By: Hughes, Taylor  S.B. No. 1360
         (In the Senate - Filed March 10, 2021; March 18, 2021, read
  first time and referred to Committee on Higher Education;
  May 21, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; May 21, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1360 By:  Springer
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to notice of certain criminal conduct by a student or
  employee of a public or private institution of higher education in
  this state; authorizing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.956 to read as follows:
         Sec. 51.956.  NOTICE OF CERTAIN CRIMINAL CONDUCT. (a) This
  section applies only to criminal conduct that:
               (1)  is committed or alleged to have been committed by a
  student or employee of a public or private institution of higher
  education in this state; and
               (2)  poses or could have posed a threat to the security
  of the institution, of any political subdivision in which the
  institution is located, or of this state or nation.
         (b)  For purposes of this section, criminal conduct poses or
  could have posed a threat to the security of a public or private
  institution of higher education, of a political subdivision of this
  state, or of this state or nation if the applicable conduct contains
  elements of any of the following:
               (1)  theft of sensitive or protected intellectual
  capital;
               (2)  unauthorized access to sensitive or protected
  information such as intellectual capital, including a breach of
  computer security for purposes of gaining access to that
  information; or
               (3)  espionage conducted on behalf of a foreign
  government.
         (c)  An administrator or department head of a public or
  private institution of higher education who learns of a conviction,
  indictment or other formal criminal charge, or incident of evasion
  or abscondment occurring with respect to criminal conduct to which
  this section applies shall promptly report that information to the
  office of the president of the institution. The president shall
  promptly report that information to the secretary and presiding
  officer of the governing board of the institution.
         (d)  Not later than the 30th day after the date the president
  of a public or private institution of higher education is notified
  or otherwise learns of information described by Subsection (c), the
  president shall provide written notice regarding that information
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, and the presiding officer of each standing
  committee of the legislature with primary jurisdiction over higher
  education matters. Subject to Subsection (e), the written notice
  must contain any details about the information that are known by the
  president at the time of the notice, including, if known:
               (1)  the degree of access of the specified individual
  to sensitive or protected intellectual capital or to other
  sensitive or protected information;
               (2)  any link or affiliation of the individual to or
  with a foreign government or an organization affiliated with a
  foreign government; and
               (3)  a description of the nature and seriousness of the
  applicable conduct.
         (e)  The information required under Subsection (d) may be
  limited or redacted at the request of an appropriate investigative,
  prosecutorial, or judicial entity if that entity determines that
  the disclosure of that information would impair any pending
  judicial proceeding, including an appellate proceeding.  The name
  of a suspected individual who has not yet been convicted or charged
  must be redacted for purposes of any notice provided under this
  section.
         (f)  The notice is confidential and not subject to disclosure
  under Chapter 552, Government Code.
         (g)  A public or private institution of higher education
  whose president fails to timely provide the written notice as
  required by Subsection (d) is liable to the state for a civil
  penalty in an amount not to exceed $20,000 for each violation.  The
  attorney general may investigate any alleged violation of this
  section and may sue to collect the civil penalty described by this
  subsection.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
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