SB 1067 aims to protect Texas public institutions of higher education from foreign influence by prohibiting them—and their employees or employees' spouses—from soliciting or accepting gifts, grants, donations, or investments from entities associated with certain foreign countries. These “designated countries” include those identified as national security threats in at least one of the three most recent Annual Threat Assessments issued by the U.S. Director of National Intelligence and any additional countries designated by the Governor of Texas after consulting with the Texas Department of Public Safety.
The bill amends Subchapter Z, Chapter 51 of the Texas Education Code by creating Section 51.984, which defines the terms and scope of the prohibition. It applies not only to institutions themselves but also to employees and their spouses acting in either an official or private capacity. The restrictions cover foreign government entities, political parties, party members, and companies headquartered in designated countries where the government holds ownership interests.
To ensure compliance, SB 1067 requires institutions to incorporate these prohibitions into all new or renewed employment contracts. Additionally, any prohibited funds received during the previous biennium must be returned to the source. The Texas Higher Education Coordinating Board (THECB) is authorized to adopt rules necessary for the bill’s implementation and enforcement. Contracts signed before the effective date of the bill are exempt, maintaining the terms that were in place when originally agreed upon.
Overall, the bill is a response to growing national concerns about foreign influence—particularly from adversarial governments—on American research and education institutions. It emphasizes safeguarding academic integrity, sensitive data, and intellectual independence from potentially coercive or compromising foreign funding.
The originally filed version of SB 1067 and the Committee Substitute differ in several key ways, particularly in their definitions, scope, and enforcement mechanisms.
First, the definition of a “designated country” has changed. The original version required that a country appear in each of the three most recent Annual Threat Assessments issued by the U.S. Director of National Intelligence to be deemed a national security risk. In contrast, the substitute version requires a country to appear in at least one of the last three reports, significantly broadening the pool of potentially restricted countries. Additionally, the substitute adds a new pathway for designation—allowing the Governor of Texas, in consultation with the Department of Public Safety, to independently designate a country, further expanding executive discretion.
Second, the substitute bill expands the scope of covered individuals. The original bill applied only to institutions and their employees, while the substitute version includes spouses of employees acting in either an official or private capacity. This addition enhances compliance accountability but also raises potential concerns about enforcement practicality.
Another major addition in the substitute bill is a new contractual requirement: institutions must now include a clause in all new or renewed employment contracts that prohibits the covered conduct. This element was absent in the original version, signaling a more proactive, preventative approach to compliance.
Lastly, the enforcement provisions in the substitute are strengthened. Both versions require the return of funds received in violation of the act during the preceding state fiscal biennium. However, the substitute bill also authorizes the Texas Higher Education Coordinating Board to adopt rules for implementation, reinforcing administrative oversight and regulatory clarity.
In summary, the Committee Substitute for SB 1067 broadens the definition of foreign threats, expands the scope of covered persons, introduces contractual compliance requirements, and enhances regulatory enforcement—reflecting a more robust and comprehensive response to the issue of foreign influence in Texas higher education.