Texas 2011 - 82nd Regular

Texas Senate Bill SB73 Compare Versions

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1	1	By: Nelson S.B. No. 73
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Finance;
4	4	March 31, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 15, Nays 0; March 31, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 73 By: Nelson
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to debt issuance authority of and funding for the Cancer
13	13	Prevention and Research Institute of Texas.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter C, Chapter 1232, Government Code, is
16	16	amended by adding Section 1232.1221 to read as follows:
17	17	Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR
18	18	CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant
19	19	recipient for a multiyear project for which an award is granted by
20	20	the Cancer Prevention and Research Institute of Texas Oversight
21	21	Committee as authorized by Section 102.257, Health and Safety Code,
22	22	after the authority has certified that obligations in an amount
23	23	sufficient to pay the money needed to fund the project have been
24	24	authorized for issuance by the authority and approved by the Bond
25	25	Review Board.
26	26	(b) After issuing the obligations, the board shall:
27	27	(1) pay the costs of the issuance and any related bond
28	28	administrative costs of the authority;
29	29	(2) certify to the Cancer Prevention and Research
30	30	Institute of Texas and to the comptroller that the proceeds from the
31	31	issuance are available; and
32	32	(3) deposit the proceeds into the state treasury to be
33	33	credited to the account of the Cancer Prevention and Research
34	34	Institute of Texas.
35	35	SECTION 2. Subsections (b) and (c), Section 102.201, Health
36	36	and Safety Code, are amended to read as follows:
37	37	(b) The cancer prevention and research fund consists of:
38	38	(1) patent, royalty, and license fees and other income
39	39	received under a contract entered into as provided by Section
40	40	102.255;
41	41	(2) appropriations of money to the fund by the
42	42	legislature, except that the appropriated money may not include the
43	43	proceeds from the issuance of bonds authorized by Section 67,
44	44	Article III, Texas Constitution;
45	45	(3) gifts, grants, including grants from the federal
46	46	government, and other donations received for the fund; and
47	47	(4) interest earned on the investment of money in the
48	48	fund.
49	49	(c) The fund may be used only to pay for:
50	50	(1) grants for cancer research and for cancer research
51	51	facilities in this state to realize therapies, protocols, and
52	52	medical procedures for the cure or substantial mitigation of all
53	53	types of cancer in humans;
54	54	(2) the purchase, subject to approval by the
55	55	institute, of laboratory facilities by or on behalf of a state
56	56	agency or grant recipient;
57	57	(3) grants to public or private persons to implement
58	58	the Texas Cancer Plan;
59	59	(4) the operation of the institute; [and]
60	60	(5) grants for cancer prevention and control programs
61	61	in this state to mitigate the incidence of all types of cancer in
62	62	humans; and
63	63	(6) debt service on bonds issued as authorized by
64	64	Section 67, Article III, Texas Constitution.
65	65	SECTION 3. Section 102.257, Health and Safety Code, is
66	66	amended to read as follows:
67	67	Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee
68	68	may grant funds for a multiyear project. The oversight committee
69	69	must specify the total amount of [All the] money approved [needed]
70	70	to fund the [a] multiyear project. The total amount specified is
71	71	considered for purposes of Section 102.253 to have been [must be]
72	72	awarded in the state fiscal year that the project is approved by the
73	73	research and prevention programs committee. The institute shall
74	74	distribute only the money that will be expended during that fiscal
75	75	year. The institute may maintain the remaining money needed in each
76	76	subsequent fiscal year [shall be maintained] in an escrow account
77	77	to be distributed by the institute as the money is needed [in
78	78	subsequent years of the project].
79	79	SECTION 4. The changes in law made by this Act apply only to
80	80	a grant of funds for a multiyear project by the Cancer Prevention
81	81	and Research Institute of Texas Oversight Committee as authorized
82	82	by Section 102.257, Health and Safety Code, as amended by this Act,
83	83	made on or after June 1, 2011. A grant of funds for a multiyear
84	84	project made before that date is governed by the law in effect on
85	85	the date the grant was made, and the former law is continued in
86	86	effect for that purpose.
87	87	SECTION 5. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2011.
92	92	* * * * *