87R2060 MCF-F
By: Miles S.B. No. 74
A BILL TO BE ENTITLED
AN ACT
relating to the contract terms of certain grants awarded by the
Cancer Prevention and Research Institute of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.255(d), Health and Safety Code, is
amended to read as follows:
(d) Before the oversight committee may award [make] for
cancer research any grant from the [of any] proceeds of the bonds
issued under Subchapter E, the recipient of the grant must certify
that the recipient has an amount of funds equal to one-half of the
grant amount and dedicate those funds to the research that is the
subject of the grant request. The institute shall adopt rules
specifying how a grant recipient fulfills obligations under this
subchapter. At a minimum, the rules must:
(1) allow a grant recipient that is an institution of
higher education [a public] or a private or independent institution
of higher education, as those terms are defined by Section 61.003,
Education Code, or a research institute or center affiliated with
the institution, to credit toward the recipient's matching funds
the dollar amount equivalent to the difference between the indirect
cost rate authorized by the federal government for research grants
awarded to the recipient and the indirect cost rate authorized by
Section 102.203(c);
(2) require that a grant recipient certify before the
distribution of any money awarded under a grant for cancer
research:
(A) that encumbered funds equal to one-half of
the amount of the total grant award are available and not yet
expended for research that is the subject of the grant; or
(B) if the grant recipient is an institution of
higher education [a public] or a private or independent institution
of higher education, as those terms are defined by Section 61.003,
Education Code, or a research institute or center affiliated with
the institution, the indirect cost rate authorized by the federal
research grants awarded to the recipient;
(3) specify that:
(A) a grant recipient receiving more than one
grant award may provide matching funds certification at an
institutional level;
(B) the recipient of a multiyear grant award may
certify matching funds on a yearly basis; and
(C) grant funds may not be distributed to the
grant recipient until the annual certification of the matching
funds has been approved;
(4) specify that money used for purposes of
certification may include:
(A) federal funds, including funds provided
under the American Recovery and Reinvestment Act of 2009 (Pub. L.
No. 111-5) and the fair market value of drug development support
provided to the recipient by the National Cancer Institute or other
similar programs;
(B) funds of this state;
(C) funds of other states; and
(D) nongovernmental funds, including private
funds, foundation grants, gifts, and donations;
(5) specify that the following items do not qualify
for purposes of the certification required by this subsection:
(A) in-kind costs;
(B) volunteer services furnished to a grant
recipient;
(C) noncash contributions;
(D) income earned by the grant recipient that is
not available at the time of the award;
(E) preexisting real estate of the grant
recipient, including buildings, facilities, and land;
(F) deferred giving, including a charitable
remainder annuity trust, a charitable remainder unitrust, or a
pooled income fund; or
(G) other items as may be determined by the
oversight committee;
(6) require a grant recipient and the institute to
include the certification in the grant award contract;
(7) specify that a grant recipient's failure to
provide certification shall serve as grounds for terminating the
grant award contract;
(8) require a grant recipient to maintain adequate
documentation supporting the source and use of the funds required
by this subsection and to provide documentation to the institute
upon request; and
(9) require that the institute establish a procedure
to conduct an annual review of the documentation supporting the
source and use of funds reported in the required certification.
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.