BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1603

81R5591 KJM-D                                                                                                          By: Shapleigh

Higher Education

4/20/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The importance of research in our society cannot be underestimated.  Legislators, business people, and educators all make decisions based on research, which means that research findings have an enormous impact on communities.  As a result, we must ensure that research is reliable. 

Many Texas institutions of higher education perform scientific and social research and publish reports of research results.  Funding for such reports can come from a variety of sources, such as private corporations, government agencies, and nonprofit agencies.  To maintain the integrity of these research reports, we must address the potential conflict of interest that can arise from this funding relationship.  Further, since research performed by institutions of higher education often carries with it a certain level of credibility, we must ensure that any funding relationship is fully disclosed to avoid any appearance of impropriety. 

As proposed, S.B. 1603 amends the Education Code to require institutions of higher education to disclose information regarding payment for reports.  This bill requires that institutions of higher education that receive payment from another entity to conduct research and prepare a report of that work to include in the report a statement disclosing the funding entity and the amount of the payment. 

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 Subchapter Z, Chapter 51, Education Code, by adding Section 51.955, as follows: 

Sec.  51.955.  REQUIRED DISCLOSURE OF PAYMENT FOR REPORTS.  Requires an institution of higher education, as defined by Section 61.003, that receives payment from another entity to conduct research, analysis, a survey, or other academic, scientific, or technical work and prepare a report of that work to include in the report a statement that the institution received payment to conduct the work and prepare the report, the identity of the entity providing the payment, and the amount of the payment. 

SECTION 2.  Effective date:  upon passage or September 1, 2009.