| 1 | 1 | | By: Ogden S.B. No. 2573 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to annual reports by certain agencies conducting, funding, |
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| 7 | 7 | | or supporting biomedical research. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Chapter 172 to read as follows: |
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| 11 | 11 | | CHAPTER 172. BIOMEDICAL RESEARCH |
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| 12 | 12 | | Sec. 172.001. DEFINITION. In this chapter, "state agency" |
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| 13 | 13 | | means a department, commission, board, office, or other agency in |
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| 14 | 14 | | the executive branch of state government created by the state |
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| 15 | 15 | | constitution or a state statute, including an institution of higher |
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| 16 | 16 | | education as defined by Section 61.003, Education Code. |
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| 17 | 17 | | Sec. 172.002. ANNUAL REPORT. (a) Not later than December |
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| 18 | 18 | | 1 of each year, a state agency that conducts, funds, or supports |
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| 19 | 19 | | biomedical research shall submit to the governor, the Legislative |
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| 20 | 20 | | Budget Board, and the commissioner of state health services a |
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| 21 | 21 | | report, in the format established by the commissioner, on whether |
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| 22 | 22 | | the agency conducted, funded, or supported during the preceding |
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| 23 | 23 | | state fiscal year any research that involves human stem cells or |
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| 24 | 24 | | human cloning. |
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| 25 | 25 | | (b) A state agency that conducts, funds, or supports any |
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| 26 | 26 | | research that involves human stem cells or human cloning must |
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| 27 | 27 | | include in the report submitted under Subsection (a) information |
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| 28 | 28 | | on: |
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| 29 | 29 | | (1) the type of research conducted, funded, or |
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| 30 | 30 | | supported by the state agency that involves: |
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| 31 | 31 | | (A) human stem cells; and |
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| 32 | 32 | | (B) human cloning, including therapeutic and |
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| 33 | 33 | | reproductive cloning; |
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| 34 | 34 | | (2) the process through which the human stem cells and |
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| 35 | 35 | | stem cell lines were derived, if applicable; |
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| 36 | 36 | | (3) the amount and source of state and federal money, |
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| 37 | 37 | | private grants, and other funding used to conduct, fund, or support |
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| 38 | 38 | | the research; |
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| 39 | 39 | | (4) the use of state facilities to conduct or support |
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| 40 | 40 | | the research; and |
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| 41 | 41 | | (5) the goals, progress, and results of the research. |
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| 42 | 42 | | (c) A state agency shall not include in the report: |
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| 43 | 43 | | (1) information that the agency is not required to |
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| 44 | 44 | | publicly disclose under Chapter 552, Government Code; or |
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| 45 | 45 | | (2) the name, address, or other personal identifying |
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| 46 | 46 | | information of an individual conducting or otherwise participating |
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| 47 | 47 | | in research that is the subject of the report. |
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| 48 | 48 | | SECTION 2. Not later than December 1, 2009, a state agency |
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| 49 | 49 | | that conducts, funds, or supports biomedical research shall submit |
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| 50 | 50 | | the initial report required under Chapter 172, Health and Safety |
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| 51 | 51 | | Code, as added by this Act. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2009. |
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