BILL ANALYSIS

S.B. 1565

By: Hughes

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

As universities in Texas continue to conduct robust and cutting-edge research, there must also be additional efforts made to strengthen security protocols to protect against any potential theft of information. Accordingly, S.B. 1565 seeks to provide for the establishment of policy frameworks for research security at public institutions of higher education.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1565 amends the Education Code to require the governing board of each public institution of higher education to establish a policy framework that promotes secure academic research at the institution while mitigating the risk of foreign espionage and interference. The bill requires

the governing board of a university system to establish a separate policy framework for each institution under the governing board's management and control.

S.B. 1565 requires the policy framework to address the following:

· achieving the highest level of compliance with applicable ethical, legal, regulatory, contractual, and system standards and requirements for securing and protecting the institution's research portfolios;

· promoting within the institution an organizational culture of compliance with federal requirements to ensure the institution maintains eligibility for federal funding; and

· designating a person to serve as a research security officer responsible for maintaining classified information, maintaining controlled unclassified information, conducting foreign influence reporting, and addressing other issues at the institution associated with the goals of the policy framework.

The bill authorizes the governing board of a university system to designate a person to serve as a research security officer in an institutional or system-wide capacity and requires a person designated to serve as a research security officer to attend the annual academic security and counter exploitation program seminar offered by Texas A&M University.

EFFECTIVE DATE

September 1, 2023.