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6 | 5 | | |
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7 | 6 | | A BILL TO BE ENTITLED |
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8 | 7 | | AN ACT |
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9 | 8 | | relating to establishing the Higher Education Research Security |
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10 | 9 | | Council. |
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11 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 11 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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13 | 12 | | amended by adding Section 51.957 to read as follows: |
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14 | 13 | | Sec. 51.957. HIGHER EDUCATION RESEARCH SECURITY COUNCIL. |
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15 | 14 | | (a) In this section: |
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16 | 15 | | (1) "Council" means the Higher Education Research |
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17 | 16 | | Security Council established under this section. |
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18 | 17 | | (2) "Postsecondary educational institution" means an |
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19 | 18 | | institution of higher education or a private or independent |
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20 | 19 | | institution of higher education, as those terms are defined by |
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21 | 20 | | Section 61.003. |
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22 | 21 | | (3) "Tier one research institution" means a |
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23 | 22 | | postsecondary educational institution in this state designated as |
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24 | 23 | | R1: very high spending and doctorate production in the 2025 |
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25 | 24 | | Carnegie Classification of Institutions of Higher Education |
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26 | 25 | | published by the Indiana University Center for Postsecondary |
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27 | 26 | | Research. |
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28 | 27 | | (b) The Higher Education Research Security Council is |
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29 | 28 | | established to promote secure academic research at tier one |
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30 | 29 | | research institutions while mitigating the risk of foreign |
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31 | 30 | | espionage and interference. |
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32 | 31 | | (c) The council is composed of: |
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33 | 32 | | (1) each research security officer designated under |
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34 | 33 | | Section 51.956; and |
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35 | 34 | | (2) a research security officer designated by each |
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36 | 35 | | private or independent institution of higher education, as defined |
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37 | 36 | | by Section 61.003, that elects to participate in the council. |
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38 | 37 | | (d) A council member serves at the will of the person who |
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39 | 38 | | designated the member. |
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40 | 39 | | (e) A vacancy on the council shall be filled in the same |
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41 | 40 | | manner as the original designation. |
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42 | 41 | | (f) The council member designated under Section 51.956 for |
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43 | 42 | | The Texas A&M University System shall serve as the initial |
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44 | 43 | | presiding officer of the council. |
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45 | 44 | | (g) The council shall: |
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46 | 45 | | (1) identify best practices for a tier one research |
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47 | 46 | | institution to conduct research securely while mitigating the |
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48 | 47 | | threat of foreign espionage and interference; |
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49 | 48 | | (2) develop a research security policy that a tier one |
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50 | 49 | | research institution shall adopt to improve research security; |
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51 | 50 | | (3) establish an accreditation process under which the |
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52 | 51 | | council shall award a tier one research institution an |
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53 | 52 | | accreditation for security excellence; |
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54 | 53 | | (4) promote attendance at the annual academic security |
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55 | 54 | | and counter exploitation program seminar offered by The Texas A&M |
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56 | 55 | | University System; and |
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57 | 56 | | (5) develop and offer an annual training program for |
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58 | 57 | | tier one research institution security officers that includes: |
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59 | 58 | | (A) background and academic history checks of |
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60 | 59 | | researchers; and |
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61 | 60 | | (B) research security and integrity tools and |
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62 | 61 | | software that must be used to prevent the loss of intellectual |
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63 | 62 | | capital. |
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64 | 63 | | (h) The council shall meet at least once each quarter. |
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65 | 64 | | (i) A meeting conducted under Subsection (h) must be in |
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66 | 65 | | person or by video conference call, as determined by the presiding |
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67 | 66 | | officer. |
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68 | 67 | | (j) The council shall prepare and submit to the governor, |
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69 | 68 | | the attorney general's office, and the presiding officer of each |
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70 | 69 | | legislative committee with primary jurisdiction over higher |
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71 | 70 | | education an annual report on the status of research security at |
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72 | 71 | | tier one research institutions and any associated recommendations. |
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73 | 72 | | (k) A report submitted under Subsection (j) is confidential |
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74 | 73 | | and is not subject to disclosure under Chapter 552, Government |
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75 | 74 | | Code. |
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76 | 75 | | (l) The council may solicit and accept gifts, grants, and |
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77 | 76 | | donations for purposes of this section but may not solicit or accept |
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78 | 77 | | a gift, grant, or donation from an entity or country: |
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79 | 78 | | (1) prohibited from participating in federal |
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80 | 79 | | contracts under Section 889, John S. McCain National Defense |
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81 | 80 | | Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232); |
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82 | 81 | | (2) identified as a Chinese military company by the |
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83 | 82 | | United States Department of Defense in accordance with Section |
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84 | 83 | | 1260H, William M. (Mac) Thornberry National Defense Authorization |
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85 | 84 | | Act for Fiscal Year 2021 (Pub. L. No. 116-283); |
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86 | 85 | | (3) owned by the government of a country designated as |
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87 | 86 | | a foreign adversary by the United States secretary of commerce |
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88 | 87 | | under 15 C.F.R. Section 791.4; or |
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89 | 88 | | (4) controlled by a governing or regulatory body |
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90 | 89 | | located in a country described by Subdivision (3). |
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91 | 90 | | SECTION 2. (a) Not later than October 1, 2025, the |
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92 | 91 | | appropriate entities shall designate the members of the Higher |
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93 | 92 | | Education Research Security Council established under Section |
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94 | 93 | | 51.957, Education Code, as added by this Act. |
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95 | 94 | | (b) Not later than January 1, 2026, the Higher Education |
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96 | 95 | | Research Security Council established under Section 51.957, |
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97 | 96 | | Education Code, as added by this Act, shall hold its initial |
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98 | 97 | | meeting. |
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99 | 98 | | SECTION 3. This Act takes effect September 1, 2025. |
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