TX
Texas House Bill HB118

Texas 2025 - 89th Regular

Texas House Bill HB118 Compare Versions

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1-89R19683 LRM-F
2- By: Hefner, et al. H.B. No. 118
3- Substitute the following for H.B. No. 118:
4- By: Hefner C.S.H.B. No. 118
1+89R4470 LRM-D
2+ By: Hefner H.B. No. 118
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97 A BILL TO BE ENTITLED
108 AN ACT
119 relating to the establishment and powers and duties of the Texas
12- Advisory Committee on Geopolitical Conflict.
10+ Advisory Committee on Pacific Conflict.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1412 SECTION 1. Subtitle C, Title 4, Government Code, is amended
1513 by adding Chapter 438 to read as follows:
16- CHAPTER 438. TEXAS ADVISORY COMMITTEE ON GEOPOLITICAL CONFLICT
14+ CHAPTER 438. TEXAS ADVISORY COMMITTEE ON PACIFIC CONFLICT
1715 SUBCHAPTER A. GENERAL PROVISIONS
1816 Sec. 438.001. SHORT TITLE. This chapter may be cited as the
19- Texas Geopolitical Conflict Stress Test Act.
17+ Texas Pacific Conflict Stress Test Act.
2018 Sec. 438.002. POLICY STATEMENT. (a) It is the policy of
2119 this state to support the civilian and military command of the
2220 United States and its efforts to promote and maintain prosperity,
2321 peace, and security for the United States and its allies. It is the
2422 policy of this state to enhance the defensive posture of this state,
2523 to protect the citizens and assets of this state, and to contribute
2624 to the broader defensive posture of the United States by reducing
2725 security vulnerabilities within this state.
2826 (b) It is the policy of this state to exercise foresight and
29- make reasonable preparations for a potential geopolitical conflict
30- that:
31- (1) involves attacks on the United States and its
32- allies;
33- (2) involves asymmetrical attacks on the United States
27+ make reasonable preparations for a potential conflict centered in
28+ the Pacific Ocean region which could:
29+ (1) involve attacks on the United States and its
30+ allies in the Pacific Ocean region;
31+ (2) involve asymmetrical attacks on the United States
3432 homeland; and
35- (3) causes the disruption or complete severing of
36- supply chains between this state and international trade partners.
33+ (3) cause the disruption or complete severing of
34+ supply chains between this state and the People's Republic of
35+ China, the Republic of China, or other countries in the Pacific
36+ Ocean region.
3737 Sec. 438.003. DEFINITIONS. In this chapter:
3838 (1) "Advisory committee" means the Texas Advisory
39- Committee on Geopolitical Conflict established under this chapter.
39+ Committee on Pacific Conflict established under this chapter.
4040 (2) "Critical infrastructure" means a publicly or
4141 privately owned system or asset, whether physical or virtual, so
4242 vital to this state or to the United States that the incapacity or
4343 destruction of the system or asset would have a debilitating impact
4444 on state or national security, state or national economic security,
4545 state or national public health, or any combination of these, and
4646 includes:
4747 (A) an oil and gas production, storage, or
4848 delivery system;
4949 (B) a water supply, refinement, storage, or
5050 delivery system;
5151 (C) a communications network;
5252 (D) an electrical power delivery system;
5353 (E) an emergency service system;
5454 (F) a transportation system or service;
5555 (G) a personal data or classified information
5656 storage system, including a cybersecurity system; or
5757 (H) a military installation.
5858 (3) "Critical procurement" means a purchase made by a
5959 state agency, a political subdivision of this state, or a private
6060 nongovernmental organization that is critical to the proper
6161 functioning of state services, state operations, or the operations
6262 of this state's critical infrastructure, or the health, safety, or
6363 security of this state's citizens.
64- (4) "Drug supply chain" means the end-to-end process
65- for manufacturing, acquiring, shipping, and vending prescription
66- drugs beginning at any point of origin and ending in this state,
67- including acquiring and shipping any key starting materials and
68- active pharmaceutical ingredients necessary to manufacture and
69- distribute prescription drugs in this state.
70- (5) "Geopolitical conflict" means:
64+ (4) "Pacific conflict" means:
7165 (A) a declared war or armed conflict between the
7266 United States or any of its allies and another nation that occurs in
73- the land, air, or sea and threatens or could reasonably escalate to
74- threaten the supply chains, critical infrastructure, safety, or
75- security of this state or the United States; or
67+ the land, air, or sea of the Pacific Ocean region and threatens or
68+ could reasonably escalate to threaten the supply chains, critical
69+ infrastructure, safety, or security of this state or the United
70+ States; or
7671 (B) a significant deterioration of diplomatic
7772 ties or economic engagement between the United States or its allies
7873 and another nation that threatens the status quo of trade, travel,
79- and military operations or exercises.
80- (6) "State supply chain" means the end-to-end process
74+ and military operations or exercises in the Pacific Ocean region.
75+ (5) "State supply chain" means the end-to-end process
8176 for shipping goods purchased by a state agency or a political
8277 subdivision of this state to the state agency or political
8378 subdivision, beginning at the point of origin through any point of
8479 distribution, including through vendors, to the destination.
85- (7) "Texas National Guard" has the meaning assigned by
80+ (6) "Texas National Guard" has the meaning assigned by
8681 Section 437.001.
8782 SUBCHAPTER B. ADVISORY COMMITTEE
8883 Sec. 438.101. ESTABLISHMENT OF TEXAS ADVISORY COMMITTEE ON
89- GEOPOLITICAL CONFLICT. The Texas Advisory Committee on
90- Geopolitical Conflict is established to:
84+ PACIFIC CONFLICT. The Texas Advisory Committee on Pacific Conflict
85+ is established to:
9186 (1) develop state security strategies and policies
92- before a geopolitical conflict occurs; and
87+ before a Pacific conflict occurs; and
9388 (2) collect and prepare information to assist in
9489 enhancing this state's command-and-control functions in the event
9590 of a conflict described by Subdivision (1).
9691 Sec. 438.102. ADVISORY COMMITTEE COMPOSITION AND
9792 ADMINISTRATION. (a) The advisory committee consists of the
9893 following nine members:
9994 (1) one member appointed by the governor;
10095 (2) a representative of the Texas National Guard,
10196 appointed by the governor;
10297 (3) two members appointed by the lieutenant governor;
10398 (4) two members appointed by the speaker of the house
10499 of representatives;
105100 (5) the adjutant general or the adjutant general's
106101 designee;
107- (6) the public safety director of the Department of
108- Public Safety or the public safety director's designee; and
102+ (6) the public safety director or the public safety
103+ director's designee; and
109104 (7) the chief of the Texas Division of Emergency
110105 Management or the chief's designee.
111106 (b) In making appointments to the advisory committee, the
112107 governor, lieutenant governor, and speaker of the house of
113108 representatives shall appoint individuals who have applicable
114109 knowledge of the threats posed to this state in the event of a
115- geopolitical conflict.
110+ Pacific conflict.
116111 Sec. 438.103. TERMS; VACANCY. (a) Except as provided by
117112 Subsection (b), the appointed advisory committee members shall
118113 serve for a term of two years.
119114 (b) Subsection (a) does not apply to the advisory committee
120- members described by Sections 438.102(a)(5), (6), and (7).
115+ members redescribed by Sections 438.102(a)(5), (6), and (7).
121116 (c) If a vacancy occurs on the advisory committee, the
122117 appropriate appointing authority shall appoint a successor in the
123118 same manner as the original appointment.
124119 Sec. 438.104. ADVISORY COMMITTEE OFFICERS. (a) The member
125120 appointed by the governor under Section 438.102(a)(1) shall serve
126121 as chair of the advisory committee and must have applicable
127122 knowledge of the threats posed to this state in the event of a
128- geopolitical conflict and the research and leadership experience to
123+ Pacific conflict and the research and leadership experience to
129124 competently and comprehensively perform the advisory committee's
130125 duties.
131126 (b) The lieutenant governor shall designate one appointee
132127 to serve as vice chair of the advisory committee.
133128 (c) The advisory committee may elect additional officers
134129 from among its members.
135130 (d) The advisory committee shall establish and approve
136131 duties and responsibilities for advisory committee officers.
137132 Sec. 438.105. REIMBURSEMENT FOR EXPENSES. A member of the
138133 advisory committee is not entitled to compensation for service on
139134 the committee but is entitled to reimbursement for actual and
140135 necessary expenses incurred in performing committee duties as
141136 provided by the General Appropriations Act.
142137 Sec. 438.106. MEETINGS. (a) The advisory committee shall
143138 meet at least once every three months, with additional meetings on
144139 the call of:
145140 (1) a majority of the members of the advisory
146141 committee; or
147142 (2) the governor.
148143 (b) Advisory committee meetings are not subject to Chapter
149144 551.
150145 Sec. 438.107. GIFTS AND GRANTS. The advisory committee may
151146 accept gifts, grants, and donations to pay for the advisory
152147 committee's activities under this chapter.
153148 SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY COMMITTEE
154149 Sec. 438.201. GENERAL POWERS. (a) The advisory committee
155150 may consult with and retain external advisors to provide expertise
156151 and collaborative research support.
157152 (b) The advisory committee may conduct field
158153 investigations, hold hearings, receive testimony in any form,
159154 consult with federal and state officials, and otherwise take any
160155 lawful action to carry out the purposes of the advisory committee.
161156 Sec. 438.202. TABLETOP EXERCISE; REPORT. (a) The advisory
162157 committee, with assistance from the Texas National Guard, shall
163- conduct a tabletop exercise centered on an invasion by a foreign
164- adversary. The exercise must explore the following scenarios:
158+ conduct a tabletop exercise centered on an invasion of the Republic
159+ of China by the People's Republic of China. The exercise must
160+ explore the following scenarios:
165161 (1) a scenario that would result in aggression against
166- the armed forces of the United States; and
162+ the armed forces of the United States in the Pacific Ocean region;
163+ and
167164 (2) a scenario that would involve intentional or
168165 incidental damage to a state supply chain, a critical
169166 infrastructure facility, or another asset.
170167 (b) The advisory committee shall produce and submit to the
171- governor a report describing how a geopolitical conflict would
172- impact this state not later than May 29, 2026. The advisory
173- committee may request additional tabletop exercise reports
174- following the initial report.
175- (c) For the purpose of conducting a tabletop exercise under
176- this section, an entity providing electric or gas utility services
177- is not required to disclose the specific locations of the entity's
178- critical infrastructure to the advisory committee.
179- Sec. 438.203. SUPPLY CHAINS AND CRITICAL PROCUREMENTS
180- AUDIT; REPORT. (a) The advisory committee, with assistance from
181- the adjutant general, shall investigate critical procurements
182- supplied through a state supply chain that would be disrupted in the
183- event of a geopolitical conflict.
168+ governor a report describing how a Pacific conflict would impact
169+ this state not later than May 29, 2026. The advisory committee may
170+ request additional tabletop exercise reports following the initial
171+ report.
172+ Sec. 438.203. SUPPLY CHAINS AND TECHNOLOGICAL SECURITY
173+ AUDIT. (a) The advisory committee, with assistance from the
174+ adjutant general, shall investigate critical procurements supplied
175+ through a state supply chain that would be disrupted in the event of
176+ a Pacific conflict.
184177 (b) The advisory committee shall produce and submit a report
185178 of the committee's findings to the governor not later than May 29,
186179 2026.
187180 (c) The initial report must:
188181 (1) identify all critical procurements produced in or
189182 by a foreign adversary, a state-owned enterprise of a foreign
190183 adversary, a company domiciled within the territory of a foreign
191184 adversary, or a company owned by a company domiciled within the
192185 territory of a foreign adversary, or substantially sourced from an
193186 entity described by this subdivision;
194187 (2) identify all critical procurements manufactured
195188 in countries, or by companies, at risk of disruption in the event of
196- a geopolitical conflict;
189+ a Pacific conflict;
197190 (3) identify all critical procurements sourced from
198191 any country or company that relies on a supply chain at risk of
199- disruption in the event of a geopolitical conflict;
192+ disruption in the event of a Pacific conflict;
200193 (4) recommend alternative sourcing strategies for
201194 critical procurements, if available;
202195 (5) highlight the difficulty in identifying potential
203196 alternative sourcing for critical procurements, if relevant; and
204197 (6) specify the level of risk to this state associated
205198 with a disruption described by Subdivision (2) or (3) in supply
206199 chain sourcing for each critical procurement that is threatened in
207200 the event of the disruption.
208201 (d) The advisory committee may conduct additional
209202 investigations following the initial report.
210- Sec. 438.204. DRUG SUPPLY CHAIN AUDIT; REPORT. (a) In this
211- section, "company subject to the jurisdiction of a foreign
212- adversary" includes a state-owned enterprise of a foreign
213- adversary, a company domiciled or headquartered in the territory of
214- a foreign adversary, or any wholly owned or majority-owned
215- subsidiary of a company domiciled or headquartered in the territory
216- of a foreign adversary.
217- (b) The advisory committee, in collaboration with the
218- Health and Human Services Commission and the Department of State
219- Health Services, shall investigate the drug supply chain of this
220- state to identify prescription drugs, including active
221- pharmaceutical ingredients and key starting materials, that are
222- produced in or by a foreign adversary or substantially sourced from
223- a company subject to the jurisdiction of a foreign adversary.
224- (c) The advisory committee shall investigate whether the
225- prescription drugs identified under Subsection (b):
226- (1) are of low or questionable efficacy; or
227- (2) are toxic or contain impurities known to the
228- United States Food and Drug Administration, the United States
229- Department of Agriculture, or any other governmental agencies to
230- pose a risk to human health.
231- (d) The advisory committee shall study whether the drug
232- supply chain of the prescription drugs identified under Subsection
233- (b) would be disrupted in the event of a geopolitical conflict.
234- (e) The advisory committee shall produce an initial report
235- on the prescription drugs identified under Subsection (b). The
236- initial report must:
237- (1) list the prescription drugs;
238- (2) identify the classes and common uses of the
239- prescription drugs;
240- (3) assess the risk posed by the prescription drugs,
241- including concerns related to quality, efficacy, toxicity, or
242- impurity;
243- (4) determine the impact of a geopolitical conflict on
244- the drug supply chain of the prescription drugs;
245- (5) recommend alternative sourcing strategies for the
246- prescription drugs in the event of a geopolitical conflict;
247- (6) describe any difficulty in identifying or using
248- alternative sourcing strategies under Subdivision (5) for
249- prescription drugs, as necessary; and
250- (7) determine the feasibility and cost of creating and
251- maintaining a strategic supply of prescription drugs in the event
252- of a geopolitical conflict.
253- (f) The advisory committee shall submit the initial report
254- of prescription drugs identified under this section to the governor
255- not later than May 29, 2026.
256- (g) The advisory committee may conduct additional
257- investigations and produce additional reports on the prescription
258- drugs identified under Subsection (b) as the committee determines
259- necessary.
260- Sec. 438.205. CRITICAL INFRASTRUCTURE PROTECTION AUDIT;
261- REPORT. (a) The advisory committee shall investigate potential
262- threats to critical infrastructure in this state in the event of a
263- geopolitical conflict.
203+ Sec. 438.204. CRITICAL INFRASTRUCTURE PROTECTION. (a) The
204+ advisory committee shall investigate potential threats to critical
205+ infrastructure in this state in the event of a Pacific conflict.
264206 (b) The advisory committee shall produce and submit to the
265207 governor a report of the committee's findings not later than May 29,
266208 2026.
267209 (c) The initial report must:
268210 (1) identify all critical infrastructure and other
269211 assets within this state that could reasonably be targeted in a
270- malicious act by a foreign adversary in the event of a geopolitical
212+ malicious act by a foreign adversary in the event of a Pacific
271213 conflict and would result in a significant negative impact on the
272214 public health, safety, economic security, or physical security of
273215 this state's citizens;
274216 (2) identify specific risks posed to each critical
275- infrastructure or other asset identified under Subdivision (1) in
276- the event of a geopolitical conflict, including known vectors of
277- attack such as cyberattack and physical sabotage; and
217+ infrastructure facility or other asset identified under
218+ Subdivision (1) in the event of a Pacific conflict, including known
219+ vectors of attack such as cyberattack and physical sabotage; and
278220 (3) develop strategies to:
279221 (A) prevent and protect against threats posed to
280222 critical infrastructure and other assets identified under
281- Subdivision (1) in the event of a geopolitical conflict; and
223+ Subdivision (1) in the event of a Pacific conflict; and
282224 (B) minimize the damage to this state if a
283225 malicious act described by Subdivision (1) succeeds in damaging
284- critical infrastructure and other assets in this state.
226+ critical infrastructure in this state.
285227 (d) The advisory committee may conduct additional
286228 investigations and produce additional reports as the committee
287229 determines necessary.
288- Sec. 438.206. OTHER INVESTIGATIONS. The advisory committee
230+ Sec. 438.205. OTHER INVESTIGATIONS. The advisory committee
289231 may investigate additional matters at its own discretion on a
290232 majority vote of the committee.
291- Sec. 438.207. SUBPOENA. (a) The advisory committee may
233+ Sec. 438.206. SUBPOENA. (a) The advisory committee may
292234 compel by subpoena the attendance of a relevant witness at a hearing
293235 or the production for inspection or copying of a record that is
294236 relevant to the advisory committee's duties under this chapter.
295237 (b) The advisory committee, acting through the attorney
296238 general, may bring an action in a district court to enforce a
297- subpoena issued under Subsection (a) against a person who fails to
239+ subpoena issued under this section against a person who fails to
298240 comply with the subpoena.
299241 (c) The court shall order compliance with the subpoena if
300242 the court finds that good cause exists to issue the subpoena.
301- Sec. 438.208. CONFIDENTIALITY OF INFORMATION. (a) Except
243+ Sec. 438.207. CONFIDENTIALITY OF INFORMATION. (a) Except
302244 as provided by Subsection (b), any research, data, reports,
303- findings, and other information provided to or produced by the
304- advisory committee:
245+ findings, and other information produced by the advisory committee:
305246 (1) is confidential and excepted from the requirements
306247 of Section 552.021; and
307248 (2) shall be maintained by the office of the governor.
308249 (b) The governor may disclose information described by
309250 Subsection (a). A disclosure by the governor is not considered a
310251 disclosure of confidential information or a disclosure to the
311252 public for purposes of Section 552.007 and does not waive the right
312253 to assert in the future that the information is confidential or
313254 excepted from required disclosure under this section or other law.
314- Sec. 438.209. PUBLIC REPORT AND POLICY RECOMMENDATIONS.
315- (a) Notwithstanding Section 438.208 and subject to Subsections (b)
255+ Sec. 438.208. PUBLIC REPORT AND POLICY RECOMMENDATIONS.
256+ (a) Notwithstanding Section 438.207 and subject to Subsections (b)
316257 and (c), the advisory committee shall make available an annual
317258 report with narrative and summary findings from the advisory
318259 committee's investigations for the purpose of educating the public.
319260 (b) The report may include policy recommendations for
320261 consideration by state and local government officials and
321262 recommendations to improve the resilience of this state's citizens
322263 and critical infrastructure. The report may not include any
323264 information the release of which would pose a risk to state security
324265 or national security.
325266 (c) The advisory committee may not release the report
326267 required by Subsection (a) unless the release is approved by a
327268 majority vote of the advisory committee.
328- Sec. 438.210. EXPIRATION. The advisory committee is
269+ Sec. 438.209. EXPIRATION. The advisory committee is
329270 abolished and this chapter expires September 1, 2029.
330271 SECTION 2. Not later than October 31, 2025, the governor,
331272 the lieutenant governor, and the speaker of the house of
332273 representatives shall appoint the members of the Texas Advisory
333- Committee on Geopolitical Conflict under Sections 438.102(a)(1),
334- (2), (3), and (4), Government Code, as added by this Act.
274+ Committee on Pacific Conflict under Sections 438.102(a)(1), (2),
275+ (3), and (4), Government Code, as added by this Act.
335276 SECTION 3. This Act takes effect September 1, 2025.