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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain dealings with foreign adversaries |
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by public schools and public institutions of higher education; |
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providing civil penalties; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.1561 to read as follows: |
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Sec. 11.1561. PROHIBITIONS ON CERTAIN DEALINGS WITH FOREIGN |
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ADVERSARIES; OFFENSE. (a) In this section: |
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(1) "Contract" includes: |
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(A) an agreement involving the exchange of |
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faculty, staff, or students through any form of collaboration, |
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including a research partnership, joint academic program, faculty |
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or staff exchange, study abroad program, or student exchange |
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program; and |
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(B) an arrangement involving the transfer or |
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sharing of intellectual property or proprietary information. |
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(2) "Foreign adversary" means: |
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(A) the People's Republic of China, including the |
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Hong Kong and Macau special administrative regions but not |
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including Taiwan; |
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(B) the Islamic Republic of Iran; |
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(C) the Democratic People's Republic of Korea; |
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(D) the Russian Federation; or |
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(E) an agent, instrumentality, or entity owned, |
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operated, or directed by a country described by Paragraph (A), (B), |
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(C), or (D). |
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(b) Notwithstanding any other law: |
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(1) a school district may not: |
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(A) enter into a contract with a foreign |
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adversary for the adversary to directly or indirectly operate, |
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direct, or organize any academic program, including through the |
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selection of teachers or educational resources; |
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(B) use in any medium an educational material |
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produced or sold by a foreign adversary, unless the material has |
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been reviewed and approved by the agency; or |
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(C) carry an insurance policy that covers a |
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violation of this section; and |
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(2) a school district employee may not provide |
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material support for an academic or nonacademic program operated by |
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a foreign adversary. |
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(c) The agency shall make available to the public on the |
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agency's Internet website each educational material produced or |
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sold by a foreign adversary that the agency has reviewed and |
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approved under Subsection (b)(1)(B). If a technical or legal |
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constraint prevents publication of an educational material on the |
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agency's Internet website, the agency shall make a copy of the |
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material available for inspection at a reasonable time on request. |
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(d) This section, except Subsection (b)(1)(B), does not |
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apply to a noninstructional sports, games, music, or fine arts |
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competition. |
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(e) A school district that violates this section is liable |
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to this state for a civil penalty in the amount of $50,000 for each |
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violation. |
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(f) The attorney general may sue to collect the civil |
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penalty under Subsection (e). A suit under this subsection may be |
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filed in a district court in Travis County. |
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(g) A person commits an offense if the person knowingly |
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violates this section. An offense under this subsection is a felony |
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of the first degree. |
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(h) Sovereign, governmental, or official immunity, as |
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applicable, and any qualified immunity are waived and abolished to |
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the extent of liability created by this section. |
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SECTION 2. Section 12.013(b), Education Code, is amended to |
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read as follows: |
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(b) A home-rule school district is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) a provision of this title relating to limitations |
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on liability; and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) educator certification under Chapter 21 and |
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educator rights under Sections 21.407, 21.408, and 22.001; |
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(C) criminal history records under Subchapter C, |
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Chapter 22; |
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(D) student admissions under Section 25.001; |
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(E) school attendance under Sections 25.085, |
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25.086, and 25.087; |
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(F) inter-district or inter-county transfers of |
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students under Subchapter B, Chapter 25; |
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(G) elementary class size limits under Section |
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25.112, in the case of any campus in the district that fails to |
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satisfy any standard under Section 39.054(e); |
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(H) high school graduation under Section 28.025; |
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(I) special education programs under Subchapter |
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A, Chapter 29; |
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(J) bilingual education under Subchapter B, |
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Chapter 29; |
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(K) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(L) safety provisions relating to the |
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transportation of students under Sections 34.002, 34.003, 34.004, |
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and 34.008; |
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(M) computation and distribution of state aid |
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under Chapters 31, 43, and 48; |
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(N) extracurricular activities under Section |
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33.081; |
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(O) health and safety under Chapter 38; |
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(P) the provisions of Subchapter A, Chapter 39; |
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(Q) public school accountability and special |
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investigations under Subchapters A, B, C, D, and J, Chapter 39, and |
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Chapter 39A; |
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(R) options for local revenue levels in excess of |
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entitlement under Chapter 49; |
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(S) a bond or other obligation or tax rate under |
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Chapters 43, 45, and 48; |
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(T) purchasing under Chapter 44; [and] |
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(U) parental options to retain a student under |
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Section 28.02124; and |
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(V) certain dealings with foreign adversaries |
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under Section 11.1561. |
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SECTION 3. Section 12.056(b), Education Code, is amended to |
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read as follows: |
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(b) A campus or program for which a charter is granted under |
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this subchapter is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) high school graduation under Section 28.025; |
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(D) special education programs under Subchapter |
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A, Chapter 29; |
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(E) bilingual education under Subchapter B, |
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Chapter 29; |
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(F) prekindergarten programs under Subchapter E, |
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Chapter 29, except class size limits for prekindergarten classes |
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imposed under Section 25.112, which do not apply; |
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(G) extracurricular activities under Section |
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33.081; |
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(H) health and safety under Chapter 38; |
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(I) the provisions of Subchapter A, Chapter 39; |
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(J) public school accountability and special |
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investigations under Subchapters A, B, C, D, F, and J, Chapter 39, |
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and Chapter 39A; |
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(K) the duty to discharge or refuse to hire |
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certain employees or applicants for employment under Section |
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12.1059; [and] |
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(L) parental options to retain a student under |
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Section 28.02124; and |
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(M) certain dealings with foreign adversaries |
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under Section 11.1561. |
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SECTION 4. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29, except class size limits for prekindergarten |
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classes imposed under Section 25.112, which do not apply; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) the provisions of Subchapter A, Chapter 39; |
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(M) public school accountability and special |
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investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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39, and Chapter 39A; |
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(N) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(O) intensive programs of instruction under |
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Section 28.0213; |
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(P) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(Q) bullying prevention policies and procedures |
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under Section 37.0832; |
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(R) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(S) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(T) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(U) establishment of residency under Section |
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25.001; |
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(V) school safety requirements under Sections |
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37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and |
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37.2071 and Subchapter J, Chapter 37; |
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(W) the early childhood literacy and mathematics |
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proficiency plans under Section 11.185; |
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(X) the college, career, and military readiness |
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plans under Section 11.186; [and] |
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(Y) parental options to retain a student under |
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Section 28.02124; and |
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(Z) certain dealings with foreign adversaries |
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under Section 11.1561. |
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SECTION 5. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.985 to read as follows: |
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Sec. 51.985. PROHIBITIONS ON CERTAIN DEALINGS WITH FOREIGN |
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ADVERSARIES; OFFENSE. (a) In this section: |
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(1) "Board" and "institution of higher education" have |
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the meanings assigned by Section 61.003. |
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(2) "Contract" and "foreign adversary" have the |
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meanings assigned by Section 11.1561. |
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(b) Notwithstanding any other law: |
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(1) an institution of higher education may not: |
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(A) enter into a contract with a foreign |
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adversary for the adversary to directly or indirectly operate, |
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direct, or organize any academic program, including through the |
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selection of faculty members or educational resources; |
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(B) use in any medium an educational material |
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produced or sold by a foreign adversary, unless the material has |
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been reviewed and approved by the board; or |
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(C) carry an insurance policy that covers a |
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violation of this section; and |
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(2) an employee of an institution of higher education |
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may not provide material support for an academic or nonacademic |
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program operated by a foreign adversary. |
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(c) The board shall make available to the public on the |
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board's Internet website each educational material produced or sold |
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by a foreign adversary that the board has reviewed and approved |
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under Subsection (b)(1)(B). If a technical or legal constraint |
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prevents publication of an educational material on the board's |
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Internet website, the board shall make a copy of the material |
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available for inspection at a reasonable time on request. |
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(d) This section, except Subsection (b)(1)(B), does not |
|
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apply to a noninstructional sports, games, music, or fine arts |
|
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competition. |
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(e) An institution of higher education that violates this |
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section is liable to this state for a civil penalty in the amount of |
|
|
$50,000 for each violation. |
|
|
(f) The attorney general may sue to collect the civil |
|
|
penalty under Subsection (e). A suit under this subsection may be |
|
|
filed in a district court in Travis County. |
|
|
(g) A person commits an offense if the person knowingly |
|
|
violates this section. An offense under this subsection is a felony |
|
|
of the first degree. |
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(h) Sovereign, governmental, or official immunity, as |
|
|
applicable, and any qualified immunity are waived and abolished to |
|
|
the extent of liability created by this section. |
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SECTION 6. Sections 11.1561 and 51.985, Education Code, as |
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added by this Act, apply only to a contract entered into on or after |
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the effective date of this Act. A contract entered into before that |
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date is governed by the law in effect on the date the contract was |
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entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2025. |