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Texas Education Code - EDUC § 51.957. Higher Education Research Security Council

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of § 51.957 as added by Acts 2025, 89th Leg., ch. 1071 (H.B. 127), § 1.  See, also, § 51.957 as added by Acts 2025, 89th Leg., ch. 187 (S.B. 1273), § 1. >

(a) In this section:

(1) "Council" means the Higher Education Research Security Council established under this section.

(2) "Governing board," "institution of higher education," "private or independent institution of higher education," "public junior college," "public technical institute," and "university system" have the meanings assigned by Section 61.003.

(3) "Postsecondary educational institution" means an institution of higher education, other than a public junior college or public technical institute, or a private or independent tier one research institution.

(4) "Private or independent tier one research institution" means a private or independent institution of higher education 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 postsecondary educational institutions while mitigating the risk of foreign espionage and interference.

(c) The council is composed of the following members:

(1) one research security officer appointed by the governing board of each university system;

(2) one additional research security officer appointed by each governing board of a university system that oversees one or more medical schools, as defined by Section 61.501, if the governing board elects to make that additional appointment;

(3) one research security officer appointed by the governing board of Texas Southern University;  and

(4) one research security officer appointed by each private or independent tier one research institution that elects to participate in the council.

(d) A council member appointed under Subsection (c)(2) or (4) serves as a nonvoting member.

(e) A council member serves at the will of the person who appointed the member.

(f) A vacancy on the council shall be filled in the same manner as the original appointment.

(g) The council member appointed under Subsection (c)(1) for The Texas A&M University System shall serve as the initial presiding officer of the council.

(h) The council shall:

(1) identify best practices for a postsecondary educational institution to:

(A) conduct research securely while mitigating the threat of foreign espionage and interference;  and

(B) vet and approve any gift to a postsecondary educational institution from an individual who is a citizen of a foreign adversary, as defined by Section 51B.001;

(2) develop a model research security policy that a postsecondary educational institution may adopt to improve research security;

(3) establish an accreditation process under which the council may award a postsecondary educational 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 postsecondary educational institution research 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.

(i) The Texas Higher Education Coordinating Board shall provide administrative support to the council at the council's request.

(j) The council shall meet at least once each quarter.

(k) A meeting conducted under Subsection (j) must be in person or by video conference call, as determined by the presiding officer.

(l) Not later than December 1 of each even-numbered year, 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 a report on the status of research security at postsecondary educational institutions and any associated recommendations.

(m) Unless otherwise approved by the council for dissemination to postsecondary educational institutions, information produced by the council under Subsection (h) is confidential and is not subject to disclosure under Chapter 552, Government Code.  A report submitted under Subsection (l) is confidential and is not subject to disclosure under Chapter 552, Government Code.

(n) 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).

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 51.957. Higher Education Research Security Council - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-51-957-nr2/

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