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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure by public institutions of higher |
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education of the identity of private sponsors of certain research. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.955 to read as follows: |
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Sec. 51.955. DISCLOSURE IN PUBLICATIONS OF PRIVATE SPONSORS |
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OF RESEARCH. (a) An institution of higher education that publishes |
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the results of the institution's privately sponsored research shall |
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conspicuously disclose the identity of each sponsor in the |
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publication. |
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(b) An institution of higher education shall require any |
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entity publishing the results of the institution's privately |
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sponsored research to enter into an agreement stating that the |
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publication may identify the institution as the producer of the |
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research only if the entity conspicuously discloses in the |
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publication the identity of each sponsor of the research. |
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(c) This section does not apply to: |
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(1) research in the humanities or social sciences; |
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(2) a sponsor that is a governmental entity; or |
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(3) a sponsor that is a recipient of a research |
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contract or grant from the federal government if funds under that |
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contract or grant that are passed through to the institution of |
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higher education are the only funds provided by the sponsor for the |
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research. |
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(d) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Privately sponsored research" means research |
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conducted by a faculty member or other appointee or employee of an |
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institution of higher education under a contract with or a grant |
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from an individual, a for-profit or nonprofit corporation, or a |
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foundation in which: |
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(A) payments under the contract or grant funding |
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the research, or under more than one such contract or grant funding |
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the research, constitute at least 50 percent of the cost of |
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conducting the research; or |
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(B) under the contract or grant, the individual, |
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corporation, or foundation has authority to approve any of the |
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following: |
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(i) the research study design; |
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(ii) the collection, analysis, and |
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interpretation of data; |
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(iii) the writing of any report of the |
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research results; or |
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(iv) the decision to submit the report to a |
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scholarly journal or other substantive publication. |
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(3) "Publication" means the communication of |
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information to the public in printed text, including electronic |
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text posted on a website, bulletin board, or similar Internet host |
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for information. |
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(4) "Sponsor" means an individual, corporation, or |
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foundation that contracts for or provides a grant for privately |
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sponsored research. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |