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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting public institutions of higher education and |
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employees of public institutions of higher education and their |
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spouses from soliciting or accepting gifts, grants, donations, or |
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investments from certain foreign entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.984 to read as follows: |
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Sec. 51.984. PROHIBITION ON SOLICITING OR ACCEPTING GIFTS, |
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GRANTS, DONATIONS, OR INVESTMENTS FROM CERTAIN FOREIGN ENTITIES. |
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(a) In this section: |
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(1) "Designated country" means: |
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(A) a country identified by the United States |
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director of national intelligence as a country that poses a risk to |
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the national security of the United States in at least one of the |
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three most recent Annual Threat Assessments of the U.S. |
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Intelligence Community issued pursuant to Section 108B, National |
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Security Act of 1947 (50 U.S.C. Section 3043b); and |
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(B) a country designated by the governor after |
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consultation with the director of the Department of Public Safety. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) Notwithstanding any other law, an institution of higher |
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education or an employee or spouse of an employee of an institution |
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of higher education in the employee's or spouse's official or |
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private capacity may not solicit or accept a gift, grant, donation, |
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or investment from: |
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(1) a governmental entity of a designated country; |
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(2) a political party of a designated country, |
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including private money from any party member; or |
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(3) a company: |
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(A) that is headquartered in a designated |
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country; and |
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(B) in which a governmental entity of a |
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designated country holds an ownership interest. |
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(c) An institution of higher education shall include in any |
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employment contract entered into between the institution and an |
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employee a prohibition against the conduct described by Subsection |
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(b) by the employee or spouse of the employee. |
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(d) An institution of higher education or an employee or |
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spouse of an employee of an institution of higher education shall |
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return any money or other thing of value received in violation of |
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this section during the preceding state fiscal biennium to the |
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entity or entities that provided the money or other thing of value |
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to the institution, employee, or spouse of the employee. |
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(e) The Texas Higher Education Coordinating Board may adopt |
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rules as necessary to implement this section. |
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SECTION 2. Section 51.984(c), Education Code, as added by |
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this Act, applies only to a contract entered into or renewed on or |
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after the effective date of this Act. A contract entered into or |
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renewed before that date is governed by the law in effect on the |
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date the contract was entered into or renewed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |