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24-R-145 Adopt Mandated Covered Applications Tiktok PolicyRESOLUTION NO. 24-R-145 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CITY COUNCIL TO ADOPT THE MANDATED COVERED APPLICATIONS AND PROHIBITED TECHNOLOGY, TIKTOK POLICY. WHEREAS, Senate Bill 1893, prohibits the use of certain social media applications and services on governmental entity devices and directs DIR and DPS to develop a model policy for the prohibition of Covered Applications; and WHEREAS, Government Code Chapter 620 requires governmental entities as defined, which includes the City of Schertz, to ban the social media service TikTok (Covered Applications) and any successor application developed by ByteDance; and WHEREAS, City Staff is recommending City Council approved a policy that is consistent with these requirements, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby adopts the City of Schertz Covered Applications and Prohibited Technology Policy as attached per Exhibit "A". Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this LAd-ay of 2024. CITY OF CH 'Z, TEXAS R p u ' e ez, Mayor A: Sheila Edmondson, City Secretary EXHIBIT "A" Adopted Covered Applications and Prohibited Technology Policy City of Schertz Covered Applications and Prohibited Technology Policy Date: October 15, 2024 Version: 1.0 CONTENTS 1.0 Introduction................................................................................................................. 3 1.1 Purpose........................................................................................................................3 1.2 Scope and Application............................................................................................... 3 2.0 Covered Applications Policy for Governmental Entities ................................................. 4 2.1 Scope and Definitions................................................................................................ 4 2.2 Covered Applications on Government -Owned or Leased Devices ..................... 4 2.3 Ongoing and Emerging Technology Threats.......................................................... 5 2.4 Bring Your Own Device Policy.................................................................................. 5 2.5 Covered Application Exceptions............................................................................... 6 3.0 Prohibited Technology Policy for State Agencies (City of Schertz not adopting) .............. 6 4.0 Policy Compliance......................................................................................................... 7 5.0 Policy Review................................................................................................................ 7 z 1.0 INTRODUCTION 1." PURPOSE On December 7, 2022, Governor Greg Abbott required all state agencies to ban the video -sharing application TikTok from all state-owned and state -issued devices and networks over the Chinese Communist Party's ability to use the application for surveilling Texans. Governor Abbott also directed the Texas Department of Public Safety (DPS) and the Texas Department of Information Resources (DIR) to develop a plan providing state agencies guidance on managing personal devices used to conduct state business. Following the issuance of the Governor's directive, the 88th Texas Legislature passed _enatn '. " ' 1,393, which prohibits the use of covered applications on governmental entity devices. As required by the Governor's directive and Senate Bill 1893, this model policy establishes a template that entities subject to the directive or bill may mimic to prohibit the installation or use of covered applications or prohibited technologies on applicable devices. SCOPE AND APPLICATION Due to distinctions in requirements between the Governor's directive and SB 1893, Sections 2 and 3 apply to distinct organizations. Where appropriate, each section will identify the unique entities to whom the section applies and the appropriate definitions. Governmental entities, including local governments, must adopt a covered applications policy as described by ecuun./-u. State agencies to whom the Governor issued his December 7, 2022, directive must adopt a prohibited technology policy as described by To the extent a state agency is also subject to the requirements of Senate Bill 1893, that agency must also adopt a covered applications policy as described by . )ection 2.0. The City of Schertz is not adopting Section 3.0 of the Model Policy for Preventing the Use of Prohibited Technology and Covered Applications. 2.0 COVERED APPLICATIONS POLICY FOR GOVERNMENTAL ENTITIES 2.1 SCOPE AND DEFINITIONF Pursuant to Senate Bill 1893, governmental entities, as defined below, must establish a covered applications policy: • A department, commission, board, office, or other agency that is in the executive or legislative branch of state government and that was created by the constitution or a statute, including an institution of higher education as defined by Education Code Section 61.003. The supreme court, the court of criminal appeals, a court of appeals, a district court, or the Texas Judicial Council or another agency in the judicial branch of state government. A political subdivision of this state, including a municipality, county, or special purpose district. This policy applies to all City of Schertz full- and part-time employees, contractors, paid or unpaid interns, and other users of government networks. All City of Schertz employees are responsible for complying with this policy. A covered application is: • The social media service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited. • A social media application or service specified by proclamation of the governor under Government Code Section 620.005. 2.2 COVERED APPLICATIONS ON GOVERNMENT -OWNED OR LEASED DEVICES Except where approved exceptions apply, the use or installation of covered applications is prohibited on all government -owned or -leased devices, including cell phones, tablets, desktop and laptop computers, and other internet-capable devices. City of Schertz will identify, track, and manage all government -owned or -leased devices including mobile phones, tablets, laptops, desktop computers, or any other internet- capable devices to: 4 a. Prohibit the installation of a covered application. b. Prohibit the use of a covered application. c. Remove a covered application from a government -owned or -leased device that was on the device prior to the passage of S.B. 1893 (88th Leg, R.S.). d. Remove an application from a government -owned or -leased device if the Governor issues a proclamation identifying it as a covered application. City of Schertz will manage all government -owned or leased mobile devices by implementing the security measures listed below: a. Restrict access to "app stores" or unauthorized software repositories to prevent the installation of unauthorized applications. b. Maintain the ability to remotely wipe non -compliant or compromised mobile devices. c. Maintain the ability to remotely uninstall unauthorized software from mobile devices. d. Other Governmental Entity -implemented security measures. ONGOING AND EMERGING TECHNOLOGY THREATS To provide protection against ongoing and emerging technological threats to the government's sensitive information and critical infrastructure, DPS and DIR will regularly monitor and evaluate additional social media applications or services that pose a risk to this state. DIR will annually submit to the Governor a list of social media applications and services identified as posing a risk to Texas. The Governor may proclaim items on this list as covered applications that are subject to this policy. If the Governor identifies an item on the DIR-posted list described by this section, then City of Schertz will remove and prohibit the covered application. City of Schertz may also prohibit social media applications or services in addition to those specified by proclamation of the Governor 2.4 BRING YOUR OWN DEVICE POLICY The City of Schertz has a "Bring Your Own Device" (BYOD) program, and as such the City of Schertz may consider prohibiting the installation or operation of covered applications on employee -owned devices that are used to conduct government business. City of Schertz is not prohibiting the installation or operation of covered applications on employee -owned devices that are used to conduct government business. COVERED APPLICATION EXCEPTIONS City of Schertz may permit exceptions authorizing the installation and use of a covered application on government -owned or -leased devices consistent with the authority provided by Government Code Chapter 620. Government Code Section 620.004 only allows City of Schertz to install and use a covered application on an applicable device to the extent necessary for: (1) Providing law enforcement; or (2) Developing or implementing information security measures. If City of Schertz authorizes an exception allowing for the installation and use of a covered application, City of Schertz must use measures to mitigate the risks posed to the state during the application's used. City of Schertz must document whichever measures it took to mitigate the risks posed to the state during the use of the covered application. City of Schertz is authorizing an exception for law enforcement and Information Technology department for the installation and use of a covered application to mitigate risk posed to the stated during the applications use. City of Schertz has drafted internal measures to document the measures taken to mitigate risks. 3.0 PROHIBITED TECHNOLOGY POLICY FOR STATE AGENCIES (CITY OF SCHERTZ NOT ADOPTING) 11 4.0 POLICY COMPLIANCE All City of Schertz employees shall sign a document annually confirming their understanding of the agency's covered applications and prohibited technology policies. Governmental entities that are subject to Senate Bill 1893 but not subject to the Governor's December 07, 2022, directive may elect not to require employees to complete an annual certification. City of Schertz will verify compliance with this policy through various methods, including but not limited to, IT/security system reports and feedback to leadership. An employee found to have violated this policy may be subject to disciplinary action, including termination of employment. 5.0 POLICY REVIEW This policy will be reviewed annually and updated as necessary to reflect changes in state law, additions to applications identified under Government Code Section 620.006, updates to the prohibited technology list posted to DIR's website, or to suit the needs of City of Schertz.