| 1 | 1 | | 85R29916 MCK-D |
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| 2 | 2 | | By: Seliger S.B. No. 803 |
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| 3 | 3 | | (Martinez) |
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| 4 | 4 | | Substitute the following for S.B. No. 803: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a study on the feasibility of requiring certain |
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| 10 | 10 | | researchers to make research papers available to the public. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 61, Education Code, is |
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| 13 | 13 | | amended by adding Section 61.0666 to read as follows: |
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| 14 | 14 | | Sec. 61.0666. FEASIBILITY STUDY ON COLLECTING PUBLISHED |
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| 15 | 15 | | RESEARCH. (a) This section applies only to a researcher whose |
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| 16 | 16 | | research is funded wholly or partly with: |
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| 17 | 17 | | (1) state money; or |
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| 18 | 18 | | (2) federal money, if the research is conducted in |
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| 19 | 19 | | this state or by an institution of higher education. |
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| 20 | 20 | | (b) The board, in consultation with institutions of higher |
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| 21 | 21 | | education, publishing companies, and any other interested persons |
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| 22 | 22 | | the board considers appropriate, shall study the feasibility of |
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| 23 | 23 | | requiring each researcher to submit to a state agency an electronic |
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| 24 | 24 | | copy of each original research paper by the researcher that is |
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| 25 | 25 | | accepted for publication in a peer-reviewed journal. The study |
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| 26 | 26 | | must examine: |
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| 27 | 27 | | (1) the time requirements for submitting a research |
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| 28 | 28 | | paper; |
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| 29 | 29 | | (2) the manner for making the research paper available |
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| 30 | 30 | | to the public, including posting on an Internet website; |
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| 31 | 31 | | (3) the state agencies that have the resources |
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| 32 | 32 | | necessary to collect research papers and coordinate the |
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| 33 | 33 | | dissemination of the research papers; |
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| 34 | 34 | | (4) federal law requirements on the publication of a |
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| 35 | 35 | | research paper by a researcher whose research is funded with |
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| 36 | 36 | | federal money; |
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| 37 | 37 | | (5) the extent to which submission of the research |
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| 38 | 38 | | paper to a state agency would duplicate existing private-sector |
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| 39 | 39 | | databases and archives of research articles; and |
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| 40 | 40 | | (6) the impact the submission requirement would have |
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| 41 | 41 | | on: |
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| 42 | 42 | | (A) the journal publishers' ability to recover |
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| 43 | 43 | | their financial investments in the review and publication of |
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| 44 | 44 | | research papers, including investments in the peer review process |
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| 45 | 45 | | critical for ensuring the quality and integrity of published |
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| 46 | 46 | | research; |
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| 47 | 47 | | (B) the publishers' ability to exercise |
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| 48 | 48 | | copyright protections related to the research papers; and |
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| 49 | 49 | | (C) the publishing industry and jobs in this |
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| 50 | 50 | | state. |
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| 51 | 51 | | (c) Not later than December 1, 2018, the board shall report |
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| 52 | 52 | | the results of the study, its findings, and any recommendations to |
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| 53 | 53 | | the legislature. |
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| 54 | 54 | | (d) This section expires September 1, 2019. |
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| 55 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2017. |
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