

(1) the company's or its parent company's securities are publicly traded; or

(2) the company or its parent company is listed on a public stock exchange as:

(A) a Chinese, Iranian, North Korean, or Russian company; or

(B) a company of a designated country.

Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3, eff. June 18, 2021.

Sec. 2274.0103. DESIGNATION OF COUNTRY AS THREAT TO CRITICAL INFRASTRUCTURE. (a) The governor, after consultation with the public safety director of the Department of Public Safety, may designate a country as a threat to critical infrastructure for purposes of this chapter.

(b) The governor shall consult the Homeland Security Council, established under Subchapter B, Chapter 421, to assess a threat to critical infrastructure for purposes of making a designation under this section.

Added by Acts 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116), Sec. 3, eff. June 18, 2021.