Texas 2025 - 89th Regular

Texas Senate Bill SB5 Compare Versions

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Old	New		Differences
1		-	89R20803 MPF-F
2	1		By: Huffman, et al. S.B. No. 5
3		-	~~(Craddick, Thompson, Hunter, Bonnen, Curry, et al.)~~
4		-	~~Substitute the following for S.B. No. 5: No.~~
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5	4
6	5
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9	8		relating to the creation of the Dementia Prevention and Research
10	9		Institute of Texas.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
13	12		amended by adding Chapter 101A to read as follows:
14	13		CHAPTER 101A. DEMENTIA PREVENTION AND RESEARCH INSTITUTE OF TEXAS
15	14		SUBCHAPTER A. GENERAL PROVISIONS
16	15		Sec. 101A.001. DEFINITIONS. In this chapter:
17	16		(1) "Institute" means the Dementia Prevention and
18	17		Research Institute of Texas.
19	18		(2) "Oversight committee" means the Dementia
20	19		Prevention and Research Institute of Texas Oversight Committee.
21	20		(3) "Peer review committee" means the Dementia
22	21		Prevention and Research Institute of Texas Peer Review Committee.
23	22		(4) “Program integration committee” means the
24	23		Dementia Prevention and Research Institute of Texas Program
25	24		Integration Committee.
26	25		Sec. 101A.002. PURPOSES. The Dementia Prevention and
27	26		Research Institute of Texas is established to:
28	27		(1) create and expedite innovation in research on
29		-	dementia, Alzheimer's disease, Parkinson's disease, and related
30		-	disorders to improve the health of residents of this state, enhance
31		-	the potential for a medical or scientific breakthrough in research
32		-	on dementia, Alzheimer's disease, Parkinson's disease, and related
33		-	disorders, and enhance the research superiority of this state
34		-	regarding dementia, Alzheimer's disease, Parkinson's disease, and
35		-	related disorders; and
	28	+	dementia and related disorders to improve the health of residents
	29	+	of this state, enhance the potential for a medical or scientific
	30	+	breakthrough in research on dementia and related disorders, and
	31	+	enhance the research superiority of this state regarding dementia
	32	+	and related disorders; and
36	33		(2) attract, create, or expand research capabilities
37	34		of eligible institutions of higher education and other public or
38	35		private entities by awarding grants to promote a substantial
39		-	increase in research on dementia, Alzheimer's disease, Parkinson's
40		-	disease, and related disorders, strategies for prevention of
41		-	dementia, Alzheimer's disease, Parkinson's disease, and related
42		-	disorders, and the creation of exceptional jobs in this state.
	36	+	increase in research on dementia and related disorders, strategies
	37	+	for prevention of dementia and related disorders, and the creation
	38	+	of exceptional jobs in this state.
43	39		Sec. 101A.003. SUNSET PROVISION. The Dementia Prevention
44	40		and Research Institute of Texas is subject to Chapter 325,
45	41		Government Code (Texas Sunset Act). Unless continued in existence
46	42		as provided by that chapter, the institute is abolished and this
47	43		chapter expires September 1, 2035.
48	44		Sec. 101A.004. STATE AUDITOR. Nothing in this chapter
49	45		limits the authority of the state auditor under Chapter 321,
50	46		Government Code, or other law.
51	47		SUBCHAPTER B. POWERS AND DUTIES OF INSTITUTE
52	48		Sec. 101A.051. POWERS AND DUTIES. The institute:
53	49		(1) may award grants to institutions of learning,
54	50		advanced medical research facilities, public or private persons,
55	51		and collaboratives in this state to further the purposes of this
56	52		chapter and Section 68, Article III, Texas Constitution, including:
57	53		(A) research, including translational and
58	54		clinical research, into the causes of, means of prevention of, and
59		-	treatment and rehabilitation for dementia, Alzheimer's disease,
60		-	Parkinson's disease, and related disorders;
	55	+	treatment and rehabilitation for dementia and related disorders;
61	56		(B) research, including translational research,
62	57		to develop therapies, protocols, medical pharmaceuticals, or
63	58		procedures for the substantial mitigation of the symptoms of
64		-	dementia, Alzheimer's disease, Parkinson's disease, and related
	59	+	dementia and related disorders;
	60	+	(C) facilities, equipment, and other costs
	61	+	related to research on dementia and related disorders; and
	62	+	(D) prevention programs and strategies to
	63	+	mitigate the detrimental health impacts of dementia and related
65	64		disorders;
66		-	(C) facilities, equipment, and other costs
67		-	related to research on dementia, Alzheimer's disease, Parkinson's
68		-	disease, and related disorders; and
69		-	(D) prevention programs and strategies to
70		-	mitigate the detrimental health impacts of dementia, Alzheimer's
71		-	disease, Parkinson's disease, and related disorders;
72	65		(2) may collaborate with relevant state agencies,
73	66		coordinating councils, and consortiums to enhance health care and
74		-	research for dementia, Alzheimer's disease, Parkinson's disease,
75		-	and related disorders;
	67	+	research for dementia and related disorders;
76	68		(3) shall establish the appropriate standards and
77	69		oversight bodies to ensure money authorized under this chapter is
78	70		properly used for the purposes of this chapter;
79	71		(4) may employ necessary staff to provide to the
80	72		institute administrative support;
81	73		(5) may contract with another state agency to share
82	74		the cost of administrative services, including grant accounting,
83	75		grant monitoring, technical and document management of the grant
84	76		application review process, legal services, and compliance
85	77		services;
86	78		(6) shall monitor grant contracts authorized by this
87	79		chapter and ensure each grant recipient complies with the terms and
88	80		conditions of the contract;
89	81		(7) shall ensure all grant proposals comply with this
90	82		chapter and rules adopted under this chapter before the proposals
91	83		are submitted to the oversight committee for approval; and
92	84		(8) shall establish procedures to document compliance
93	85		by the institute, institute employees, and institute committee
94	86		members with all laws and rules governing the peer review process
95	87		and conflicts of interest.
96	88		Sec. 101A.052. CHIEF EXECUTIVE OFFICER; CHIEF COMPLIANCE
97	89		OFFICER; ADDITIONAL OFFICERS. (a) The oversight committee shall
98	90		hire a chief executive officer. The chief executive officer shall
99	91		perform the duties required by this chapter and the duties
100	92		designated by the oversight committee. The chief executive officer
101	93		must have a demonstrated ability to lead and develop academic,
102	94		commercial, and governmental partnerships and coalitions.
103	95		(b) The institute shall employ a chief compliance officer to
104	96		monitor compliance with this chapter and rules adopted under this
105	97		chapter and to report to the oversight committee incidents of
106	98		noncompliance.
107	99		(c) The chief executive officer may hire any other officer
108	100		position the chief executive officer determines necessary for the
109	101		institute's efficient operation.
110	102		Sec. 101A.053. ANNUAL PUBLIC REPORT; INTERNET POSTING. Not
111	103		later than January 31 of each year, the institute shall prepare and
112	104		submit to the governor, lieutenant governor, speaker of the house
113	105		of representatives, and standing committee of each house of the
114	106		legislature with primary jurisdiction over institute matters and
115	107		post on the institute's Internet website a report on:
116	108		(1) the institute's activities under this chapter;
117	109		(2) a list of recipients of grants awarded during the
118	110		preceding state fiscal year and the grant amount awarded to each
119	111		recipient;
120	112		(3) any research accomplishments a grant recipient or
121	113		the recipient's partners achieved during the preceding state fiscal
122	114		year;
123	115		(4) an overview summary of the institute's most recent
124	116		audited financial statement;
125	117		(5) an assessment of the relationship between the
126	118		institute's grants and research program strategy;
127	119		(6) an estimate of the financial cost to this state of
128		-	dementia, Alzheimer's disease, Parkinson's disease, and related
129		-	disorders during the most recent state fiscal year for which data is
130		-	available;
	120	+	dementia and related disorders during the most recent state fiscal
	121	+	year for which data is available;
131	122		(7) a statement of the institute's compliance program
132	123		activities, including any proposed legislation or other
133	124		recommendations identified through the activities;
134	125		(8) for the preceding state fiscal year:
135	126		(A) a list of any conflict of interest requiring
136	127		recusal under this chapter or rules adopted under this chapter;
137	128		(B) any unreported conflict of interest
138	129		confirmed by an investigation conducted under Section 101A.254,
139	130		including any institute actions regarding an unreported conflict of
140	131		interest and subsequent investigation; and
141	132		(C) any waivers granted through the process
142	133		established under Section 101A.253; and
143	134		(9) the institute's future direction.
144	135		Sec. 101A.054. INDEPENDENT FINANCIAL AUDIT. (a) The
145	136		institute shall annually commission a certified public accounting
146	137		firm to perform an independent financial audit of its activities.
147	138		The institute shall provide the audit to the comptroller.
148	139		(b) The comptroller shall:
149	140		(1) review and evaluate the audit and annually issue a
150	141		public report of that review; and
151	142		(2) make recommendations concerning the institute's
152	143		financial practices and performance.
153	144		(c) The oversight committee shall review the annual
154	145		financial audit, the comptroller's public report and
155	146		recommendations, and the financial practices of the institute.
156	147		Sec. 101A.055. GRANT RECORDS; AUDIT OF ELECTRONIC GRANT
157	148		MANAGEMENT SYSTEM. (a) The institute shall maintain complete
158	149		records of:
159	150		(1) each grant application submitted to the institute,
160	151		including each application funded by the institute or withdrawn
161	152		after submission and the score the peer review committee assigns to
162	153		each reviewed application in accordance with rules adopted under
163	154		Section 101A.302;
164	155		(2) each grant recipient's financial reports,
165	156		including the amount of matching money dedicated to the research
166	157		specified for the grant award;
167	158		(3) each grant recipient's progress reports;
168	159		(4) the identity of each principal investor and owner
169	160		of each grant recipient as provided by institute rules to determine
170	161		any conflict of interest; and
171	162		(5) the institute's review of the grant recipient's
172	163		financial reports and progress reports.
173	164		(b) The institute shall keep each record described by
174	165		Subsection (a) until at least the 15th anniversary of the record's
175	166		date of issuance.
176	167		(c) The institute shall have prepared periodic audits of any
177	168		electronic grant management system used to maintain records of
178	169		grant applications and grant awards. The institute shall timely
179	170		address each weakness identified in an audit of the system.
180	171		Sec. 101A.056. GIFTS AND GRANTS. (a) The institute may
181	172		solicit and accept gifts and grants from any source for the purposes
182	173		of this chapter.
183	174		(b) The institute may not supplement the salary of any
184	175		institute employee or officer with a gift or grant the institute
185	176		receives.
186	177		Sec. 101A.057. PROHIBITED OFFICE LOCATION. An institute
187	178		employee may not have an office located in a facility owned by an
188	179		entity receiving or applying to receive money from the institute.
189	180		Sec. 101A.058. COMPLIANCE PROGRAM; INVESTIGATIONS. (a)
190	181		The institute shall establish a compliance program operating under
191	182		the direction of the institute's chief compliance officer to
192	183		monitor compliance with this chapter and rules adopted under this
193	184		chapter and for use in reporting incidents of noncompliance to the
194	185		oversight committee.
195	186		(b) The chief compliance officer or the officer's designee
196	187		shall attend and observe meetings of the peer review committee and
197	188		the program integration committee to ensure compliance with this
198	189		chapter and rules adopted under this chapter.
199	190		(c) The chief compliance officer shall submit a written
200	191		report to the oversight committee confirming each grant application
201	192		recommendation included on the list the program integration
202	193		committee submits under Section 101A.302(a)(2) complies with the
203	194		oversight committee's rules regarding grant award procedures. The
204	195		report must contain all relevant information on:
205	196		(1) the peer review process for the grant application;
206	197		(2) the score the peer review committee assigns to the
207	198		application;
208	199		(3) adherence to the conflict-of-interest
209	200		notification and recusal process; and
210	201		(4) confirmation that a recommended grant applicant
211	202		did not make any gift or grant prohibited by Section 101A.302(f).
212	203		(d) To ensure each grant recipient complies with reporting
213	204		requirements included in the grant contract and the rules adopted
214	205		under this chapter, the institute shall implement a system to:
215	206		(1) track the dates on which grant recipient reports
216	207		are due and are received by the institute; and
217	208		(2) monitor the status of any required report a grant
218	209		recipient does not timely submit to the institute.
219	210		(e) The chief compliance officer shall:
220	211		(1) monitor compliance with this section and the
221	212		status of any required report a grant recipient does not timely
222	213		submit to the institute; and
223	214		(2) notify the institute's general counsel and the
224	215		oversight committee of a grant recipient who has not complied with
225	216		the grant contract reporting requirements to allow the institute to
226	217		suspend or terminate the contract as the institute determines
227	218		appropriate.
228	219		(f) The chief compliance officer shall establish procedures
229	220		for investigating allegations against oversight committee members,
230	221		institute employees or contractors, grant applicants, or grant
231	222		recipients for fraud, waste, or abuse of state resources. The
232	223		procedures must include:
233	224		(1) private access to the compliance program office,
234	225		such as a telephone hotline; and
235	226		(2) to the extent possible, preservation of the
236	227		confidentiality of communications and the anonymity of a person who
237	228		submits a compliance report related to fraud, waste, or abuse or
238	229		participates in a compliance investigation.
239	230		SUBCHAPTER C. OVERSIGHT COMMITTEE
240	231		Sec. 101A.101. COMPOSITION OF OVERSIGHT COMMITTEE. (a)
241	232		The oversight committee is the institute's governing body.
242	233		(b) The oversight committee is composed of the following
243	234		nine members:
244	235		(1) three members appointed by the governor;
245	236		(2) three members appointed by the lieutenant
246	237		governor; and
247	238		(3) three members appointed by the speaker of the
248	239		house of representatives.
249	240		(c) The oversight committee members must represent this
250	241		state's geographic and cultural diversity.
251	242		(d) In making appointments to the oversight committee, the
252	243		governor, lieutenant governor, and speaker of the house of
253	244		representatives:
254	245		(1) must each appoint at least one person who is a
255	246		physician or a scientist with extensive experience working with
256		-	dementia, Alzheimer's disease, Parkinson's disease, or related
257		-	disorders or in the field of public health; and
	247	+	dementia or related disorders or in the field of public health; and
258	248		(2) should attempt to include persons affected by
259		-	dementia, Alzheimer's disease, Parkinson's disease, or related
260		-	disorders or family members or caregivers of patients with
261		-	dementia, Alzheimer's disease, Parkinson's disease, or related
262		-	disorders.
	249	+	dementia or related disorders or family members or caregivers of
	250	+	patients with dementia or related disorders.
263	251		(e) A person may not be an oversight committee member if:
264	252		(1) the person or the person's spouse is employed by or
265	253		participates in the management of an entity receiving money from
266	254		the institute;
267	255		(2) the person or the person's spouse owns or controls,
268	256		directly or indirectly, an interest in an entity receiving money
269	257		from the institute;
270	258		(3) the person or the person's spouse uses or receives
271	259		a substantial amount of tangible goods, services, or money from the
272	260		institute, other than reimbursement authorized by this chapter for
273	261		oversight committee membership, attendance, or expenses; or
274	262		(4) the person is a member of the Cancer Prevention and
275	263		Research Institute of Texas Oversight Committee established under
276	264		Section 102.101.
277	265		Sec. 101A.102. REMOVAL. (a) It is a ground for removal
278	266		from the oversight committee that a member:
279	267		(1) is ineligible for membership under Section
280	268		101A.101(e);
281	269		(2) cannot, because of illness or disability,
282	270		discharge the member's duties for a substantial part of the member's
283	271		term; or
284	272		(3) is absent from more than half of the regularly
285	273		scheduled oversight committee meetings the member is eligible to
286	274		attend during a calendar year without an excuse approved by a
287	275		majority vote of the committee.
288	276		(b) The validity of an oversight committee action is not
289	277		affected by the fact that the action is taken when a ground for
290	278		removal of a committee member exists.
291	279		(c) If the chief executive officer has knowledge that a
292	280		potential ground for removal of a committee member exists, the
293	281		chief executive officer shall notify the presiding officer of the
294	282		oversight committee of the potential ground. The presiding officer
295	283		shall then notify the appointing authority and the attorney general
296	284		that a potential ground for removal exists. If the potential ground
297	285		for removal involves the presiding officer, the chief executive
298	286		officer shall notify the next highest ranking officer of the
299	287		oversight committee, who shall then notify the appointing authority
300	288		and the attorney general that a potential ground for removal
301	289		exists.
302	290		Sec. 101A.103. TERMS; VACANCY. (a) Oversight committee
303	291		members appointed by the governor, lieutenant governor, and speaker
304	292		of the house serve at the pleasure of the appointing authority for
305	293		staggered six-year terms, with the terms of three members expiring
306	294		on January 31 of each odd-numbered year.
307	295		(b) If a vacancy occurs on the oversight committee, the
308	296		appropriate appointing authority shall appoint a successor in the
309	297		same manner as the original appointment to serve for the remainder
310	298		of the unexpired term. The appropriate appointing authority shall
311	299		appoint the successor not later than the 30th day after the date the
312	300		vacancy occurs.
313	301		Sec. 101A.104. OFFICERS. (a) The oversight committee
314	302		shall elect a presiding officer and assistant presiding officer
315	303		from among its members every two years. The oversight committee may
316	304		elect additional officers from among its members.
317	305		(b) The presiding officer and assistant presiding officer
318	306		may not serve in the position to which the officer was elected for
319	307		consecutive terms.
320	308		(c) The oversight committee shall:
321	309		(1) establish and approve duties and responsibilities
322	310		for committee officers; and
323	311		(2) develop and implement policies that distinguish
324	312		the responsibilities of the oversight committee and the committee's
325	313		officers from the responsibilities of the chief executive officer
326	314		and institute employees.
327	315		Sec. 101A.105. EXPENSES. An oversight committee member is
328	316		not entitled to compensation but is entitled to reimbursement for
329	317		actual and necessary expenses incurred in attending committee
330	318		meetings or performing other official duties authorized by the
331	319		presiding officer.
332	320		Sec. 101A.106. MEETINGS. (a) The oversight committee
333	321		shall hold at least one public meeting each quarter of the calendar
334	322		year, with appropriate notice and a formal public comment period.
335	323		(b) The oversight committee may conduct a closed meeting in
336	324		accordance with Subchapter E, Chapter 551, Government Code, to
337	325		discuss issues related to:
338	326		(1) managing, acquiring, or selling securities or
339	327		other revenue-sharing obligations realized under the standards
340	328		established as required by Section 101A.305; and
341	329		(2) an ongoing compliance investigation into issues
342	330		related to fraud, waste, or abuse of state resources.
343	331		Sec. 101A.107. POWERS AND DUTIES. (a) The oversight
344	332		committee shall:
345	333		(1) hire a chief executive officer;
346	334		(2) annually set priorities for each grant program
347	335		established under this chapter; and
348	336		(3) consider the priorities set under Subdivision (2)
349	337		in awarding grants under this chapter.
350	338		(b) The oversight committee shall adopt a code of conduct
351	339		applicable to each oversight committee member, program integration
352	340		committee member, peer review committee member, and institute
353	341		employee that includes provisions prohibiting the member,
354	342		employee, or member's or employee's spouse from:
355	343		(1) accepting or soliciting any gift, favor, or
356	344		service that could reasonably influence the member or employee in
357	345		the discharge of official duties or that the member, employee, or
358	346		spouse knows or should know is being offered with the intent to
359	347		influence the member's or employee's official conduct;
360	348		(2) accepting employment or engaging in any business
361	349		or professional activity that would reasonably require or induce
362	350		the member or employee to disclose confidential information
363	351		acquired in the member's or employee's official position;
364	352		(3) accepting other employment or compensation that
365	353		could reasonably impair the member's or employee's independent
366	354		judgment in the performance of official duties;
367	355		(4) holding a personal investment or financial
368	356		interest that could reasonably create a substantial conflict
369	357		between the private interests and official duties of the member or
370	358		employee;
371	359		(5) intentionally or knowingly soliciting, accepting,
372	360		or agreeing to accept any benefit for exercising the member's
373	361		official powers or performing the member's or employee's official
374	362		duties in favor of another;
375	363		(6) directly or indirectly leasing to an entity that
376	364		receives a grant from the institute any property, capital
377	365		equipment, employee, or service;
378	366		(7) submitting a grant application for funding by the
379	367		institute;
380	368		(8) serving on the board of directors of an
381	369		organization established with a grant from the institute; or
382	370		(9) serving on the board of directors of a grant
383	371		recipient.
384	372		Sec. 101A.108. RULEMAKING AUTHORITY. The oversight
385	373		committee may adopt rules to administer this chapter.
386	374		Sec. 101A.109. FINANCIAL STATEMENT REQUIRED. Each
387	375		oversight committee member shall file with the chief compliance
388	376		officer a verified financial statement complying with Sections
389	377		572.022, 572.023, 572.024, 572.025, 572.0251, and 572.0252,
390	378		Government Code, as required of a state officer by Section 572.021
391	379		of that code.
392	380		SUBCHAPTER D. OTHER INSTITUTE COMMITTEES
393	381		Sec. 101A.151. PEER REVIEW COMMITTEE. (a) The oversight
394	382		committee shall establish a peer review committee. The chief
395	383		executive officer, with approval by a simple majority of the
396	384		oversight committee members, shall appoint as members to the peer
397	385		review committee:
398		-	(1) experts in fields related to dementia, Alzheimer's
399		-	disease, Parkinson's disease, or related disorders, including
400		-	research, health care, dementia, Alzheimer's disease, and
401		-	Parkinson's disease treatment and prevention, and other study
402		-	areas; and
	386	+	(1) experts in fields related to dementia or related
	387	+	disorders, including research, health care, dementia treatment and
	388	+	prevention, and other study areas; and
403	389		(2) trained patient advocates who meet the
404	390		qualifications adopted under Subsection (c).
405	391		(b) The oversight committee shall adopt a written policy on
406	392		in-state or out-of-state residency requirements for peer review
407	393		committee members.
408	394		(c) The oversight committee shall adopt rules regarding the
409	395		qualifications required of a trained patient advocate for
410	396		membership on the peer review committee. The rules must require the
411	397		trained patient advocate to successfully complete science-based
412	398		training.
413	399		(d) A peer review committee member may receive an
414	400		honorarium. Subchapter B, Chapter 2254, Government Code, does not
415	401		apply to an honorarium the member receives under this chapter.
416	402		(e) The chief executive officer, in consultation with the
417	403		oversight committee, shall adopt a policy regarding honoraria and
418	404		document any change in the amount of honoraria paid to a peer review
419	405		committee member, including information explaining the basis for
420	406		that change.
421	407		(f) A peer review committee member may not serve on the
422	408		board of directors or other governing board of an entity receiving a
423	409		grant from the institute.
424	410		(g) Peer review committee members serve for terms as
425	411		determined by the chief executive officer.
426	412		Sec. 101A.152. PROGRAM INTEGRATION COMMITTEE. (a) The
427	413		institute shall establish a program integration committee to carry
428	414		out the duties assigned under this chapter.
429	415		(b) The program integration committee is composed of:
430	416		(1) the chief executive officer, who serves as the
431	417		presiding officer of the program integration committee;
432	418		(2) three senior-level institute employees
433	419		responsible for program policy and oversight, appointed by the
434	420		chief executive officer with the approval of a majority of the
435	421		oversight committee members; and
436	422		(3) the executive commissioner or the executive
437	423		commissioner's designee.
438	424		Sec. 101A.153. HIGHER EDUCATION ADVISORY COMMITTEE.
439	425		(a) The higher education advisory committee is composed of the
440	426		following members:
441	427		(1) one member appointed by the chancellor of The
442	428		University of Texas System;
443	429		(2) one member appointed by the chancellor of The
444	430		Texas A&M University System;
445	431		(3) one member appointed by the chancellor of the
446	432		Texas Tech University System;
447	433		(4) one member appointed by the chancellor of the
448	434		University of Houston System;
449	435		(5) one member appointed by the chancellor of the
450	436		Texas State University System;
451	437		(6) one member appointed by the chancellor of the
452	438		University of North Texas System;
453	439		(7) one member appointed by the president of Baylor
454	440		College of Medicine; and
455	441		(8) one member appointed by the president of Rice
456	442		University.
457	443		(b) The higher education advisory committee shall advise
458	444		the oversight committee on issues, opportunities, the role of
459		-	higher education, and other subjects involving research on
460		-	dementia, Alzheimer's disease, Parkinson's disease, and related
461		-	disorders.
	445	+	higher education, and other subjects involving research on dementia
	446	+	and related disorders.
462	447		Sec. 101A.154. AD HOC ADVISORY COMMITTEE. (a) The
463	448		oversight committee, as necessary, may create additional ad hoc
464	449		advisory committees composed of experts to advise the oversight
465	450		committee on issues relating to prevention of or research on
466		-	dementia, Alzheimer's disease, Parkinson's disease, and related
467		-	disorders or other issues related to dementia, Alzheimer's disease,
468		-	Parkinson's disease, or related disorders.
	451	+	dementia and related disorders or other issues related to dementia
	452	+	or related disorders.
469	453		(b) Ad hoc committee members serve for the terms the
470	454		oversight committee determines.
471	455		Sec. 101A.155. EXPENSES. Members of the higher education
472	456		advisory committee created under Section 101A.153 or an ad hoc
473	457		advisory committee created under Section 101A.154 serve without
474	458		compensation but are entitled to reimbursement for actual and
475	459		necessary expenses incurred in attending committee meetings or
476	460		performing other official duties authorized by the presiding
477	461		officer.
478	462		SUBCHAPTER E. DEMENTIA PREVENTION AND RESEARCH FUND
479	463		Sec. 101A.201. DEMENTIA PREVENTION AND RESEARCH FUND.
480	464		(a) In this subchapter, "fund" means the Dementia Prevention and
481	465		Research Fund established under Section 68, Article III, Texas
482	466		Constitution. The fund is a special fund in the treasury outside
483	467		the general revenue fund to be administered by the institute.
484	468		(b) The fund consists of:
485	469		(1) money transferred to the fund under Section 68,
486	470		Article III, Texas Constitution;
487	471		(2) money the legislature appropriates, credits, or
488	472		transfers to the fund; and
489	473		(3) gifts and grants, including grants from the
490	474		federal government, and other donations received for the fund.
491	475		(c) The fund may only be used for the purposes authorized
492	476		under Section 68, Article III, Texas Constitution, including:
493	477		(1) the award of grants for research on or prevention
494		-	of dementia, Alzheimer's disease, Parkinson's disease, and related
495		-	disorders and research facilities in this state to conduct that
496		-	research;
	478	+	of dementia and related disorders and research facilities in this
	479	+	state to conduct that research;
497	480		(2) the purchase of, subject to the institute's
498	481		approval, research facilities by or for a state agency or grant
499	482		recipient; and
500	483		(3) the operation of the institute.
501	484		Sec. 101A.202. AUTHORIZED USE OF GRANT MONEY; LIMITATIONS.
502	485		(a) A grant recipient awarded money from the fund may use the money
503	486		for research consistent with the purposes of this chapter and in
504	487		accordance with a contract between the grant recipient and the
505	488		institute.
506	489		(b) Except as otherwise provided by this section, grant
507	490		money awarded under this chapter may be used for authorized
508	491		expenses, including:
509	492		(1) honoraria;
510	493		(2) travel;
511	494		(3) conference fees and expenses;
512	495		(4) consumable supplies;
513	496		(5) operating expenses;
514	497		(6) contracted research and development;
515	498		(7) capital equipment; and
516	499		(8) construction or renovation of state or private
517	500		facilities.
518	501		(c) A grant recipient awarded money under this chapter for
519		-	research on dementia, Alzheimer's disease, Parkinson's disease, or
520		-	related disorders may not spend more than five percent of the money
521		-	for indirect costs. In this subsection, "indirect costs" means
522		-	business expenses not readily identified with a particular grant,
523		-	contract, project, function, or activity that are necessary for the
524		-	general operation of the organization or the performance of the
525		-	organization's activities.
	502	+	research on dementia or related disorders may not spend more than
	503	+	five percent of the money for indirect costs. In this subsection,
	504	+	"indirect costs" means business expenses not readily identified
	505	+	with a particular grant, contract, project, function, or activity
	506	+	that are necessary for the general operation of the organization or
	507	+	the performance of the organization's activities.
526	508		(d) Not more than five percent of the total amount of grant
527	509		money awarded under this chapter in a state fiscal year may be used
528	510		during that year for facility purchase, construction, remodel, or
529	511		renovation purposes, and those expenditures must benefit research
530		-	on dementia, Alzheimer's disease, Parkinson's disease, or related
531		-	disorders.
	512	+	on dementia or related disorders.
532	513		(e) Not more than 10 percent of the total amount of grant
533	514		money awarded under this chapter in a state fiscal year may be used
534	515		during that year for prevention projects and strategies to mitigate
535		-	the incidence of dementia, Alzheimer's disease, Parkinson's
536		-	disease, or related disorders.
	516	+	the incidence of dementia or related disorders.
537	517		SUBCHAPTER F. CONFLICTS OF INTEREST: DISCLOSURE; RECUSAL
538	518		Sec. 101A.251. CONFLICT OF INTEREST. (a) The oversight
539	519		committee shall adopt conflict-of-interest rules, based on
540	520		standards applicable to members of scientific review committees of
541	521		the National Institutes of Health, to govern oversight committee
542	522		members, program integration committee members, peer review
543	523		committee members, and institute employees.
544	524		(b) An oversight committee member, program integration
545	525		committee member, peer review committee member, or institute
546	526		employee shall recuse the member or employee, as provided by
547	527		Section 101A.252(a), (b), or (c), as applicable, if the member or
548	528		employee, or a person who is related to the member or employee
549	529		within the second degree of affinity or consanguinity, has a
550	530		professional or financial interest in an entity awarded a grant or
551	531		applying for a grant from the institute.
552	532		(c) For purposes of Subsection (b), a person has a
553	533		professional interest in an entity awarded a grant or applying for a
554	534		grant from the institute if the person:
555	535		(1) is a member of the board of directors, another
556	536		governing board, or any committee of the entity, or of a foundation
557	537		or similar organization affiliated with the entity, during the same
558	538		grant cycle;
559	539		(2) serves as an elected or appointed officer of the
560	540		entity;
561	541		(3) is an employee of or is negotiating future
562	542		employment with the entity;
563	543		(4) represents the entity;
564	544		(5) is a professional associate of a primary member of
565	545		the entity's project team;
566	546		(6) is, or within the preceding six years has been, a
567	547		student, postdoctoral associate, or part of a laboratory research
568	548		group for a primary member of the entity's project team;
569	549		(7) is engaged or is actively planning to be engaged in
570	550		collaboration with a primary member of the entity's project team;
571	551		or
572	552		(8) has long-standing scientific differences or
573	553		disagreements with a primary member of the entity's project team,
574	554		and those differences or disagreements:
575	555		(A) are known to the professional community; and
576	556		(B) could be perceived as affecting objectivity.
577	557		(d) For purposes of Subsection (b), a person has a financial
578	558		interest in an entity awarded a grant or applying for a grant from
579	559		the institute if the person:
580	560		(1) directly or indirectly owns or controls an
581	561		ownership interest, including sharing in profits, proceeds, or
582	562		capital gains, in an entity awarded a grant or applying for a grant
583	563		from the institute; or
584	564		(2) could reasonably foresee that an action taken by
585	565		the oversight committee, the program integration committee, a peer
586	566		review committee, or the institute could result in a financial
587	567		benefit to the person.
588	568		(e) Nothing in this chapter limits the oversight
589	569		committee's authority to adopt additional conflict-of-interest
590	570		standards.
591	571		Sec. 101A.252. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL.
592	572		(a) If an oversight committee member or program integration
593	573		committee member has a conflict of interest described by Section
594	574		101A.251 regarding an application before the member for review or
595	575		other action, the member:
596	576		(1) shall provide written notice to the chief
597	577		executive officer and the presiding officer of the oversight
598	578		committee or the next ranking member of the committee if the
599	579		presiding officer has the conflict of interest;
600	580		(2) shall disclose the conflict of interest in an open
601	581		meeting of the oversight committee;
602	582		(3) shall recuse themselves from participating in the
603	583		review, discussion, deliberation, and vote on the application; and
604	584		(4) may not access information regarding the matter to
605	585		be decided.
606	586		(b) If a peer review committee member has a conflict of
607	587		interest described by Section 101A.251 regarding an application
608	588		before the member's committee for review or other action, the
609	589		member:
610	590		(1) shall provide written notice to the chief
611	591		executive officer of the conflict of interest;
612	592		(2) shall recuse themselves from participating in the
613	593		review, discussion, deliberation, and vote on the application; and
614	594		(3) may not access information regarding the matter to
615	595		be decided.
616	596		(c) If an institute employee has a conflict of interest
617	597		described by Section 101A.251 regarding an application before the
618	598		employee for review or other action, the employee:
619	599		(1) shall provide written notice to the chief
620	600		executive officer of the conflict of interest;
621	601		(2) shall recuse themselves from participating in the
622	602		review of the application; and
623	603		(3) may not access information regarding the matter to
624	604		be decided.
625	605		(d) An oversight committee member, program integration
626	606		committee member, peer review committee member, or institute
627	607		employee with a conflict of interest may seek a waiver as provided
628	608		by Section 101A.253.
629	609		(e) An oversight committee member, program integration
630	610		committee member, peer review committee member, or institute
631	611		employee who reports a potential conflict of interest or another
632	612		impropriety or self-dealing of the member or employee and who fully
633	613		complies with the recommendations of the institute's general
634	614		counsel and recusal requirements is considered in compliance with
635	615		the conflict-of-interest provisions of this chapter. The member or
636	616		employee is subject to other applicable laws, rules, requirements,
637	617		and prohibitions.
638	618		(f) An oversight committee member, program integration
639	619		committee member, peer review committee member, or institute
640	620		employee who intentionally violates this section is subject to
641	621		removal from further participation in the institute's grant review
642	622		process.
643	623		Sec. 101A.253. EXCEPTIONAL CIRCUMSTANCES REQUIRING
644	624		PARTICIPATION. The oversight committee shall adopt rules governing
645	625		the waiver of the conflict-of-interest requirements of this chapter
646	626		under exceptional circumstances for an oversight committee member,
647	627		program integration committee member, peer review committee
648	628		member, or institute employee. The rules must:
649	629		(1) authorize the chief executive officer or an
650	630		oversight committee member to propose granting a waiver by
651	631		submitting to the oversight committee's presiding officer a written
652	632		statement about the conflict of interest, the exceptional
653	633		circumstance requiring the waiver, and any proposed limitations to
654	634		the waiver;
655	635		(2) require a proposed waiver to be publicly reported
656	636		at an oversight committee meeting;
657	637		(3) require a majority vote of the oversight committee
658	638		members present and voting to grant a waiver;
659	639		(4) require any waiver granted to be included in the
660	640		annual report required by Section 101A.053; and
661	641		(5) require the institute to retain documentation of
662	642		each waiver granted.
663	643		Sec. 101A.254. INVESTIGATION OF UNREPORTED CONFLICTS OF
664	644		INTEREST. (a) An oversight committee member, program integration
665	645		committee member, peer review committee member, or institute
666	646		employee who becomes aware of an unreported potential conflict of
667	647		interest described by Section 101A.251 shall immediately notify the
668	648		chief executive officer of the potential conflict of interest. On
669	649		receipt of the notification, the chief executive officer shall
670	650		notify the institute's general counsel and the oversight
671	651		committee's presiding officer, who shall determine the nature and
672	652		extent of any unreported conflict.
673	653		(b) A grant applicant seeking an investigation regarding
674	654		whether a prohibited conflict of interest was not reported shall
675	655		file a written request with the chief executive officer. The
676	656		applicant must:
677	657		(1) include in the request all facts regarding the
678	658		alleged conflict of interest; and
679	659		(2) submit the request not later than the 30th day
680	660		after the date the chief executive officer presents to the
681	661		oversight committee final funding recommendations for the affected
682	662		grant cycle.
683	663		(c) On receipt of notification of an alleged conflict of
684	664		interest under Subsection (a) or (b), the institute's general
685	665		counsel shall:
686	666		(1) investigate the matter; and
687	667		(2) provide to the chief executive officer and the
688	668		oversight committee's presiding officer an opinion that includes:
689	669		(A) a statement of facts;
690	670		(B) a determination of whether a conflict of
691	671		interest or another impropriety or self-dealing exists; and
692	672		(C) if the opinion provides that a conflict of
693	673		interest or another impropriety or self-dealing exists,
694	674		recommendations for an appropriate course of action.
695	675		(d) If the conflict of interest, impropriety, or
696	676		self-dealing involves the oversight committee's presiding officer,
697	677		the institute's general counsel shall provide the opinion to the
698	678		next ranking oversight committee member who is not involved with
699	679		the conflict of interest, impropriety, or self-dealing.
700	680		(e) After receiving the opinion and consulting with the
701	681		oversight committee's presiding officer, the chief executive
702	682		officer shall take action regarding the recusal of the individual
703	683		from any discussion of or access to information related to the
704	684		conflict of interest or other recommended action related to the
705	685		impropriety or self-dealing. If the alleged conflict of interest,
706	686		impropriety, or self-dealing is held by, or is an act of, the chief
707	687		executive officer, the presiding officer of the oversight committee
708	688		shall take actions regarding the recusal or other action.
709	689		Sec. 101A.255. FINAL DETERMINATION OF UNREPORTED CONFLICT
710	690		OF INTEREST. (a) The chief executive officer or, if applicable,
711	691		the oversight committee's presiding officer shall make a
712	692		determination regarding the existence of an unreported conflict of
713	693		interest described by Section 101A.251 or other impropriety or
714	694		self-dealing. The determination must specify any actions to be
715	695		taken to address the conflict of interest, impropriety, or
716	696		self-dealing, including:
717	697		(1) reconsideration of the application; or
718	698		(2) referral of the application to another peer review
719	699		committee for review.
720	700		(b) The determination made under Subsection (a) is
721	701		considered final unless three or more oversight committee members
722	702		request that the issue be added to the agenda of the oversight
723	703		committee.
724	704		(c) The chief executive officer or, if applicable, the
725	705		oversight committee's presiding officer, shall provide to the grant
726	706		applicant requesting the investigation written notice of the final
727	707		determination, including any further actions to be taken.
728	708		(d) Unless specifically determined by the chief executive
729	709		officer or, if applicable, the presiding officer of the oversight
730	710		committee, or the oversight committee, the validity of an action
731	711		taken on a grant application is not affected by the fact that an
732	712		individual who failed to report a conflict of interest participated
733	713		in the action.
734	714		SUBCHAPTER G. PROCEDURE FOR AWARDING GRANTS
735	715		Sec. 101A.301. PEER REVIEW PROCESS FOR GRANT AWARD. The
736	716		institute shall establish a peer review process to evaluate and
737	717		recommend all grants the oversight committee awards under this
738	718		chapter.
739	719		Sec. 101A.302. GRANT AWARD RULES AND PROCEDURES. (a) The
740	720		oversight committee shall adopt rules regarding the procedure for
741	721		awarding grants to an applicant under this chapter. The rules must
742	722		require:
743	723		(1) the peer review committee to score grant
744	724		applications and make recommendations to the program integration
745	725		committee and the oversight committee regarding the award of
746	726		grants, including providing a prioritized list that:
747	727		(A) ranks the grant applications in the order the
748	728		peer review committee determines applications should be funded; and
749	729		(B) includes information explaining each grant
750	730		applicant's qualification under the peer review committee's
751	731		standards for recommendation; and
752	732		(2) the program integration committee to submit to the
753	733		oversight committee a list of grant applications the program
754	734		integration committee by majority vote approved for recommendation
755	735		that:
756	736		(A) includes documentation on the factors the
757	737		program integration committee considered in making the
758	738		recommendations;
759	739		(B) is substantially based on the list submitted
760	740		by the peer review committee under Subdivision (1); and
761	741		(C) to the extent possible, gives priority to
762	742		applications with proposals that:
763	743		(i) may lead to immediate or long-term
764	744		medical and scientific breakthroughs in the areas of prevention or
765		-	treatment for dementia, Alzheimer's disease, Parkinson's disease,
766		-	and related disorders;
	745	+	treatment for dementia and related disorders;
767	746		(ii) strengthen and enhance fundamental
768		-	scientific research on dementia, Alzheimer's disease, Parkinson's
769		-	disease, and related disorders;
	747	+	scientific research on dementia and related disorders;
770	748		(iii) ensure a comprehensive coordinated
771		-	approach to research on dementia, Alzheimer's disease, Parkinson's
772		-	disease, and related disorders;
	749	+	approach to research on dementia and related disorders;
773	750		(iv) are interdisciplinary or
774	751		interinstitutional;
775	752		(v) align with state priorities and needs,
776	753		including priorities and needs outlined in other state agency
777	754		strategic plans, or that address federal or other major research
778	755		sponsors' priorities in scientific or technological research in the
779		-	fields of dementia, Alzheimer's disease, Parkinson's disease, and
780		-	related disorders;
	756	+	fields of dementia and related disorders;
781	757		(vi) are matched with money provided by a
782	758		private or nonprofit entity or institution of higher education;
783	759		(vii) are collaborative between any
784	760		combination of private and nonprofit entities, public or private
785	761		agencies or institutions in this state, and public or private
786	762		institutions outside this state;
787	763		(viii) benefit the residents of this state,
788	764		including a demonstrable economic development benefit to this
789	765		state;
790	766		(ix) enhance research superiority at
791	767		institutions of higher education in this state by creating new
792	768		research superiority, attracting existing research superiority
793	769		from institutions outside this state and other research entities,
794	770		or attracting from outside this state additional researchers and
795	771		resources; and
796	772		(x) expedite innovation and product
797	773		development, attract private sector entities to stimulate a
798	774		substantial increase in high-quality jobs, and increase higher
799	775		education applied science or technology research capabilities.
800	776		(b) A peer review committee member may not attempt to use
801	777		the committee member's official position to influence a decision to
802	778		approve or award a grant or contract to the committee member's
803	779		employer.
804	780		(c) A program integration committee member may not discuss a
805	781		grant applicant recommendation with an oversight committee member
806	782		unless the program integration committee has submitted the list
807	783		required under Subsection (a)(2).
808	784		(d) Two-thirds of the oversight committee members present
809	785		and voting must vote to approve each grant award recommendation of
810	786		the program integration committee. If the oversight committee does
811	787		not approve a grant award recommendation of the program integration
812	788		committee, a statement explaining the reasons the recommendation
813	789		was not followed must be included in the minutes of the meeting.
814	790		(e) The oversight committee may not award more than $300
815	791		million in grants under this chapter in a state fiscal year.
816	792		(f) The oversight committee may not award a grant to an
817	793		applicant who has made a gift or grant to the institute, an
818	794		oversight committee member, or an institute employee on or after
819	795		January 1, 2026. This section does not apply to gifts, fees,
820	796		honoraria, or other items also excepted under Section 36.10, Penal
821	797		Code.
822	798		Sec. 101A.303. MULTIYEAR PROJECTS. (a) The oversight
823	799		committee may approve the award of grant money for a multiyear
824	800		project.
825	801		(b) The oversight committee shall specify the total amount
826	802		of money approved to fund the multiyear project. For purposes of
827	803		this chapter, the total amount is considered to have been awarded in
828	804		the state fiscal year the peer review committee approved the
829	805		project. The institute shall disburse only the money to be spent
830	806		during that fiscal year. The institute shall disburse the
831	807		remaining grant money as the money is needed in each subsequent
832	808		state fiscal year.
833	809		Sec. 101A.304. CONTRACT TERMS. (a) Before disbursing
834	810		grant money awarded under this chapter, the institute shall execute
835	811		a written contract with the grant recipient. The contract shall:
836	812		(1) specify that except for awards to state agencies
837	813		or public institutions of higher education, if all or any part of
838	814		the grant amount is used to build a capital improvement:
839	815		(A) the state retains a lien or other interest in
840	816		the capital improvement in proportion to the percentage of the
841	817		grant amount used to pay for the capital improvement; and
842	818		(B) the grant recipient shall, if the capital
843	819		improvement is sold:
844	820		(i) repay to this state the grant money used
845	821		to pay for the capital improvement, with interest at the rate and
846	822		according to the other terms provided by the contract; and
847	823		(ii) share with this state a proportionate
848	824		amount of any profit realized from the sale;
849	825		(2) specify that if the grant recipient has not used
850	826		awarded grant money for the purposes for which the grant was
851	827		intended, the recipient shall repay that grant amount and any
852	828		related interest applicable under the contract to this state at the
853	829		agreed rate and on the agreed terms;
854	830		(3) specify that if the grant recipient fails to meet
855	831		the terms and conditions of the contract, the institute may
856	832		terminate the contract using the written process prescribed in the
857	833		contract and require the recipient to repay the awarded grant money
858	834		and any related interest applicable under the contract to this
859	835		state at the agreed rate and on the agreed terms;
860	836		(4) include terms relating to intellectual property
861	837		rights consistent with the standards developed by the oversight
862	838		committee under Section 101A.305;
863	839		(5) require, in accordance with Subsection (b), the
864	840		grant recipient to dedicate an amount of matching money equal to
865	841		one-half of the amount of the grant awarded and specify the amount
866	842		of matching money to be dedicated;
867	843		(6) specify the period in which the grant award must be
868	844		spent; and
869	845		(7) include the specific deliverables of the project
870	846		that is the subject of the grant proposal.
871	847		(b) Before the institute may disburse grant money, the grant
872	848		recipient must certify the recipient has available an unexpended
873	849		amount of money equal to one-half of the grant amount dedicated to
874	850		the research specified in the grant proposal. The institute shall
875	851		adopt rules specifying a grant recipient's obligations under this
876	852		chapter. At a minimum, the rules must:
877	853		(1) allow an institution of higher education or a
878	854		private or independent institution of higher education, as those
879	855		terms are defined by Section 61.003, Education Code, a research
880	856		institute or center affiliated with the institution, or a
881	857		not-for-profit hospital system, to credit toward the recipient's
882	858		matching money the dollar amount equivalent to the difference
883	859		between the indirect cost rate negotiated by the federal government
884	860		for research grants awarded to the recipient and the indirect cost
885	861		rate authorized by Section 101A.202(c);
886	862		(2) specify that:
887	863		(A) the recipient of more than one grant award
888	864		under this chapter may provide matching money certification at an
889	865		institutional level;
890	866		(B) the recipient of a multiyear grant award may
891	867		yearly certify matching money; and
892	868		(C) grant money may not be disbursed to the
893	869		recipient until the annual certification of the matching money has
894	870		been approved;
895	871		(3) specify that money for certification purposes may
896	872		include:
897	873		(A) federal money;
898	874		(B) the fair market value of drug development
899	875		support provided to the recipient by the National Institutes of
900	876		Health or other similar programs;
901	877		(C) this state's money;
902	878		(D) other states' money; and
903	879		(E) nongovernmental money, including money from
904	880		private sources, foundation grants, gifts, and donations;
905	881		(4) specify that the following items may not be used
906	882		for certification purposes:
907	883		(A) in-kind costs;
908	884		(B) volunteer services provided to the
909	885		recipient;
910	886		(C) noncash contributions;
911	887		(D) the recipient's preexisting real estate,
912	888		including buildings, facilities, and land;
913	889		(E) deferred giving, including a charitable
914	890		remainder annuity trust, charitable remainder unitrust, or pooled
915	891		income fund; or
916	892		(F) any other items the institute determines;
917	893		(5) require the recipient's certification to be
918	894		included in the grant award contract;
919	895		(6) specify that the recipient's failure to provide
920	896		certification serves as grounds for terminating the grant award
921	897		contract;
922	898		(7) require the recipient to maintain adequate
923	899		documentation supporting the source and use of the money required
924	900		by this subsection and to provide documentation to the institute on
925	901		request; and
926	902		(8) require the institute to establish a procedure to
927	903		annually review the documentation supporting the source and use of
928	904		money reported in the required certification.
929	905		(c) The institute shall establish a policy on advance
930	906		payments to grant recipients.
931	907		(d) The oversight committee shall adopt rules to administer
932	908		this section.
933	909		Sec. 101A.305. PATENT ROYALTIES AND LICENSE REVENUES PAID
934	910		TO STATE. (a) The oversight committee shall establish standards
935	911		requiring all grant awards to be subject to an intellectual
936	912		property agreement that allows this state to collect royalties,
937	913		income, and other benefits, including interest or proceeds
938	914		resulting from securities and equity ownership, realized as a
939	915		result of projects undertaken with grant money awarded under this
940	916		chapter.
941	917		(b) In determining this state's interest in any
942	918		intellectual property rights, the oversight committee shall
943	919		balance the opportunity of this state to benefit from the patents,
944	920		royalties, licenses, and other benefits that result from basic
945	921		research, therapy development, and clinical trials with the need to
946	922		ensure that essential medical research is not unreasonably hindered
947	923		by the intellectual property agreement and that the agreement does
948	924		not unreasonably remove the incentive of the individual researcher,
949	925		research team, or institution.
950	926		(c) The oversight committee may authorize the institute to
951	927		execute a contract with one or more qualified third parties for
952	928		assistance with the management, accounting, and disposition of this
953	929		state's interest in securities, equities, royalties, income, and
954	930		other benefits realized from grant money awarded under this
955	931		chapter. The institute shall implement practices and procedures
956	932		for the management, accounting, and disposition of securities,
957	933		equities, royalties, income, and other benefits the institute
958	934		determines are in this state's best interest.
959	935		Sec. 101A.306. PREFERENCE FOR TEXAS SUPPLIERS. In a good
960	936		faith effort to achieve a goal of more than 50 percent of purchases
961	937		from suppliers in this state, the oversight committee shall
962	938		establish standards to ensure grant recipients purchase goods and
963	939		services from suppliers in this state to the extent reasonably
964	940		possible.
965	941		Sec. 101A.307. HISTORICALLY UNDERUTILIZED BUSINESSES. The
966	942		oversight committee shall establish standards to ensure grant
967	943		recipients purchase goods and services from historically
968	944		underutilized businesses as defined by Section 2161.001,
969	945		Government Code, and any other applicable state law.
970	946		Sec. 101A.308. GRANT COMPLIANCE AND PROGRESS EVALUATION.
971	947		(a) The institute shall require as a condition of a grant awarded
972	948		under this chapter that the grant recipient submit to regular
973	949		inspection reviews of the grant project by institute employees to
974	950		ensure compliance with the terms of the grant contract and ongoing
975	951		progress, including the scientific merit of the research.
976	952		(b) The chief executive officer shall report at least
977	953		annually to the oversight committee on the progress and continued
978	954		merit of the projects awarded grants by the institute.
979	955		Sec. 101A.309. MEDICAL AND RESEARCH ETHICS. A project
980	956		awarded a grant under this chapter must comply with all applicable
981	957		federal and state laws regarding the conduct of the research or a
982	958		prevention project.
983	959		Sec. 101A.310. PUBLIC INFORMATION; CONFIDENTIAL
984	960		INFORMATION. (a) The following information is public information
985	961		and may be disclosed under Chapter 552, Government Code:
986	962		(1) a grant applicant's name and address;
987	963		(2) the amount of money requested in an applicant's
988	964		grant proposal;
989		-	(3) the type of research on dementia, Alzheimer's
990		-	disease, Parkinson's disease, or related disorders to be addressed
991		-	under a grant proposal; and
	965	+	(3) the type of research on dementia or related
	966	+	disorders to be addressed under a grant proposal; and
992	967		(4) any other information the institute designates
993	968		with the consent of a grant applicant.
994	969		(b) To protect the actual or potential value of information
995	970		submitted to the institute by an applicant for or recipient of a
996	971		grant under this chapter, the following information submitted by
997	972		the applicant or recipient is confidential and is not subject to
998	973		disclosure under Chapter 552, Government Code, or any other law:
999	974		(1) all information, other than the information
1000	975		described under Subsection (a), contained in a grant application,
1001	976		peer review evaluation, award contract, or progress report relating
1002	977		to a product, device, or process, the application or use of the
1003	978		product, device, or process, and all technological and scientific
1004	979		information, including computer programs, developed wholly or
1005	980		partly by the applicant or recipient, regardless of whether
1006	981		patentable or capable of being registered under copyright or
1007	982		trademark laws, that has a potential for being sold, traded, or
1008	983		licensed for a fee; and
1009	984		(2) the plans, specifications, blueprints, and
1010	985		designs, including related proprietary information, of a
1011	986		scientific research and development facility.
1012	987		(c) The following information is confidential and not
1013	988		subject to disclosure under Chapter 552, Government Code:
1014	989		(1) information that directly or indirectly reveals
1015	990		the identity of an individual who reports fraud, waste, or abuse of
1016	991		state resources to the institute's compliance program office, seeks
1017	992		guidance from the office, or participates in an investigation
1018	993		conducted under the compliance program;
1019	994		(2) information that directly or indirectly reveals
1020	995		the identity of an individual who is alleged to have or may have
1021	996		planned, initiated, or participated in activities specified in a
1022	997		report submitted to the office if, after completing an
1023	998		investigation, the office determines the report to be
1024	999		unsubstantiated or without merit; and
1025	1000		(3) other information collected or produced in a
1026	1001		compliance program investigation if releasing the information
1027	1002		would interfere with an ongoing compliance investigation.
1028	1003		(d) Subsection (c) does not apply to information related to
1029	1004		an individual who consents to the information's disclosure.
1030	1005		(e) Information made confidential or excepted from public
1031	1006		disclosure by this section may be made available, on request and in
1032	1007		compliance with applicable laws and procedures, to the following:
1033	1008		(1) a law enforcement agency or prosecutor;
1034	1009		(2) a governmental agency responsible for
1035	1010		investigating the matter specified in a compliance report,
1036	1011		including the Texas Workforce Commission civil rights division or
1037	1012		the Equal Employment Opportunity Commission; or
1038	1013		(3) a committee member or institute employee who is
1039	1014		responsible under institutional policy for a compliance program
1040	1015		investigation or for a review of a compliance program
1041	1016		investigation.
1042	1017		(f) A disclosure under Subsection (e) is not a voluntary
1043	1018		disclosure for purposes of Section 552.007, Government Code.
1044	1019		(g) The institute shall post on the institute's Internet
1045	1020		website records that pertain specifically to any gift, grant, or
1046	1021		other consideration provided to the institute, an institute
1047	1022		employee, or an oversight committee member, in the employee's or
1048	1023		member's official capacity. The posted information must include
1049	1024		each donor's name and the amount and date of the donor's donation.
1050	1025		SECTION 2. Section 51.955(c), Education Code, is amended to
1051	1026		read as follows:
1052	1027		(c) Subsection (b)(1) does not apply to a research contract
1053	1028		between an institution of higher education and the Cancer
1054	1029		Prevention and Research Institute of Texas or Dementia Prevention
1055	1030		and Research Institute of Texas.
1056	1031		SECTION 3. Section 572.003(c), Government Code, is amended
1057	1032		to read as follows:
1058	1033		(c) The term means a member of:
1059	1034		(1) the Public Utility Commission of Texas;
1060	1035		(2) the Texas Commission on Environmental Quality;
1061	1036		(3) the Texas Alcoholic Beverage Commission;
1062	1037		(4) the Finance Commission of Texas;
1063	1038		(5) the Texas Facilities Commission;
1064	1039		(6) the Texas Board of Criminal Justice;
1065	1040		(7) the board of trustees of the Employees Retirement
1066	1041		System of Texas;
1067	1042		(8) the Texas Transportation Commission;
1068	1043		(9) the Texas Department of Insurance;
1069	1044		(10) the Parks and Wildlife Commission;
1070	1045		(11) the Public Safety Commission;
1071	1046		(12) the Texas Ethics Commission;
1072	1047		(13) the State Securities Board;
1073	1048		(14) the Texas Water Development Board;
1074	1049		(15) the governing board of a public senior college or
1075	1050		university as defined by Section 61.003, Education Code, or of The
1076	1051		University of Texas Southwestern Medical Center, The University of
1077	1052		Texas Medical Branch at Galveston, The University of Texas Health
1078	1053		Science Center at Houston, The University of Texas Health Science
1079	1054		Center at San Antonio, The University of Texas M. D. Anderson Cancer
1080	1055		Center, The University of Texas Health Science Center at Tyler,
1081	1056		University of North Texas Health Science Center at Fort Worth,
1082	1057		Texas Tech University Health Sciences Center, Texas State Technical
1083	1058		College--Harlingen, Texas State Technical College--Marshall, Texas
1084	1059		State Technical College--Sweetwater, or Texas State Technical
1085	1060		College--Waco;
1086	1061		(16) the Texas Higher Education Coordinating Board;
1087	1062		(17) the Texas Workforce Commission;
1088	1063		(18) the board of trustees of the Teacher Retirement
1089	1064		System of Texas;
1090	1065		(19) the Credit Union Commission;
1091	1066		(20) the School Land Board;
1092	1067		(21) the board of the Texas Department of Housing and
1093	1068		Community Affairs;
1094	1069		(22) the Texas Racing Commission;
1095	1070		(23) the State Board of Dental Examiners;
1096	1071		(24) the Texas Medical Board;
1097	1072		(25) the Board of Pardons and Paroles;
1098	1073		(26) the Texas State Board of Pharmacy;
1099	1074		(27) the Department of Information Resources
1100	1075		governing board;
1101	1076		(28) the board of the Texas Department of Motor
1102	1077		Vehicles;
1103	1078		(29) the Texas Real Estate Commission;
1104	1079		(30) the board of directors of the State Bar of Texas;
1105	1080		(31) the Bond Review Board;
1106	1081		(32) the Health and Human Services Commission;
1107	1082		(33) the Texas Funeral Service Commission;
1108	1083		(34) the board of directors of a river authority
1109	1084		created under the Texas Constitution or a statute of this state;
1110	1085		(35) the Texas Lottery Commission; [or]
1111	1086		(36) the Cancer Prevention and Research Institute of
1112	1087		Texas; or
1113	1088		(37) the Dementia Prevention and Research Institute of
1114	1089		Texas.
1115	1090		SECTION 4. (a) Not later than December 31, 2025, the
1116	1091		appropriate appointing authority shall appoint the members to the
1117	1092		Dementia Prevention and Research Institute of Texas Oversight
1118	1093		Committee as required by Section 101A.101, Health and Safety Code,
1119	1094		as added by this Act. The oversight committee may not act until a
1120	1095		majority of the appointed members have taken office.
1121	1096		(b) Notwithstanding Section 101A.101, Health and Safety
1122	1097		Code, as added by this Act, in making the initial appointments under
1123	1098		that section, the governor, lieutenant governor, and speaker of the
1124	1099		house of representatives shall, as applicable, designate one member
1125	1100		of the Dementia Prevention and Research Institute of Texas
1126	1101		Oversight Committee appointed by that person to serve a term
1127	1102		expiring January 31, 2027, one member appointed by that person to
1128	1103		serve a term expiring January 31, 2029, and one member appointed by
1129	1104		that person to serve a term expiring January 31, 2031.
1130	1105		(c) Notwithstanding Section 101A.104, Health and Safety
1131	1106		Code, as added by this Act, the governor shall designate a member
1132	1107		the governor appoints under Subsection (b) of this section to serve
1133	1108		as the initial presiding officer of the Dementia Prevention and
1134	1109		Research Institute of Texas Oversight Committee.
1135	1110		(d) Not later than January 31, 2026, the Dementia Prevention
1136	1111		and Research Institute of Texas Oversight Committee established
1137	1112		under Section 101A.101, Health and Safety Code, as added by this
1138	1113		Act, shall hold its first meeting at a location determined by the
1139	1114		presiding officer of the Dementia Prevention and Research Institute
1140	1115		of Texas Oversight Committee designated under Subsection (c) of
1141	1116		this section.
1142	1117		SECTION 5. If the voters approve the constitutional
1143	1118		amendment proposed by the 89th Legislature, Regular Session, 2025,
1144	1119		providing for the establishment of the Dementia Prevention and
1145	1120		Research Institute of Texas, establishing the Dementia Prevention
1146	1121		and Research Fund to provide money for research on and prevention
1147		-	and treatment of dementia, ~~Alzheimer's disease, Parkinson's~~
1148		-	~~disease, and related disorders in this state, and~~ transferring to
1149		-	~~that fund $3 billion from state general revenue,~~ the Dementia
1150		-	~~Prevention and Research Institute of Texas established~~ by Chapter
1151		-	~~101A, Health and Safety Code, as added by this Act, is~~ eligible for
1152		-	~~funding to be deposited under the authority of Section~~ 68, Article
1153		-	~~III, Texas Constitution, for~~ the ~~institute to engage in any~~
1154		-	~~activities serving the purposes of that constitutional~~ provision.
	1122	+	and treatment of dementia and related disorders in this state, and
	1123	+	transferring to that fund $3 billion from state general revenue,
	1124	+	the Dementia Prevention and Research Institute of Texas established
	1125	+	by Chapter 101A, Health and Safety Code, as added by this Act, is
	1126	+	eligible for funding to be deposited under the authority of Section
	1127	+	68, Article III, Texas Constitution, for the institute to engage in
	1128	+	any activities serving the purposes of that constitutional
	1129	+	provision.
1155	1130		SECTION 6. This Act takes effect December 1, 2025, but only
1156	1131		if the constitutional amendment proposed by the 89th Legislature,
1157	1132		Regular Session, 2025, providing for the establishment of the
1158	1133		Dementia Prevention and Research Institute of Texas, establishing
1159	1134		the Dementia Prevention and Research Fund to provide money for
1160		-	research on and prevention and treatment of dementia, Alzheimer's
1161		-	disease, Parkinson's disease, and related disorders in this state,
1162		-	and transferring to that fund $3 billion from state general revenue
1163		-	is approved by the voters. If that amendment is not approved by the
1164		-	voters, this Act has no effect.
	1135	+	research on and prevention and treatment of dementia and related
	1136	+	disorders in this state, and transferring to that fund $3 billion
	1137	+	from state general revenue is approved by the voters. If that
	1138	+	amendment is not approved by the voters, this Act has no effect.