TX
Texas Senate Bill SB1360

Texas 2021 - 87th Regular

Texas Senate Bill SB1360 Compare Versions

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1-By: Hughes, Taylor S.B. No. 1360
2- (In the Senate - Filed March 10, 2021; March 18, 2021, read
3- first time and referred to Committee on Higher Education;
4- May 21, 2021, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 5, Nays 0; May 21, 2021,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1360 By: Springer
1+87R7829 KEL-D
2+ By: Hughes S.B. No. 1360
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
13- relating to notice of certain criminal conduct by a student or
14- employee of a public or private institution of higher education in
15- this state; authorizing a civil penalty.
7+ relating to notice of a state or federal investigation of alleged
8+ criminal conduct by a student or a faculty member or other
9+ instructor of a public or private institution of higher education
10+ in this state; authorizing a civil penalty.
1611 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1712 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1813 amended by adding Section 51.956 to read as follows:
19- Sec. 51.956. NOTICE OF CERTAIN CRIMINAL CONDUCT. (a) This
20- section applies only to criminal conduct that:
21- (1) is committed or alleged to have been committed by a
22- student or employee of a public or private institution of higher
14+ Sec. 51.956. NOTICE OF INVESTIGATION OF CERTAIN CRIMINAL
15+ CONDUCT. (a) This section applies only to an investigation
16+ conducted by a state or federal law enforcement agency with respect
17+ to an allegation of criminal conduct that:
18+ (1) is committed by a student or a faculty member or
19+ other instructor of a public or private institution of higher
2320 education in this state; and
24- (2) poses or could have posed a threat to the security
25- of the institution, of any political subdivision in which the
26- institution is located, or of this state or nation.
27- (b) For purposes of this section, criminal conduct poses or
28- could have posed a threat to the security of a public or private
29- institution of higher education, of a political subdivision of this
30- state, or of this state or nation if the applicable conduct contains
31- elements of any of the following:
32- (1) theft of sensitive or protected intellectual
33- capital;
21+ (2) poses a threat to the security of the institution,
22+ of any political subdivision in which the institution is located,
23+ or of this state or nation.
24+ (b) For purposes of this section, criminal conduct poses a
25+ threat to the security of a public or private institution of higher
26+ education, of a political subdivision of this state, or of this
27+ state or nation if the applicable conduct contains elements of any
28+ of the following:
29+ (1) theft of intellectual property;
3430 (2) unauthorized access to sensitive or protected
35- information such as intellectual capital, including a breach of
31+ information such as intellectual property, including a breach of
3632 computer security for purposes of gaining access to that
3733 information; or
3834 (3) espionage conducted on behalf of a foreign
3935 government.
4036 (c) An administrator or department head of a public or
41- private institution of higher education who learns of a conviction,
42- indictment or other formal criminal charge, or incident of evasion
43- or abscondment occurring with respect to criminal conduct to which
44- this section applies shall promptly report that information to the
37+ private institution of higher education who learns of an
38+ investigation described by Subsection (a) involving alleged
39+ criminal conduct by a student or faculty member or other instructor
40+ of the institution shall promptly report that information to the
4541 office of the president of the institution. The president shall
4642 promptly report that information to the secretary and presiding
4743 officer of the governing board of the institution.
48- (d) Not later than the 30th day after the date the president
49- of a public or private institution of higher education is notified
50- or otherwise learns of information described by Subsection (c), the
51- president shall provide written notice regarding that information
52- to the governor, the lieutenant governor, the speaker of the house
53- of representatives, and the presiding officer of each standing
54- committee of the legislature with primary jurisdiction over higher
55- education matters. Subject to Subsection (e), the written notice
56- must contain any details about the information that are known by the
57- president at the time of the notice, including, if known:
58- (1) the degree of access of the specified individual
59- to sensitive or protected intellectual capital or to other
60- sensitive or protected information;
61- (2) any link or affiliation of the individual to or
62- with a foreign government or an organization affiliated with a
63- foreign government; and
64- (3) a description of the nature and seriousness of the
65- applicable conduct.
66- (e) The information required under Subsection (d) may be
67- limited or redacted at the request of an appropriate investigative,
68- prosecutorial, or judicial entity if that entity determines that
69- the disclosure of that information would impair any pending
70- judicial proceeding, including an appellate proceeding. The name
71- of a suspected individual who has not yet been convicted or charged
72- must be redacted for purposes of any notice provided under this
73- section.
74- (f) The notice is confidential and not subject to disclosure
75- under Chapter 552, Government Code.
76- (g) A public or private institution of higher education
77- whose president fails to timely provide the written notice as
44+ (d) Not later than the 30th day after the date the presiding
45+ officer of the governing board of a public or private institution of
46+ higher education is notified or otherwise learns of an
47+ investigation as described by Subsection (c), the governing board
48+ shall provide written notice of that investigation to the
49+ lieutenant governor, the speaker of the house of representatives,
50+ and each standing committee of the legislature with primary
51+ jurisdiction over higher education matters. The written notice
52+ must contain any information about the investigation that is known
53+ by the presiding officer at the time of the notice, including the
54+ name of the investigating agency and, if known:
55+ (1) the targeted individual's citizenship or permanent
56+ resident status;
57+ (2) the degree of access of the individual to
58+ intellectual property or to other sensitive or protected
59+ information;
60+ (3) any link or affiliation of the individual to or
61+ with a foreign government; and
62+ (4) a description of the nature and possible
63+ seriousness of the allegation.
64+ (e) The name of a targeted individual must be redacted for
65+ purposes of any notice provided under this section.
66+ (f) A public or private institution of higher education
67+ whose governing board fails to timely provide the written notice as
7868 required by Subsection (d) is liable to the state for a civil
7969 penalty in an amount not to exceed $20,000 for each violation. The
8070 attorney general may investigate any alleged violation of this
8171 section and may sue to collect the civil penalty described by this
8272 subsection.
8373 SECTION 2. This Act takes effect immediately if it receives
8474 a vote of two-thirds of all the members elected to each house, as
8575 provided by Section 39, Article III, Texas Constitution. If this
8676 Act does not receive the vote necessary for immediate effect, this
8777 Act takes effect September 1, 2021.
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