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  H.B. No. 1358
 
 
 
 
AN ACT
  relating to the Cancer Prevention and Research Institute of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 102.001(3), Health and Safety Code, is
  amended to read as follows:
               (3)  "Research and prevention programs committee"
  means the Cancer Prevention and Research Institute of Texas
  Scientific Research and Prevention Programs committees appointed
  by the executive director [Committee].
         SECTION 2.  Subchapter B, Chapter 102, Health and Safety
  Code, is amended by adding Section 102.056 to read as follows:
         Sec. 102.056.  SALARY. The institute may supplement the
  salary of the executive director and other senior institute staff
  members. Funding for a salary supplement may come from gifts,
  grants, donations, or appropriations.
         SECTION 3.  Section 102.103(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Oversight committee members appointed by the governor,
  lieutenant governor, and speaker of the house serve staggered
  six-year [four-year] terms, with the terms of three members
  expiring on January 31 of each odd-numbered year.
         SECTION 4.  Subchapter C, Chapter 102, Health and Safety
  Code, is amended by adding Section 102.108 to read as follows:
         Sec. 102.108.  RULEMAKING AUTHORITY. The oversight
  committee may adopt rules to administer this chapter.
         SECTION 5.  Section 102.151, Health and Safety Code, is
  amended by adding Subsections (a-1) and (d) to read as follows:
         (a-1)  The executive director, with approval by simple
  majority of the members of the oversight committee, shall appoint
  as members of scientific research and prevention programs
  committees experts in the field of cancer research and prevention.
         (d)  A member of a scientific research and prevention
  programs committee may receive an honorarium. Subchapter B,
  Chapter 2254, Government Code, does not apply to an honorarium made
  to a committee member under this chapter.
         SECTION 6.  Section 102.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.152.  TERMS OF RESEARCH AND PREVENTION PROGRAMS
  COMMITTEE MEMBERS.  Members of a [the] research and prevention
  programs committee serve for [four-year] terms as determined by the
  executive director.
         SECTION 7.  The heading to Subchapter D, Chapter 102, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER D.  COMMITTEES [RESEARCH AND PREVENTION PROGRAMS
  COMMITTEE]
         SECTION 8.  Section 102.153, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.153.  EXPENSES. Members of the university advisory
  committee or any ad hoc advisory committee appointed under this
  subchapter [the research and prevention programs committee] serve
  without compensation but are entitled to reimbursement for actual
  and necessary expenses in attending meetings of the committee or
  performing other official duties authorized by the presiding
  officer.
         SECTION 9.  Subchapter D, Chapter 102, Health and Safety
  Code, is amended by adding Sections 102.154, 102.155, and 102.156
  to read as follows:
         Sec. 102.154.  UNIVERSITY ADVISORY COMMITTEE. (a) The
  Cancer Prevention and Research Institute of Texas University
  Advisory Committee is composed of the following members:
               (1)  two members appointed by the chancellor of The
  University of Texas System to represent:
                     (A)  The University of Texas Southwestern Medical
  Center at Dallas;
                     (B)  The University of Texas Medical Branch at
  Galveston;
                     (C)  The University of Texas Health Science Center
  at Houston;
                     (D)  The University of Texas Health Science Center
  at San Antonio;
                     (E)  The University of Texas Health Center at
  Tyler; or
                     (F)  The University of Texas M. D. Anderson Cancer
  Center;
               (2)  one member appointed by the chancellor of The
  Texas A&M University System to represent:
                     (A)  The Texas A&M University System Health
  Science Center; or
                     (B)  the teaching hospital for The Texas A&M
  Health Science Center College of Medicine;
               (3)  one member appointed by the chancellor of the
  Texas Tech University System to represent the Texas Tech University
  Health Sciences Center;
               (4)  one member appointed by the chancellor of the
  University of Houston System to represent the system;
               (5)  one member appointed by the chancellor of the
  Texas State University System to represent the system;
               (6)  one member appointed by the chancellor of the
  University of North Texas System to represent the system;
               (7)  one member appointed by the president of Baylor
  College of Medicine;
               (8)  one member appointed by the president of Rice
  University; and
               (9)  members appointed at the executive director's
  discretion by the chancellors of other institutions.
         (b)  The university advisory committee shall advise the
  oversight committee and a research and prevention programs
  committee regarding the role of institutions of higher education in
  cancer research.
         Sec. 102.155.  AD HOC ADVISORY COMMITTEE. (a) The oversight
  committee shall create an ad hoc committee of experts to address
  childhood cancers.  The oversight committee, as necessary, may
  create additional ad hoc committees of experts to advise the
  oversight committee on issues relating to cancer.
         (b)  Ad hoc committee members shall serve for a period
  determined by the oversight committee.
         Sec. 102.156.  CONFLICT OF INTEREST. (a) A member of a
  research and prevention programs committee, the university
  advisory committee, or any ad hoc committee appointed under this
  subchapter shall disclose in writing to the executive director if
  the member has an interest in a matter that comes before the
  member's committee or has a substantial financial interest in an
  entity that has a direct interest in the matter.
         (b)  The member shall recuse himself or herself from the
  committee's deliberations and actions on the matter in Subsection
  (a) and may not participate in the committee's decision on the
  matter.
         (c)  A person has a substantial financial interest in an
  entity if the person:
               (1)  is an employee, member, director, or officer of
  the entity; or
               (2)  owns or controls, directly or indirectly, more
  than a five percent interest in the entity.
         SECTION 10.  Sections 102.203(c) and (d), Health and Safety
  Code, are amended to read as follows:
         (c)  A person receiving money under this subchapter for
  cancer research may not spend more than five percent of the money
  for indirect costs. For purposes of this subsection, "indirect
  costs" means the expenses of doing business that are not readily
  identified with a particular grant, contract, project, function, or
  activity, but are necessary for the general operation of the
  organization or the performance of the organization's activities.
         (d)  Not more than five percent of the money awarded under
  this subchapter may be used for facility purchase, construction,
  remodel, or renovation purposes during any year. Expenditures of
  money awarded under this subchapter for facility purchase,
  construction, remodel, or renovation projects must benefit cancer
  prevention and research.
         SECTION 11.  Section 102.251, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.251.  RULES FOR GRANT AWARD PROCEDURE [DUTIES OF
  SCIENTIFIC RESEARCH AND PREVENTION PROGRAMS COMMITTEE].  (a)  The
  oversight committee shall issue rules regarding the procedure for
  awarding grants to an applicant under this chapter. The rules must
  include the following procedures:
               (1)  a [The] research and prevention programs committee
  shall review grant applications and make recommendations to the
  executive director [oversight committee] regarding the award of
  cancer research grants, including a prioritized list that ranks the
  grant applications in the order the committee determines
  applications should be funded; and
               (2)  the executive director shall submit to the
  oversight committee a list of grant applications that is
  substantially based on the list submitted by the committee under
  Subdivision (1) and, to the extent possible, gives[, therapy
  development, and clinical trial grants.
         [(b)     The ex officio members of the research and prevention
  programs committee may participate in the review and discussion of
  grant applications but may not vote on recommendations to the
  oversight committee. In making recommendations to the oversight
  committee, the research and prevention programs committee shall
  give] priority to proposals that:
                     (A) [(1)]  could lead to immediate or long-term
  medical and scientific breakthroughs in the area of cancer
  prevention or cures for cancer;
                     (B) [(2)]  strengthen and enhance fundamental
  science in cancer research;
                     (C) [(3)]  ensure a comprehensive coordinated
  approach to cancer research;
                     (D) [(4)]  are interdisciplinary or
  interinstitutional;
                     (E) [(5)]  address federal or other major
  research sponsors' priorities in emerging scientific or technology
  fields in the area of cancer prevention or cures for cancer;
                     (F) [(6)]  are matched with funds available by a
  private or nonprofit entity and institution or institutions of
  higher education;
                     (G) [(7)]  are collaborative between any
  combination of private and nonprofit entities, public or private
  agencies or institutions in this state, and public or private
  institutions outside this state;
                     (H) [(8)]  have a demonstrable economic
  development benefit to this state;
                     (I) [(9)]  enhance research superiority at
  institutions of higher education in this state by creating new
  research superiority, attracting existing research superiority
  from institutions not located in this state and other research
  entities, or enhancing existing research superiority by attracting
  from outside this state additional researchers and resources; and
                     (J) [(10)]  expedite innovation and
  commercialization, attract, create, or expand private sector
  entities that will drive a substantial increase in high-quality
  jobs, and increase higher education applied science or technology
  research capabilities.
         (b) [(c)]  A member of a [the] research and prevention
  programs committee may not attempt to use the committee member's
  official position to influence a decision to approve or award a
  grant or contract to the committee member's employer.
         SECTION 12.  Section 102.252, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.252.  OVERRIDING [RESEARCH AND PREVENTION PROGRAMS
  COMMITTEE] RECOMMENDATIONS.  The oversight committee must follow
  the funding recommendations of the executive director in the order
  the executive director submits the applications to the oversight
  committee [research and prevention programs committee] unless
  two-thirds of the members of the oversight committee vote to
  disregard a recommendation.
         SECTION 13.  Section 102.255(d), Health and Safety Code, is
  amended to read as follows:
         (d)  Before the oversight committee may make for cancer
  research any grant of any proceeds of the bonds issued under
  Subchapter E, the recipient of the grant must have an amount of
  funds equal to one-half of the grant dedicated to the research that
  is the subject of the grant request.
         SECTION 14.  Section 102.260, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.260.  GRANT EVALUATION [PEER REVIEW]. (a)  The
  oversight [research  and prevention programs] committee shall
  require as a condition of a grant that the [a peer review progress
  oversight review of each] grant recipient submit to regular
  inspection reviews of the grant project by institute staff,
  including progress oversight reviews, to ensure compliance with the
  terms of the award and to ensure the scientific merit of the
  research[.     The research     and prevention programs committee shall
  report to the oversight committee any recommendations for
  subsequent actions].
         (b)  The executive director shall determine the grant review
  process under this section. The executive director may terminate
  grants that do not meet contractual obligations.
         (c)  The executive director shall report at least annually to
  the oversight committee on the progress and continued merit of each
  research program funded by the institute.
         SECTION 15.  Subchapter F, Chapter 102, Health and Safety
  Code, is amended by adding Section 102.262 to read as follows:
         Sec. 102.262.  PUBLIC INFORMATION. The following
  information is public information and may be disclosed under
  Chapter 552, Government Code:
               (1)  the applicant's name and address;
               (2)  the amount of funding applied for;
               (3)  the type of cancer to be addressed under the
  proposal; and
               (4)  any other information designated by the institute
  with the consent of the grant applicant.
         SECTION 16.  Sections 102.151(a) and (c), Health and Safety
  Code, are repealed.
         SECTION 17.  Not later than December 1, 2009, the governor,
  lieutenant governor, and speaker of the house of representatives
  each shall designate one member of the Cancer Prevention and
  Research Institute of Texas Oversight Committee appointed by that
  person to serve a term expiring January 31, 2011, one member
  appointed by that person to serve a term expiring January 31, 2013,
  and one member appointed by that person to serve a term expiring
  January 31, 2015.
         SECTION 18.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1358 was passed by the House on May 7,
  2009, by the following vote:  Yeas 141, Nays 2, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1358 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor