83R10235 AED-D
By: Coleman H.B. No. 3732
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. Subchapter B, Chapter 102, Health and Safety
Code, is amended by adding Section 102.057 to read as follows:
Sec. 102.057. RELATIONSHIP WITH CERTAIN NONPROFIT
ENTITIES. An oversight committee member may not serve on the board
of directors or other governing board of a nonprofit entity a
primary purpose of which is to support the institute.
SECTION 2. Section 102.101(b), Health and Safety Code, is
amended to read as follows:
(b) The oversight committee is composed of the following
nine [11] members:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the speaker of the
house of representatives[;
[(4) the comptroller or the comptroller's designee;
and
[(5) the attorney general or the attorney general's
designee].
SECTION 3. Section 102.104, Health and Safety Code, is
amended to read as follows:
Sec. 102.104. OFFICERS. (a) The oversight committee shall
elect [select] a presiding officer and assistant presiding officer
from among its members every two years. The oversight committee may
elect additional officers from among its members.
(b) The presiding officer and assistant presiding officer
may not serve more than two years.
(c) The oversight committee shall:
(1) establish and approve duties and responsibilities
for officers of the committee; and
(2) develop and implement policies that distinguish
the responsibilities of the oversight committee and the committee's
officers from the responsibilities of the chief executive officer
and the employees of the institute.
SECTION 4. Section 102.251, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(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 research and prevention programs committee shall
score [review] grant applications and make recommendations to the
oversight committee and the executive director 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:
(A) includes documentation on the factors the
executive director considered in making the grant recommendations;
(B) [that] is substantially based on the list
submitted by the research and prevention programs committee under
Subdivision (1); and
(C) [,] to the extent possible, gives priority to
proposals that:
(i) [(A)] could lead to immediate or
long-term medical and scientific breakthroughs in the area of
cancer prevention or cures for cancer;
(ii) [(B)] strengthen and enhance
fundamental science in cancer research;
(iii) [(C)] ensure a comprehensive
coordinated approach to cancer research;
(iv) [(D)] are interdisciplinary or
interinstitutional;
(v) [(E)] address federal or other major
research sponsors' priorities in emerging scientific or technology
fields in the area of cancer prevention or cures for cancer;
(vi) [(F)] are matched with funds available
by a private or nonprofit entity and institution or institutions of
higher education;
(vii) [(G)] 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;
(viii) [(H)] have a demonstrable economic
development benefit to this state;
(ix) [(I)] 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
(x) [(J)] 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.
(c) The executive director may not discuss a grant applicant
recommendation with a member of the oversight committee unless the
executive director has fulfilled the requirements of Subsection
(a)(2).
(d) The institute may not award a grant to an applicant who
has made a gift or grant to the institute or a nonprofit
organization established to provide support to the institute.
SECTION 5. Section 102.252, Health and Safety Code, is
amended to read as follows:
Sec. 102.252. FUNDING [OVERRIDING] RECOMMENDATIONS.
Two-thirds of the members of the [The] oversight committee must
vote to approve [follow] the funding recommendations of the
executive director [in the order the executive director submits
the applications to the oversight committee unless two-thirds of
the members of the oversight committee vote to disregard a
recommendation].
SECTION 6. Sections 102.255(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) The contract must:
(1) include terms relating to intellectual property
rights consistent with the standards developed by the oversight
committee under Section 102.256;
(2) require, in accordance with Subsection (d), the
grant recipient to dedicate an amount of matching funds equal to
one-half of the amount of the grant awarded; and
(3) specify:
(A) the amount of matching funds to be dedicated
under Subdivision (2);
(B) the period in which the grant award must be
spent;
(C) the name of the specific project to which
matching funds are to be dedicated; and
(D) the specific deliverables of the research
that is the subject of the grant proposal.
(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 and dedicate those funds
[dedicated] to the specific research that is the subject of the
grant request.
SECTION 7. Section 102.262, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The records of the institute and of a nonprofit
organization established to provide support to the institute shall,
to the extent the records pertain specifically to any gift, grant,
or other consideration provided by the organization to the
institute, an employee of the institute, or a member of a committee
of the institute, be made available to the public. A record that is
available under this subsection is public information subject to
Chapter 552, Government Code.
SECTION 8. (a) As soon as practicable after the effective
date of this Act, the Cancer Prevention and Research Institute of
Texas Oversight Committee shall adopt the rules necessary to
implement the changes in law made by this Act.
(b) The changes in law made by this Act apply only to a grant
application submitted to the Cancer Prevention and Research
Institute of Texas on or after the effective date of this Act. A
grant application submitted before the effective date of this Act
is governed by the law in effect on the date the application was
submitted, and that law is continued in effect for that purpose.
(c) Not later than January 1, 2014, employees, oversight
committee members, and members of other committees of the Cancer
Prevention and Research Institute of Texas must comply with the
changes in law made by this Act regarding the qualifications of the
employees and members.
SECTION 9. 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, 2013.