HB4762 - Relating to establishing the Higher Education Research Security Council.

  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.