Texas 2025 - 89th Regular

Texas Senate Bill SB2312 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Hughes, Hall, Parker S.B. No. 2312
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	2	+	(In the Senate - Filed March 11, 2025; March 13, 2025, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	March 31, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; March 31, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2312 By: Hughes
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the establishment and powers and duties of the Texas
9	14		Advisory Committee on Geopolitical Conflict.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Subtitle C, Title 4, Government Code, is amended
12	17		by adding Chapter 438 to read as follows:
13	18		CHAPTER 438. TEXAS ADVISORY COMMITTEE ON GEOPOLITICAL CONFLICT
14	19		SUBCHAPTER A. GENERAL PROVISIONS
15	20		Sec. 438.001. SHORT TITLE. This chapter may be cited as the
16	21		Texas Geopolitical Conflict Stress Test Act.
17	22		Sec. 438.002. POLICY STATEMENT. (a) It is the policy of
18	23		this state to support the civilian and military command of the
19	24		United States and its efforts to promote and maintain prosperity,
20	25		peace, and security for the United States and its allies. It is the
21	26		policy of this state to enhance the defensive posture of this state,
22	27		to protect the citizens and assets of this state, and to contribute
23	28		to the broader defensive posture of the United States by reducing
24	29		security vulnerabilities within this state.
25	30		(b) It is the policy of this state to exercise foresight and
26	31		make reasonable preparations for a potential geopolitical conflict
27	32		that:
28	33		(1) involves attacks on the United States and its
29	34		allies;
30	35		(2) involves asymmetrical attacks on the United States
31	36		homeland; and
32	37		(3) causes the disruption or complete severing of
33	38		supply chains between this state and international trade partners.
34	39		Sec. 438.003. DEFINITIONS. In this chapter:
35	40		(1) "Advisory committee" means the Texas Advisory
36	41		Committee on Geopolitical Conflict established under this chapter.
37	42		(2) "Critical infrastructure" means a publicly or
38	43		privately owned system or asset, whether physical or virtual, so
39	44		vital to this state or to the United States that the incapacity or
40	45		destruction of the system or asset would have a debilitating impact
41	46		on state or national security, state or national economic security,
42	47		state or national public health, or any combination of these, and
43	48		includes:
44	49		(A) an oil and gas production, storage, or
45	50		delivery system;
46	51		(B) a water supply, refinement, storage, or
47	52		delivery system;
48	53		(C) a communications network;
49	54		(D) an electrical power delivery system;
50	55		(E) an emergency service system;
51	56		(F) a transportation system or service;
52	57		(G) a personal data or classified information
53	58		storage system, including a cybersecurity system; or
54	59		(H) a military installation.
55	60		(3) "Critical procurement" means a purchase made by a
56	61		state agency, a political subdivision of this state, or a private
57	62		nongovernmental organization that is critical to the proper
58	63		functioning of state services, state operations, or the operations
59	64		of this state's critical infrastructure, or the health, safety, or
60	65		security of this state's citizens.
61	66		(4) "Drug supply chain" means the end-to-end process
62	67		for manufacturing, acquiring, shipping, and vending prescription
63	68		drugs beginning at any point of origin and ending in this state,
64	69		including acquiring and shipping any key starting materials and
65	70		active pharmaceutical ingredients necessary to manufacture and
66	71		distribute prescription drugs in this state.
67	72		(5) "Geopolitical conflict" means:
68	73		(A) a declared war or armed conflict between the
69	74		United States or any of its allies and another nation that occurs in
70	75		the land, air, or sea and threatens or could reasonably escalate to
71	76		threaten the supply chains, critical infrastructure, safety, or
72	77		security of this state or the United States; or
73	78		(B) a significant deterioration of diplomatic
74	79		ties or economic engagement between the United States or its allies
75	80		and another nation that threatens the status quo of trade, travel,
76	81		and military operations or exercises.
77	82		(6) "State supply chain" means the end-to-end process
78	83		for shipping goods purchased by a state agency or a political
79	84		subdivision of this state to the state agency or political
80	85		subdivision, beginning at the point of origin through any point of
81	86		distribution, including through vendors, to the destination.
82	87		(7) "Texas National Guard" has the meaning assigned by
83	88		Section 437.001.
84	89		SUBCHAPTER B. ADVISORY COMMITTEE
85	90		Sec. 438.101. ESTABLISHMENT OF TEXAS ADVISORY COMMITTEE ON
86	91		GEOPOLITICAL CONFLICT. The Texas Advisory Committee on
87	92		Geopolitical Conflict is established to:
88	93		(1) develop state security strategies and policies
89	94		before a geopolitical conflict occurs; and
90	95		(2) collect and prepare information to assist in
91	96		enhancing this state's command-and-control functions in the event
92	97		of a conflict described by Subdivision (1).
93	98		Sec. 438.102. ADVISORY COMMITTEE COMPOSITION AND
94	99		ADMINISTRATION. (a) The advisory committee consists of the
95	100		following nine members:
96	101		(1) one member appointed by the governor;
97	102		(2) a representative of the Texas National Guard,
98	103		appointed by the governor;
99	104		(3) two members appointed by the lieutenant governor;
100	105		(4) two members appointed by the speaker of the house
101	106		of representatives;
102	107		(5) the adjutant general or the adjutant general's
103	108		designee;
104	109		(6) the public safety director of the Department of
105	110		Public Safety or the public safety director's designee; and
106	111		(7) the chief of the Texas Division of Emergency
107	112		Management or the chief's designee.
108	113		(b) In making appointments to the advisory committee, the
109	114		governor, lieutenant governor, and speaker of the house of
110	115		representatives shall appoint individuals who have applicable
111	116		knowledge of the threats posed to this state in the event of a
112	117		geopolitical conflict.
113	118		Sec. 438.103. TERMS; VACANCY. (a) Except as provided by
114	119		Subsection (b), the appointed advisory committee members shall
115	120		serve for a term of two years.
116	121		(b) Subsection (a) does not apply to the advisory committee
117	122		members described by Sections 438.102(a)(5), (6), and (7).
118	123		(c) If a vacancy occurs on the advisory committee, the
119	124		appropriate appointing authority shall appoint a successor in the
120	125		same manner as the original appointment.
121	126		Sec. 438.104. ADVISORY COMMITTEE OFFICERS. (a) The member
122	127		appointed by the governor under Section 438.102(a)(1) shall serve
123	128		as chair of the advisory committee and must have applicable
124	129		knowledge of the threats posed to this state in the event of a
125	130		geopolitical conflict and the research and leadership experience to
126	131		competently and comprehensively perform the advisory committee's
127	132		duties.
128	133		(b) The lieutenant governor shall designate one appointee
129	134		to serve as vice chair of the advisory committee.
130	135		(c) The advisory committee may elect additional officers
131	136		from among its members.
132	137		(d) The advisory committee shall establish and approve
133	138		duties and responsibilities for advisory committee officers.
134	139		Sec. 438.105. REIMBURSEMENT FOR EXPENSES. A member of the
135	140		advisory committee is not entitled to compensation for service on
136	141		the committee but is entitled to reimbursement for actual and
137	142		necessary expenses incurred in performing committee duties as
138	143		provided by the General Appropriations Act.
139	144		Sec. 438.106. MEETINGS. (a) The advisory committee shall
140	145		meet at least once every three months, with additional meetings on
141	146		the call of:
142	147		(1) a majority of the members of the advisory
143	148		committee; or
144	149		(2) the governor.
145	150		(b) Advisory committee meetings are not subject to Chapter
146	151		551.
147	152		Sec. 438.107. GIFTS AND GRANTS. The advisory committee may
148	153		accept gifts, grants, and donations to pay for the advisory
149	154		committee's activities under this chapter.
150	155		SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY COMMITTEE
151	156		Sec. 438.201. GENERAL POWERS. (a) The advisory committee
152	157		may consult with and retain external advisors to provide expertise
153	158		and collaborative research support.
154	159		(b) The advisory committee may conduct field
155	160		investigations, hold hearings, receive testimony in any form,
156	161		consult with federal and state officials, and otherwise take any
157	162		lawful action to carry out the purposes of the advisory committee.
158	163		Sec. 438.202. TABLETOP EXERCISE; REPORT. (a) The advisory
159	164		committee, with assistance from the Texas National Guard, shall
160	165		conduct a tabletop exercise centered on an invasion by a foreign
161	166		adversary. The exercise must explore the following scenarios:
162	167		(1) a scenario that would result in aggression against
163	168		the armed forces of the United States; and
164	169		(2) a scenario that would involve intentional or
165	170		incidental damage to a state supply chain, a critical
166	171		infrastructure facility, or another asset.
167	172		(b) The advisory committee shall produce and submit to the
168	173		governor a report describing how a geopolitical conflict would
169	174		impact this state not later than May 29, 2026. The advisory
170	175		committee may request additional tabletop exercise reports
171	176		following the initial report.
172	177		(c) For the purpose of conducting a tabletop exercise under
173	178		this section, an entity providing electric or gas utility services
174	179		is not required to disclose the specific locations of the entity's
175	180		critical infrastructure to the advisory committee.
176	181		Sec. 438.203. SUPPLY CHAINS AND CRITICAL PROCUREMENTS
177	182		AUDIT; REPORT. (a) The advisory committee, with assistance from
178	183		the adjutant general, shall investigate critical procurements
179	184		supplied through a state supply chain that would be disrupted in the
180	185		event of a geopolitical conflict.
181	186		(b) The advisory committee shall produce and submit a report
182	187		of the committee's findings to the governor not later than May 29,
183	188		2026.
184	189		(c) The initial report must:
185	190		(1) identify all critical procurements produced in or
186	191		by a foreign adversary, a state-owned enterprise of a foreign
187	192		adversary, a company domiciled within the territory of a foreign
188	193		adversary, or a company owned by a company domiciled within the
189	194		territory of a foreign adversary, or substantially sourced from an
190	195		entity described by this subdivision;
191	196		(2) identify all critical procurements manufactured
192	197		in countries, or by companies, at risk of disruption in the event of
193	198		a geopolitical conflict;
194	199		(3) identify all critical procurements sourced from
195	200		any country or company that relies on a supply chain at risk of
196	201		disruption in the event of a geopolitical conflict;
197	202		(4) recommend alternative sourcing strategies for
198	203		critical procurements, if available;
199	204		(5) highlight the difficulty in identifying potential
200	205		alternative sourcing for critical procurements, if relevant; and
201	206		(6) specify the level of risk to this state associated
202	207		with a disruption described by Subdivision (2) or (3) in supply
203	208		chain sourcing for each critical procurement that is threatened in
204	209		the event of the disruption.
205	210		(d) The advisory committee may conduct additional
206	211		investigations following the initial report.
207	212		Sec. 438.204. DRUG SUPPLY CHAIN AUDIT; REPORT. (a) In this
208	213		section, "company subject to the jurisdiction of a foreign
209	214		adversary" includes a state-owned enterprise of a foreign
210	215		adversary, a company domiciled or headquartered in the territory of
211	216		a foreign adversary, or any wholly owned or majority-owned
212	217		subsidiary of a company domiciled or headquartered in the territory
213	218		of a foreign adversary.
214	219		(b) The advisory committee, in collaboration with the
215	220		Health and Human Services Commission and the Department of State
216	221		Health Services, shall investigate the drug supply chain of this
217	222		state to identify prescription drugs, including active
218	223		pharmaceutical ingredients and key starting materials, that are
219	224		produced in or by a foreign adversary or substantially sourced from
220	225		a company subject to the jurisdiction of a foreign adversary.
221	226		(c) The advisory committee shall investigate whether the
222	227		prescription drugs identified under Subsection (b):
223	228		(1) are of low or questionable efficacy; or
224	229		(2) are toxic or contain impurities known to the
225	230		United States Food and Drug Administration, the United States
226	231		Department of Agriculture, or any other governmental agencies to
227	232		pose a risk to human health.
228	233		(d) The advisory committee shall study whether the drug
229	234		supply chain of the prescription drugs identified under Subsection
230	235		(b) would be disrupted in the event of a geopolitical conflict.
231	236		(e) The advisory committee shall produce an initial report
232	237		on the prescription drugs identified under Subsection (b). The
233	238		initial report must:
234	239		(1) list the prescription drugs;
235	240		(2) identify the classes and common uses of the
236	241		prescription drugs;
237	242		(3) assess the risk posed by the prescription drugs,
238	243		including concerns related to quality, efficacy, toxicity, or
239	244		impurity;
240	245		(4) determine the impact of a geopolitical conflict on
241	246		the drug supply chain of the prescription drugs;
242	247		(5) recommend alternative sourcing strategies for the
243	248		prescription drugs in the event of a geopolitical conflict;
244	249		(6) describe any difficulty in identifying or using
245	250		alternative sourcing strategies under Subdivision (5) for
246	251		prescription drugs, as necessary; and
247	252		(7) determine the feasibility and cost of creating and
248	253		maintaining a strategic supply of prescription drugs in the event
249	254		of a geopolitical conflict.
250	255		(f) The advisory committee shall submit the initial report
251	256		of prescription drugs identified under this section to the governor
252	257		not later than May 29, 2026.
253	258		(g) The advisory committee may conduct additional
254	259		investigations and produce additional reports on the prescription
255	260		drugs identified under Subsection (b) as the committee determines
256	261		necessary.
257	262		Sec. 438.205. CRITICAL INFRASTRUCTURE PROTECTION AUDIT;
258	263		REPORT. (a) The advisory committee shall investigate potential
259	264		threats to critical infrastructure in this state in the event of a
260	265		geopolitical conflict.
261	266		(b) The advisory committee shall produce and submit to the
262	267		governor a report of the committee's findings not later than May 29,
263	268		2026.
264	269		(c) The initial report must:
265	270		(1) identify all critical infrastructure and other
266	271		assets within this state that could reasonably be targeted in a
267	272		malicious act by a foreign adversary in the event of a geopolitical
268	273		conflict and would result in a significant negative impact on the
269	274		public health, safety, economic security, or physical security of
270	275		this state's citizens;
271	276		(2) identify specific risks posed to each critical
272	277		infrastructure or other asset identified under Subdivision (1) in
273	278		the event of a geopolitical conflict, including known vectors of
274	279		attack such as cyberattack and physical sabotage; and
275	280		(3) develop strategies to:
276	281		(A) prevent and protect against threats posed to
277	282		critical infrastructure and other assets identified under
278	283		Subdivision (1) in the event of a geopolitical conflict; and
279	284		(B) minimize the damage to this state if a
280	285		malicious act described by Subdivision (1) succeeds in damaging
281	286		critical infrastructure and other assets in this state.
282	287		(d) The advisory committee may conduct additional
283	288		investigations and produce additional reports as the committee
284	289		determines necessary.
285	290		Sec. 438.206. OTHER INVESTIGATIONS. The advisory committee
286	291		may investigate additional matters at its own discretion on a
287	292		majority vote of the committee.
288	293		Sec. 438.207. SUBPOENA. (a) The advisory committee may
289	294		compel by subpoena the attendance of a relevant witness at a hearing
290	295		or the production for inspection or copying of a record that is
291	296		relevant to the advisory committee's duties under this chapter.
292	297		(b) The advisory committee, acting through the attorney
293	298		general, may bring an action in a district court to enforce a
294	299		subpoena issued under Subsection (a) against a person who fails to
295	300		comply with the subpoena.
296	301		(c) The court shall order compliance with the subpoena if
297	302		the court finds that good cause exists to issue the subpoena.
298	303		Sec. 438.208. CONFIDENTIALITY OF INFORMATION. (a) Except
299	304		as provided by Subsection (b), any research, data, reports,
300	305		findings, and other information provided to or produced by the
301	306		advisory committee:
302	307		(1) is confidential and excepted from the requirements
303	308		of Section 552.021; and
304	309		(2) shall be maintained by the office of the governor.
305	310		(b) The governor may disclose information described by
306	311		Subsection (a). A disclosure by the governor is not considered a
307	312		disclosure of confidential information or a disclosure to the
308	313		public for purposes of Section 552.007 and does not waive the right
309	314		to assert in the future that the information is confidential or
310	315		excepted from required disclosure under this section or other law.
311	316		Sec. 438.209. PUBLIC REPORT AND POLICY RECOMMENDATIONS.
312	317		(a) Notwithstanding Section 438.208 and subject to Subsections (b)
313	318		and (c), the advisory committee shall make available an annual
314	319		report with narrative and summary findings from the advisory
315	320		committee's investigations for the purpose of educating the public.
316	321		(b) The report may include policy recommendations for
317	322		consideration by state and local government officials and
318	323		recommendations to improve the resilience of this state's citizens
319	324		and critical infrastructure. The report may not include any
320	325		information the release of which would pose a risk to state security
321	326		or national security.
322	327		(c) The advisory committee may not release the report
323	328		required by Subsection (a) unless the release is approved by a
324	329		majority vote of the advisory committee.
325	330		Sec. 438.210. EXPIRATION. The advisory committee is
326	331		abolished and this chapter expires September 1, 2029.
327	332		SECTION 2. Not later than October 31, 2025, the governor,
328	333		the lieutenant governor, and the speaker of the house of
329	334		representatives shall appoint the members of the Texas Advisory
330	335		Committee on Geopolitical Conflict under Sections 438.102(a)(1),
331	336		(2), (3), and (4), Government Code, as added by this Act.
332	337		SECTION 3. This Act takes effect September 1, 2025.
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