By: Hall S.B. No. 1583

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting institutions of higher education or entities receiving public funds from conducting gain of function research on potentially pandemic pathogens in this state; creating a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The legislature finds that:

(1) gain of function research was a concern for the federal government, resulting in a three-year moratorium on the funding of that research from 2014 to 2017;

(2) the COVID-19 pandemic may have been the result of a pathogen leak from a secure lab in which gain of function research was being conducted;

(3) gain of function research, which involves manipulating potentially pandemic pathogens, poses a biosecurity vulnerability to this state; and

(4) residents of this state have a right to know the vulnerabilities posed by gain of function research on pathogens.

SECTION 2. Subtitle H, Title 3, Education Code, is amended by adding Chapter 158 to read as follows:

CHAPTER 158. RESEARCH INVOLVING POTENTIALLY PANDEMIC PATHOGENS

Sec. 158.001. GENERAL DEFINITIONS. In this chapter:

(1) "Gain of function research" means research that may reasonably be anticipated to enhance the transmissibility or virulence of a potentially pandemic pathogen.

(2) "Institution of higher education" has the meaning assigned by Section 61.003.

Sec. 158.002. DEFINITION OF POTENTIALLY PANDEMIC PATHOGEN. (a) In this chapter, "potentially pandemic pathogen" means a virus, bacteria, fungus or eukaryotic parasite, or any strain or variant of a virus, bacteria, fungus or eukaryotic parasite, that is:

(1) likely, moderately, or highly transmissible and likely capable of wide and uncontrollable spread in human populations;

(2) likely, moderately, or highly virulent and likely to cause significant mortality and morbidity in human beings; or

(3) likely to pose a severe threat to public health and safety, the capacity of public health systems, or the security of this state if allowed to spread within the general population.

Sec. 158.003. PROHIBITED GAIN OF FUNCTION RESEARCH ON POTENTIALLY PANDEMIC PATHOGENS. (a) Notwithstanding any other law, an institution of higher education may not conduct or provide funding to another entity to conduct gain of function research on potentially pandemic pathogens.

(b) An institution of higher education that violates this section is ineligible to receive state funds.

SECTION 3. The heading to Chapter 81, Health and Safety Code, is amended to read as follows:

CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC

HEALTH EMERGENCIES; POTENTIALLY PANDEMIC PATHOGENS

SECTION 4. Chapter 81, Health and Safety Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. REPORT ON RESEARCH INVOLVING POTENTIALLY PANDEMIC

PATHOGENS

Sec. 81.451. DEFINITIONS. In this subchapter:

(1) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(2) "Potentially pandemic pathogen" has the meaning assigned by Section 158.002, Education Code.

Sec. 81.452. REQUIRED REPORT. (a) Each entity, including an institution of higher education and a private college or university, or other private entity, that intends to conduct research on a potentially pandemic pathogen in this state, regardless of whether the entity will use state money for the research, shall, at least 90 days before beginning the research, provide to the department a written report on the intended research that includes the following information:

(1) the location where the research will be conducted;

(2) the scope, nature, and purpose of the research;

(3) the source of funding for the research;

(4) the identity of the pathogen, including the strains or variant of the pathogen, that will be used or analyzed in the research;

(5) the potential impacts the pathogen will have on the public if released into the general population; and

(6) the measures the entity will take to ensure the pathogen is not released into the general population.

(b) On the department's request, an entity that submits a report under Subsection (a) shall provide to the department any additional information the department determines is necessary for the department to:

(1) properly inform federal, state, and local governmental authorities that the research will be conducted; and

(2) ensure adequate response plans and resources are available in the event a potentially pandemic pathogen is released into the general population.

(c) If, after reviewing the information the entity submits under Subsections (a) and (b), the department determines that the entity's intended research poses a substantial and unjustifiable risk to public health and safety, the capacity of public health systems, or the security of this state, the department may:

(1) for research conducted by an institution of higher education, request the governor to issue an order prohibiting the research; or

(2) for research conducted by a private college, university, or other private entity, request the attorney general to seek an injunction to enjoin the conduct of the research.

Sec. 81.453. CIVIL PENALTY. (a) An entity that fails to timely submit a report required by Section 81.452 is liable to this state for a civil penalty in an amount not less than $50,000 or more than $100,000 for each violation. Each day of a continuing violation is a separate violation.

(b) The attorney general may investigate an alleged violation of this section and may sue to collect the civil penalty.

(c) Sovereign or governmental immunity of an institution of higher education to suit is waived and abolished to the extent of liability created by this section.

Sec. 81.454. RULES. The executive commissioner shall adopt the rules necessary to administer this subchapter, including rules prescribing the form and manner of submitting the report required by Section 81.452.

SECTION 5. As soon as possible after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Subchapter K, Chapter 81, Health and Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2023.