Texas 2009 - 81st Regular

Texas Senate Bill SB895 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6751 ALB-D
2	2	By: Nelson S.B. No. 895
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Cancer Prevention and Research Institute of Texas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 102.001(3), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(3) "Research and prevention programs committee"
12	12	means the Cancer Prevention and Research Institute of Texas
13	13	Scientific Research and Prevention Programs committees appointed
14	14	by the executive director [Committee].
15	15	SECTION 2. Section 102.151, Health and Safety Code, is
16	16	amended by adding Subsection (a-1) to read as follows:
17	17	(a-1) The executive director shall appoint as members of
18	18	scientific research and prevention programs committees experts in
19	19	the field of cancer research and prevention.
20	20	SECTION 3. The heading to Subchapter D, Chapter 102, Health
21	21	and Safety Code, is amended to read as follows:
22	22	SUBCHAPTER D. COMMITTEES [RESEARCH AND PREVENTION PROGRAMS
23	23	COMMITTEE]
24	24	SECTION 4. Section 102.153, Health and Safety Code, is
25	25	amended to read as follows:
26	26	Sec. 102.153. EXPENSES. Members of the university advisory
27	27	committee or any ad hoc advisory committee appointed under this
28	28	subchapter [the research and prevention programs committee] serve
29	29	without compensation but are entitled to reimbursement for actual
30	30	and necessary expenses in attending meetings of the committee or
31	31	performing other official duties authorized by the presiding
32	32	officer.
33	33	SECTION 5. Subchapter D, Chapter 102, Health and Safety
34	34	Code, is amended by adding Sections 102.154, 102.155, and 102.156
35	35	to read as follows:
36	36	Sec. 102.154. UNIVERSITY ADVISORY COMMITTEE. (a) The
37	37	Cancer Prevention and Research Institute of Texas University
38	38	Advisory Committee is composed of the following nine members:
39	39	(1) two members appointed by the governor representing
40	40	private or independent institutions of higher education in this
41	41	state that have demonstrated success and leadership in cancer
42	42	research;
43	43	(2) two members appointed by the chancellor of The
44	44	University of Texas System to represent:
45	45	(A) The University of Texas Southwestern Medical
46	46	Center at Dallas;
47	47	(B) The University of Texas Medical Branch at
48	48	Galveston;
49	49	(C) The University of Texas Health Science Center
50	50	at Houston;
51	51	(D) The University of Texas Health Science Center
52	52	at San Antonio;
53	53	(E) The University of Texas Health Center at
54	54	Tyler; or
55	55	(F) The University of Texas M. D. Anderson Cancer
56	56	Center;
57	57	(3) one member appointed by the chancellor of The
58	58	Texas A&M University System to represent:
59	59	(A) The Texas A&M University System Health
60	60	Science Center; or
61	61	(B) the teaching hospital for The Texas A&M
62	62	Health Science Center College of Medicine;
63	63	(4) one member appointed by the chancellor of the
64	64	Texas Tech University System to represent the Texas Tech University
65	65	Health Sciences Center;
66	66	(5) one member appointed by the chancellor of the
67	67	University of Houston System to represent the system;
68	68	(6) one member appointed by the chancellor of the
69	69	Texas State University System to represent the system; and
70	70	(7) one member appointed by the chancellor of the
71	71	University of North Texas System to represent the system.
72	72	(b) The university advisory committee shall advise the
73	73	oversight committee and the research and prevention programs
74	74	committee regarding the role of institutions of higher education in
75	75	cancer research.
76	76	Sec. 102.155. AD HOC ADVISORY COMMITTEE. (a) The oversight
77	77	committee, as necessary, may create ad hoc committees of experts to
78	78	advise the oversight committee on issues relating to cancer.
79	79	(b) Ad hoc committee members shall serve for a period
80	80	determined by the oversight committee.
81	81	Sec. 102.156. CONFLICT OF INTEREST. (a) A member of a
82	82	research and prevention programs committee, the university
83	83	advisory committee, or any ad hoc committee appointed under this
84	84	subchapter shall disclose in writing to the executive director if
85	85	the member has an interest in the matter or has a substantial
86	86	financial interest in an entity that has a direct interest in the
87	87	matter.
88	88	(b) The member shall recuse himself or herself from the
89	89	committee's deliberations and actions on the matter in Subsection
90	90	(a) and may not participate in the committee's decision on the
91	91	matter.
92	92	(c) A person has a substantial financial interest in an
93	93	entity if the person:
94	94	(1) is an employee, member, director, or officer of
95	95	the entity; or
96	96	(2) owns or controls, directly or indirectly, more
97	97	than a five percent interest in the entity.
98	98	SECTION 6. Sections 102.203(c) and (d), Health and Safety
99	99	Code, are amended to read as follows:
100	100	(c) A person receiving money under this subchapter for
101	101	cancer research may not spend more than five percent of the money
102	102	for indirect costs. For purposes of this subsection, "indirect
103	103	costs" means the expenses of doing business that are not readily
104	104	identified with a particular grant, contract, project, function, or
105	105	activity, but are necessary for the general operation of the
106	106	organization or the performance of the organization's activities.
107	107	(d) Not more than five percent of the money awarded under
108	108	this subchapter may be used for facility purchase, construction,
109	109	remodel, or renovation purposes during any year. Expenditures of
110	110	money awarded under this subchapter for facility purchase,
111	111	construction, remodel, or renovation projects must benefit cancer
112	112	prevention and research.
113	113	SECTION 7. Section 102.251, Health and Safety Code, is
114	114	amended to read as follows:
115	115	Sec. 102.251. RULES FOR GRANT AWARD PROCEDURE [DUTIES OF
116	116	SCIENTIFIC RESEARCH AND PREVENTION PROGRAMS COMMITTEE]. (a) The
117	117	oversight committee shall issue rules regarding the procedure for
118	118	awarding grants to an applicant under this chapter. The rules must
119	119	include the following procedures:
120	120	(1) a [The] research and prevention programs committee
121	121	shall review grant applications and make recommendations to the
122	122	executive director [oversight committee] regarding the award of
123	123	cancer research grants, including a prioritized list that ranks the
124	124	grant applications in the order the committee determines
125	125	applications should be funded; and
126	126	(2) the executive director shall submit to the
127	127	oversight committee a list of grant applications that is
128	128	substantially based on the list submitted by the committee under
129	129	Subdivision (1) and, to the extent possible, gives[, therapy
130	130	development, and clinical trial grants.
131	131	[(b) The ex officio members of the research and prevention
132	132	programs committee may participate in the review and discussion of
133	133	grant applications but may not vote on recommendations to the
134	134	oversight committee. In making recommendations to the oversight
135	135	committee, the research and prevention programs committee shall
136	136	give] priority to proposals that:
137	137	(A) [(1)] could lead to immediate or long-term
138	138	medical and scientific breakthroughs in the area of cancer
139	139	prevention or cures for cancer;
140	140	(B) [(2)] strengthen and enhance fundamental
141	141	science in cancer research;
142	142	(C) [(3)] ensure a comprehensive coordinated
143	143	approach to cancer research;
144	144	(D) [(4)] are interdisciplinary or
145	145	interinstitutional;
146	146	(E) [(5)] address federal or other major
147	147	research sponsors' priorities in emerging scientific or technology
148	148	fields in the area of cancer prevention or cures for cancer;
149	149	(F) [(6)] are matched with funds available by a
150	150	private or nonprofit entity and institution or institutions of
151	151	higher education;
152	152	(G) [(7)] are collaborative between any
153	153	combination of private and nonprofit entities, public or private
154	154	agencies or institutions in this state, and public or private
155	155	institutions outside this state;
156	156	(H) [(8)] have a demonstrable economic
157	157	development benefit to this state;
158	158	(I) [(9)] enhance research superiority at
159	159	institutions of higher education in this state by creating new
160	160	research superiority, attracting existing research superiority
161	161	from institutions not located in this state and other research
162	162	entities, or enhancing existing research superiority by attracting
163	163	from outside this state additional researchers and resources; and
164	164	(J) [(10)] expedite innovation and
165	165	commercialization, attract, create, or expand private sector
166	166	entities that will drive a substantial increase in high-quality
167	167	jobs, and increase higher education applied science or technology
168	168	research capabilities.
169	169	(b) [(c)] A member of the research and prevention programs
170	170	committee may not attempt to use the committee member's official
171	171	position to influence a decision to approve or award a grant or
172	172	contract to the committee member's employer.
173	173	SECTION 8. Section 102.252, Health and Safety Code, is
174	174	amended to read as follows:
175	175	Sec. 102.252. OVERRIDING [RESEARCH AND PREVENTION PROGRAMS
176	176	COMMITTEE] RECOMMENDATIONS. The oversight committee must follow
177	177	the funding recommendations of the executive director in the order
178	178	the executive director submits the applications to the oversight
179	179	committee [research and prevention programs committee] unless
180	180	two-thirds of the members of the oversight committee vote to
181	181	disregard a recommendation.
182	182	SECTION 9. Section 102.255(d), Health and Safety Code, is
183	183	amended to read as follows:
184	184	(d) Before the oversight committee may make for cancer
185	185	research any grant of any proceeds of the bonds issued under
186	186	Subchapter E, the recipient of the grant must have an amount of
187	187	funds equal to one-half of the grant dedicated to the research that
188	188	is the subject of the grant request.
189	189	SECTION 10. Subchapter F, Chapter 102, Health and Safety
190	190	Code, is amended by adding Section 102.262 to read as follows:
191	191	Sec. 102.262. PUBLIC INFORMATION. The following
192	192	information is public information and may be disclosed under
193	193	Chapter 552, Government Code:
194	194	(1) the applicant's name and address;
195	195	(2) the amount of funding applied for;
196	196	(3) the type of cancer to be addressed under the
197	197	proposal; and
198	198	(4) any other information designated by the institute
199	199	with the consent of the grant applicant.
200	200	SECTION 11. Section 102.151(a), Health and Safety Code, is
201	201	repealed.
202	202	SECTION 12. This Act takes effect immediately if it
203	203	receives a vote of two-thirds of all the members elected to each
204	204	house, as provided by Section 39, Article III, Texas Constitution.
205	205	If this Act does not receive the vote necessary for immediate
206	206	effect, this Act takes effect September 1, 2009.