Cain’s Foreign Adversary School Ban Skips Existing Deals

The text as introduced · 1,887 words

89R10651 CXP-F

By: Cain
H.B. No. 2595

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting certain dealings with foreign adversaries

by public schools and public institutions of higher education;

providing civil penalties; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 11, Education Code, is

amended by adding Section 11.1561 to read as follows:

Sec. 11.1561. PROHIBITIONS ON CERTAIN DEALINGS WITH FOREIGN

ADVERSARIES; OFFENSE. (a) In this section:

(1) "Contract" includes:

(A) an agreement involving the exchange of

faculty, staff, or students through any form of collaboration,

including a research partnership, joint academic program, faculty

or staff exchange, study abroad program, or student exchange

program; and

(B) an arrangement involving the transfer or

sharing of intellectual property or proprietary information.

(2) "Foreign adversary" means:

(A) the People's Republic of China, including the

Hong Kong and Macau special administrative regions but not

including Taiwan;

(B) the Islamic Republic of Iran;

(C) the Democratic People's Republic of Korea;

(D) the Russian Federation; or

(E) an agent, instrumentality, or entity owned,

operated, or directed by a country described by Paragraph (A), (B),

(C), or (D).

(b) Notwithstanding any other law:

(1) a school district may not:

(A) enter into a contract with a foreign

adversary for the adversary to directly or indirectly operate,

direct, or organize any academic program, including through the

selection of teachers or educational resources;

(B) use in any medium an educational material

produced or sold by a foreign adversary, unless the material has

been reviewed and approved by the agency; or

(C) carry an insurance policy that covers a

violation of this section; and

(2) a school district employee may not provide

material support for an academic or nonacademic program operated by

a foreign adversary.

(c) The agency shall make available to the public on the

agency's Internet website each educational material produced or

sold by a foreign adversary that the agency has reviewed and

approved under Subsection (b)(1)(B). If a technical or legal

constraint prevents publication of an educational material on the

agency's Internet website, the agency shall make a copy of the

material available for inspection at a reasonable time on request.

(d) This section, except Subsection (b)(1)(B), does not

apply to a noninstructional sports, games, music, or fine arts

competition.

(e) A school district that violates this section is liable

to this state for a civil penalty in the amount of $50,000 for each

violation.

(f) The attorney general may sue to collect the civil

penalty under Subsection (e). A suit under this subsection may be

filed in a district court in Travis County.

(g) A person commits an offense if the person knowingly

violates this section. An offense under this subsection is a felony

of the first degree.

(h) Sovereign, governmental, or official immunity, as

applicable, and any qualified immunity are waived and abolished to

the extent of liability created by this section.

SECTION 2. Section 12.013(b), Education Code, is amended to

read as follows:

(b) A home-rule school district is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) a provision of this title relating to limitations

on liability; and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) educator certification under Chapter 21 and

educator rights under Sections 21.407, 21.408, and 22.001;

(C) criminal history records under Subchapter C,

Chapter 22;

(D) student admissions under Section 25.001;

(E) school attendance under Sections 25.085,

25.086, and 25.087;

(F) inter-district or inter-county transfers of

students under Subchapter B, Chapter 25;

(G) elementary class size limits under Section

25.112, in the case of any campus in the district that fails to

satisfy any standard under Section 39.054(e);

(H) high school graduation under Section 28.025;

(I) special education programs under Subchapter

A, Chapter 29;

(J) bilingual education under Subchapter B,

Chapter 29;

(K) prekindergarten programs under Subchapter E,

Chapter 29;

(L) safety provisions relating to the

transportation of students under Sections 34.002, 34.003, 34.004,

and 34.008;

(M) computation and distribution of state aid

under Chapters 31, 43, and 48;

(N) extracurricular activities under Section

33.081;

(O) health and safety under Chapter 38;

(P) the provisions of Subchapter A, Chapter 39;

(Q) public school accountability and special

investigations under Subchapters A, B, C, D, and J, Chapter 39, and

Chapter 39A;

(R) options for local revenue levels in excess of

entitlement under Chapter 49;

(S) a bond or other obligation or tax rate under

Chapters 43, 45, and 48;

(T) purchasing under Chapter 44; [ and ]

(U) parental options to retain a student under

Section 28.02124 ; and

(V) certain dealings with foreign adversaries

under Section 11.1561 .

SECTION 3. Section 12.056(b), Education Code, is amended to

read as follows:

(b) A campus or program for which a charter is granted under

this subchapter is subject to:

(1) a provision of this title establishing a criminal

offense; and

(2) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) high school graduation under Section 28.025;

(D) special education programs under Subchapter

A, Chapter 29;

(E) bilingual education under Subchapter B,

Chapter 29;

(F) prekindergarten programs under Subchapter E,

Chapter 29, except class size limits for prekindergarten classes

imposed under Section 25.112, which do not apply;

(G) extracurricular activities under Section

33.081;

(H) health and safety under Chapter 38;

(I) the provisions of Subchapter A, Chapter 39;

(J) public school accountability and special

investigations under Subchapters A, B, C, D, F, and J, Chapter 39,

and Chapter 39A;

(K) the duty to discharge or refuse to hire

certain employees or applicants for employment under Section

12.1059; [ and ]

(L) parental options to retain a student under

Section 28.02124 ; and

(M) certain dealings with foreign adversaries

under Section 11.1561 .

SECTION 4. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; [ and ]

(Y) parental options to retain a student under

Section 28.02124 ; and

(Z) certain dealings with foreign adversaries

under Section 11.1561 .

SECTION 5. Subchapter Z, Chapter 51, Education Code, is

amended by adding Section 51.985 to read as follows:

Sec. 51.985. PROHIBITIONS ON CERTAIN DEALINGS WITH FOREIGN

ADVERSARIES; OFFENSE. (a) In this section:

(1) "Board" and "institution of higher education" have

the meanings assigned by Section 61.003.

(2) "Contract" and "foreign adversary" have the

meanings assigned by Section 11.1561.

(b) Notwithstanding any other law:

(1) an institution of higher education may not:

(A) enter into a contract with a foreign

adversary for the adversary to directly or indirectly operate,

direct, or organize any academic program, including through the

selection of faculty members or educational resources;

(B) use in any medium an educational material

produced or sold by a foreign adversary, unless the material has

been reviewed and approved by the board; or

(C) carry an insurance policy that covers a

violation of this section; and

(2) an employee of an institution of higher education

may not provide material support for an academic or nonacademic

program operated by a foreign adversary.

(c) The board shall make available to the public on the

board's Internet website each educational material produced or sold

by a foreign adversary that the board has reviewed and approved

under Subsection (b)(1)(B). If a technical or legal constraint

prevents publication of an educational material on the board's

Internet website, the board shall make a copy of the material

available for inspection at a reasonable time on request.

(d) This section, except Subsection (b)(1)(B), does not

apply to a noninstructional sports, games, music, or fine arts

competition.

(e) An institution of higher education that violates this

section is liable to this state for a civil penalty in the amount of

$50,000 for each violation.

(f) The attorney general may sue to collect the civil

penalty under Subsection (e). A suit under this subsection may be

filed in a district court in Travis County.

(g) A person commits an offense if the person knowingly

violates this section. An offense under this subsection is a felony

of the first degree.

(h) Sovereign, governmental, or official immunity, as

applicable, and any qualified immunity are waived and abolished to

the extent of liability created by this section.

SECTION 6. Sections 11.1561 and 51.985, Education Code, as

added by this Act, apply only to a contract entered into on or after

the effective date of this Act. A contract entered into before that

date is governed by the law in effect on the date the contract was

entered into, and the former law is continued in effect for that

purpose.

SECTION 7. This Act takes effect September 1, 2025.