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AN ACT
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relating to establishing the Higher Education Research Security |
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Council. |
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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 51.957 to read as follows: |
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Sec. 51.957. HIGHER EDUCATION RESEARCH SECURITY COUNCIL. |
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(a) In this section: |
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(1) "Council" means the Higher Education Research |
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Security Council established under this section. |
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(2) "Postsecondary educational institution" means an |
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institution of higher education or a private or independent |
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institution of higher education, as those terms are defined by |
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Section 61.003. |
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(3) "Tier one research institution" means a |
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postsecondary educational institution in this state designated as |
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R1: very high spending and doctorate production in the 2025 |
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Carnegie Classification of Institutions of Higher Education |
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published by the Indiana University Center for Postsecondary |
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Research. |
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(4) "University system" has the meaning assigned by |
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Section 61.003. |
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(b) The Higher Education Research Security Council is |
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established to promote secure academic research at tier one |
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research institutions while mitigating the risk of foreign |
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espionage and interference. |
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(c) The council is composed of: |
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(1) each research security officer designated under |
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Section 51.956; and |
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(2) a research security officer designated by each |
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private or independent institution of higher education, as defined |
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by Section 61.003, that elects to participate in the council. |
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(d) If the governing board of a university system has |
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designated under Section 51.956 a research security officer for |
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each institution of higher education under the governing board's |
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management and control, the chancellor of the university system |
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shall designate one of the research security officers to serve as a |
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voting member on the council. The other research security officers |
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designated by the governing board under Section 51.956 to serve in |
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an institutional capacity shall serve as nonvoting members on the |
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council. |
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(e) A council member serves at the will of the person who |
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designated the member. |
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(f) A vacancy on the council shall be filled in the same |
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manner as the original designation. |
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(g) The council member designated under Section 51.956 for |
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The Texas A&M University System shall serve as the initial |
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presiding officer of the council. |
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(h) The council shall: |
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(1) identify best practices for a tier one research |
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institution to conduct research securely while mitigating the |
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threat of foreign espionage and interference; |
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(2) develop a research security policy that a tier one |
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research institution shall adopt to improve research security; |
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(3) establish an accreditation process under which the |
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council shall award a tier one research institution an |
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accreditation for security excellence; |
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(4) promote attendance at the annual academic security |
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and counter exploitation program seminar offered by The Texas A&M |
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University System; and |
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(5) develop and offer an annual training program for |
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tier one research institution security officers that includes: |
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(A) background and academic history checks of |
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researchers; and |
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(B) research security and integrity tools and |
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software that must be used to prevent the loss of intellectual |
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capital. |
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(i) The council shall meet at least once each quarter. |
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(j) A meeting conducted under Subsection (i) must be in |
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person or by video conference call, as determined by the presiding |
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officer. |
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(k) The council shall prepare and submit to the governor, |
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the attorney general's office, and the presiding officer of each |
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legislative committee with primary jurisdiction over higher |
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education an annual report on the status of research security at |
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tier one research institutions and any associated recommendations. |
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(l) A report submitted under Subsection (k) is confidential |
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and is not subject to disclosure under Chapter 552, Government |
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Code. |
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(m) The council may solicit and accept gifts, grants, and |
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donations for purposes of this section but may not solicit or accept |
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a gift, grant, or donation from an entity or country: |
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(1) prohibited from participating in federal |
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contracts under Section 889, John S. McCain National Defense |
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Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232); |
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(2) identified as a Chinese military company by the |
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United States Department of Defense in accordance with Section |
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1260H, William M. (Mac) Thornberry National Defense Authorization |
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Act for Fiscal Year 2021 (Pub. L. No. 116-283); |
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(3) owned by the government of a country designated as |
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a foreign adversary by the United States secretary of commerce |
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under 15 C.F.R. Section 791.4; or |
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(4) controlled by a governing or regulatory body |
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located in a country described by Subdivision (3). |
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SECTION 2. (a) Not later than October 1, 2025, the |
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appropriate entities shall designate the members of the Higher |
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Education Research Security Council established under Section |
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51.957, Education Code, as added by this Act. |
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(b) Not later than January 1, 2026, the Higher Education |
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Research Security Council established under Section 51.957, |
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Education Code, as added by this Act, shall hold its initial |
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meeting. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1273 passed the Senate on |
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April 10, 2025, by the following vote: Yeas 28, Nays 2; and that |
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the Senate concurred in House amendment on May 12, 2025, by the |
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following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1273 passed the House, with |
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amendment, on May 6, 2025, by the following vote: Yeas 139, |
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Nays 5, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |