Bill Text: TX HB118 | 2025-2026 | 89th Legislature | Comm Sub

Texas House Bill 118

Bill Title: Relating to the establishment and powers and duties of the Texas Advisory Committee on Geopolitical Conflict.

Sponsorship: Partisan Bill (Republican 18)

Status: (Introduced) 2025-04-30 - Laid on the table subject to call [HB118 Detail]

Download: Texas-2025-HB118-Comm_Sub.html

	89R19683 LRM-F

	By: Hefner, et al.	H.B. No. 118

	Substitute the following for H.B. No. 118:

	By: Hefner	C.S.H.B. No. 118



	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment and powers and duties of the Texas
	Advisory Committee on Geopolitical 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 GEOPOLITICAL CONFLICT
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 438.001. SHORT TITLE. This chapter may be cited as the
	Texas Geopolitical 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 geopolitical conflict
	that:
	(1) involves attacks on the United States and its
	allies;
	(2) involves asymmetrical attacks on the United States
	homeland; and
	(3) causes the disruption or complete severing of
	supply chains between this state and international trade partners.
	Sec. 438.003. DEFINITIONS. In this chapter:
	(1) "Advisory committee" means the Texas Advisory
	Committee on Geopolitical 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) "Drug supply chain" means the end-to-end process
	for manufacturing, acquiring, shipping, and vending prescription
	drugs beginning at any point of origin and ending in this state,
	including acquiring and shipping any key starting materials and
	active pharmaceutical ingredients necessary to manufacture and
	distribute prescription drugs in this state.
	(5) "Geopolitical 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 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.
	(6) "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.
	(7) "Texas National Guard" has the meaning assigned by
	Section 437.001.
	SUBCHAPTER B. ADVISORY COMMITTEE
	Sec. 438.101. ESTABLISHMENT OF TEXAS ADVISORY COMMITTEE ON
	GEOPOLITICAL CONFLICT. The Texas Advisory Committee on
	Geopolitical Conflict is established to:
	(1) develop state security strategies and policies
	before a geopolitical 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 of the Department of
	Public Safety 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
	geopolitical 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 described 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
	geopolitical 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 by a foreign
	adversary. The exercise must explore the following scenarios:
	(1) a scenario that would result in aggression against
	the armed forces of the United States; 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 geopolitical conflict would
	impact this state not later than May 29, 2026. The advisory
	committee may request additional tabletop exercise reports
	following the initial report.
	(c) For the purpose of conducting a tabletop exercise under
	this section, an entity providing electric or gas utility services
	is not required to disclose the specific locations of the entity's
	critical infrastructure to the advisory committee.
	Sec. 438.203. SUPPLY CHAINS AND CRITICAL PROCUREMENTS
	AUDIT; REPORT. (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 geopolitical 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 geopolitical 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 geopolitical 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. DRUG SUPPLY CHAIN AUDIT; REPORT. (a) In this
	section, "company subject to the jurisdiction of a foreign
	adversary" includes a state-owned enterprise of a foreign
	adversary, a company domiciled or headquartered in the territory of
	a foreign adversary, or any wholly owned or majority-owned
	subsidiary of a company domiciled or headquartered in the territory
	of a foreign adversary.
	(b) The advisory committee, in collaboration with the
	Health and Human Services Commission and the Department of State
	Health Services, shall investigate the drug supply chain of this
	state to identify prescription drugs, including active
	pharmaceutical ingredients and key starting materials, that are
	produced in or by a foreign adversary or substantially sourced from
	a company subject to the jurisdiction of a foreign adversary.
	(c) The advisory committee shall investigate whether the
	prescription drugs identified under Subsection (b):
	(1) are of low or questionable efficacy; or
	(2) are toxic or contain impurities known to the
	United States Food and Drug Administration, the United States
	Department of Agriculture, or any other governmental agencies to
	pose a risk to human health.
	(d) The advisory committee shall study whether the drug
	supply chain of the prescription drugs identified under Subsection
	(b) would be disrupted in the event of a geopolitical conflict.
	(e) The advisory committee shall produce an initial report
	on the prescription drugs identified under Subsection (b). The
	initial report must:
	(1) list the prescription drugs;
	(2) identify the classes and common uses of the
	prescription drugs;
	(3) assess the risk posed by the prescription drugs,
	including concerns related to quality, efficacy, toxicity, or
	impurity;
	(4) determine the impact of a geopolitical conflict on
	the drug supply chain of the prescription drugs;
	(5) recommend alternative sourcing strategies for the
	prescription drugs in the event of a geopolitical conflict;
	(6) describe any difficulty in identifying or using
	alternative sourcing strategies under Subdivision (5) for
	prescription drugs, as necessary; and
	(7) determine the feasibility and cost of creating and
	maintaining a strategic supply of prescription drugs in the event
	of a geopolitical conflict.
	(f) The advisory committee shall submit the initial report
	of prescription drugs identified under this section to the governor
	not later than May 29, 2026.
	(g) The advisory committee may conduct additional
	investigations and produce additional reports on the prescription
	drugs identified under Subsection (b) as the committee determines
	necessary.
	Sec. 438.205. CRITICAL INFRASTRUCTURE PROTECTION AUDIT;
	REPORT. (a) The advisory committee shall investigate potential
	threats to critical infrastructure in this state in the event of a
	geopolitical 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 geopolitical
	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 or other asset identified under Subdivision (1) in
	the event of a geopolitical 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 geopolitical conflict; and
	(B) minimize the damage to this state if a
	malicious act described by Subdivision (1) succeeds in damaging
	critical infrastructure and other assets in this state.
	(d) The advisory committee may conduct additional
	investigations and produce additional reports as the committee
	determines necessary.
	Sec. 438.206. OTHER INVESTIGATIONS. The advisory committee
	may investigate additional matters at its own discretion on a
	majority vote of the committee.
	Sec. 438.207. 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 Subsection (a) 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. 438.208. CONFIDENTIALITY OF INFORMATION. (a) Except
	as provided by Subsection (b), any research, data, reports,
	findings, and other information provided to or 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. 438.209. PUBLIC REPORT AND POLICY RECOMMENDATIONS.
	(a) Notwithstanding Section 438.208 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. 438.210. 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 Geopolitical 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.