Legal Update: Prohibited Applications Policy for Governmental Entities upcoming deadline 11/20

Senate Bill 1893, which was passed last legislative session and codified into law under Texas Government Code Chapter 620, requires a governmental entity to adopt a policy prohibiting the installation or use of a covered application on any device owned or leased by the governmental entity and requiring the removal of covered applications from those devices. The law aims to protect the state’s sensitive information and critical infrastructure from potential security risks associated with these applications.

“Covered applications” include the social media service TikTok and any applications or services developed by the Chinese technology company, ByteDance, as well as any other social media applications or services identified by Governor’s proclamation. “Governmental entities” include state agencies, the judicial branch, and political subdivisions including municipalities, counties, or special purpose districts.

The Texas Department of Information Resources (DIR) has published a model policy for governmental entities which fulfills the requirements of Government Code Chapter 620 regarding the installation and use of prohibited technologies on personal devices used to conduct government business. The model policy is available through DIR’s website at: Model Policy for Preventing Use of Prohibited Technology and Covered Applications.

Takeaways for Governmental Entities:

Covered entities should review relevant policies such as social media, information technology resources, and computer use policies to ensure that the requirements of Government Code Chapter 620 are met. This may involve updating those policies and/or adopting the model policy provided by DIR.

Governmental entities must adopt a policy that meets these legal requirements by November 20, 2024.  State agencies are still subject to the Governor’s December 7, 2022, directive, prohibiting officers and employees from downloading or using TikTok on any of its government-issued devices. DIR has also provided on its website a model prohibited technology policy for state agencies to continue compliance with the Governor’s directive.

If you have any questions related to this announcement or other employment law matters, contact Marc Cayabyab at 512.322.5879 or mcayabyab@lglawfirm.com, or the Lloyd Gosselink attorney whom you regularly work with.