H.B. No. 1295
AN ACT
relating to the disclosure of research, research sponsors, and
interested parties by persons contracting with governmental
entities and state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.954 to read as follows:
Sec. 51.954. DISCLOSURE OF SPONSORS OF RESEARCH IN PUBLIC
COMMUNICATIONS. (a) In any public communication the content of
which is based on the results of sponsored research, a faculty
member or other employee or appointee of an institution of higher
education who conducted or participated in conducting the research
shall conspicuously disclose the identity of each sponsor of the
research.
(b) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Public communication" means oral or written
communication intended for public consumption or distribution,
including:
(A) testimony in a public administrative,
legislative, regulatory, or judicial proceeding;
(B) printed matter including a magazine,
journal, newsletter, newspaper, pamphlet, or report; or
(C) posting of information on a website or
similar Internet host for information.
(3) "Sponsor" means an entity that contracts for or
provides money or materials for research.
(4) "Sponsored research" means research:
(A) that is conducted under a contract with or a
grant from an individual or entity, other than the institution
conducting the research, for the purpose of the research; and
(B) in which payments received or the value of
materials received under that contract or grant, or under a
combination of more than one such contract or grant, constitutes at
least 50 percent of the cost of conducting the research.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.955 to read as follows:
Sec. 51.955. PROHIBITED STATE AGENCY ACTIONS RELATED TO
DISCLOSURE OF PUBLICLY FUNDED RESEARCH. (a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003.
(b) A state agency that expends appropriated funds may not:
(1) enter into a research contract with an institution
of higher education if that contract contains a provision
precluding public disclosure of any final data generated or
produced in the course of executing the contract unless the agency
reasonably determines that the premature disclosure of such data
would adversely affect public safety, the protection of
intellectual property rights of the institution of higher
education, publication rights in professional scientific
publications, or valuable confidential information of the
institution of higher education or a third party; or
(2) adopt a rule that is based on research conducted
under a contract entered into with an institution of higher
education unless the agency:
(A) has made the results of the research and all
data supporting the research publicly available; or
(B) reasonably determines that the premature
disclosure of such data would adversely affect public safety, the
protection of intellectual property rights of the institution of
higher education, publication rights in professional scientific
publications, or valuable confidential information of the
institution of higher education or a third party.
(c) Subsection (b)(1) does not apply to a research contract
between an institution of higher education and the Cancer
Prevention and Research Institute of Texas.
(d) A response to a request for information regarding
research described by Subsection (b) must be made in accordance
with Chapter 552, Government Code.
(e) This section does not require the public disclosure of
personal identifying information or any other information the
disclosure of which is otherwise prohibited by law.
SECTION 3. Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.908 to read as follows:
Sec. 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) In
this section:
(1) "Business entity" means any entity recognized by
law through which business is conducted, including a sole
proprietorship, partnership, or corporation.
(2) "Governmental entity" means a municipality,
county, public school district, or special-purpose district or
authority.
(3) "Interested party" means a person who has a
controlling interest in a business entity with whom a governmental
entity or state agency contracts or who actively participates in
facilitating the contract or negotiating the terms of the contract,
including a broker, intermediary, adviser, or attorney for the
business entity.
(4) "State agency" means a board, commission, office,
department, or other agency in the executive, judicial, or
legislative branch of state government. The term includes an
institution of higher education as defined by Section 61.003,
Education Code.
(b) This section applies only to a contract of a
governmental entity or state agency that:
(1) requires an action or vote by the governing body of
the entity or agency before the contract may be signed; or
(2) has a value of at least $1 million.
(c) Notwithstanding Subsection (b), this section does not
apply to:
(1) a sponsored research contract of an institution of
higher education;
(2) an interagency contract of a state agency or an
institution of higher education; or
(3) a contract related to health and human services
if:
(A) the value of the contract cannot be
determined at the time the contract is executed; and
(B) any qualified vendor is eligible for the
contract.
(d) A governmental entity or state agency may not enter into
a contract described by Subsection (b) with a business entity
unless the business entity, in accordance with this section and
rules adopted under this section, submits a disclosure of
interested parties to the governmental entity or state agency at
the time the business entity submits the signed contract to the
governmental entity or state agency.
(e) The disclosure of interested parties must be submitted
on a form prescribed by the Texas Ethics Commission that includes:
(1) a list of each interested party for the contract of
which the contracting business entity is aware; and
(2) the signature of the authorized agent of the
contracting business entity, acknowledging that the disclosure is
made under oath and under penalty of perjury.
(f) Not later than the 30th day after the date the
governmental entity or state agency receives a disclosure of
interested parties required under this section, the governmental
entity or state agency shall submit a copy of the disclosure to the
Texas Ethics Commission.
(g) The Texas Ethics Commission shall adopt rules necessary
to implement this section, prescribe the disclosure of interested
parties form, and post a copy of the form on the commission's
Internet website.
SECTION 4. (a) Not later than December 1, 2015, the Texas
Ethics Commission shall adopt the rules, prescribe the disclosure
of interested parties form, and post the form on the commission's
Internet website as required by Section 2252.908, Government Code,
as added by this Act.
(b) Section 2252.908, Government Code, as added by this Act,
applies only to a contract entered into on or after January 1, 2016.
SECTION 5. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1295 was passed by the House on May
11, 2015, by the following vote: Yeas 135, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1295 on May 28, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1295 on May 31, 2015, by the following vote: Yeas 144,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1295 was passed by the Senate, with
amendments, on May 25, 2015, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1295 on May 31, 2015, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor