By: Hughes  S.B. No. 1273
         (In the Senate - Filed February 13, 2025; February 28, 2025,
  read first time and referred to Committee on Education K-16;
  March 26, 2025, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; March 26, 2025,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1273 By:  Creighton
 
 
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.
 
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