Texas 2009 - 81st Regular

Texas House Bill HB2379 Compare Versions

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11 81R2556 KEL-F
22 By: Kolkhorst H.B. No. 2379
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the establishment of an adult stem cell research
88 program.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter H, Title 3, Education Code, is
1111 amended by adding Chapter 156 to read as follows:
1212 CHAPTER 156. ADULT STEM CELL RESEARCH PROGRAM
1313 Sec. 156.001. DEFINITIONS. In this chapter:
1414 (1) "Adult stem cell" means an undifferentiated cell
1515 that is:
1616 (A) found in differentiated tissue; and
1717 (B) is able to renew itself and differentiate to
1818 yield all or nearly all of the specialized cell types of the tissue
1919 from which the cell originated.
2020 (2) "Consortium" means the Texas Adult Stem Cell
2121 Research Consortium.
2222 (3) "Institution of higher education" means an
2323 institution of higher education as defined by Section 61.003 or a
2424 private college or university that receives state funds.
2525 (4) "Program" means the adult stem cell research
2626 program established under this chapter.
2727 (5) "Research coordinating board" means the Texas
2828 Adult Stem Cell Research Coordinating Board.
2929 Sec. 156.002. COMPOSITION OF RESEARCH COORDINATING BOARD.
3030 (a) The Texas Adult Stem Cell Research Coordinating Board is
3131 composed of:
3232 (1) two members representing the Texas Higher
3333 Education Coordinating Board, each of whom is appointed by the
3434 commissioner of higher education;
3535 (2) two members representing the Health and Human
3636 Services Commission, each of whom is appointed by the executive
3737 commissioner of the commission;
3838 (3) one member who is an interested person appointed
3939 by the lieutenant governor;
4040 (4) seven professional members with special training
4141 and interest in:
4242 (A) adult stem cell research;
4343 (B) clinical applications involving adult stem
4444 cells; or
4545 (C) commercialization of products or technology
4646 involving adult stem cell research and treatments; and
4747 (5) members representing institutions of higher
4848 education participating in the consortium, with one member
4949 appointed by the president of each institution.
5050 (b) The governor shall appoint four of the professional
5151 members, and the lieutenant governor shall appoint three of the
5252 professional members.
5353 (c) The governor shall designate as the presiding officer of
5454 the research coordinating board a member of the board who does not
5555 represent an institution of higher education. The presiding
5656 officer serves in that capacity at the will of the governor.
5757 (d) The members of the research coordinating board serve
5858 staggered six-year terms. If a vacancy occurs on the board, the
5959 appropriate appointing authority shall appoint, in the same manner
6060 as the original appointment, another person to serve for the
6161 remainder of the unexpired term.
6262 Sec. 156.003. CONFLICT OF INTEREST. (a) In this section,
6363 "Texas trade association" means a cooperative and voluntarily
6464 joined association of business or professional competitors in this
6565 state designed to assist its members and its industry or profession
6666 in dealing with mutual business or professional problems and in
6767 promoting their common interest.
6868 (b) A person may not be a member of the research
6969 coordinating board if:
7070 (1) the person is an officer, employee, or paid
7171 consultant of a Texas trade association in the field of medicine; or
7272 (2) the person's spouse is an officer, manager, or paid
7373 consultant of a Texas trade association in the field of medicine.
7474 (c) A person may not be a member of the research
7575 coordinating board if the person is required to register as a
7676 lobbyist under Chapter 305, Government Code, because of the
7777 person's activities for compensation on behalf of a profession
7878 related to the operation of the board.
7979 Sec. 156.004. COMPOSITION OF CONSORTIUM. (a) The research
8080 coordinating board shall establish the Texas Adult Stem Cell
8181 Research Consortium.
8282 (b) The consortium is composed of participating
8383 institutions of higher education that:
8484 (1) accept public money for adult stem cell research;
8585 or
8686 (2) otherwise agree to participate in the consortium.
8787 Sec. 156.005. ADMINISTRATION OF PROGRAM; GUIDELINES AND
8888 PROCEDURES. (a) The research coordinating board shall administer
8989 the program to:
9090 (1) make grants and loans to consortium members for:
9191 (A) adult stem cell research projects, including
9292 projects to develop therapies, protocols, or medical procedures
9393 involving adult stem cells;
9494 (B) the development of facilities to be used
9595 solely for adult stem cell research projects; and
9696 (C) the commercialization of products or
9797 technology involving adult stem cell research and treatments;
9898 (2) support consortium members in all stages of the
9999 process of developing treatments and cures based on adult stem cell
100100 research, beginning with initial laboratory research through
101101 successful clinical trials;
102102 (3) establish appropriate regulatory standards and
103103 oversight bodies for:
104104 (A) adult stem cell research conducted by
105105 consortium members; and
106106 (B) the development of facilities for consortium
107107 members conducting adult stem cell research; and
108108 (4) assist consortium members in applying for grants
109109 or loans under the program.
110110 (b) The research coordinating board shall develop research
111111 priorities, guidelines, and procedures for providing grants and
112112 loans for specific research projects conducted by consortium
113113 members. The priorities, guidelines, and procedures must require
114114 the grants and loans to be made on a competitive, peer review basis.
115115 Sec. 156.006. FUNDING. The program may be funded by:
116116 (1) legislative appropriations; or
117117 (2) gifts, grants, and donations described by Section
118118 156.007.
119119 Sec. 156.007. GRANTS AND GIFTS. The consortium shall
120120 solicit, and the research coordinating board may accept on behalf
121121 of the consortium, a gift, grant, or donation made from any public
122122 or private source for the purpose of promoting adult stem cell
123123 research or commercialization.
124124 Sec. 156.008. BIENNIAL REPORT. Not later than September 1
125125 of each even-numbered year, the research coordinating board shall
126126 submit a report of the board's activities and recommendations to
127127 the Texas Higher Education Coordinating Board and to the governor,
128128 the lieutenant governor, the speaker of the house of
129129 representatives, and the presiding officer of each legislative
130130 standing committee or subcommittee with jurisdiction over higher
131131 education.
132132 SECTION 2. Not later than September 1, 2010, the Texas Adult
133133 Stem Cell Research Coordinating Board shall submit the first report
134134 of the board's activities and recommendations as required by
135135 Chapter 156, Education Code, as added by this Act.
136136 SECTION 3. This Act takes effect September 1, 2009.