Tex. Business & Commerce Code § 542.004 — TX Code / Code bc / Chapter 542 / Section 542.004
§ 542.004. CYBERSECURITY PROGRAM.
Status: in_force

(a) For purposes of Section 542.003, a cybersecurity program must:

(1) contain administrative, technical, and physical safeguards for the protection of personal identifying information and sensitive personal information;

(2) conform to an industry-recognized cybersecurity framework as described by Subsection (b);

(3) be designed to:

(A) protect the security of personal identifying information and sensitive personal information;

(B) protect against any threat or hazard to the integrity of personal identifying information and sensitive personal information; and

(C) protect against unauthorized access to or acquisition of personal identifying information and sensitive personal information that would result in a material risk of identity theft or other fraud to the individual to whom the information relates; and

(4) with regard to the scale and scope, meet the following requirements:

(A) for a business entity with fewer than 20 employees, simplified requirements, including password policies and appropriate employee cybersecurity training;

(B) for a business entity with at least 20 employees but fewer than 100 employees, moderate requirements, including the requirements of the Center for Internet Security Controls Implementation Group 1; and

(C) for a business entity with at least 100 employees but fewer than 250 employees, compliance with the requirements of Subsection (b).

(b) A cybersecurity program under this section conforms to an industry-recognized cybersecurity framework for purposes of this section if the program conforms to:

(1) a current version of or any combination of current versions of the following:

(A) the Framework for Improving Critical Infrastructure Cybersecurity published by the National Institute of Standards and Technology (NIST);

(B) the NIST's special publication 800-171;

(C) the NIST's special publications 800-53 and 800-53a;

(D) the Federal Risk and Authorization Management Program's FedRAMP Security Assessment Framework;

(E) the Center for Internet Security Critical Security Controls for Effective Cyber Defense;

(F) the ISO/IEC 27000-series information security standards published by the International Organization for Standardization and the International Electrotechnical Commission;

(G) the Health Information Trust Alliance's Common Security Framework;

(H) the Secure Controls Framework;

(I) the Service Organization Control Type 2 Framework; or

(J) other similar frameworks or standards of the cybersecurity industry;

(2) if the business entity is subject to its requirements, the current version of the following:

(A) the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);

(B) Title V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.);

(C) the Federal Information Security Modernization Act of 2014 (Pub. L. No. 113-283); or

(D) the Health Information Technology for Economic and Clinical Health Act (Division A, Title XIII, and Division B, Title IV, Pub. L. No. 111-5); and

(3) if applicable to the business entity, a current version of the Payment Card Industry Data Security Standard.

(c) If any standard described by Subsection (b)(1) is published and updated, a business entity's cybersecurity program continues to meet the requirements of a program under this section if the entity updates the program to meet the updated standard not later than the later of:

(1) the implementation date published in the updated standard; or

(2) the first anniversary of the date on which the updated standard is published.