| 1 | 1 | | By: Parker, et al. S.B. No. 1537 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to measures to prevent espionage and intellectual property |
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| 7 | 7 | | theft at public institutions of higher education. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 51, Education Code, is amended by adding |
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| 10 | 10 | | Subchapter J to read as follows: |
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| 11 | 11 | | SUBCHAPTER J. ESPIONAGE AND INTELLECTUAL PROPERTY THEFT PREVENTION |
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| 12 | 12 | | Sec. 51.501. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Coordinating board" means the Texas Higher |
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| 14 | 14 | | Education Coordinating Board. |
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| 15 | 15 | | (2) "Institution of higher education" has the meaning |
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| 16 | 16 | | assigned by Section 61.003. |
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| 17 | 17 | | Sec. 51.502. DISCLOSURE OF FOREIGN FUNDING. Not later than |
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| 18 | 18 | | September 1 of each year, each institution of higher education |
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| 19 | 19 | | shall submit to the coordinating board a report on the funding |
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| 20 | 20 | | received by the institution from a foreign entity during the |
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| 21 | 21 | | preceding academic year. |
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| 22 | 22 | | Sec. 51.503. PROHIBITION ON ACCEPTING GIFTS, GRANTS, OR |
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| 23 | 23 | | DONATIONS FROM CERTAIN FOREIGN ENTITIES. An institution of higher |
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| 24 | 24 | | education may not accept a gift, grant, or donation from the |
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| 25 | 25 | | government of China or a company or other entity directly or |
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| 26 | 26 | | indirectly controlled by the government of China. |
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| 27 | 27 | | Sec. 51.504. TRAINING ON ESPIONAGE AND INTELLECTUAL |
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| 28 | 28 | | PROPERTY THEFT PREVENTION. (a) Each institution of higher |
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| 29 | 29 | | education shall require each researcher at the institution to |
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| 30 | 30 | | complete training on the prevention of espionage and intellectual |
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| 31 | 31 | | property theft. |
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| 32 | 32 | | (b) The training must include instruction on: |
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| 33 | 33 | | (1) an understanding of the current national security |
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| 34 | 34 | | risks related to espionage and intellectual property theft; |
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| 35 | 35 | | (2) the methods used in espionage and intellectual |
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| 36 | 36 | | property theft; |
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| 37 | 37 | | (3) the signs of espionage and intellectual property |
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| 38 | 38 | | theft; |
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| 39 | 39 | | (4) measures to protect sensitive information and |
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| 40 | 40 | | intellectual property; and |
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| 41 | 41 | | (5) procedures for reporting suspected incidents of |
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| 42 | 42 | | espionage or intellectual property theft. |
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| 43 | 43 | | (c) The training must be provided in conjunction with any |
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| 44 | 44 | | other training required for researchers at the institution of |
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| 45 | 45 | | higher education provided by the institution's information |
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| 46 | 46 | | security office. |
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| 47 | 47 | | Sec. 51.505. REPORTING SYSTEM. Each institution of higher |
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| 48 | 48 | | education shall establish a reporting system for students, faculty, |
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| 49 | 49 | | and staff to report to the institution suspicious activity that may |
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| 50 | 50 | | be related to espionage or intellectual property theft. |
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| 51 | 51 | | Sec. 51.506. RULES. The coordinating board shall adopt |
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| 52 | 52 | | rules necessary to implement this subchapter. |
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| 53 | 53 | | SECTION 2. Not later than September 1, 2024, each public |
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| 54 | 54 | | institution of higher education shall: |
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| 55 | 55 | | (1) submit the initial report required under Section |
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| 56 | 56 | | 51.502, Education Code, as added by this Act; and |
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| 57 | 57 | | (2) ensure that each researcher at the institution has |
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| 58 | 58 | | completed the training required by Section 51.504, Education Code, |
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| 59 | 59 | | as added by this Act. |
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| 60 | 60 | | SECTION 3. This Act takes effect September 1, 2023. |
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