HB 118 Introduced

Relating to the establishment and powers and duties of the Texas Advisory Committee on Pacific Conflict. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the establishment and powers and duties of the Texas

 

Advisory Committee on Pacific Conflict.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Subtitle C, Title 4, Government Code, is amended

 

by adding Chapter 438 to read as follows:

 

CHAPTER 438.  TEXAS ADVISORY COMMITTEE ON PACIFIC CONFLICT

 

SUBCHAPTER A.  GENERAL PROVISIONS

 

       Sec. 438.001.  SHORT TITLE.  This chapter may be cited as the

 

Texas Pacific Conflict Stress Test Act.

 

       Sec. 438.002.  POLICY STATEMENT. (a)  It is the policy of

 

this state to support the civilian and military command of the

 

United States and its efforts to promote and maintain prosperity,

 

peace, and security for the United States and its allies.  It is the

 

policy of this state to enhance the defensive posture of this state,

 

to protect the citizens and assets of this state, and to contribute

 

to the broader defensive posture of the United States by reducing

 

security vulnerabilities within this state.

 

       (b)  It is the policy of this state to exercise foresight and

 

make reasonable preparations for a potential conflict centered in

 

the Pacific Ocean region which could:

 

             (1)  involve attacks on the United States and its

 

allies in the Pacific Ocean region;

 

             (2)  involve asymmetrical attacks on the United States

 

homeland; and

 

             (3)  cause the disruption or complete severing of

 

supply chains between this state and the People’s Republic of

 

China, the Republic of China, or other countries in the Pacific

 

Ocean region.

 

       Sec. 438.003.  DEFINITIONS. In this chapter:

 

             (1)  “Advisory committee” means the Texas Advisory

 

Committee on Pacific Conflict established under this chapter.

 

             (2)  “Critical infrastructure” means a publicly or

 

privately owned system or asset, whether physical or virtual, so

 

vital to this state or to the United States that the incapacity or

 

destruction of the system or asset would have a debilitating impact

 

on state or national security, state or national economic security,

 

state or national public health, or any combination of these, and

 

includes:

 

                   (A)  an oil and gas production, storage, or

 

delivery system;

 

                   (B)  a water supply, refinement, storage, or

 

delivery system;

 

                   (C)  a communications network;

 

                   (D)  an electrical power delivery system;

 

                   (E)  an emergency service system;

 

                   (F)  a transportation system or service;

 

                   (G)  a personal data or classified information

 

storage system, including a cybersecurity system; or

 

                   (H)  a military installation.

 

             (3)  “Critical procurement” means a purchase made by a

 

state agency, a political subdivision of this state, or a private

 

nongovernmental organization that is critical to the proper

 

functioning of state services, state operations, or the operations

 

of this state’s critical infrastructure, or the health, safety, or

 

security of this state’s citizens.

 

             (4)  “Pacific conflict” means:

 

                   (A)  a declared war or armed conflict between the

 

United States or any of its allies and another nation that occurs in

 

the land, air, or sea of the Pacific Ocean region and threatens or

 

could reasonably escalate to threaten the supply chains, critical

 

infrastructure, safety, or security of this state or the United

 

States; or

 

                   (B)  a significant deterioration of diplomatic

 

ties or economic engagement between the United States or its allies

 

and another nation that threatens the status quo of trade, travel,

 

and military operations or exercises in the Pacific Ocean region.

 

             (5)  “State supply chain” means the end-to-end process

 

for shipping goods purchased by a state agency or a political

 

subdivision of this state to the state agency or political

 

subdivision, beginning at the point of origin through any point of

 

distribution, including through vendors, to the destination.

 

             (6)  “Texas National Guard” has the meaning assigned by

 

Section 437.001.

 

SUBCHAPTER B.  ADVISORY COMMITTEE

 

       Sec. 438.101.  ESTABLISHMENT OF TEXAS ADVISORY COMMITTEE ON

 

PACIFIC CONFLICT. The Texas Advisory Committee on Pacific Conflict

 

is established to:

 

             (1)  develop state security strategies and policies

 

before a Pacific conflict occurs; and

 

             (2)  collect and prepare information to assist in

 

enhancing this state’s command-and-control functions in the event

 

of a conflict described by Subdivision (1).

 

       Sec. 438.102.  ADVISORY COMMITTEE COMPOSITION AND

 

ADMINISTRATION. (a)  The advisory committee consists of the

 

following nine members:

 

             (1)  one member appointed by the governor;

 

             (2)  a representative of the Texas National Guard,

 

appointed by the governor;

 

             (3)  two members appointed by the lieutenant governor;

 

             (4)  two members appointed by the speaker of the house

 

of representatives;

 

             (5)  the adjutant general or the adjutant general’s

 

designee;

 

             (6)  the public safety director or the public safety

 

director’s designee; and

 

             (7)  the chief of the Texas Division of Emergency

 

Management or the chief’s designee.

 

       (b)  In making appointments to the advisory committee, the

 

governor, lieutenant governor, and speaker of the house of

 

representatives shall appoint individuals who have applicable

 

knowledge of the threats posed to this state in the event of a

 

Pacific conflict.

 

       Sec. 438.103.  TERMS; VACANCY. (a)  Except as provided by

 

Subsection (b), the appointed advisory committee members shall

 

serve for a term of two years.

 

       (b)  Subsection (a) does not apply to the advisory committee

 

members redescribed by Sections 438.102(a)(5), (6), and (7).

 

       (c)  If a vacancy occurs on the advisory committee, the

 

appropriate appointing authority shall appoint a successor in the

 

same manner as the original appointment.

 

       Sec. 438.104.  ADVISORY COMMITTEE OFFICERS. (a) The member

 

appointed by the governor under Section 438.102(a)(1) shall serve

 

as chair of the advisory committee and must have applicable

 

knowledge of the threats posed to this state in the event of a

 

Pacific conflict and the research and leadership experience to

 

competently and comprehensively perform the advisory committee’s

 

duties.

 

       (b)  The lieutenant governor shall designate one appointee

 

to serve as vice chair of the advisory committee.

 

       (c)  The advisory committee may elect additional officers

 

from among its members.

 

       (d)  The advisory committee shall establish and approve

 

duties and responsibilities for advisory committee officers.

 

       Sec. 438.105.  REIMBURSEMENT FOR EXPENSES. A member of the

 

advisory committee is not entitled to compensation for service on

 

the committee but is entitled to reimbursement for actual and

 

necessary expenses incurred in performing committee duties as

 

provided by the General Appropriations Act.

 

       Sec. 438.106.  MEETINGS. (a)  The advisory committee shall

 

meet at least once every three months, with additional meetings on

 

the call of:

 

             (1)  a majority of the members of the advisory

 

committee; or

 

             (2)  the governor.

 

       (b)  Advisory committee meetings are not subject to Chapter

 

551.

 

       Sec. 438.107.  GIFTS AND GRANTS.  The advisory committee may

 

accept gifts, grants, and donations to pay for the advisory

 

committee’s activities under this chapter.

 

SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY COMMITTEE

 

       Sec. 438.201.  GENERAL POWERS. (a)  The advisory committee

 

may consult with and retain external advisors to provide expertise

 

and collaborative research support.

 

       (b)  The advisory committee may conduct field

 

investigations, hold hearings, receive testimony in any form,

 

consult with federal and state officials, and otherwise take any

 

lawful action to carry out the purposes of the advisory committee.

 

       Sec. 438.202.  TABLETOP EXERCISE; REPORT.  (a)  The advisory

 

committee, with assistance from the Texas National Guard, shall

 

conduct a tabletop exercise centered on an invasion of the Republic

 

of China by the People’s Republic of China.  The exercise must

 

explore the following scenarios:

 

             (1)  a scenario that would result in aggression against

 

the armed forces of the United States in the Pacific Ocean region;

 

and

 

             (2)  a scenario that would involve intentional or

 

incidental damage to a state supply chain, a critical

 

infrastructure facility, or another asset.

 

       (b)  The advisory committee shall produce and submit to the

 

governor a report describing how a Pacific conflict would impact

 

this state not later than May 29, 2026.  The advisory committee may

 

request additional tabletop exercise reports following the initial

 

report.

 

       Sec. 438.203.  SUPPLY CHAINS AND TECHNOLOGICAL SECURITY

 

AUDIT. (a)  The advisory committee, with assistance from the

 

adjutant general, shall investigate critical procurements supplied

 

through a state supply chain that would be disrupted in the event of

 

a Pacific conflict.

 

       (b)  The advisory committee shall produce and submit a report

 

of the committee’s findings to the governor not later than May 29,

 

2026.

 

       (c)  The initial report must:

 

             (1)  identify all critical procurements produced in or

 

by a foreign adversary, a state-owned enterprise of a foreign

 

adversary, a company domiciled within the territory of a foreign

 

adversary, or a company owned by a company domiciled within the

 

territory of a foreign adversary, or substantially sourced from an

 

entity described by this subdivision;

 

             (2)  identify all critical procurements manufactured

 

in countries, or by companies, at risk of disruption in the event of

 

a Pacific conflict;

 

             (3)  identify all critical procurements sourced from

 

any country or company that relies on a supply chain at risk of

 

disruption in the event of a Pacific conflict;

 

             (4)  recommend alternative sourcing strategies for

 

critical procurements, if available;

 

             (5)  highlight the difficulty in identifying potential

 

alternative sourcing for critical procurements, if relevant; and

 

             (6)  specify the level of risk to this state associated

 

with a disruption described by Subdivision (2) or (3) in supply

 

chain sourcing for each critical procurement that is threatened in

 

the event of the disruption.

 

       (d)  The advisory committee may conduct additional

 

investigations following the initial report.

 

       Sec. 438.204.  CRITICAL INFRASTRUCTURE PROTECTION. (a)  The

 

advisory committee shall investigate potential threats to critical

 

infrastructure in this state in the event of a Pacific conflict.

 

       (b)  The advisory committee shall produce and submit to the

 

governor a report of the committee’s findings not later than May 29,

 

2026.

 

       (c)  The initial report must:

 

             (1)  identify all critical infrastructure and other

 

assets within this state that could reasonably be targeted in a

 

malicious act by a foreign adversary in the event of a Pacific

 

conflict and would result in a significant negative impact on the

 

public health, safety, economic security, or physical security of

 

this state’s citizens;

 

             (2)  identify specific risks posed to each critical

 

infrastructure facility or other asset identified under

 

Subdivision (1) in the event of a Pacific conflict, including known

 

vectors of attack such as cyberattack and physical sabotage; and

 

             (3)  develop strategies to:

 

                   (A)  prevent and protect against threats posed to

 

critical infrastructure and other assets identified under

 

Subdivision (1) in the event of a Pacific conflict; and

 

                   (B)  minimize the damage to this state if a

 

malicious act described by Subdivision (1) succeeds in damaging

 

critical infrastructure in this state.

 

       (d)  The advisory committee may conduct additional

 

investigations and produce additional reports as the committee

 

determines necessary.

 

       Sec. 438.205.  OTHER INVESTIGATIONS. The advisory committee

 

may investigate additional matters at its own discretion on a

 

majority vote of the committee.

 

       Sec. 438.206.  SUBPOENA. (a)  The advisory committee may

 

compel by subpoena the attendance of a relevant witness at a hearing

 

or the production for inspection or copying of a record that is

 

relevant to the advisory committee’s duties under this chapter.

 

       (b)  The advisory committee, acting through the attorney

 

general, may bring an action in a district court to enforce a

 

subpoena issued under this section against a person who fails to

 

comply with the subpoena.

 

       (c)  The court shall order compliance with the subpoena if

 

the court finds that good cause exists to issue the subpoena.

 

       Sec. 438.207.  CONFIDENTIALITY OF INFORMATION. (a)  Except

 

as provided by Subsection (b), any research, data, reports,

 

findings, and other information produced by the advisory committee:

 

             (1)  is confidential and excepted from the requirements

 

of Section 552.021; and

 

             (2)  shall be maintained by the office of the governor.

 

       (b)  The governor may disclose information described by

 

Subsection (a).  A disclosure by the governor is not considered a

 

disclosure of confidential information or a disclosure to the

 

public for purposes of Section 552.007 and does not waive the right

 

to assert in the future that the information is confidential or

 

excepted from required disclosure under this section or other law.

 

       Sec. 438.208.  PUBLIC REPORT AND POLICY RECOMMENDATIONS.

 

(a)  Notwithstanding Section 438.207 and subject to Subsections (b)

 

and (c), the advisory committee shall make available an annual

 

report with narrative and summary findings from the advisory

 

committee’s investigations for the purpose of educating the public.

 

       (b)  The report may include policy recommendations for

 

consideration by state and local government officials and

 

recommendations to improve the resilience of this state’s citizens

 

and critical infrastructure.  The report may not include any

 

information the release of which would pose a risk to state security

 

or national security.

 

       (c)  The advisory committee may not release the report

 

required by Subsection (a) unless the release is approved by a

 

majority vote of the advisory committee.

 

       Sec. 438.209.  EXPIRATION.  The advisory committee is

 

abolished and this chapter expires September 1, 2029.

 

       SECTION 2.  Not later than October 31, 2025, the governor,

 

the lieutenant governor, and the speaker of the house of

 

representatives shall appoint the members of the Texas Advisory

 

Committee on Pacific Conflict under Sections 438.102(a)(1), (2),

 

(3), and (4), Government Code, as added by this Act.

 

       SECTION 3.  This Act takes effect September 1, 2025. 

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