By: Parker, et al.  S.B. No. 1537
         (In the Senate - Filed March 3, 2023; March 16, 2023, read
  first time and referred to Subcommittee on Higher Education;
  May 10, 2023, reported favorably from Committee on Education by the
  following vote:  Yeas 11, Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to measures to prevent espionage and intellectual property
  theft at public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 51, Education Code, is amended by adding
  Subchapter J to read as follows:
  SUBCHAPTER J. ESPIONAGE AND INTELLECTUAL PROPERTY THEFT PREVENTION
         Sec. 51.501.  DEFINITIONS. In this subchapter:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
         Sec. 51.502.  DISCLOSURE OF FOREIGN FUNDING. Not later than
  September 1 of each year, each institution of higher education
  shall submit to the coordinating board a report on the funding
  received by the institution from a foreign entity during the
  preceding academic year.
         Sec. 51.503.  PROHIBITION ON ACCEPTING GIFTS, GRANTS, OR
  DONATIONS FROM CERTAIN FOREIGN ENTITIES. An institution of higher
  education may not accept a gift, grant, or donation from the
  government of China or a company or other entity directly or
  indirectly controlled by the government of China.
         Sec. 51.504.  TRAINING ON ESPIONAGE AND INTELLECTUAL
  PROPERTY THEFT PREVENTION. (a) Each institution of higher
  education shall require each researcher at the institution to
  complete training on the prevention of espionage and intellectual
  property theft.
         (b)  The training must include instruction on:
               (1)  an understanding of the current national security
  risks related to espionage and intellectual property theft;
               (2)  the methods used in espionage and intellectual
  property theft;
               (3)  the signs of espionage and intellectual property
  theft;
               (4)  measures to protect sensitive information and
  intellectual property; and
               (5)  procedures for reporting suspected incidents of
  espionage or intellectual property theft.
         (c)  The training must be provided in conjunction with any
  other training required for researchers at the institution of
  higher education provided by the institution's information
  security office.
         Sec. 51.505.  REPORTING SYSTEM. Each institution of higher
  education shall establish a reporting system for students, faculty,
  and staff to report to the institution suspicious activity that may
  be related to espionage or intellectual property theft.
         Sec. 51.506.  RULES. The coordinating board shall adopt
  rules necessary to implement this subchapter.
         SECTION 2.  Not later than September 1, 2024, each public
  institution of higher education shall:
               (1)  submit the initial report required under Section
  51.502, Education Code, as added by this Act; and
               (2)  ensure that each researcher at the institution has
  completed the training required by Section 51.504, Education Code,
  as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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