|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to establishing the Higher Education Research Security |
|
Council. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|
amended by adding Section 51.957 to read as follows: |
|
Sec. 51.957. HIGHER EDUCATION RESEARCH SECURITY COUNCIL. |
|
(a) In this section: |
|
(1) "Council" means the Higher Education Research |
|
Security Council established under this section. |
|
(2) "Postsecondary educational institution" means an |
|
institution of higher education or a private or independent |
|
institution of higher education, as those terms are defined by |
|
Section 61.003. |
|
(3) "Tier one research institution" means a |
|
postsecondary educational institution in this state designated as |
|
R1: very high spending and doctorate production in the 2025 |
|
Carnegie Classification of Institutions of Higher Education |
|
published by the Indiana University Center for Postsecondary |
|
Research. |
|
(b) The Higher Education Research Security Council is |
|
established to promote secure academic research at tier one |
|
research institutions while mitigating the risk of foreign |
|
espionage and interference. |
|
(c) The council is composed of: |
|
(1) each research security officer designated under |
|
Section 51.956; and |
|
(2) a research security officer designated by each |
|
private or independent institution of higher education, as defined |
|
by Section 61.003, that elects to participate in the council. |
|
(d) A council member serves at the will of the person who |
|
designated the member. |
|
(e) A vacancy on the council shall be filled in the same |
|
manner as the original designation. |
|
(f) The council member designated under Section 51.956 for |
|
The Texas A&M University System shall serve as the initial |
|
presiding officer of the council. |
|
(g) The council shall: |
|
(1) identify best practices for a tier one research |
|
institution to conduct research securely while mitigating the |
|
threat of foreign espionage and interference; |
|
(2) develop a research security policy that a tier one |
|
research institution shall adopt to improve research security; |
|
(3) establish an accreditation process under which the |
|
council shall award a tier one research institution an |
|
accreditation for security excellence; |
|
(4) promote attendance at the annual academic security |
|
and counter exploitation program seminar offered by The Texas A&M |
|
University System; and |
|
(5) develop and offer an annual training program for |
|
tier one research institution security officers that includes: |
|
(A) background and academic history checks of |
|
researchers; and |
|
(B) research security and integrity tools and |
|
software that must be used to prevent the loss of intellectual |
|
capital. |
|
(h) The council shall meet at least once each quarter. |
|
(i) A meeting conducted under Subsection (h) must be in |
|
person or by video conference call, as determined by the presiding |
|
officer. |
|
(j) The council shall prepare and submit to the governor, |
|
the attorney general's office, and the presiding officer of each |
|
legislative committee with primary jurisdiction over higher |
|
education an annual report on the status of research security at |
|
tier one research institutions and any associated recommendations. |
|
(k) A report submitted under Subsection (j) is confidential |
|
and is not subject to disclosure under Chapter 552, Government |
|
Code. |
|
(l) The council may solicit and accept gifts, grants, and |
|
donations for purposes of this section but may not solicit or accept |
|
a gift, grant, or donation from an entity or country: |
|
(1) prohibited from participating in federal |
|
contracts under Section 889, John S. McCain National Defense |
|
Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232); |
|
(2) identified as a Chinese military company by the |
|
United States Department of Defense in accordance with Section |
|
1260H, William M. (Mac) Thornberry National Defense Authorization |
|
Act for Fiscal Year 2021 (Pub. L. No. 116-283); |
|
(3) owned by the government of a country designated as |
|
a foreign adversary by the United States secretary of commerce |
|
under 15 C.F.R. Section 791.4; or |
|
(4) controlled by a governing or regulatory body |
|
located in a country described by Subdivision (3). |
|
SECTION 2. (a) Not later than October 1, 2025, the |
|
appropriate entities shall designate the members of the Higher |
|
Education Research Security Council established under Section |
|
51.957, Education Code, as added by this Act. |
|
(b) Not later than January 1, 2026, the Higher Education |
|
Research Security Council established under Section 51.957, |
|
Education Code, as added by this Act, shall hold its initial |
|
meeting. |
|
SECTION 3. This Act takes effect September 1, 2025. |
|
|
|
* * * * * |