By: Hall S.B. No. 1583
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting institutions of higher education or
entities receiving public funds from conducting gain of function
research on potentially pandemic pathogens in this state; creating
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) gain of function research was a concern for the
federal government, resulting in a three-year moratorium on the
funding of that research from 2014 to 2017;
(2) the COVID-19 pandemic may have been the result of a
pathogen leak from a secure lab in which gain of function research
was being conducted;
(3) gain of function research, which involves
manipulating potentially pandemic pathogens, poses a biosecurity
vulnerability to this state; and
(4) residents of this state have a right to know the
vulnerabilities posed by gain of function research on pathogens.
SECTION 2. Subtitle H, Title 3, Education Code, is amended
by adding Chapter 158 to read as follows:
CHAPTER 158. RESEARCH INVOLVING POTENTIALLY PANDEMIC PATHOGENS
Sec. 158.001. GENERAL DEFINITIONS. In this chapter:
(1) "Gain of function research" means research that
may reasonably be anticipated to enhance the transmissibility or
virulence of a potentially pandemic pathogen.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
Sec. 158.002. DEFINITION OF POTENTIALLY PANDEMIC PATHOGEN.
(a) In this chapter, "potentially pandemic pathogen" means a
virus, bacteria, fungus or eukaryotic parasite, or any strain or
variant of a virus, bacteria, fungus or eukaryotic parasite, that
is:
(1) likely, moderately, or highly transmissible and
likely capable of wide and uncontrollable spread in human
populations;
(2) likely, moderately, or highly virulent and likely
to cause significant mortality and morbidity in human beings; or
(3) likely to pose a severe threat to public health and
safety, the capacity of public health systems, or the security of
this state if allowed to spread within the general population.
Sec. 158.003. PROHIBITED GAIN OF FUNCTION RESEARCH ON
POTENTIALLY PANDEMIC PATHOGENS. (a) Notwithstanding any other
law, an institution of higher education may not conduct or provide
funding to another entity to conduct gain of function research on
potentially pandemic pathogens.
(b) An institution of higher education that violates this
section is ineligible to receive state funds.
SECTION 3. The heading to Chapter 81, Health and Safety
Code, is amended to read as follows:
CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
HEALTH EMERGENCIES; POTENTIALLY PANDEMIC PATHOGENS
SECTION 4. Chapter 81, Health and Safety Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. REPORT ON RESEARCH INVOLVING POTENTIALLY PANDEMIC
PATHOGENS
Sec. 81.451. DEFINITIONS. In this subchapter:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(2) "Potentially pandemic pathogen" has the meaning
assigned by Section 158.002, Education Code.
Sec. 81.452. REQUIRED REPORT. (a) Each entity, including
an institution of higher education and a private college or
university, or other private entity, that intends to conduct
research on a potentially pandemic pathogen in this state,
regardless of whether the entity will use state money for the
research, shall, at least 90 days before beginning the research,
provide to the department a written report on the intended research
that includes the following information:
(1) the location where the research will be conducted;
(2) the scope, nature, and purpose of the research;
(3) the source of funding for the research;
(4) the identity of the pathogen, including the
strains or variant of the pathogen, that will be used or analyzed in
the research;
(5) the potential impacts the pathogen will have on
the public if released into the general population; and
(6) the measures the entity will take to ensure the
pathogen is not released into the general population.
(b) On the department's request, an entity that submits a
report under Subsection (a) shall provide to the department any
additional information the department determines is necessary for
the department to:
(1) properly inform federal, state, and local
governmental authorities that the research will be conducted; and
(2) ensure adequate response plans and resources are
available in the event a potentially pandemic pathogen is released
into the general population.
(c) If, after reviewing the information the entity submits
under Subsections (a) and (b), the department determines that the
entity's intended research poses a substantial and unjustifiable
risk to public health and safety, the capacity of public health
systems, or the security of this state, the department may:
(1) for research conducted by an institution of higher
education, request the governor to issue an order prohibiting the
research; or
(2) for research conducted by a private college,
university, or other private entity, request the attorney general
to seek an injunction to enjoin the conduct of the research.
Sec. 81.453. CIVIL PENALTY. (a) An entity that fails to
timely submit a report required by Section 81.452 is liable to this
state for a civil penalty in an amount not less than $50,000 or more
than $100,000 for each violation. Each day of a continuing
violation is a separate violation.
(b) The attorney general may investigate an alleged
violation of this section and may sue to collect the civil penalty.
(c) Sovereign or governmental immunity of an institution of
higher education to suit is waived and abolished to the extent of
liability created by this section.
Sec. 81.454. RULES. The executive commissioner shall adopt
the rules necessary to administer this subchapter, including rules
prescribing the form and manner of submitting the report required
by Section 81.452.
SECTION 5. As soon as possible after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Subchapter K, Chapter 81, Health and Safety Code, as added by this
Act.
SECTION 6. This Act takes effect September 1, 2023.