| 1 | 1 | | 87R8914 EAS-D |
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| 2 | 2 | | By: Oliverson H.B. No. 2252 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibitions on the use of grant money awarded by the |
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| 8 | 8 | | Cancer Prevention and Research Institute of Texas to procure or |
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| 9 | 9 | | obtain organs from a hospital located in China. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 102.251, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Subsection (f) to read as follows: |
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| 13 | 13 | | (f) The institute may not award a grant to an applicant |
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| 14 | 14 | | whose proposed research project requires the applicant to procure |
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| 15 | 15 | | or otherwise obtain from a hospital located in China an organ for |
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| 16 | 16 | | organ transplantation or another purpose. |
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| 17 | 17 | | SECTION 2. Section 102.255(c), Health and Safety Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | (c) The contract must: |
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| 20 | 20 | | (1) include terms relating to intellectual property |
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| 21 | 21 | | rights consistent with the standards developed by the oversight |
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| 22 | 22 | | committee under Section 102.256; |
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| 23 | 23 | | (2) require, in accordance with Subsection (d), the |
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| 24 | 24 | | grant recipient to dedicate an amount of matching funds equal to |
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| 25 | 25 | | one-half of the amount of the research grant awarded; [and] |
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| 26 | 26 | | (3) specify: |
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| 27 | 27 | | (A) the amount of matching funds to be dedicated |
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| 28 | 28 | | under Subdivision (2); |
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| 29 | 29 | | (B) the period in which the grant award must be |
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| 30 | 30 | | spent; |
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| 31 | 31 | | (C) the name of the research project to which |
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| 32 | 32 | | matching funds are to be dedicated; and |
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| 33 | 33 | | (D) the specific deliverables of the project that |
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| 34 | 34 | | is the subject of the grant proposal; and |
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| 35 | 35 | | (4) require a grant recipient to certify in writing as |
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| 36 | 36 | | a term of the contract that the recipient will not use grant money |
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| 37 | 37 | | awarded under this chapter to procure or otherwise obtain from a |
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| 38 | 38 | | hospital located in China an organ for organ transplantation or |
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| 39 | 39 | | another purpose. |
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| 40 | 40 | | SECTION 3. (a) The changes in law made by this Act apply |
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| 41 | 41 | | only to a grant awarded or contract entered into or renewed under |
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| 42 | 42 | | Chapter 102, Health and Safety Code, on or after the effective date |
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| 43 | 43 | | of this Act. |
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| 44 | 44 | | (b) The Cancer Prevention and Research Institute of Texas |
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| 45 | 45 | | shall seek to amend the terms of each contract entered into with a |
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| 46 | 46 | | grant recipient under Chapter 102, Health and Safety Code, before |
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| 47 | 47 | | the effective date of this Act to require the recipient to comply |
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| 48 | 48 | | with Section 102.255(c)(4), Health and Safety Code, as added by |
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| 49 | 49 | | this Act. To the extent of a conflict between that subdivision and |
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| 50 | 50 | | a provision of a contract with a grant recipient entered into before |
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| 51 | 51 | | the effective date of this Act, the contract provision prevails. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2021. |
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