2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.139. Exception: Confidentiality of Government Information Related to Security or Infrastructure Issues for Computers

Sec. 552.139.  EXCEPTION:  CONFIDENTIALITY OF GOVERNMENT INFORMATION RELATED TO SECURITY OR INFRASTRUCTURE ISSUES FOR COMPUTERS.  (a)  Information is excepted from the requirements of Section 552.021 if it is information that relates to computer network security, to restricted information under Section 2059.055, or to the design, operation, or defense of a computer network.
(b)  The following information is confidential:
(1)  a computer network vulnerability report;
(2)  any other assessment of the extent to which data processing operations, a computer, a computer program, network, system, or system interface, or software of a governmental body or of a contractor of a governmental body is vulnerable to unauthorized access or harm, including an assessment of the extent to which the governmental body's or contractor's electronically stored information containing sensitive or critical information is vulnerable to alteration, damage, erasure, or inappropriate use;
(3)  a photocopy or other copy of an identification badge issued to an official or employee of a governmental body; and
(4)  information directly arising from a governmental body's routine efforts to prevent, detect, investigate, or mitigate a computer security incident, including information contained in or derived from an information security log.
(b-1)  Subsection (b)(4) does not affect the notification requirements related to a breach of system security as defined by Section 521.053, Business & Commerce Code.
(c)  Notwithstanding the confidential nature of the information described in this section, the information may be disclosed to a bidder if the governmental body determines that providing the information is necessary for the bidder to provide an accurate bid.  A disclosure under this subsection is not a voluntary disclosure for purposes of Section 552.007.
(d)  A state agency shall redact from a contract posted on the agency's Internet website under Section 2261.253 information that is made confidential by, or excepted from required public disclosure under, this section.  The redaction of information under this subsection does not exempt the information from the requirements of Section 552.021 or 552.221.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 4.03, eff. June 15, 2001.  Renumbered from Government Code Sec. 552.136 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(76), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 183 (H.B. 1830), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 927 (S.B. 1638), Sec. 5, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 29, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 555 (S.B. 532), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 683 (H.B. 8), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1042 (H.B. 1861), Sec. 1, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.015, eff. September 1, 2019.