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89(R) HB 4762 - House Committee Report version - Bill Text
89R21284 CXP-D
By: Wilson
H.B. No. 4762
Substitute the following for H.B. No. 4762:
By: Wilson
C.S.H.B. No. 4762
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.