Hall Bill Bans Pathogen Research At Public Colleges Only

The text as introduced · 1,010 words

90R1456 AND-D

By: Hall
S.B. No. 195

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, 2027.

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, 2027.