89th Legislature

SB 1067

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

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.

Author
Mayes Middleton
Co-Author
Donna Campbell
Brandon Creighton
Lois Kolkhorst
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1067 is not expected to have a significant fiscal impact on the state budget. The analysis indicates that any administrative or compliance-related costs associated with implementing the bill—such as revising institutional policies, modifying employment contracts, or tracking foreign contributions—can be absorbed within existing agency resources, including those of public universities and the Texas Higher Education Coordinating Board.

Similarly, no significant fiscal impact is anticipated at the local government level. Public institutions of higher education, while technically entities of the state, will bear the administrative responsibility for compliance. However, the bill’s scope is limited to high-risk foreign entities and does not impose new financial reporting systems or regulatory burdens that would demand new funding allocations. These institutions are presumed to already have compliance offices or legal teams capable of integrating the new requirements into their operations.

The analysis also included input from a wide range of affected entities—such as the University of Texas System, Texas A&M, Texas State Technical College System, and the Department of Public Safety—and no concerns were raised about the need for additional appropriations or staffing. This reinforces the conclusion that the bill is designed to be a preventative and policy-based measure rather than a fiscally burdensome regulation.

In summary, SB 1067 is structured to enhance national security protections in higher education with minimal budgetary impact, leveraging existing personnel and legal frameworks for implementation and enforcement.

Vote Recommendation Notes

SB 1067 represents a focused and reasonable policy response to the growing concern about foreign influence on Texas's public institutions of higher education. The bill aligns Texas with national security priorities by prohibiting universities and their employees (as well as employees' spouses) from soliciting or accepting financial support from foreign entities identified as adversarial. The Committee Substitute enhances the bill’s effectiveness and clarity, aligning it with Governor Abbott’s Executive Order GA-48 and federal regulations by using the U.S. Department of Commerce’s list of foreign adversaries rather than relying solely on the U.S. Director of National Intelligence’s threat assessments.

Importantly, this updated version reflects a more dynamic and adaptable approach by introducing an annual update provision, which ensures institutions remain compliant with changing national security landscapes. Additionally, the requirement to incorporate the funding prohibition into employee contracts—also binding on spouses—further solidifies institutional accountability and transparency. These enhancements demonstrate a clear legislative intent to safeguard academic freedom, research security, and the broader public interest while respecting institutional autonomy and minimizing administrative burden.

From a fiscal standpoint, the bill is structured to have no significant financial impact on state agencies or institutions. The Legislative Budget Board confirms that any compliance-related costs can be absorbed using existing resources, ensuring that the policy is both principled and practical in its implementation.

In sum, the bill strikes a prudent balance between national security and academic openness. It avoids overreach by narrowly targeting only foreign entities deemed adversarial by federal and executive designations while strengthening oversight and institutional responsibility. For its targeted scope, regulatory clarity, minimal fiscal impact, and strong alignment with liberty principles—particularly individual liberty, limited government, and national sovereignty. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1067.

  • Individual Liberty: The bill protects the broader concept of individual liberty by shielding Texas public institutions from undue influence by foreign adversaries, which can compromise academic freedom, research integrity, and intellectual independence. While it imposes a restriction on employees and their spouses, this is narrowly tailored to a specific set of high-risk foreign actors. Rather than broadly restricting individual freedoms, it aims to preserve the liberty of Texas students and researchers from foreign coercion or surveillance.
  • Personal Responsibility: The bill encourages ethical conduct and vigilance by making employees of public institutions—and their spouses—personally responsible for ensuring they do not accept restricted foreign funds. The inclusion of these provisions in employment contracts reinforces a culture of accountability and integrity in higher education, especially in areas like grant-funded research, where the risks of foreign entanglement are higher.
  • Free Enterprise: The bill does not restrict private sector operations or enterprise generally, but it does regulate specific transactions involving public institutions and foreign entities designated as security threats. Since the bill only targets foreign governments, political parties, and state-affiliated corporations from adversarial countries (e.g., China, Russia, Iran), it avoids interfering with legitimate academic or commercial partnerships outside of those high-risk relationships. This targeted approach ensures that free enterprise remains mostly unhindered.
  • Private Property Rights: There is no direct impact on private property rights as the bill does not interfere with ownership, land use, or contractual rights in the private sector. It restricts only a specific type of funding transaction involving public institutions and designated foreign entities. The return of funds provision (if received in violation) applies only to institutions and employees acting in public or contract-bound roles, not to private citizens in general.
  • Limited Government: Although the bill imposes a new prohibition, it is limited in scope, clearly defined, and administered through existing structures (e.g., the Texas Higher Education Coordinating Board). There is no creation of new bureaucracies, and the law entrusts compliance oversight to institutions already tasked with managing international agreements and contracts. Furthermore, by aligning with federal lists and executive orders, the bill prevents policy duplication and regulatory sprawl, respecting federalism and streamlining enforcement.
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