Texas 2021 - 87th Regular

Texas Senate Bill SB74 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2060 MCF-F
2	2	By: Miles S.B. No. 74
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the contract terms of certain grants awarded by the
8	8	Cancer Prevention and Research Institute of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 102.255(d), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(d) Before the oversight committee may award [make] for
13	13	cancer research any grant from the [of any] proceeds of the bonds
14	14	issued under Subchapter E, the recipient of the grant must certify
15	15	that the recipient has an amount of funds equal to one-half of the
16	16	grant amount and dedicate those funds to the research that is the
17	17	subject of the grant request. The institute shall adopt rules
18	18	specifying how a grant recipient fulfills obligations under this
19	19	subchapter. At a minimum, the rules must:
20	20	(1) allow a grant recipient that is an institution of
21	21	higher education [a public] or a private or independent institution
22	22	of higher education, as those terms are defined by Section 61.003,
23	23	Education Code, or a research institute or center affiliated with
24	24	the institution, to credit toward the recipient's matching funds
25	25	the dollar amount equivalent to the difference between the indirect
26	26	cost rate authorized by the federal government for research grants
27	27	awarded to the recipient and the indirect cost rate authorized by
28	28	Section 102.203(c);
29	29	(2) require that a grant recipient certify before the
30	30	distribution of any money awarded under a grant for cancer
31	31	research:
32	32	(A) that encumbered funds equal to one-half of
33	33	the amount of the total grant award are available and not yet
34	34	expended for research that is the subject of the grant; or
35	35	(B) if the grant recipient is an institution of
36	36	higher education [a public] or a private or independent institution
37	37	of higher education, as those terms are defined by Section 61.003,
38	38	Education Code, or a research institute or center affiliated with
39	39	the institution, the indirect cost rate authorized by the federal
40	40	research grants awarded to the recipient;
41	41	(3) specify that:
42	42	(A) a grant recipient receiving more than one
43	43	grant award may provide matching funds certification at an
44	44	institutional level;
45	45	(B) the recipient of a multiyear grant award may
46	46	certify matching funds on a yearly basis; and
47	47	(C) grant funds may not be distributed to the
48	48	grant recipient until the annual certification of the matching
49	49	funds has been approved;
50	50	(4) specify that money used for purposes of
51	51	certification may include:
52	52	(A) federal funds, including funds provided
53	53	under the American Recovery and Reinvestment Act of 2009 (Pub. L.
54	54	No. 111-5) and the fair market value of drug development support
55	55	provided to the recipient by the National Cancer Institute or other
56	56	similar programs;
57	57	(B) funds of this state;
58	58	(C) funds of other states; and
59	59	(D) nongovernmental funds, including private
60	60	funds, foundation grants, gifts, and donations;
61	61	(5) specify that the following items do not qualify
62	62	for purposes of the certification required by this subsection:
63	63	(A) in-kind costs;
64	64	(B) volunteer services furnished to a grant
65	65	recipient;
66	66	(C) noncash contributions;
67	67	(D) income earned by the grant recipient that is
68	68	not available at the time of the award;
69	69	(E) preexisting real estate of the grant
70	70	recipient, including buildings, facilities, and land;
71	71	(F) deferred giving, including a charitable
72	72	remainder annuity trust, a charitable remainder unitrust, or a
73	73	pooled income fund; or
74	74	(G) other items as may be determined by the
75	75	oversight committee;
76	76	(6) require a grant recipient and the institute to
77	77	include the certification in the grant award contract;
78	78	(7) specify that a grant recipient's failure to
79	79	provide certification shall serve as grounds for terminating the
80	80	grant award contract;
81	81	(8) require a grant recipient to maintain adequate
82	82	documentation supporting the source and use of the funds required
83	83	by this subsection and to provide documentation to the institute
84	84	upon request; and
85	85	(9) require that the institute establish a procedure
86	86	to conduct an annual review of the documentation supporting the
87	87	source and use of funds reported in the required certification.
88	88	SECTION 2. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2021.