By: Parker, et al. S.B. No. 1741
(In the Senate - Filed February 27, 2025; March 13, 2025,
read first time and referred to Committee on Education K-16;
March 26, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; March 26, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1741 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to measures to prevent foreign influence, foreign
interference, and intellectual property theft at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. FOREIGN INFLUENCE, FOREIGN INTERFERENCE, AND
INTELLECTUAL PROPERTY THEFT PREVENTION
Sec. 51.501. DEFINITIONS. In this subchapter:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Foreign adversary" means any country designated
as a foreign adversary by the United States secretary of commerce
under 15 C.F.R. Section 791.4.
(3) "Foreign government" means the government or an
agent of a country, nation, or group of nations, or a province or
other political subdivision of a country or nation, other than the
United States government.
(4) "Gift" means a gift, grant, endowment, award, or
donation of money or property of any kind, including a conditional
or unconditional pledge of the gift, grant, endowment, award, or
donation.
(5) "Institution of higher education" has the meaning
assigned by Section 61.003.
Sec. 51.502. DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS.
Each institution of higher education that submits reporting on
foreign gift and contract disclosures to the United States
Department of Education required under Section 117, Higher
Education Act of 1965 (20 U.S.C. Section 1001 et seq.), shall submit
that reporting to the coordinating board at an interval determined
by coordinating board rule.
Sec. 51.503. PROHIBITION ON ACCEPTING GIFTS, GRANTS, OR
DONATIONS FROM CERTAIN FOREIGN GOVERNMENTS. An institution of
higher education may not accept a gift, grant, or donation from a
foreign government of a foreign adversary.
Sec. 51.504. TRAINING ON FOREIGN INFLUENCE, FOREIGN
INTERFERENCE, AND INTELLECTUAL PROPERTY THEFT PREVENTION. (a)
Each institution of higher education shall require each researcher,
faculty member, staff member, or student employee at the
institution who has access to sensitive, proprietary, or
export-controlled research or information to complete training on
the prevention of foreign influence, foreign interference, and
intellectual property theft.
(b) The training must include instruction on:
(1) an understanding of the current national security
risks related to foreign influence, foreign interference, and
intellectual property theft;
(2) the methods used in foreign influence, foreign
interference, and intellectual property theft;
(3) the signs of foreign influence, foreign
interference, and intellectual property theft;
(4) measures to protect sensitive information and
intellectual property; and
(5) procedures for reporting suspected incidents of
foreign influence, foreign interference, or intellectual property
theft.
(c) To the extent practicable, the training must be provided
in conjunction with any other training required for employees at
the institution of higher education and be consistent with any
other training on information security, export controls, or
compliance matters required by the institution.
(d) Each institution of higher education shall maintain a
record of each person who completes training required under this
section.
(e) An institution of higher education shall prohibit a
person who has not completed training required under this section
to have unsupervised access to sensitive, proprietary, or
export-controlled research or information until the person
completes the training.
Sec. 51.505. REPORTING SYSTEM. Each institution of higher
education shall establish a reporting system for students, faculty,
and staff to report to the institution suspicious activity that may
be related to foreign influence, foreign interference, or
intellectual property theft.
Sec. 51.506. RULES. The coordinating board shall adopt
rules necessary to implement this subchapter.
SECTION 2. Not later than September 1, 2026, each public
institution of higher education shall:
(1) submit the reports required under Section 51.502,
Education Code, as added by this Act; and
(2) ensure that each applicable person at the
institution has completed the training required by Section 51.504,
Education Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.
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