SB1488 - Relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.

  89R10323 JTZ-D     By: Hall S.B. No. 1488       A BILL TO BE ENTITLED   AN ACT   relating to restricting research on potentially pandemic pathogens   in this state; creating a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The legislature finds that:                (1)  gain of function research was a concern for the   federal government, resulting in a three-year moratorium on the   funding of that research from 2014 to 2017;                (2)  the COVID-19 pandemic may have been the result of a   pathogen leak from a secure lab in which gain of function research   was being conducted;                (3)  gain of function research, which involves   manipulating potentially pandemic pathogens, poses a biosecurity   vulnerability to this state; and                (4)  residents of this state have a right to know the   vulnerabilities posed by gain of function research on pathogens.          SECTION 2.  Subtitle H, Title 3, Education Code, is amended   by adding Chapter 158 to read as follows:   CHAPTER 158. RESEARCH INVOLVING POTENTIALLY PANDEMIC PATHOGENS           Sec. 158.001.  DEFINITIONS. In this chapter:                 (1)     "Gain of function research" means research that   may reasonably be anticipated to enhance the transmissibility or   virulence of a potentially pandemic pathogen.                 (2)     "Institution of higher education" has the meaning   assigned by Section 61.003.                 (3)     "Potentially pandemic pathogen" means a virus,   bacteria, fungus, or eukaryotic parasite, or any strain or variant   of a virus, bacteria, fungus, or eukaryotic parasite, that is:                       (A)     likely, moderately, or highly transmissible   and likely capable of wide and uncontrollable spread in human   populations;                       (B)     likely, moderately, or highly virulent and   likely to cause significant mortality and morbidity in human   beings; or                         (C)     likely to pose a severe threat to public   health and safety, the capacity of public health systems, or the   security of this state if allowed to spread within the general   population.           Sec.   158.002.     PROHIBITED GAIN OF FUNCTION RESEARCH ON   POTENTIALLY PANDEMIC PATHOGENS. (a)   Notwithstanding any other   law, an institution of higher education may not conduct or provide   funding to another entity to conduct gain of function research on   potentially pandemic pathogens.             (b)     An institution of higher education that violates this   section is ineligible to receive state funds.          SECTION 3.  The heading to Chapter 81, Health and Safety   Code, is amended to read as follows:   CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC   HEALTH EMERGENCIES ; POTENTIALLY PANDEMIC PATHOGENS          SECTION 4.  Chapter 81, Health and Safety Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. REPORT ON RESEARCH INVOLVING POTENTIALLY PANDEMIC   PATHOGENS           Sec. 81.451.  DEFINITIONS. In this subchapter:                 (1)     "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                 (2)     "Potentially pandemic pathogen" has the meaning   assigned by Section 158.001, Education Code.           Sec.   81.452.     REQUIRED REPORT. (a)   Each entity, including   an institution of higher education and a private college or   university, that intends to conduct research on a potentially   pandemic pathogen in this state, regardless of whether the entity   will use state money for the research, shall, at least 90 days   before beginning the research, provide to the department a written   report on the intended research that includes the following   information:                 (1)  the location where the research will be conducted;                 (2)  the scope, nature, and purpose of the research;                 (3)  the source of funding for the research;                 (4)     the identity of the pathogen, including the   strains or variant of the pathogen, that will be used or analyzed in   the research;                 (5)     the potential impacts the pathogen will have on   the public if released into the general population; and                 (6)     the measures the entity will take to ensure the   pathogen is not released into the general population.           (b)     On the department's request, an entity that submits a   report under Subsection (a) shall provide to the department any   additional information the department determines is necessary for   the department to:                 (1)     properly inform federal, state, and local   governmental authorities that the research will be conducted; and                   (2)     ensure adequate response plans and resources are   available in the event a potentially pandemic pathogen is released   into the general population.           (c)     If, after reviewing the information the entity submits   under Subsections (a) and (b), the department determines that the   entity's intended research poses a substantial and unjustifiable   risk to public health and safety, the capacity of public health   systems, or the security of this state, the department may:                 (1)     for research conducted by an institution of higher   education, request the governor to issue an order prohibiting the   research; or                 (2)     for research conducted by a private college,   university, or other private entity, request the attorney general   to seek an injunction to enjoin the conduct of the research.             Sec.   81.453.     CIVIL PENALTY. (a)   An entity that fails to   timely submit a report required by Section 81.452 is liable to this   state for a civil penalty in an amount not less than $50,000 or more   than $100,000 for each violation. Each day of a continuing   violation is a separate violation.           (b)     The attorney general may investigate an alleged   violation of this section and may sue to collect the civil penalty.           (c)     Sovereign or governmental immunity of an institution of   higher education to suit is waived and abolished to the extent of   liability created by this section.           Sec.   81.454.     RULES. The executive commissioner shall adopt   the rules necessary to administer this subchapter, including rules   prescribing the form and manner of submitting the report required   by Section 81.452.          SECTION 5.  Subchapter K, Chapter 81, Health and Safety   Code, as added by this Act, applies only to research beginning on or   after December 1, 2025.          SECTION 6.  As soon as possible after the effective date of   this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement   Subchapter K, Chapter 81, Health and Safety Code, as added by this   Act.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.