TikTok, TikTok, . . . Time is Running Out
Do you remember back in 2023 when the Texas Legislature banned the use of certain social media applications on government devices? Senate Bill 1893 added Chapter 620 to the Texas Government Code to require certain governmental entities to adopt policies that prohibit the installation of certain social media applications on government-owned and -leased devices and that require removal of those applications on such devices.
The stated purpose of the bill was to increase the security of confidential or private information that could potentially be collected by social media providers on government devices and provided to foreign governments, as well as to reduce security risk to state’s sensitive information and critical infrastructure. Texas Government Code Section 620.002.
It may seem like Senate Bill 1893 passed forever ago, but the deadline for compliance is here. Although the bill was effective September 1, 2023, the governmental policy requirement deadline was made effective 60 days after the release of the model policy required by Texas Government Code Section 620.003. The model policy was made available to the public on September 16, 2024; therefore, all included governmental entities must adopt their policies by November 20, 2024.
What governmental entities are included?
Texas Government Code Section 620.001(2) defines a “governmental entity” to include:
- State governmental entities, including institution of higher education
- Texas courts and judicial branch agencies
- Political subdivisions of the state, including
- Cities
- Counties
- Special purpose districts
What social media applications are prohibited?
A “covered application” is defined by Texas Government Code Section 620.001(1)(A) to include TikTok, and any applications or services developed or provided by Chinese technology company ByteDance Limited. Additionally, pursuant to Section 620.001(1)(B) a “covered application” may be specified by proclamation by the governor as provided in Section 620.005. The law goes further to allow the Texas Department of Information Resources and the Texas Department of Public Safety to jointly provide a list of covered applications and prohibited technologies that are updated and published online annually. Texas Government Code Section 620.006.
What does the law require the policy to include?
The Covered Applications and Prohibited Technology Policy must include provisions that:
- Prohibit the installation of a covered application.
- Prohibit the use of a covered application.
- Require removal of a covered application from a government-owned or -leased device that was on the device prior to the passage of Senate Bill 1893.
- Require removal of an application from a government-owned or -leased device if the Governor issues a proclamation identifying it as a covered application.
The good news is that the law required the Texas Department of Information Resources and the Texas Department of Public Safety to jointly develop a model policy and guidance to assist government entities in developing their policies. The model policy and guidance were released on September 16, 2024.
Are there any exceptions?
Yes, Senate Bill 1893 and the model policy allow governmental entities to allow the installation of a covered application to the extent it is necessary for law enforcement purposes and for developing or implementing information security measures. Texas Government Code Section 620.004.
In summary, all cities, counties, and special purpose districts need to develop policies that meet the requirements of S.B. 1893 to prohibit the use of TikTok and other applications on government devices. Model guidance should serve as an excellent starting point, but good legal counsel can help tailor the policy to the needs of the entity.
Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.
