By: Hancock S.R. No. 1064
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 84th
Legislature, Regular Session, 2015, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 1295 (the disclosure of research, research sponsors,
and interested parties by persons contracting with governmental
entities and state agencies) to consider and take action on the
following matter:
Senate Rule 12.03(4) is suspended to permit the committee
to add text on a matter not included in either the house or senate
version of the bill by adding, in SECTION 2 of the bill, proposed
Sections 51.955(b) and (c), Education Code, as follows:
(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.
Explanation: The change is necessary to protect public
safety, certain intellectual property and publication rights,
and certain valuable confidential information and to exempt the
Cancer Prevention and Research Institute of Texas from
disclosure of final data generated or produced in the course of
executing a contract with an institution of higher education.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2015, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate