| 1 | 1 | | S.B. No. 1565 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to requiring the establishment of policy frameworks for |
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| 6 | 6 | | research security at public institutions of higher education. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 9 | 9 | | amended by adding Section 51.956 to read as follows: |
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| 10 | 10 | | Sec. 51.956. POLICY FRAMEWORK FOR RESEARCH SECURITY. (a) |
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| 11 | 11 | | In this section, "governing board," "institution of higher |
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| 12 | 12 | | education," and "university system" have the meanings assigned by |
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| 13 | 13 | | Section 61.003. |
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| 14 | 14 | | (b) The governing board of each institution of higher |
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| 15 | 15 | | education shall establish a policy framework that promotes secure |
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| 16 | 16 | | academic research at the institution while mitigating the risk of |
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| 17 | 17 | | foreign espionage and interference. The governing board of a |
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| 18 | 18 | | university system must establish a separate policy framework for |
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| 19 | 19 | | each institution of higher education under the governing board's |
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| 20 | 20 | | management and control. |
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| 21 | 21 | | (c) The policy framework must address: |
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| 22 | 22 | | (1) achieving the highest level of compliance with |
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| 23 | 23 | | applicable ethical, legal, regulatory, contractual, and system |
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| 24 | 24 | | standards and requirements for securing and protecting the |
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| 25 | 25 | | institution's research portfolios; |
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| 26 | 26 | | (2) promoting within the institution an |
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| 27 | 27 | | organizational culture of compliance with federal requirements to |
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| 28 | 28 | | ensure the institution maintains eligibility for federal funding; |
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| 29 | 29 | | and |
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| 30 | 30 | | (3) designating a person to serve as a research |
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| 31 | 31 | | security officer responsible for maintaining classified |
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| 32 | 32 | | information, maintaining controlled unclassified information, |
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| 33 | 33 | | conducting foreign influence reporting, and addressing other |
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| 34 | 34 | | issues at the institution associated with the goals of the policy |
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| 35 | 35 | | framework. |
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| 36 | 36 | | (d) For purposes of designating a person to serve as a |
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| 37 | 37 | | research security officer under Subsection (c)(3), the governing |
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| 38 | 38 | | board of a university system may designate a person to serve in an |
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| 39 | 39 | | institutional or system-wide capacity. |
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| 40 | 40 | | (e) A person designated to serve as a research security |
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| 41 | 41 | | officer under Subsection (c)(3) shall attend the annual academic |
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| 42 | 42 | | security and counter exploitation program seminar offered by Texas |
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| 43 | 43 | | A&M University. |
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| 44 | 44 | | SECTION 2. As soon as practicable after the effective date |
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| 45 | 45 | | of this Act, the governing board of each public institution of |
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| 46 | 46 | | higher education shall establish the policy framework for research |
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| 47 | 47 | | security required under Section 51.956, Education Code, as added by |
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| 48 | 48 | | this Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 50 | 50 | | ______________________________ ______________________________ |
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| 51 | 51 | | President of the Senate Speaker of the House |
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| 52 | 52 | | I hereby certify that S.B. No. 1565 passed the Senate on |
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| 53 | 53 | | April 27, 2023, by the following vote: Yeas 31, Nays 0. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Secretary of the Senate |
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| 56 | 56 | | I hereby certify that S.B. No. 1565 passed the House on |
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| 57 | 57 | | May 24, 2023, by the following vote: Yeas 136, Nays 2, one |
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| 58 | 58 | | present not voting. |
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| 59 | 59 | | ______________________________ |
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| 60 | 60 | | Chief Clerk of the House |
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| 61 | 61 | | Approved: |
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| 62 | 62 | | ______________________________ |
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| 63 | 63 | | Date |
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| 64 | 64 | | ______________________________ |
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| 65 | 65 | | Governor |
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