The bill, S.B. No. 1488, aims to restrict research on potentially pandemic pathogens in Texas and establishes civil penalties for non-compliance. It introduces a new chapter, Chapter 158, to the Education Code, which defines "gain of function research" and "potentially pandemic pathogens." The bill prohibits institutions of higher education from conducting or funding gain of function research on these pathogens, and any institution that violates this prohibition will be ineligible for state funds. Additionally, the bill amends the Health and Safety Code to include a new subchapter that requires entities intending to conduct research on potentially pandemic pathogens to submit a detailed report to the state at least 90 days prior to the research.

Furthermore, the bill outlines the consequences for failing to submit the required report, imposing civil penalties ranging from $50,000 to $100,000 for each violation, with each day of non-compliance considered a separate violation. The attorney general is empowered to investigate and enforce these penalties, and the bill waives sovereign immunity for institutions of higher education in relation to these penalties. The provisions of the new subchapter will apply only to research beginning on or after December 1, 2025, and the executive commissioner of the Health and Human Services Commission is tasked with adopting necessary rules for implementation.

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