SB1741 - Relating to measures to prevent foreign influence, foreign interference, and intellectual property theft at public institutions of higher education.

      By: Parker, et al. S.B. No. 1741     A BILL TO BE ENTITLED   AN ACT   relating to measures to prevent foreign influence, foreign   interference, and intellectual property theft at public   institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 51, Education Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. FOREIGN INFLUENCE, FOREIGN INTERFERENCE, AND   INTELLECTUAL PROPERTY THEFT PREVENTION           Sec. 51.501.  DEFINITIONS. In this subchapter:                 (1)     "Coordinating board" means the Texas Higher   Education Coordinating Board.                 (2)     "Foreign adversary" means any country designated   as a foreign adversary by the United States secretary of commerce   under 15 C.F.R. Section 791.4.                 (3)     "Foreign government" means the government or an   agent of a country, nation, or group of nations, or a province or   other political subdivision of a country or nation, other than the   United States government.                 (4)     "Gift" means a gift, grant, endowment, award, or   donation of money or property of any kind, including a conditional   or unconditional pledge of the gift, grant, endowment, award, or   donation.                 (5)     "Institution of higher education" has the meaning   assigned by Section 61.003.           Sec.   51.502.     DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS.   Each institution of higher education that submits reporting on   foreign gift and contract disclosures to the United States   Department of Education required under Section 117, Higher   Education Act of 1965 (20 U.S.C. Section 1001 et seq.), shall submit   that reporting to the coordinating board at an interval determined   by coordinating board rule.           Sec.   51.503.     PROHIBITION ON ACCEPTING GIFTS, GRANTS, OR   DONATIONS FROM CERTAIN FOREIGN GOVERNMENTS. An institution of   higher education may not accept a gift, grant, or donation from a   foreign government of a foreign adversary.           Sec.   51.504.     TRAINING ON FOREIGN INFLUENCE, FOREIGN   INTERFERENCE, AND INTELLECTUAL PROPERTY THEFT PREVENTION. (a)   Each institution of higher education shall require each researcher,   faculty member, staff member, or student employee at the   institution who has access to sensitive, proprietary, or   export-controlled research or information to complete training on   the prevention of foreign influence, foreign interference, and   intellectual property theft.           (b)  The training must include instruction on:                 (1)     an understanding of the current national security   risks related to foreign influence, foreign interference, and   intellectual property theft;                 (2)     the methods used in foreign influence, foreign   interference, and intellectual property theft;                 (3)     the signs of foreign influence, foreign   interference, and intellectual property theft;                 (4)     measures to protect sensitive information and   intellectual property; and                 (5)     procedures for reporting suspected incidents of   foreign influence, foreign interference, or intellectual property   theft.           (c)     To the extent practicable, the training must be provided   in conjunction with any other training required for employees at   the institution of higher education and be consistent with any   other training on information security, export controls, or   compliance matters required by the institution.           (d)     Each institution of higher education shall maintain a   record of each person who completes training required under this   section.           (e)     An institution of higher education shall prohibit a   person who has not completed training required under this section   to have unsupervised access to sensitive, proprietary, or   export-controlled research or information until the person   completes the training.           Sec.   51.505.     REPORTING SYSTEM. Each institution of higher   education shall establish a reporting system for students, faculty,   and staff to report to the institution suspicious activity that may   be related to foreign influence, foreign interference, or   intellectual property theft.           Sec.   51.506.     RULES. The coordinating board shall adopt   rules necessary to implement this subchapter.          SECTION 2.  Not later than September 1, 2026, each public   institution of higher education shall:                (1)  submit the reports required under Section 51.502,   Education Code, as added by this Act; and                (2)  ensure that each applicable person at the   institution has completed the training required by Section 51.504,   Education Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.