83R7311 KEL-D
By: Rodriguez S.B. No. 1038
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure by public institutions of higher
education of the identity of private sponsors of certain research.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.955 to read as follows:
Sec. 51.955. DISCLOSURE IN PUBLICATIONS OF PRIVATE SPONSORS
OF RESEARCH. (a) An institution of higher education that publishes
the results of the institution's privately sponsored research shall
conspicuously disclose the identity of each sponsor in the
publication.
(b) An institution of higher education shall require any
entity publishing the results of the institution's privately
sponsored research to enter into an agreement stating that the
publication may identify the institution as the producer of the
research only if the entity conspicuously discloses in the
publication the identity of each sponsor of the research.
(c) This section does not apply to:
(1) research in the humanities or social sciences;
(2) a sponsor that is a governmental entity; or
(3) a sponsor that is a recipient of a research
contract or grant from the federal government if funds under that
contract or grant that are passed through to the institution of
higher education are the only funds provided by the sponsor for the
research.
(d) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Privately sponsored research" means research
conducted by a faculty member or other appointee or employee of an
institution of higher education under a contract with or a grant
from an individual, a for-profit or nonprofit corporation, or a
foundation in which:
(A) payments under the contract or grant funding
the research, or under more than one such contract or grant funding
the research, constitute at least 50 percent of the cost of
conducting the research; or
(B) under the contract or grant, the individual,
corporation, or foundation has authority to approve any of the
following:
(i) the research study design;
(ii) the collection, analysis, and
interpretation of data;
(iii) the writing of any report of the
research results; or
(iv) the decision to submit the report to a
scholarly journal or other substantive publication.
(3) "Publication" means the communication of
information to the public in printed text, including electronic
text posted on a website, bulletin board, or similar Internet host
for information.
(4) "Sponsor" means an individual, corporation, or
foundation that contracts for or provides a grant for privately
sponsored research.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.