Texas 2023 - 88th Regular

Texas Senate Bill SB1583 Compare Versions

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1	1	By: Hall S.B. No. 1583
2	2	(In the Senate - Filed March 3, 2023; March 16, 2023, read
3	3	first time and referred to Committee on State Affairs; March 20, 2023,
4	4	rereferred to Committee on Health & Human Services; April 3, 2023,
5	5	reported adversely, with favorable Committee Substitute by the
6	6	following vote: Yeas 7, Nays 2; April 3, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1583 By: Perry
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to restricting research on potentially pandemic pathogens
14	14	in this state; creating a civil penalty.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. The legislature finds that:
17	17	(1) gain of function research was a concern for the
18	18	federal government, resulting in a three-year moratorium on the
19	19	funding of that research from 2014 to 2017;
20	20	(2) the COVID-19 pandemic may have been the result of a
21	21	pathogen leak from a secure lab in which gain of function research
22	22	was being conducted;
23	23	(3) gain of function research, which involves
24	24	manipulating potentially pandemic pathogens, poses a biosecurity
25	25	vulnerability to this state; and
26	26	(4) residents of this state have a right to know the
27	27	vulnerabilities posed by gain of function research on pathogens.
28	28	SECTION 2. Subtitle H, Title 3, Education Code, is amended
29	29	by adding Chapter 158 to read as follows:
30	30	CHAPTER 158. RESEARCH INVOLVING POTENTIALLY PANDEMIC PATHOGENS
31	31	Sec. 158.001. DEFINITIONS. In this chapter:
32	32	(1) "Gain of function research" means research that
33	33	may reasonably be anticipated to enhance the transmissibility or
34	34	virulence of a potentially pandemic pathogen.
35	35	(2) "Institution of higher education" has the meaning
36	36	assigned by Section 61.003.
37	37	(3) "Potentially pandemic pathogen" means a virus,
38	38	bacteria, fungus, or eukaryotic parasite, or any strain or variant
39	39	of a virus, bacteria, fungus, or eukaryotic parasite, that is:
40	40	(A) likely, moderately, or highly transmissible
41	41	and likely capable of wide and uncontrollable spread in human
42	42	populations;
43	43	(B) likely, moderately, or highly virulent and
44	44	likely to cause significant mortality and morbidity in human
45	45	beings; or
46	46	(C) likely to pose a severe threat to public
47	47	health and safety, the capacity of public health systems, or the
48	48	security of this state if allowed to spread within the general
49	49	population.
50	50	Sec. 158.002. PROHIBITED GAIN OF FUNCTION RESEARCH ON
51	51	POTENTIALLY PANDEMIC PATHOGENS. (a) Notwithstanding any other
52	52	law, an institution of higher education may not conduct or provide
53	53	funding to another entity to conduct gain of function research on
54	54	potentially pandemic pathogens.
55	55	(b) An institution of higher education that violates this
56	56	section is ineligible to receive state funds.
57	57	SECTION 3. The heading to Chapter 81, Health and Safety
58	58	Code, is amended to read as follows:
59	59	CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
60	60	HEALTH EMERGENCIES; POTENTIALLY PANDEMIC PATHOGENS
61	61	SECTION 4. Chapter 81, Health and Safety Code, is amended by
62	62	adding Subchapter K to read as follows:
63	63	SUBCHAPTER K. REPORT ON RESEARCH INVOLVING POTENTIALLY PANDEMIC
64	64	PATHOGENS
65	65	Sec. 81.451. DEFINITIONS. In this subchapter:
66	66	(1) "Institution of higher education" has the meaning
67	67	assigned by Section 61.003, Education Code.
68	68	(2) "Potentially pandemic pathogen" has the meaning
69	69	assigned by Section 158.001, Education Code.
70	70	Sec. 81.452. REQUIRED REPORT. (a) Each entity, including
71	71	an institution of higher education and a private college or
72	72	university, that intends to conduct research on a potentially
73	73	pandemic pathogen in this state, regardless of whether the entity
74	74	will use state money for the research, shall, at least 90 days
75	75	before beginning the research, provide to the department a written
76	76	report on the intended research that includes the following
77	77	information:
78	78	(1) the location where the research will be conducted;
79	79	(2) the scope, nature, and purpose of the research;
80	80	(3) the source of funding for the research;
81	81	(4) the identity of the pathogen, including the
82	82	strains or variant of the pathogen, that will be used or analyzed in
83	83	the research;
84	84	(5) the potential impacts the pathogen will have on
85	85	the public if released into the general population; and
86	86	(6) the measures the entity will take to ensure the
87	87	pathogen is not released into the general population.
88	88	(b) On the department's request, an entity that submits a
89	89	report under Subsection (a) shall provide to the department any
90	90	additional information the department determines is necessary for
91	91	the department to:
92	92	(1) properly inform federal, state, and local
93	93	governmental authorities that the research will be conducted; and
94	94	(2) ensure adequate response plans and resources are
95	95	available in the event a potentially pandemic pathogen is released
96	96	into the general population.
97	97	(c) If, after reviewing the information the entity submits
98	98	under Subsections (a) and (b), the department determines that the
99	99	entity's intended research poses a substantial and unjustifiable
100	100	risk to public health and safety, the capacity of public health
101	101	systems, or the security of this state, the department may:
102	102	(1) for research conducted by an institution of higher
103	103	education, request the governor to issue an order prohibiting the
104	104	research; or
105	105	(2) for research conducted by a private college,
106	106	university, or other private entity, request the attorney general
107	107	to seek an injunction to enjoin the conduct of the research.
108	108	Sec. 81.453. CIVIL PENALTY. (a) An entity that fails to
109	109	timely submit a report required by Section 81.452 is liable to this
110	110	state for a civil penalty in an amount not less than $50,000 or more
111	111	than $100,000 for each violation. Each day of a continuing
112	112	violation is a separate violation.
113	113	(b) The attorney general may investigate an alleged
114	114	violation of this section and may sue to collect the civil penalty.
115	115	(c) Sovereign or governmental immunity of an institution of
116	116	higher education to suit is waived and abolished to the extent of
117	117	liability created by this section.
118	118	Sec. 81.454. RULES. The executive commissioner shall adopt
119	119	the rules necessary to administer this subchapter, including rules
120	120	prescribing the form and manner of submitting the report required
121	121	by Section 81.452.
122	122	SECTION 5. As soon as possible after the effective date of
123	123	this Act, the executive commissioner of the Health and Human
124	124	Services Commission shall adopt rules necessary to implement
125	125	Subchapter K, Chapter 81, Health and Safety Code, as added by this
126	126	Act.
127	127	SECTION 6. This Act takes effect September 1, 2023.
128	128	* * * * *