89R4470 LRM-D
By: Hefner H.B. No. 118
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and powers and duties of the Texas
Advisory Committee on Pacific Conflict.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Government Code, is amended
by adding Chapter 438 to read as follows:
CHAPTER 438. TEXAS ADVISORY COMMITTEE ON PACIFIC CONFLICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 438.001. SHORT TITLE. This chapter may be cited as the
Texas Pacific Conflict Stress Test Act.
Sec. 438.002. POLICY STATEMENT. (a) It is the policy of
this state to support the civilian and military command of the
United States and its efforts to promote and maintain prosperity,
peace, and security for the United States and its allies. It is the
policy of this state to enhance the defensive posture of this state,
to protect the citizens and assets of this state, and to contribute
to the broader defensive posture of the United States by reducing
security vulnerabilities within this state.
(b) It is the policy of this state to exercise foresight and
make reasonable preparations for a potential conflict centered in
the Pacific Ocean region which could:
(1) involve attacks on the United States and its
allies in the Pacific Ocean region;
(2) involve asymmetrical attacks on the United States
homeland; and
(3) cause the disruption or complete severing of
supply chains between this state and the People's Republic of
China, the Republic of China, or other countries in the Pacific
Ocean region.
Sec. 438.003. DEFINITIONS. In this chapter:
(1) "Advisory committee" means the Texas Advisory
Committee on Pacific Conflict established under this chapter.
(2) "Critical infrastructure" means a publicly or
privately owned system or asset, whether physical or virtual, so
vital to this state or to the United States that the incapacity or
destruction of the system or asset would have a debilitating impact
on state or national security, state or national economic security,
state or national public health, or any combination of these, and
includes:
(A) an oil and gas production, storage, or
delivery system;
(B) a water supply, refinement, storage, or
delivery system;
(C) a communications network;
(D) an electrical power delivery system;
(E) an emergency service system;
(F) a transportation system or service;
(G) a personal data or classified information
storage system, including a cybersecurity system; or
(H) a military installation.
(3) "Critical procurement" means a purchase made by a
state agency, a political subdivision of this state, or a private
nongovernmental organization that is critical to the proper
functioning of state services, state operations, or the operations
of this state's critical infrastructure, or the health, safety, or
security of this state's citizens.
(4) "Pacific conflict" means:
(A) a declared war or armed conflict between the
United States or any of its allies and another nation that occurs in
the land, air, or sea of the Pacific Ocean region and threatens or
could reasonably escalate to threaten the supply chains, critical
infrastructure, safety, or security of this state or the United
States; or
(B) a significant deterioration of diplomatic
ties or economic engagement between the United States or its allies
and another nation that threatens the status quo of trade, travel,
and military operations or exercises in the Pacific Ocean region.
(5) "State supply chain" means the end-to-end process
for shipping goods purchased by a state agency or a political
subdivision of this state to the state agency or political
subdivision, beginning at the point of origin through any point of
distribution, including through vendors, to the destination.
(6) "Texas National Guard" has the meaning assigned by
Section 437.001.
SUBCHAPTER B. ADVISORY COMMITTEE
Sec. 438.101. ESTABLISHMENT OF TEXAS ADVISORY COMMITTEE ON
PACIFIC CONFLICT. The Texas Advisory Committee on Pacific Conflict
is established to:
(1) develop state security strategies and policies
before a Pacific conflict occurs; and
(2) collect and prepare information to assist in
enhancing this state's command-and-control functions in the event
of a conflict described by Subdivision (1).
Sec. 438.102. ADVISORY COMMITTEE COMPOSITION AND
ADMINISTRATION. (a) The advisory committee consists of the
following nine members:
(1) one member appointed by the governor;
(2) a representative of the Texas National Guard,
appointed by the governor;
(3) two members appointed by the lieutenant governor;
(4) two members appointed by the speaker of the house
of representatives;
(5) the adjutant general or the adjutant general's
designee;
(6) the public safety director or the public safety
director's designee; and
(7) the chief of the Texas Division of Emergency
Management or the chief's designee.
(b) In making appointments to the advisory committee, the
governor, lieutenant governor, and speaker of the house of
representatives shall appoint individuals who have applicable
knowledge of the threats posed to this state in the event of a
Pacific conflict.
Sec. 438.103. TERMS; VACANCY. (a) Except as provided by
Subsection (b), the appointed advisory committee members shall
serve for a term of two years.
(b) Subsection (a) does not apply to the advisory committee
members redescribed by Sections 438.102(a)(5), (6), and (7).
(c) If a vacancy occurs on the advisory committee, the
appropriate appointing authority shall appoint a successor in the
same manner as the original appointment.
Sec. 438.104. ADVISORY COMMITTEE OFFICERS. (a) The member
appointed by the governor under Section 438.102(a)(1) shall serve
as chair of the advisory committee and must have applicable
knowledge of the threats posed to this state in the event of a
Pacific conflict and the research and leadership experience to
competently and comprehensively perform the advisory committee's
duties.
(b) The lieutenant governor shall designate one appointee
to serve as vice chair of the advisory committee.
(c) The advisory committee may elect additional officers
from among its members.
(d) The advisory committee shall establish and approve
duties and responsibilities for advisory committee officers.
Sec. 438.105. REIMBURSEMENT FOR EXPENSES. A member of the
advisory committee is not entitled to compensation for service on
the committee but is entitled to reimbursement for actual and
necessary expenses incurred in performing committee duties as
provided by the General Appropriations Act.
Sec. 438.106. MEETINGS. (a) The advisory committee shall
meet at least once every three months, with additional meetings on
the call of:
(1) a majority of the members of the advisory
committee; or
(2) the governor.
(b) Advisory committee meetings are not subject to Chapter
551.
Sec. 438.107. GIFTS AND GRANTS. The advisory committee may
accept gifts, grants, and donations to pay for the advisory
committee's activities under this chapter.
SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY COMMITTEE
Sec. 438.201. GENERAL POWERS. (a) The advisory committee
may consult with and retain external advisors to provide expertise
and collaborative research support.
(b) The advisory committee may conduct field
investigations, hold hearings, receive testimony in any form,
consult with federal and state officials, and otherwise take any
lawful action to carry out the purposes of the advisory committee.
Sec. 438.202. TABLETOP EXERCISE; REPORT. (a) The advisory
committee, with assistance from the Texas National Guard, shall
conduct a tabletop exercise centered on an invasion of the Republic
of China by the People's Republic of China. The exercise must
explore the following scenarios:
(1) a scenario that would result in aggression against
the armed forces of the United States in the Pacific Ocean region;
and
(2) a scenario that would involve intentional or
incidental damage to a state supply chain, a critical
infrastructure facility, or another asset.
(b) The advisory committee shall produce and submit to the
governor a report describing how a Pacific conflict would impact
this state not later than May 29, 2026. The advisory committee may
request additional tabletop exercise reports following the initial
report.
Sec. 438.203. SUPPLY CHAINS AND TECHNOLOGICAL SECURITY
AUDIT. (a) The advisory committee, with assistance from the
adjutant general, shall investigate critical procurements supplied
through a state supply chain that would be disrupted in the event of
a Pacific conflict.
(b) The advisory committee shall produce and submit a report
of the committee's findings to the governor not later than May 29,
2026.
(c) The initial report must:
(1) identify all critical procurements produced in or
by a foreign adversary, a state-owned enterprise of a foreign
adversary, a company domiciled within the territory of a foreign
adversary, or a company owned by a company domiciled within the
territory of a foreign adversary, or substantially sourced from an
entity described by this subdivision;
(2) identify all critical procurements manufactured
in countries, or by companies, at risk of disruption in the event of
a Pacific conflict;
(3) identify all critical procurements sourced from
any country or company that relies on a supply chain at risk of
disruption in the event of a Pacific conflict;
(4) recommend alternative sourcing strategies for
critical procurements, if available;
(5) highlight the difficulty in identifying potential
alternative sourcing for critical procurements, if relevant; and
(6) specify the level of risk to this state associated
with a disruption described by Subdivision (2) or (3) in supply
chain sourcing for each critical procurement that is threatened in
the event of the disruption.
(d) The advisory committee may conduct additional
investigations following the initial report.
Sec. 438.204. CRITICAL INFRASTRUCTURE PROTECTION. (a) The
advisory committee shall investigate potential threats to critical
infrastructure in this state in the event of a Pacific conflict.
(b) The advisory committee shall produce and submit to the
governor a report of the committee's findings not later than May 29,
2026.
(c) The initial report must:
(1) identify all critical infrastructure and other
assets within this state that could reasonably be targeted in a
malicious act by a foreign adversary in the event of a Pacific
conflict and would result in a significant negative impact on the
public health, safety, economic security, or physical security of
this state's citizens;
(2) identify specific risks posed to each critical
infrastructure facility or other asset identified under
Subdivision (1) in the event of a Pacific conflict, including known
vectors of attack such as cyberattack and physical sabotage; and
(3) develop strategies to:
(A) prevent and protect against threats posed to
critical infrastructure and other assets identified under
Subdivision (1) in the event of a Pacific conflict; and
(B) minimize the damage to this state if a
malicious act described by Subdivision (1) succeeds in damaging
critical infrastructure in this state.
(d) The advisory committee may conduct additional
investigations and produce additional reports as the committee
determines necessary.
Sec. 438.205. OTHER INVESTIGATIONS. The advisory committee
may investigate additional matters at its own discretion on a
majority vote of the committee.
Sec. 438.206. SUBPOENA. (a) The advisory committee may
compel by subpoena the attendance of a relevant witness at a hearing
or the production for inspection or copying of a record that is
relevant to the advisory committee's duties under this chapter.
(b) The advisory committee, acting through the attorney
general, may bring an action in a district court to enforce a
subpoena issued under this section against a person who fails to
comply with the subpoena.
(c) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 438.207. CONFIDENTIALITY OF INFORMATION. (a) Except
as provided by Subsection (b), any research, data, reports,
findings, and other information produced by the advisory committee:
(1) is confidential and excepted from the requirements
of Section 552.021; and
(2) shall be maintained by the office of the governor.
(b) The governor may disclose information described by
Subsection (a). A disclosure by the governor is not considered a
disclosure of confidential information or a disclosure to the
public for purposes of Section 552.007 and does not waive the right
to assert in the future that the information is confidential or
excepted from required disclosure under this section or other law.
Sec. 438.208. PUBLIC REPORT AND POLICY RECOMMENDATIONS.
(a) Notwithstanding Section 438.207 and subject to Subsections (b)
and (c), the advisory committee shall make available an annual
report with narrative and summary findings from the advisory
committee's investigations for the purpose of educating the public.
(b) The report may include policy recommendations for
consideration by state and local government officials and
recommendations to improve the resilience of this state's citizens
and critical infrastructure. The report may not include any
information the release of which would pose a risk to state security
or national security.
(c) The advisory committee may not release the report
required by Subsection (a) unless the release is approved by a
majority vote of the advisory committee.
Sec. 438.209. EXPIRATION. The advisory committee is
abolished and this chapter expires September 1, 2029.
SECTION 2. Not later than October 31, 2025, the governor,
the lieutenant governor, and the speaker of the house of
representatives shall appoint the members of the Texas Advisory
Committee on Pacific Conflict under Sections 438.102(a)(1), (2),
(3), and (4), Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.