By: Thompson of Harris, et al. H.B. No. 15
(Senate Sponsor - Kolkhorst, Alvarado, Gutierrez)
(In the Senate - Received from the House April 28, 2021;
May 10, 2021, read first time and referred to Committee on Health &
Human Services; May 22, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 22, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 15 By: Blanco
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas brain university research
initiative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter OO to read as follows:
SUBCHAPTER OO. TEXAS BRAIN UNIVERSITY RESEARCH INITIATIVE
Sec. 61.9971. DEFINITIONS. In this subchapter:
(1) "Advisory board" means the Texas brain university
research initiative advisory board.
(2) "Distinguished researcher" means a researcher who
is an expert in:
(A) the causes of and prevention, treatment,
rehabilitation, and cures for brain-related diseases, syndromes,
disorders, dysfunction, injuries, developmental issues,
neurological health issues, mental and behavioral health issues,
and substance abuse disorders and other addictions; or
(B) any other area impacting the brain, including
an area that directly or indirectly impacts or is impacted by the
brain or brain health, such as the gut microbiome, nutrition, and
the spinal cord or nervous system.
(3) "Eligible institution" means a general academic
teaching institution or health-related institution.
(4) "Fund" means the Texas brain university research
initiative fund established under this subchapter.
(5) "Health-related institution" means a medical and
dental unit and any other public health science center, public
medical school, or public dental school established by statute or
in accordance with this chapter.
Sec. 61.9972. ADMINISTRATION OF INITIATIVE. (a) The Texas
brain university research initiative is administered by the board.
(b) From the Texas brain university research initiative
fund, the board shall award matching grants to assist eligible
institutions in recruiting distinguished researchers.
(c) The board may adopt any rules the board considers
necessary to administer this subchapter.
Sec. 61.9973. MATCHING GRANTS. (a) An eligible
institution may apply to the board for a matching grant from the
fund. Before approval or disapproval of a grant application, the
board shall consider the recommendation of the advisory board
regarding the grant proposal. If the board approves a grant
application, the board shall award to the applicant institution a
grant amount equal to the amount committed by the institution for
the recruitment of a distinguished researcher, except as provided
by Subsection (c)(2).
(b) A grant application must identify the source and amount
of the eligible institution's matching funds and must demonstrate
that the proposed use of the grant has the support of the
institution's president and of the institution's governing board,
the chair of the institution's governing board, or the chancellor
of the university system, if the institution is a component of a
university system. An applicant eligible institution may commit
for matching purposes any funds of the institution available for
that purpose other than appropriated general revenue.
(c) The board may set a deadline for grant applications for
each state fiscal year. After fully funding approved grant
applications received during an application period for a state
fiscal year, the board may reopen applications for that year and:
(1) award the full amount of matching funds from the
fund for new applications; or
(2) approve previously disapproved applications
submitted before the original application deadline for receipt of a
reduced grant amount.
(d) A matching grant received by an eligible institution
under this subchapter may not be considered as a basis to reduce,
directly or indirectly, the amount of money otherwise appropriated
to the institution.
(e) A matching grant may not be used by an eligible
institution to recruit a distinguished researcher or other employee
from:
(1) another eligible institution; or
(2) a private or independent institution of higher
education.
(f) The board shall require an application and all
supporting documentation to be submitted to the board
electronically in the manner prescribed by the board.
Sec. 61.9974. GRANT AWARD CRITERIA; PRIORITIES. (a) In
awarding grants, the board shall give priority to proposals that:
(1) involve the recruitment of distinguished
researchers, including researchers who study mental and behavioral
health issues arising from the COVID-19 pandemic; or
(2) demonstrate a reasonable likelihood of
contributing substantially to this state's national and global
economic competitiveness.
(b) A grant proposal should identify a specific
distinguished researcher being recruited.
Sec. 61.9975. TEXAS BRAIN UNIVERSITY RESEARCH INITIATIVE
FUND. (a) The Texas brain university research initiative fund is a
dedicated account in the general revenue fund.
(b) The fund consists of:
(1) amounts appropriated or otherwise allocated or
transferred by law to the fund; and
(2) gifts, grants, and other donations received for
the fund.
(c) The fund may be used by the board only for the purposes
of this subchapter, including for necessary expenses incurred in
the administration of the fund and this subchapter.
Sec. 61.9976. CONFIDENTIALITY. Information collected or
obtained by the board or the advisory board concerning the identity
of a particular distinguished researcher who is the subject of a
grant proposal under this subchapter is confidential unless the
researcher and the applicant eligible institution consent to
disclosure of the information. The information remains
confidential until the date, if any, on which the researcher enters
into an employment relationship with the recruiting institution as
contemplated in the grant proposal.
Sec. 61.9977. ADVISORY BOARD. (a) The Texas brain
university research initiative advisory board is established to
assist the board with the review and evaluation of applications for
funding of grant proposals under this subchapter. The advisory
board shall make recommendations to the board for approval or
disapproval of those applications.
(b) The advisory board must be composed of at least nine
members appointed by the governor. Of the members of the board:
(1) one-third of the members, as nearly as possible,
must have a background in finance;
(2) one-third of the members, as nearly as possible,
must have an academic background in science, medicine, or brain
health; and
(3) one-third of the members, as nearly as possible,
must be public members.
(c) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory board.
(d) A member of the advisory board who is or has been
employed by, is or has been a party to a contract for any purpose
with, or is a student or former student of an applicant eligible
institution may not be involved in the review, evaluation, or
recommendation of a grant proposal made by that institution.
(e) An advisory board member is not required to be a
resident of this state.
(f) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(g) Members of the advisory board serve without
compensation but are entitled to reimbursement for actual and
necessary expenses in attending meetings of the advisory board or
performing other official duties authorized by the board.
SECTION 2. 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, 2021.
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