H.B. No. 1295

	AN ACT
	relating to the disclosure of research, research sponsors, and
	interested parties by persons contracting with governmental
	entities and state agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
	amended by adding Section 51.954 to read as follows:
	Sec. 51.954.  DISCLOSURE OF SPONSORS OF RESEARCH IN PUBLIC
	COMMUNICATIONS. (a) In any public communication the content of
	which is based on the results of sponsored research, a faculty
	member or other employee or appointee of an institution of higher
	education who conducted or participated in conducting the research
	shall conspicuously disclose the identity of each sponsor of the
	research.
	(b)  In this section:
	(1)  "Institution of higher education" has the meaning
	assigned by Section 61.003.
	(2)  "Public communication" means oral or written
	communication intended for public consumption or distribution,
	including:
	(A)  testimony in a public administrative,
	legislative, regulatory, or judicial proceeding;
	(B)  printed matter including a magazine,
	journal, newsletter, newspaper, pamphlet, or report; or
	(C)  posting of information on a website or
	similar Internet host for information.
	(3)  "Sponsor" means an entity that contracts for or
	provides money or materials for research.
	(4)  "Sponsored research" means research:
	(A)  that is conducted under a contract with or a
	grant from an individual or entity, other than the institution
	conducting the research, for the purpose of the research; and
	(B)  in which payments received or the value of
	materials received under that contract or grant, or under a
	combination of more than one such contract or grant, constitutes at
	least 50 percent of the cost of conducting the research.
	SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
	amended by adding Section 51.955 to read as follows:
	Sec. 51.955.  PROHIBITED STATE AGENCY ACTIONS RELATED TO
	DISCLOSURE OF PUBLICLY FUNDED RESEARCH. (a) In this section,
	"institution of higher education" has the meaning assigned by
	Section 61.003.
	(b)  A state agency that expends appropriated funds may not:
	(1)  enter into a research contract with an institution
	of higher education if that contract contains a provision
	precluding public disclosure of any final data generated or
	produced in the course of executing the contract unless the agency
	reasonably determines that the premature disclosure of such data
	would adversely affect public safety, the protection of
	intellectual property rights of the institution of higher
	education, publication rights in professional scientific
	publications, or valuable confidential information of the
	institution of higher education or a third party; or
	(2)  adopt a rule that is based on research conducted
	under a contract entered into with an institution of higher
	education unless the agency:
	(A)  has made the results of the research and all
	data supporting the research publicly available; or
	(B)  reasonably determines that the premature
	disclosure of such data would adversely affect public safety, the
	protection of intellectual property rights of the institution of
	higher education, publication rights in professional scientific
	publications, or valuable confidential information of the
	institution of higher education or a third party.
	(c)  Subsection (b)(1) does not apply to a research contract
	between an institution of higher education and the Cancer
	Prevention and Research Institute of Texas.
	(d)  A response to a request for information regarding
	research described by Subsection (b) must be made in accordance
	with Chapter 552, Government Code.
	(e)  This section does not require the public disclosure of
	personal identifying information or any other information the
	disclosure of which is otherwise prohibited by law.
	SECTION 3.  Subchapter Z, Chapter 2252, Government Code, is
	amended by adding Section 2252.908 to read as follows:
	Sec. 2252.908.  DISCLOSURE OF INTERESTED PARTIES. (a) In
	this section:
	(1)  "Business entity" means any entity recognized by
	law through which business is conducted, including a sole
	proprietorship, partnership, or corporation.
	(2)  "Governmental entity" means a municipality,
	county, public school district, or special-purpose district or
	authority.
	(3)  "Interested party" means a person who has a
	controlling interest in a business entity with whom a governmental
	entity or state agency contracts or who actively participates in
	facilitating the contract or negotiating the terms of the contract,
	including a broker, intermediary, adviser, or attorney for the
	business entity.
	(4)  "State agency" means a board, commission, office,
	department, or other agency in the executive, judicial, or
	legislative branch of state government. The term includes an
	institution of higher education as defined by Section 61.003,
	Education Code.
	(b)  This section applies only to a contract of a
	governmental entity or state agency that:
	(1)  requires an action or vote by the governing body of
	the entity or agency before the contract may be signed; or
	(2)  has a value of at least $1 million.
	(c)  Notwithstanding Subsection (b), this section does not
	apply to:
	(1)  a sponsored research contract of an institution of
	higher education;
	(2)  an interagency contract of a state agency or an
	institution of higher education; or
	(3)  a contract related to health and human services
	if:
	(A)  the value of the contract cannot be
	determined at the time the contract is executed; and
	(B)  any qualified vendor is eligible for the
	contract.
	(d)  A governmental entity or state agency may not enter into
	a contract described by Subsection (b) with a business entity
	unless the business entity, in accordance with this section and
	rules adopted under this section, submits a disclosure of
	interested parties to the governmental entity or state agency at
	the time the business entity submits the signed contract to the
	governmental entity or state agency.
	(e)  The disclosure of interested parties must be submitted
	on a form prescribed by the Texas Ethics Commission that includes:
	(1)  a list of each interested party for the contract of
	which the contracting business entity is aware; and
	(2)  the signature of the authorized agent of the
	contracting business entity, acknowledging that the disclosure is
	made under oath and under penalty of perjury.
	(f)  Not later than the 30th day after the date the
	governmental entity or state agency receives a disclosure of
	interested parties required under this section, the governmental
	entity or state agency shall submit a copy of the disclosure to the
	Texas Ethics Commission.
	(g)  The Texas Ethics Commission shall adopt rules necessary
	to implement this section, prescribe the disclosure of interested
	parties form, and post a copy of the form on the commission's
	Internet website.
	SECTION 4.  (a) Not later than December 1, 2015, the Texas
	Ethics Commission shall adopt the rules, prescribe the disclosure
	of interested parties form, and post the form on the commission's
	Internet website as required by Section 2252.908, Government Code,
	as added by this Act.
	(b)  Section 2252.908, Government Code, as added by this Act,
	applies only to a contract entered into on or after January 1, 2016.
	SECTION 5.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1295 was passed by the House on May
	11, 2015, by the following vote:  Yeas 135, Nays 0, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 1295 on May 28, 2015, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 1295 on May 31, 2015, by the following vote:  Yeas 144,
	Nays 0, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1295 was passed by the Senate, with
	amendments, on May 25, 2015, by the following vote:  Yeas 30, Nays
	1; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	1295 on May 31, 2015, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor