By: Hughes S.B. No. 2514
A BILL TO BE ENTITLED
AN ACT
relating to establishing the hostile foreign adversaries unit at
the Department of Public Safety and training, prohibitions, and
reporting requirements designed to combat foreign influence and
foreign adversary operations; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. HOSTILE FOREIGN ADVERSARIES UNIT
Sec. 411.551. DEFINITIONS. In this subchapter:
(1) "Foreign adversary operation" means actions by
adversarial foreign governments that threaten the safety and
security of this state.
(2) "Unit" means the department's hostile foreign
adversaries unit established under this subchapter.
Sec. 411.552. HOSTILE FOREIGN ADVERSARIES UNIT. The
hostile foreign adversaries unit is established in the department
to support the department's duty to prevent the harassment and
coercion of this state's residents from foreign adversary
operations, strengthen state agencies against foreign adversary
operations, and protect this state's critical infrastructure
against threats foreign adversary operations pose.
Sec. 411.553. UNIT EMPLOYEES. The director may appoint
unit employees as necessary to perform unit functions.
Sec. 411.554. BIENNIAL REPORT. (a) Not later than December
1 of each even-numbered year, the unit shall submit to the governor
and the legislature a written report that assesses the threat
foreign adversary operations posed to this state, including to this
state's residents and governmental units, during the preceding two
years. The report must include:
(1) an assessment of the incidence of foreign
adversary operations conducted in this state, including operations
intended to influence political sentiment or public discourse; and
(2) strategies that have proven effective to combat
the operations described by Subdivision (1).
(b) On request by the unit, a state agency or a local law
enforcement agency shall provide to the unit information relating
to any foreign adversary operation that the agency has researched
or investigated or otherwise holds relevant information on.
Sec. 411.555. ADDITIONAL DUTIES. (a) The unit shall
collaborate with local governments and federal agencies to operate
the Texas Fusion Center.
(b) The unit shall refer for prosecution to the appropriate
prosecuting attorney cases in which individuals or organizations
have engaged in or assisted in foreign adversary operations in this
state.
Sec. 411.556. SECURE STORAGE OF SENSITIVE INFORMATION. (a)
The unit shall provide for the secure storage of sensitive
information obtained or produced as part of the report developed
under Section 411.554.
(b) Information determined as sensitive under Subsection
(a) is not subject to disclosure under Chapter 552.
Sec. 411.557. INFORMATION SHARING. With the approval of
the director, the unit may share information determined sensitive
under Section 411.556(a) with another federal, state, or local law
enforcement agency. The disclosure of information under this
section is not a voluntary disclosure under Section 552.007.
Sec. 411.558. RULES. The commission may adopt rules to
implement this subchapter.
SECTION 2. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.070 to read as follows:
Sec. 572.070. PROHIBITIONS AND REPORTING REQUIREMENTS
RELATED TO FOREIGN INFLUENCE; CRIMINAL OFFENSE. (a) In this
section, "foreign adversary" means a country:
(1) identified by the United States Director of
National Intelligence as a country that poses a risk to the national
security of the United States in at least one of the three most
recent Annual Threat Assessments of the U.S. Intelligence Community
issued pursuant to Section 108B, National Security Act of 1947 (50
U.S.C. Section 3043b); or
(2) designated by the governor after consultation with
the public safety director of the Department of Public Safety.
(b) An employee or volunteer of a state agency or a
political subdivision of this state may not:
(1) accept 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
(2) accept 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) An employee or volunteer of a state agency or a
political subdivision of this state shall report to the commission,
in the form and manner the commission 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. The commission shall make available a report under this
subsection to the attorney general and the Texas Department of
Public Safety on request.
(d) A person commits an offense if the person knowingly
violates this section. An offense under this subsection is a state
jail felony.
SECTION 3. Section 2054.519, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) In addition to the requirements for certification under
Subsection (b), a cybersecurity training program must include
education on:
(1) the threat 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;
(2) known efforts by foreign adversaries to target and
influence subnational governments, including efforts made by the
United Front Work Department;
(3) identifying and recognizing suspected foreign
influence operations;
(4) informational resources promulgated by federal,
state, and nongovernmental organizations on United Front Work
Department activities in this state and adjacent states; and
(5) reporting to the Texas Ethics Commission as
required by Section 572.070 and to law enforcement agencies
suspected foreign influence operations and other interactions with
persons acting on behalf of a foreign adversary.
(g) In Subsection (f), "foreign adversary" has the meaning
assigned by Section 572.070.
SECTION 4. Section 572.070(c), Government Code, as added by
this Act, applies to an interaction, communication, or meeting with
a person acting on behalf of a foreign adversary that occurs on or
after March 1, 2025. A person required to report an interaction,
communication, or meeting under that section that occurred before
the effective date of this Act shall make the report not later than
the 30th day after the effective date of this Act.
SECTION 5. (a) Not later than December 1, 2025, the
Department of Information Resources shall adopt rules implementing
the certification requirements of Section 2054.519(f), Government
Code, as added by this Act.
(b) Section 2054.519(f), Government Code, as added by this
Act, applies only to the certification of a cybersecurity training
program under that section that occurs on or after May 1, 2026. The
certification of a cybersecurity training program under that
section that occurs before May 1, 2026, is governed by the law in
effect on the date of the certification, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.