87R7829 KEL-D
By: Hughes S.B. No. 1360
A BILL TO BE ENTITLED
AN ACT
relating to notice of a state or federal investigation of alleged
criminal conduct by a student or a faculty member or other
instructor of a public or private institution of higher education
in this state; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.956 to read as follows:
Sec. 51.956. NOTICE OF INVESTIGATION OF CERTAIN CRIMINAL
CONDUCT. (a) This section applies only to an investigation
conducted by a state or federal law enforcement agency with respect
to an allegation of criminal conduct that:
(1) is committed by a student or a faculty member or
other instructor of a public or private institution of higher
education in this state; and
(2) poses a threat to the security of the institution,
of any political subdivision in which the institution is located,
or of this state or nation.
(b) For purposes of this section, criminal conduct poses a
threat to the security of a public or private institution of higher
education, of a political subdivision of this state, or of this
state or nation if the applicable conduct contains elements of any
of the following:
(1) theft of intellectual property;
(2) unauthorized access to sensitive or protected
information such as intellectual property, including a breach of
computer security for purposes of gaining access to that
information; or
(3) espionage conducted on behalf of a foreign
government.
(c) An administrator or department head of a public or
private institution of higher education who learns of an
investigation described by Subsection (a) involving alleged
criminal conduct by a student or faculty member or other instructor
of the institution shall promptly report that information to the
office of the president of the institution. The president shall
promptly report that information to the secretary and presiding
officer of the governing board of the institution.
(d) Not later than the 30th day after the date the presiding
officer of the governing board of a public or private institution of
higher education is notified or otherwise learns of an
investigation as described by Subsection (c), the governing board
shall provide written notice of that investigation to the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the legislature with primary
jurisdiction over higher education matters. The written notice
must contain any information about the investigation that is known
by the presiding officer at the time of the notice, including the
name of the investigating agency and, if known:
(1) the targeted individual's citizenship or permanent
resident status;
(2) the degree of access of the individual to
intellectual property or to other sensitive or protected
information;
(3) any link or affiliation of the individual to or
with a foreign government; and
(4) a description of the nature and possible
seriousness of the allegation.
(e) The name of a targeted individual must be redacted for
purposes of any notice provided under this section.
(f) A public or private institution of higher education
whose governing board fails to timely provide the written notice as
required by Subsection (d) is liable to the state for a civil
penalty in an amount not to exceed $20,000 for each violation. The
attorney general may investigate any alleged violation of this
section and may sue to collect the civil penalty described by this
subsection.
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, 2021.