Texas 2025 - 89th Regular

Texas Senate Bill SB1488 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10323 JTZ-D
2	2	By: Hall S.B. No. 1488
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to restricting research on potentially pandemic pathogens
10	10	in this state; creating a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The legislature finds that:
13	13	(1) gain of function research was a concern for the
14	14	federal government, resulting in a three-year moratorium on the
15	15	funding of that research from 2014 to 2017;
16	16	(2) the COVID-19 pandemic may have been the result of a
17	17	pathogen leak from a secure lab in which gain of function research
18	18	was being conducted;
19	19	(3) gain of function research, which involves
20	20	manipulating potentially pandemic pathogens, poses a biosecurity
21	21	vulnerability to this state; and
22	22	(4) residents of this state have a right to know the
23	23	vulnerabilities posed by gain of function research on pathogens.
24	24	SECTION 2. Subtitle H, Title 3, Education Code, is amended
25	25	by adding Chapter 158 to read as follows:
26	26	CHAPTER 158. RESEARCH INVOLVING POTENTIALLY PANDEMIC PATHOGENS
27	27	Sec. 158.001. DEFINITIONS. In this chapter:
28	28	(1) "Gain of function research" means research that
29	29	may reasonably be anticipated to enhance the transmissibility or
30	30	virulence of a potentially pandemic pathogen.
31	31	(2) "Institution of higher education" has the meaning
32	32	assigned by Section 61.003.
33	33	(3) "Potentially pandemic pathogen" means a virus,
34	34	bacteria, fungus, or eukaryotic parasite, or any strain or variant
35	35	of a virus, bacteria, fungus, or eukaryotic parasite, that is:
36	36	(A) likely, moderately, or highly transmissible
37	37	and likely capable of wide and uncontrollable spread in human
38	38	populations;
39	39	(B) likely, moderately, or highly virulent and
40	40	likely to cause significant mortality and morbidity in human
41	41	beings; or
42	42	(C) likely to pose a severe threat to public
43	43	health and safety, the capacity of public health systems, or the
44	44	security of this state if allowed to spread within the general
45	45	population.
46	46	Sec. 158.002. PROHIBITED GAIN OF FUNCTION RESEARCH ON
47	47	POTENTIALLY PANDEMIC PATHOGENS. (a) Notwithstanding any other
48	48	law, an institution of higher education may not conduct or provide
49	49	funding to another entity to conduct gain of function research on
50	50	potentially pandemic pathogens.
51	51	(b) An institution of higher education that violates this
52	52	section is ineligible to receive state funds.
53	53	SECTION 3. The heading to Chapter 81, Health and Safety
54	54	Code, is amended to read as follows:
55	55	CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC
56	56	HEALTH EMERGENCIES; POTENTIALLY PANDEMIC PATHOGENS
57	57	SECTION 4. Chapter 81, Health and Safety Code, is amended by
58	58	adding Subchapter K to read as follows:
59	59	SUBCHAPTER K. REPORT ON RESEARCH INVOLVING POTENTIALLY PANDEMIC
60	60	PATHOGENS
61	61	Sec. 81.451. DEFINITIONS. In this subchapter:
62	62	(1) "Institution of higher education" has the meaning
63	63	assigned by Section 61.003, Education Code.
64	64	(2) "Potentially pandemic pathogen" has the meaning
65	65	assigned by Section 158.001, Education Code.
66	66	Sec. 81.452. REQUIRED REPORT. (a) Each entity, including
67	67	an institution of higher education and a private college or
68	68	university, that intends to conduct research on a potentially
69	69	pandemic pathogen in this state, regardless of whether the entity
70	70	will use state money for the research, shall, at least 90 days
71	71	before beginning the research, provide to the department a written
72	72	report on the intended research that includes the following
73	73	information:
74	74	(1) the location where the research will be conducted;
75	75	(2) the scope, nature, and purpose of the research;
76	76	(3) the source of funding for the research;
77	77	(4) the identity of the pathogen, including the
78	78	strains or variant of the pathogen, that will be used or analyzed in
79	79	the research;
80	80	(5) the potential impacts the pathogen will have on
81	81	the public if released into the general population; and
82	82	(6) the measures the entity will take to ensure the
83	83	pathogen is not released into the general population.
84	84	(b) On the department's request, an entity that submits a
85	85	report under Subsection (a) shall provide to the department any
86	86	additional information the department determines is necessary for
87	87	the department to:
88	88	(1) properly inform federal, state, and local
89	89	governmental authorities that the research will be conducted; and
90	90	(2) ensure adequate response plans and resources are
91	91	available in the event a potentially pandemic pathogen is released
92	92	into the general population.
93	93	(c) If, after reviewing the information the entity submits
94	94	under Subsections (a) and (b), the department determines that the
95	95	entity's intended research poses a substantial and unjustifiable
96	96	risk to public health and safety, the capacity of public health
97	97	systems, or the security of this state, the department may:
98	98	(1) for research conducted by an institution of higher
99	99	education, request the governor to issue an order prohibiting the
100	100	research; or
101	101	(2) for research conducted by a private college,
102	102	university, or other private entity, request the attorney general
103	103	to seek an injunction to enjoin the conduct of the research.
104	104	Sec. 81.453. CIVIL PENALTY. (a) An entity that fails to
105	105	timely submit a report required by Section 81.452 is liable to this
106	106	state for a civil penalty in an amount not less than $50,000 or more
107	107	than $100,000 for each violation. Each day of a continuing
108	108	violation is a separate violation.
109	109	(b) The attorney general may investigate an alleged
110	110	violation of this section and may sue to collect the civil penalty.
111	111	(c) Sovereign or governmental immunity of an institution of
112	112	higher education to suit is waived and abolished to the extent of
113	113	liability created by this section.
114	114	Sec. 81.454. RULES. The executive commissioner shall adopt
115	115	the rules necessary to administer this subchapter, including rules
116	116	prescribing the form and manner of submitting the report required
117	117	by Section 81.452.
118	118	SECTION 5. Subchapter K, Chapter 81, Health and Safety
119	119	Code, as added by this Act, applies only to research beginning on or
120	120	after December 1, 2025.
121	121	SECTION 6. As soon as possible after the effective date of
122	122	this Act, the executive commissioner of the Health and Human
123	123	Services Commission shall adopt rules necessary to implement
124	124	Subchapter K, Chapter 81, Health and Safety Code, as added by this
125	125	Act.
126	126	SECTION 7. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2025.