Texas Genomic Act

A new Texas law, the Texas Genomic Act (HB 130/Texas Health & Safety Code Chapter 174), places restrictions on equipment and services used for human genome sequencing, on storage of genomic data, and adds requirements to protect this information from intrusion by foreign adversaries.

In short, the Texas Genomic Act prohibits:

1. The use of human genome sequencers and software produced by or on behalf of:
   1. 1. a foreign adversary;
      2. a state-owned enterprise of a foreign adversary;
      3. a company or nonprofit organization domiciled within the borders of a country that is a foreign adversary; or
      4. an owned or controlled subsidiary or affiliate of a company or nonprofit organization domiciled within the borders of a country that is a foreign adversary.
2. The storage of genome sequencing data of Texas residents within the borders of a foreign adversary.
3. That the storage of genome sequencing data of Texas residents, including storage through a contract with a third party data storage company, be secured using reasonable encryption methods, restriction on access, and other cybersecurity best practices.
4. That genome sequencing data of Texas residents, other than open data, be secured against intrusion by persons located within a foreign adversary.

Texas Genomic Act - Important Definitions 

Foreign Adversaries: At present the following countries are considered to be foreign adversaries:

1. China (including Hong Kong and Macau)
2. Cuba
3. Iran
4. North Korea
5. Russia
6. Venezuela (Nicolas Maduro)

Genome sequencer: Any device or platform used to conduct genome sequencing, resequencing, or isolation or other genome research.

Genome sequencing: Any method used to determine the identity and order of nucleotide bases in the human genome.

Human genome: The set of DNA found in human cells.

Software: Computer programs and related equipment used for genome sequencing or the operation, control, analysis, research, or other functions of genome sequencers.