83R23418 SCL-D
By: Zedler, et al. H.B. No. 2342
Substitute the following for H.B. No. 2342:
By: Geren C.S.H.B. No. 2342
A BILL TO BE ENTITLED
AN ACT
relating to the research, collection, and use of adult stem cells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 3, Education Code, is amended
by adding Chapter 156 to read as follows:
CHAPTER 156. ADULT STEM CELL RESEARCH PROGRAM
Sec. 156.001. DEFINITIONS. In this chapter:
(1) "Adult stem cell" means an undifferentiated cell
that is:
(A) found in differentiated tissue; and
(B) able to renew itself and differentiate to
yield all or nearly all of the specialized cell types of the tissue
from which the cell originated.
(2) "Consortium" means the Texas Adult Stem Cell
Research Consortium.
(3) "Institution of higher education" means an
institution of higher education as defined by Section 61.003 or a
private college or university that receives state funds.
(4) "Program" means the adult stem cell research
program established under this chapter.
(5) "Research coordinating board" means the Texas
Adult Stem Cell Research Coordinating Board.
Sec. 156.002. COMPOSITION OF RESEARCH COORDINATING BOARD.
(a) The Texas Adult Stem Cell Research Coordinating Board is
composed of seven members appointed as follows:
(1) three members who are interested persons,
including at least one person who represents an institution of
higher education, appointed by the governor;
(2) two members who are interested persons appointed
by the lieutenant governor; and
(3) two members who are interested persons appointed
by the speaker of the house of representatives.
(b) The governor shall designate as the presiding officer of
the research coordinating board a board member appointed under
Subsection (a)(1) who represents an institution of higher
education. The presiding officer serves in that capacity at the
will of the governor.
(c) The members of the research coordinating board serve
staggered six-year terms. If a vacancy occurs on the board, the
appropriate appointing authority shall appoint, in the same manner
as the original appointment, another person to serve for the
remainder of the unexpired term.
Sec. 156.003. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in this
state designed to assist its members and its industry or profession
in dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the research
coordinating board if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of medicine;
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of medicine; or
(3) the person is a member of the Texas Higher
Education Coordinating Board.
(c) A person may not be a member of the research
coordinating board if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
Sec. 156.004. COMPOSITION OF CONSORTIUM. (a) The research
coordinating board shall establish the Texas Adult Stem Cell
Research Consortium.
(b) The consortium is composed of participating
institutions of higher education and businesses that:
(1) accept public money for adult stem cell research;
or
(2) otherwise agree to participate in the consortium.
Sec. 156.005. ADMINISTRATION OF PROGRAM; GUIDELINES AND
PROCEDURES. (a) The research coordinating board shall administer
the program to:
(1) make grants and loans to consortium members for:
(A) adult stem cell research projects, including
projects to develop therapies, protocols, or medical procedures
involving adult stem cells;
(B) the development of facilities to be used
solely for adult stem cell research projects; and
(C) the commercialization of products or
technology involving adult stem cell research and treatments;
(2) support consortium members in all stages of the
process of developing treatments and cures based on adult stem cell
research, beginning with initial laboratory research through
successful clinical trials;
(3) establish appropriate regulatory standards and
oversight bodies for:
(A) adult stem cell research conducted by
consortium members; and
(B) the development of facilities for consortium
members conducting adult stem cell research; and
(4) assist consortium members in applying for grants
or loans under the program.
(b) The research coordinating board shall develop research
priorities, guidelines, and procedures for providing grants and
loans for specific research projects conducted by consortium
members. The priorities, guidelines, and procedures must require
the grants and loans to be made on a competitive, peer review basis.
Sec. 156.006. FUNDING. The program may be funded by gifts,
grants, and donations described by Section 156.007.
Sec. 156.007. GIFTS, GRANTS, AND DONATIONS. The consortium
shall solicit, and the research coordinating board may accept on
behalf of the consortium, a gift, grant, or donation made from any
public or private source for the purpose of promoting adult stem
cell research or commercialization.
Sec. 156.008. BIENNIAL REPORT. Not later than September 1
of each even-numbered year, the research coordinating board shall
submit a report of the board's activities and recommendations to
the Texas Higher Education Coordinating Board and to the governor,
the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of each legislative
standing committee or subcommittee with jurisdiction over higher
education.
SECTION 2. Section 162.001, Health and Safety Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Adult stem cell" means an undifferentiated cell
that is:
(A) found in differentiated tissue; and
(B) able to renew itself and differentiate to
yield all or nearly all of the specialized cell types of the tissue
from which the cell originated.
SECTION 3. Chapter 162, Health and Safety Code, is amended
by adding Section 162.020 to read as follows:
Sec. 162.020. ADULT STEM CELL COLLECTION. Blood obtained
by a blood bank may be used for the collection of adult stem cells if
the donor consents in writing to that use.
SECTION 4. Section 241.003, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Adult stem cell" has the meaning assigned by
Section 162.001.
(1-a) "Advanced practice nurse" means a registered
nurse recognized as an advanced practice nurse by the Texas Board of
Nursing.
SECTION 5. Subchapter A, Chapter 241, Health and Safety
Code, is amended by adding Section 241.009 to read as follows:
Sec. 241.009. USE OF ADULT STEM CELLS. A hospital may use
adult stem cells in a procedure if a physician providing services at
the hospital determines that the use of adult stem cells in the
procedure is appropriate and the patient consents in writing to the
use.
SECTION 6. (a) As soon as practicable after the effective
date of this Act, the governor, lieutenant governor, and speaker of
the house of representatives shall appoint members to the Texas
Adult Stem Cell Research Coordinating Board, as required by Section
156.002, Education Code, as added by this Act, as follows:
(1) the governor shall appoint one member to a term
expiring February 1, 2015, one member to a term expiring February 1,
2017, and one member to a term expiring February 1, 2019;
(2) the lieutenant governor shall appoint one member
to a term expiring February 1, 2017, and one member to a term
expiring February 1, 2019; and
(3) the speaker of the house of representatives shall
appoint one member to a term expiring February 1, 2017, and one
member to a term expiring February 1, 2019.
(b) Not later than September 1, 2014, the Texas Adult Stem
Cell Research Coordinating Board shall submit the first report of
the board's activities and recommendations as required by Chapter
156, Education Code, as added by this Act.
SECTION 7. This Act takes effect September 1, 2013.