89th Legislature Regular Session

SB 1585

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1585 proposes significant amendments to Chapter 2275 of the Texas Government Code, expanding restrictions on state and local government contracts with certain foreign-owned companies. Originally limited to critical infrastructure such as electric grids and water treatment facilities, this bill broadens the scope to include information and communications technology (ICT), responding to growing concerns over cybersecurity and foreign influence.

The bill authorizes the Governor of Texas to designate specific countries as "foreign adversaries" based on their threat to Texas's critical infrastructure or information systems. Companies that are majority-owned, affiliated with, or operating under the control of these designated countries are prohibited from entering into contracts with Texas governmental entities. This includes a broad array of businesses—from sole proprietorships to large corporations—if they are linked to foreign adversaries.

To enforce compliance, the bill establishes civil penalties and creates a new criminal offense for knowingly violating the contracting restrictions. Governmental entities found in breach of the law would be subject to these penalties, reinforcing accountability in state procurement processes. The bill’s definitions section is expanded to clarify terms such as “affiliate,” “critical infrastructure,” “designated country,” and “governmental entity,” ensuring precise application.

By enhancing security standards for Texas’s digital and physical infrastructure, SB 1585 aims to shield the state from espionage, data breaches, and sabotage originating from foreign adversaries. While it increases executive authority through the governor’s power to designate threats, it reflects a broader national trend of prioritizing cybersecurity and infrastructure resilience amid escalating geopolitical tensions.

The Committee Substitute for SB 1585 introduces several key refinements to the originally filed version, primarily to improve clarity, enforceability, and legal structure. While both versions aim to prohibit Texas governmental entities from contracting with companies affiliated with foreign adversaries—especially in information and communications technology (ICT)—the Committee Substitute provides a more nuanced and administratively coherent framework.

One of the most significant changes is the structural reorganization of Chapter 2275 in the Government Code. The Committee Substitute creates two distinct subchapters: one for contracts related to “critical infrastructure” and another for “information and communications technology.” This separation clarifies the bill’s scope and aligns the regulatory approach with specific types of infrastructure, enhancing the ability of governmental entities and contractors to comply.

Substantively, the Committee Substitute refines how a "foreign adversary" is designated. While the original bill references both state and federal determinations, the substitute centralizes this authority with the Texas governor, improving responsiveness to emerging threats. It also tightens the verification and enforcement process: Vendors accused of making false verifications are now granted clear timelines and procedures to respond and appeal, ensuring due process before penalties or contract terminations are imposed.

Additionally, the Committee Substitute maintains both civil and criminal penalties but adjusts their application for proportionality and legal clarity. The bill also preserves narrowly tailored exceptions for contracting with scrutinized companies, such as when alternatives are unavailable or pose undue costs, but strengthens the oversight by requiring gubernatorial approval for such exceptions. Overall, the Committee Substitute enhances the bill's original intent while improving its practical implementation and legal precision.
Author
Bryan Hughes
Co-Author
Adam Hinojosa
Lois Kolkhorst
Tan Parker
Sponsor
John McQueeney
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1585 is estimated to have no significant fiscal implication to the state. Agencies are expected to absorb any implementation costs within their existing resources. This means that while the bill imposes new regulatory and enforcement responsibilities—particularly concerning contract vetting and verification—state agencies such as the Department of Information Resources and the Office of the Attorney General are presumed to have the capacity to handle these duties without additional appropriations.

The bill does create a new state jail felony offense for vendors that violate its provisions, which could lead to revenue from associated fines and fees. However, the fiscal note emphasizes that the magnitude of this potential revenue impact cannot be determined due to uncertainties about how often the new offense would be prosecuted. Similarly, the impact on state correctional resources is indeterminate because there is no reliable data estimating how prevalent the prohibited conduct might be.

At the local level, the bill is also not expected to impose significant fiscal burdens. Local governmental entities must comply with the contract restrictions and verification requirements, but these responsibilities are considered manageable within their current administrative frameworks. In summary, while the bill introduces compliance, enforcement, and legal consequences, its fiscal footprint is considered minimal for both state and local governments.

Vote Recommendation Notes

SB 1585 reflects a targeted and balanced approach to strengthening Texas’s digital and critical infrastructure security. By prohibiting governmental entities from contracting with companies linked to foreign adversaries, the bill aims to mitigate the risk of espionage and sabotage, particularly through telecommunications and information technology services. The author’s intent, rooted in national security concerns regarding countries like China and Russia, is clearly supported by the structure and mechanisms introduced in the Committee Substitute.

The bill creates a coherent legal framework for designating foreign adversaries, mandates verification by vendors to prevent entanglements with scrutinized companies, and establishes enforceable penalties—including contract termination, civil fines, and criminal charges—for violations. While such regulatory measures may restrict certain market actors, they are narrowly tailored to balance free enterprise with the imperative of protecting public safety and state sovereignty. Limited exceptions allow contracts in cases where alternatives are unavailable or where the risk is demonstrably negligible, further underscoring the bill's pragmatism.

Additionally, the fiscal impact is minimal. According to the Legislative Budget Board, any implementation costs are expected to be absorbed by existing agency resources, and while some state revenue could arise from penalties, it is not anticipated to significantly affect the budget. The legislation avoids imposing undue burdens on local governments and contains no new rulemaking authority, preserving the principle of limited government.

In light of these considerations, SB 1585 aligns well with the core liberty principles—particularly protecting Individual Liberty, reinforcing Personal Responsibility in procurement, and preserving State Sovereignty under Limited Government. It is a prudent and well-constructed measure that enhances security while maintaining a reasonable regulatory footprint. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1585.

  • Individual Liberty: The bill positively supports individual liberty by aiming to safeguard Texans from potential foreign surveillance or exploitation through state-contracted technology systems. By restricting governmental contracts with companies linked to foreign adversaries, the state reduces the likelihood that personal data, communications, or infrastructure will be compromised. This enhances the protection of privacy and digital freedom for Texas residents, a key component of individual liberty.
  • Personal Responsibility: The bill reinforces the principle of personal responsibility by placing clear compliance obligations on vendors seeking to do business with the state. Vendors must certify that they are not associated with scrutinized foreign entities and ensure that their subcontractors or supply chains also comply. This framework demands due diligence and ethical accountability in state procurement, fostering a culture of responsibility in public-private interactions.
  • Free Enterprise: The bill places targeted restrictions on certain companies, which could be seen as a limitation on free enterprise. However, these limitations are narrowly applied to companies under foreign government control or influence—primarily from nations deemed security threats—and are justified on national security grounds. While the law may exclude some firms from participating in public contracts, it preserves the broader market and includes exceptions to prevent unnecessary disruption to service delivery or cost inflation. Thus, it strikes a balance between economic freedom and security.
  • Private Property Rights: There is minimal direct impact on private property rights. The bill does not authorize the government to seize or regulate private property. Instead, it regulates state contracting behavior, meaning private companies are free to operate in Texas but may be barred from government contracts if linked to foreign adversaries. This distinction maintains respect for private ownership while holding public procurement to a higher security standard.
  • Limited Government: While the bill expands the state’s role in reviewing and enforcing contract compliance, it does so within a focused and constitutionally appropriate context—defending state security and infrastructure. The bill does not create new bureaucracies or open-ended enforcement mechanisms. Instead, it relies on existing agencies and legal processes, including the Attorney General and Comptroller, maintaining a restrained approach consistent with limited government.
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