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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 84th |
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Legislature, Regular Session, 2015, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 1295 (the disclosure of research, research sponsors, |
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and interested parties by persons contracting with governmental |
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entities and state agencies) to consider and take action on the |
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following matter: |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add text on a matter not included in either the house or senate |
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version of the bill by adding, in SECTION 2 of the bill, proposed |
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Sections 51.955(b) and (c), Education Code, as follows: |
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(b) A state agency that expends appropriated funds may |
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not: |
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(1) enter into a research contract with an |
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institution of higher education if that contract contains a |
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provision precluding public disclosure of any final data |
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generated or produced in the course of executing the contract |
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unless the agency reasonably determines that the premature |
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disclosure of such data would adversely affect public safety, the |
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protection of intellectual property rights of the institution of |
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higher education, publication rights in professional scientific |
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publications, or valuable confidential information of the |
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institution of higher education or a third party; or |
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(2) adopt a rule that is based on research conducted |
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under a contract entered into with an institution of higher |
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education unless the agency: |
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(A) has made the results of the research and |
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all data supporting the research publicly available; or |
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(B) reasonably determines that the premature |
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disclosure of such data would adversely affect public safety, the |
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protection of intellectual property rights of the institution of |
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higher education, publication rights in professional scientific |
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publications, or valuable confidential information of the |
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institution of higher education or a third party. |
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(c) Subsection (b)(1) does not apply to a research |
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contract between an institution of higher education and the |
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Cancer Prevention and Research Institute of Texas. |
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Explanation: The change is necessary to protect public |
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safety, certain intellectual property and publication rights, |
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and certain valuable confidential information and to exempt the |
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Cancer Prevention and Research Institute of Texas from |
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disclosure of final data generated or produced in the course of |
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executing a contract with an institution of higher education. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2015, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |