81R6751 ALB-D
By: Nelson S.B. No. 895
A BILL TO BE ENTITLED
AN ACT
relating to the Cancer Prevention and Research Institute of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.001(3), Health and Safety Code, is
amended to read as follows:
(3) "Research and prevention programs committee"
means the Cancer Prevention and Research Institute of Texas
Scientific Research and Prevention Programs committees appointed
by the executive director [Committee].
SECTION 2. Section 102.151, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The executive director shall appoint as members of
scientific research and prevention programs committees experts in
the field of cancer research and prevention.
SECTION 3. The heading to Subchapter D, Chapter 102, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER D. COMMITTEES [RESEARCH AND PREVENTION PROGRAMS
COMMITTEE]
SECTION 4. Section 102.153, Health and Safety Code, is
amended to read as follows:
Sec. 102.153. EXPENSES. Members of the university advisory
committee or any ad hoc advisory committee appointed under this
subchapter [the research and prevention programs committee] serve
without compensation but are entitled to reimbursement for actual
and necessary expenses in attending meetings of the committee or
performing other official duties authorized by the presiding
officer.
SECTION 5. Subchapter D, Chapter 102, Health and Safety
Code, is amended by adding Sections 102.154, 102.155, and 102.156
to read as follows:
Sec. 102.154. UNIVERSITY ADVISORY COMMITTEE. (a) The
Cancer Prevention and Research Institute of Texas University
Advisory Committee is composed of the following nine members:
(1) two members appointed by the governor representing
private or independent institutions of higher education in this
state that have demonstrated success and leadership in cancer
research;
(2) two members appointed by the chancellor of The
University of Texas System to represent:
(A) The University of Texas Southwestern Medical
Center at Dallas;
(B) The University of Texas Medical Branch at
Galveston;
(C) The University of Texas Health Science Center
at Houston;
(D) The University of Texas Health Science Center
at San Antonio;
(E) The University of Texas Health Center at
Tyler; or
(F) The University of Texas M. D. Anderson Cancer
Center;
(3) one member appointed by the chancellor of The
Texas A&M University System to represent:
(A) The Texas A&M University System Health
Science Center; or
(B) the teaching hospital for The Texas A&M
Health Science Center College of Medicine;
(4) one member appointed by the chancellor of the
Texas Tech University System to represent the Texas Tech University
Health Sciences Center;
(5) one member appointed by the chancellor of the
University of Houston System to represent the system;
(6) one member appointed by the chancellor of the
Texas State University System to represent the system; and
(7) one member appointed by the chancellor of the
University of North Texas System to represent the system.
(b) The university advisory committee shall advise the
oversight committee and the research and prevention programs
committee regarding the role of institutions of higher education in
cancer research.
Sec. 102.155. AD HOC ADVISORY COMMITTEE. (a) The oversight
committee, as necessary, may create ad hoc committees of experts to
advise the oversight committee on issues relating to cancer.
(b) Ad hoc committee members shall serve for a period
determined by the oversight committee.
Sec. 102.156. CONFLICT OF INTEREST. (a) A member of a
research and prevention programs committee, the university
advisory committee, or any ad hoc committee appointed under this
subchapter shall disclose in writing to the executive director if
the member has an interest in the matter or has a substantial
financial interest in an entity that has a direct interest in the
matter.
(b) The member shall recuse himself or herself from the
committee's deliberations and actions on the matter in Subsection
(a) and may not participate in the committee's decision on the
matter.
(c) A person has a substantial financial interest in an
entity if the person:
(1) is an employee, member, director, or officer of
the entity; or
(2) owns or controls, directly or indirectly, more
than a five percent interest in the entity.
SECTION 6. Sections 102.203(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) A person receiving money under this subchapter for
cancer research may not spend more than five percent of the money
for indirect costs. For purposes of this subsection, "indirect
costs" means the expenses of doing business that are not readily
identified with a particular grant, contract, project, function, or
activity, but are necessary for the general operation of the
organization or the performance of the organization's activities.
(d) Not more than five percent of the money awarded under
this subchapter may be used for facility purchase, construction,
remodel, or renovation purposes during any year. Expenditures of
money awarded under this subchapter for facility purchase,
construction, remodel, or renovation projects must benefit cancer
prevention and research.
SECTION 7. Section 102.251, Health and Safety Code, is
amended to read as follows:
Sec. 102.251. RULES FOR GRANT AWARD PROCEDURE [DUTIES OF
SCIENTIFIC RESEARCH AND PREVENTION PROGRAMS COMMITTEE]. (a) The
oversight committee shall issue rules regarding the procedure for
awarding grants to an applicant under this chapter. The rules must
include the following procedures:
(1) a [The] research and prevention programs committee
shall review grant applications and make recommendations to the
executive director [oversight committee] regarding the award of
cancer research grants, including a prioritized list that ranks the
grant applications in the order the committee determines
applications should be funded; and
(2) the executive director shall submit to the
oversight committee a list of grant applications that is
substantially based on the list submitted by the committee under
Subdivision (1) and, to the extent possible, gives[, therapy
development, and clinical trial grants.
[(b) The ex officio members of the research and prevention
programs committee may participate in the review and discussion of
grant applications but may not vote on recommendations to the
oversight committee. In making recommendations to the oversight
committee, the research and prevention programs committee shall
give] priority to proposals that:
(A) [(1)] could lead to immediate or long-term
medical and scientific breakthroughs in the area of cancer
prevention or cures for cancer;
(B) [(2)] strengthen and enhance fundamental
science in cancer research;
(C) [(3)] ensure a comprehensive coordinated
approach to cancer research;
(D) [(4)] are interdisciplinary or
interinstitutional;
(E) [(5)] address federal or other major
research sponsors' priorities in emerging scientific or technology
fields in the area of cancer prevention or cures for cancer;
(F) [(6)] are matched with funds available by a
private or nonprofit entity and institution or institutions of
higher education;
(G) [(7)] are collaborative between any
combination of private and nonprofit entities, public or private
agencies or institutions in this state, and public or private
institutions outside this state;
(H) [(8)] have a demonstrable economic
development benefit to this state;
(I) [(9)] enhance research superiority at
institutions of higher education in this state by creating new
research superiority, attracting existing research superiority
from institutions not located in this state and other research
entities, or enhancing existing research superiority by attracting
from outside this state additional researchers and resources; and
(J) [(10)] expedite innovation and
commercialization, attract, create, or expand private sector
entities that will drive a substantial increase in high-quality
jobs, and increase higher education applied science or technology
research capabilities.
(b) [(c)] A member of the research and prevention programs
committee may not attempt to use the committee member's official
position to influence a decision to approve or award a grant or
contract to the committee member's employer.
SECTION 8. Section 102.252, Health and Safety Code, is
amended to read as follows:
Sec. 102.252. OVERRIDING [RESEARCH AND PREVENTION PROGRAMS
COMMITTEE] RECOMMENDATIONS. The oversight committee must follow
the funding recommendations of the executive director in the order
the executive director submits the applications to the oversight
committee [research and prevention programs committee] unless
two-thirds of the members of the oversight committee vote to
disregard a recommendation.
SECTION 9. Section 102.255(d), Health and Safety Code, is
amended to read as follows:
(d) Before the oversight committee may make for cancer
research any grant of any proceeds of the bonds issued under
Subchapter E, the recipient of the grant must have an amount of
funds equal to one-half of the grant dedicated to the research that
is the subject of the grant request.
SECTION 10. Subchapter F, Chapter 102, Health and Safety
Code, is amended by adding Section 102.262 to read as follows:
Sec. 102.262. PUBLIC INFORMATION. The following
information is public information and may be disclosed under
Chapter 552, Government Code:
(1) the applicant's name and address;
(2) the amount of funding applied for;
(3) the type of cancer to be addressed under the
proposal; and
(4) any other information designated by the institute
with the consent of the grant applicant.
SECTION 11. Section 102.151(a), Health and Safety Code, is
repealed.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.