Texas 2025 89th Regular

Texas Senate Bill SB2514 Introduced / Analysis

Filed 03/13/2025

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                    BILL ANALYSIS        Senate Research Center   S.B. 2514         By: Hughes         State Affairs         4/11/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   S.B. 2514 addresses the issue of foreign adversary political warfare and influence operations within Texas.   The Office of the Director of National Intelligence (ODNI) has identified American state and local governments as targets of influence operations conducted by foreign adversaries such as the Chinese Communist Party (CCP). In the 2022 memo "Protecting Government and Business Leaders at the U.S. State and Local Level from People's Republic of China Influence Operations," the ODNI explains that such influence operations seek to collect data, target and cultivate officials, exploit partnerships, create dependencies, and shape policy through the business community.   Foreign adversaries conduct these influence operations at the subnational level to exploit the gap in national security focus between the U.S. federal and subnational governments. Thus, adversaries seek to "use the local to surround the central" by aligning U.S. subnational governments with the foreign policy priorities of foreign adversaries like the CCP.   Research from 2019 from the Jamestown Foundation found that such subnational influence operations accelerated when the CCP failed to achieve its policy goals at the federal level.   S.B. 2514 creates a range of protections to counter foreign adversary influence operations. This bill creates a Hostile Foreign Organizations Unit within the Department of Public Safety to develop a strategy to identify, investigate, and track foreign influence operations. This bill provides for developing and sharing information about hostile foreign organizations that operate within Texas.   In addition, this bill creates a training program under the Texas Ethics Commission on foreign influence operations within Texas. This bill prohibits any employee or volunteer of a state agency or political subdivision from accepting gifts and travel from a foreign adversary, and creates reporting requirements for interactions with people representing foreign adversaries.    As proposed, S.B. 2514 amends current law relating to establishing the hostile foreign organizations unit at the Department of Public Safety and training, prohibitions, reporting requirements, and community outreach designed to combat foreign influence and creates a criminal offense.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 411.002(a), Government Code, to provide that the Department of Public Safety of the State of Texas (DPS) is composed of certain divisions, including the hostile foreign organizations unit (unit).   SECTION 2. Amends Chapter 411, Government Code, by adding Subchapter S, as follows:   SUBCHAPTER S. HOSTILE FOREIGN ORGANIZATIONS UNIT   Sec. 411.551. DEFINITIONS. Defines "foreign influence operation" and "unit."   Sec. 411.552. HOSTILE FOREIGN ORGANIZATIONS UNIT. Provides that the unit is established in DPS to develop and make recommendations for implementing a strategy to identify, investigate, and track foreign influence operations in this state.   Sec. 411.553. UNIT CHIEF AND OTHER EMPLOYEES; ADDITIONAL DUTIES. Authorizes the public safety director (director) to appoint a unit chief and other unit employees as necessary to perform unit functions and assign to the unit and the unit chief any duties of another DPS division that relate to the investigation and tracking of hostile foreign organizations.   Sec. 411.554. STRATEGY DEVELOPMENT. Requires the unit, in collaboration with federal, state, and local agencies and private entities, to develop a strategy for identifying, investigating, and tracking:   (1) foreign influence operations in this state;   (2) individuals conducting foreign influence operations in this state; and   (3) any person who is an officer or employee of or is otherwise associated with a hostile foreign government or other hostile foreign organization and maintains regular contact with an individual described by Subdivision (2).   Sec. 411.555. RECOMMENDATIONS FOR IMPLEMENTING STRATEGY. Requires the unit to develop and report to the director recommendations for cyber intelligence services and other similar services necessary to implement the strategy developed under Section 411.554.   Sec. 411.556. SECURE STORAGE OF SENSITIVE INFORMATION. (a) Requires the unit to provide for the secure storage of sensitive information obtained or produced as part of the strategy developed under Section 411.554.   (b) Provides that information determined as sensitive under Subsection (a) is not subject to disclosure under Chapter 552 (Public Information).   Sec. 411.557. INFORMATION SHARING. Authorizes the unit, with the approval of the director, to share information determined sensitive under Section 411.556(a) with another federal, state, or local law enforcement agency. Provides that the disclosure of information under this section is not a voluntary disclosure under Section 552.007 (Voluntary Disclosure of Certain Information When Disclosure Not Required).   SECTION 3. Amends Chapter 470, Government Code, by adding Section 470.010, as follows:    [Note: S.B. 2514 as drafted does not contain any text in this space.]   SECTION 4. Amends Section 571.071, Government Code, by amending Subsection (a) and adding Subsections (e) and (f), as follows:   (a) Requires the Texas Ethics Commission (TEC) to perform certain actions, including providing, in cooperation with state agencies, a program of training for state employees on foreign influence in accordance with Subsection (e). Makes nonsubstantive changes.   (e) Requires TEC to develop a training program to educate state employees on the influence operations of foreign adversaries and other hostile foreign actors, including the United Front Work Department of the central committee of the Chinese Communist Party and other coordinated foreign influence operations. Requires that the training program include education on:   (1) known efforts by foreign adversaries to target and influence subnational governments, including efforts made by the United Front Work Department;   (2) identifying and recognizing suspected foreign influence operations;   (3) informational resources promulgated by federal, state, and nongovernmental organizations on United Front Work Department activities in this state and adjacent states; and   (4) reporting to TEC and law enforcement agencies suspected foreign influence operations and other interactions with persons acting on behalf of a foreign adversary.   (f) Defines "foreign adversary" and "foreign influence operation."   SECTION 5. Amends Subchapter C, Chapter 572, Government Code, by adding Section 572.070, as follows:   Sec. 572.070. PROHIBITIONS AND REPORTING REQUIREMENTS RELATED TO FOREIGN INFLUENCE; CRIMINAL OFFENSE. (a) Defines "foreign adversary."    (b) Prohibits an employee or volunteer of a state agency or a political subdivision of this state from accepting transportation to or lodging in a country that is a foreign adversary and that is paid for by the foreign adversary because of the employee's or volunteer's position with the state or political subdivision or accepting a gift or item of value from a person representing a foreign adversary for any purpose, including to pay for travel expenses or as reimbursement for the costs of attending a conference or other event in a country that is a foreign adversary or that is hosted on behalf of a foreign adversary or a principal of a foreign adversary.   (c) Requires an employee or volunteer of a state agency or a political subdivision of this state to report to TEC, in the form and manner TEC requires, each interaction, communication, or meeting the employee or volunteer has with a person acting on behalf of a foreign adversary not later than the 30th day after the date of the interaction, communication, or meeting. Requires TEC to make available a report under this subsection to the attorney general and DPS on request.   (d) Provides that a person commits an offense if the person violates this section. Provides that an offense under this subsection is a Class A misdemeanor.   SECTION 6. Requires the governor, as soon as practicable after the effective date of this Act but not later than January 1, 2026, to appoint the liaison required by Section 470.010, Government Code, as added by this Act.   SECTION 7. Makes application of Section 572.070(c), Government Code, as added by this Act, prospective to March 1, 2025.   SECTION 8. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 2514
 By: Hughes
 State Affairs
 4/11/2025
 As Filed



Senate Research Center

S.B. 2514

By: Hughes

State Affairs

4/11/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2514 addresses the issue of foreign adversary political warfare and influence operations within Texas.

The Office of the Director of National Intelligence (ODNI) has identified American state and local governments as targets of influence operations conducted by foreign adversaries such as the Chinese Communist Party (CCP). In the 2022 memo "Protecting Government and Business Leaders at the U.S. State and Local Level from People's Republic of China Influence Operations," the ODNI explains that such influence operations seek to collect data, target and cultivate officials, exploit partnerships, create dependencies, and shape policy through the business community.

Foreign adversaries conduct these influence operations at the subnational level to exploit the gap in national security focus between the U.S. federal and subnational governments. Thus, adversaries seek to "use the local to surround the central" by aligning U.S. subnational governments with the foreign policy priorities of foreign adversaries like the CCP.

Research from 2019 from the Jamestown Foundation found that such subnational influence operations accelerated when the CCP failed to achieve its policy goals at the federal level.

S.B. 2514 creates a range of protections to counter foreign adversary influence operations. This bill creates a Hostile Foreign Organizations Unit within the Department of Public Safety to develop a strategy to identify, investigate, and track foreign influence operations. This bill provides for developing and sharing information about hostile foreign organizations that operate within Texas.

In addition, this bill creates a training program under the Texas Ethics Commission on foreign influence operations within Texas. This bill prohibits any employee or volunteer of a state agency or political subdivision from accepting gifts and travel from a foreign adversary, and creates reporting requirements for interactions with people representing foreign adversaries.

As proposed, S.B. 2514 amends current law relating to establishing the hostile foreign organizations unit at the Department of Public Safety and training, prohibitions, reporting requirements, and community outreach designed to combat foreign influence and creates a criminal offense.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.002(a), Government Code, to provide that the Department of Public Safety of the State of Texas (DPS) is composed of certain divisions, including the hostile foreign organizations unit (unit).

SECTION 2. Amends Chapter 411, Government Code, by adding Subchapter S, as follows:

SUBCHAPTER S. HOSTILE FOREIGN ORGANIZATIONS UNIT

Sec. 411.551. DEFINITIONS. Defines "foreign influence operation" and "unit."

Sec. 411.552. HOSTILE FOREIGN ORGANIZATIONS UNIT. Provides that the unit is established in DPS to develop and make recommendations for implementing a strategy to identify, investigate, and track foreign influence operations in this state.

Sec. 411.553. UNIT CHIEF AND OTHER EMPLOYEES; ADDITIONAL DUTIES. Authorizes the public safety director (director) to appoint a unit chief and other unit employees as necessary to perform unit functions and assign to the unit and the unit chief any duties of another DPS division that relate to the investigation and tracking of hostile foreign organizations.

Sec. 411.554. STRATEGY DEVELOPMENT. Requires the unit, in collaboration with federal, state, and local agencies and private entities, to develop a strategy for identifying, investigating, and tracking:

(1) foreign influence operations in this state;

(2) individuals conducting foreign influence operations in this state; and

(3) any person who is an officer or employee of or is otherwise associated with a hostile foreign government or other hostile foreign organization and maintains regular contact with an individual described by Subdivision (2).

Sec. 411.555. RECOMMENDATIONS FOR IMPLEMENTING STRATEGY. Requires the unit to develop and report to the director recommendations for cyber intelligence services and other similar services necessary to implement the strategy developed under Section 411.554.

Sec. 411.556. SECURE STORAGE OF SENSITIVE INFORMATION. (a) Requires the unit to provide for the secure storage of sensitive information obtained or produced as part of the strategy developed under Section 411.554.

(b) Provides that information determined as sensitive under Subsection (a) is not subject to disclosure under Chapter 552 (Public Information).

Sec. 411.557. INFORMATION SHARING. Authorizes the unit, with the approval of the director, to share information determined sensitive under Section 411.556(a) with another federal, state, or local law enforcement agency. Provides that the disclosure of information under this section is not a voluntary disclosure under Section 552.007 (Voluntary Disclosure of Certain Information When Disclosure Not Required).

SECTION 3. Amends Chapter 470, Government Code, by adding Section 470.010, as follows:

[Note: S.B. 2514 as drafted does not contain any text in this space.]

SECTION 4. Amends Section 571.071, Government Code, by amending Subsection (a) and adding Subsections (e) and (f), as follows:

(a) Requires the Texas Ethics Commission (TEC) to perform certain actions, including providing, in cooperation with state agencies, a program of training for state employees on foreign influence in accordance with Subsection (e). Makes nonsubstantive changes.

(e) Requires TEC to develop a training program to educate state employees on the influence operations of foreign adversaries and other hostile foreign actors, including the United Front Work Department of the central committee of the Chinese Communist Party and other coordinated foreign influence operations. Requires that the training program include education on:

(1) known efforts by foreign adversaries to target and influence subnational governments, including efforts made by the United Front Work Department;

(2) identifying and recognizing suspected foreign influence operations;

(3) informational resources promulgated by federal, state, and nongovernmental organizations on United Front Work Department activities in this state and adjacent states; and

(4) reporting to TEC and law enforcement agencies suspected foreign influence operations and other interactions with persons acting on behalf of a foreign adversary.

(f) Defines "foreign adversary" and "foreign influence operation."

SECTION 5. Amends Subchapter C, Chapter 572, Government Code, by adding Section 572.070, as follows:

Sec. 572.070. PROHIBITIONS AND REPORTING REQUIREMENTS RELATED TO FOREIGN INFLUENCE; CRIMINAL OFFENSE. (a) Defines "foreign adversary."

(b) Prohibits an employee or volunteer of a state agency or a political subdivision of this state from accepting transportation to or lodging in a country that is a foreign adversary and that is paid for by the foreign adversary because of the employee's or volunteer's position with the state or political subdivision or accepting a gift or item of value from a person representing a foreign adversary for any purpose, including to pay for travel expenses or as reimbursement for the costs of attending a conference or other event in a country that is a foreign adversary or that is hosted on behalf of a foreign adversary or a principal of a foreign adversary.

(c) Requires an employee or volunteer of a state agency or a political subdivision of this state to report to TEC, in the form and manner TEC requires, each interaction, communication, or meeting the employee or volunteer has with a person acting on behalf of a foreign adversary not later than the 30th day after the date of the interaction, communication, or meeting. Requires TEC to make available a report under this subsection to the attorney general and DPS on request.

(d) Provides that a person commits an offense if the person violates this section. Provides that an offense under this subsection is a Class A misdemeanor.

SECTION 6. Requires the governor, as soon as practicable after the effective date of this Act but not later than January 1, 2026, to appoint the liaison required by Section 470.010, Government Code, as added by this Act.

SECTION 7. Makes application of Section 572.070(c), Government Code, as added by this Act, prospective to March 1, 2025.

SECTION 8. Effective date: September 1, 2025.