| 1 | 1 | | By: Hancock S.R. No. 1064 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE RESOLUTION |
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| 5 | 5 | | BE IT RESOLVED by the Senate of the State of Texas, 84th |
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| 6 | 6 | | Legislature, Regular Session, 2015, That Senate Rule 12.03 be |
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| 7 | 7 | | suspended in part as provided by Senate Rule 12.08 to enable the |
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| 8 | 8 | | conference committee appointed to resolve the differences on |
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| 9 | 9 | | House Bill 1295 (the disclosure of research, research sponsors, |
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| 10 | 10 | | and interested parties by persons contracting with governmental |
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| 11 | 11 | | entities and state agencies) to consider and take action on the |
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| 12 | 12 | | following matter: |
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| 13 | 13 | | Senate Rule 12.03(4) is suspended to permit the committee |
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| 14 | 14 | | to add text on a matter not included in either the house or senate |
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| 15 | 15 | | version of the bill by adding, in SECTION 2 of the bill, proposed |
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| 16 | 16 | | Sections 51.955(b) and (c), Education Code, as follows: |
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| 17 | 17 | | (b) A state agency that expends appropriated funds may |
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| 18 | 18 | | not: |
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| 19 | 19 | | (1) enter into a research contract with an |
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| 20 | 20 | | institution of higher education if that contract contains a |
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| 21 | 21 | | provision precluding public disclosure of any final data |
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| 22 | 22 | | generated or produced in the course of executing the contract |
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| 23 | 23 | | unless the agency reasonably determines that the premature |
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| 24 | 24 | | disclosure of such data would adversely affect public safety, the |
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| 25 | 25 | | protection of intellectual property rights of the institution of |
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| 26 | 26 | | higher education, publication rights in professional scientific |
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| 27 | 27 | | publications, or valuable confidential information of the |
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| 28 | 28 | | institution of higher education or a third party; or |
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| 29 | 29 | | (2) adopt a rule that is based on research conducted |
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| 30 | 30 | | under a contract entered into with an institution of higher |
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| 31 | 31 | | education unless the agency: |
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| 32 | 32 | | (A) has made the results of the research and |
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| 33 | 33 | | all data supporting the research publicly available; or |
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| 34 | 34 | | (B) reasonably determines that the premature |
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| 35 | 35 | | disclosure of such data would adversely affect public safety, the |
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| 36 | 36 | | protection of intellectual property rights of the institution of |
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| 37 | 37 | | higher education, publication rights in professional scientific |
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| 38 | 38 | | publications, or valuable confidential information of the |
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| 39 | 39 | | institution of higher education or a third party. |
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| 40 | 40 | | (c) Subsection (b)(1) does not apply to a research |
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| 41 | 41 | | contract between an institution of higher education and the |
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| 42 | 42 | | Cancer Prevention and Research Institute of Texas. |
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| 43 | 43 | | Explanation: The change is necessary to protect public |
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| 44 | 44 | | safety, certain intellectual property and publication rights, |
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| 45 | 45 | | and certain valuable confidential information and to exempt the |
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| 46 | 46 | | Cancer Prevention and Research Institute of Texas from |
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| 47 | 47 | | disclosure of final data generated or produced in the course of |
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| 48 | 48 | | executing a contract with an institution of higher education. |
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| 49 | 49 | | _______________________________ |
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| 50 | 50 | | President of the Senate |
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| 51 | 51 | | I hereby certify that the |
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| 52 | 52 | | above Resolution was adopted by |
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| 53 | 53 | | the Senate on May 31, 2015, by the |
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| 54 | 54 | | following vote: Yeas 31, Nays 0. |
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| 55 | 55 | | _______________________________ |
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| 56 | 56 | | Secretary of the Senate |
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