By Marchant H.B. No. 3508 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creating the Texas Commission on Spinal Cord Research. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle E, Title 2, Health and Safety Code, is 1-5 amended by adding Chapter 110 to read as follows: 1-6 CHAPTER 110. TEXAS COMMISSION ON SPINAL CORD RESEARCH 1-7 SUBCHAPTER A. GENERAL PROVISIONS 1-8 Sec. 110.001. DEFINITIONS. In this chapter: 1-9 (1) "Approved research project" means a peer reviewed 1-10 scientific research project that: 1-11 (A) is approved by the commission; and 1-12 (B) focuses on the treatment and cure of spinal 1-13 cord injuries and diseases that damage the spinal cord. 1-14 (2) "Commission" means the Texas Commission on Spinal 1-15 Cord Research. 1-16 (3) "Institutional support services" means all 1-17 services, facilities, equipment, personnel, and expenditures 1-18 associated with the creation and maintenance of approved research 1-19 projects. 1-20 (4) "Qualifying research institution" means a public 1-21 or private educational or research institution that is conducting 2-1 an approved research project. 2-2 Sec. 110.002. APPLICATION OF CHAPTER. This chapter does not 2-3 prevent a qualifying research institution or other research 2-4 facility from applying directly for and receiving funds from any 2-5 public or private agency to conduct spinal cord research. 2-6 Sec. 110.003. SUNSET PROVISION. The Texas Commission on 2-7 Spinal Cord Research is subject to Chapter 325 (Texas Sunset Act). 2-8 Unless continued in existence as provided by that chapter, the 2-9 council is abolished September 1, 2011. 2-10 (Sections 110.004-110.050 reserved for expansion 2-11 SUBCHAPTER B. TEXAS COMMISSION ON SPINAL CORD RESEARCH 2-12 Sec. 110.051. COMMISSION. (a) The Texas Commission on 2-13 Spinal Cord Research is an agency of the state. 2-14 (b) The commission is composed of nine members of the 2-15 general public that have knowledge of or competence, experience, or 2-16 interest in medical research, at least one of whom is a person with 2-17 a spinal cord injury. 2-18 (c) The members of the commission are appointed by the 2-19 governor with the advice and consent of the senate for staggered 2-20 terms of six years, with three members' terms expiring February 1 2-21 of each odd-numbered year. 2-22 (d) The commissioner of health shall serve as a nonvoting 2-23 member of the commission. 2-24 (e) Appointments to the commission shall be made without 2-25 regard to the race, color, disability, sex, religion, age, or 3-1 national origin of the appointees. 3-2 Sec. 110.052. VACANCY. A vacancy on the commission is 3-3 filled for the unexpired term in the same manner as the original 3-4 appointments. 3-5 Sec. 110.053. PRESIDING OFFICER. (a) The members of the 3-6 commission shall elect annually a presiding officer and an 3-7 assistant presiding officer of the commission from among its 3-8 members. 3-9 (b) The presiding officer shall preside at all meetings of 3-10 the commission and shall perform other duties that the commission 3-11 may prescribe. 3-12 Sec. 110.054. EXECUTIVE DIRECTOR; PERSONNEL. (a) The 3-13 commission may employ an executive director to serve at the will of 3-14 the commission. 3-15 (b) The executive director shall serve as secretary to the 3-16 commission. 3-17 (c) The commission may employ other personnel necessary for 3-18 the performance of the commission's functions. 3-19 Sec. 110.055. COMPENSATION. (a) A member of the commission 3-20 may not receive compensation for service on the commission. 3-21 (b) A member is entitled to receive reimbursement, subject 3-22 to any applicable limitation on reimbursement provided by the 3-23 General Appropriations Act, for the actual and necessary expenses 3-24 incurred in performing services as a member of the commission. 3-25 (Sections 110.056-110.100 reserved for expansion 4-1 SUBCHAPTER C. POWERS AND DUTIES 4-2 Sec. 110.101. POWERS AND DUTIES. (a) The commission shall: 4-3 (1) review and approve proposed research projects; 4-4 (2) apportion funds to qualifying research 4-5 institutions to finance approved research projects and necessary 4-6 institutional support services; 4-7 (3) ensure that funds apportioned to approved research 4-8 projects are not diverted to any other use; 4-9 (4) encourage the development of spinal cord research 4-10 projects; and 4-11 (5) compile a directory of all spinal cord research 4-12 projects being conducted in the state. 4-13 (b) The commission may: 4-14 (1) establish an independent scientific advisory panel 4-15 composed of scientists and clinicians who are not members of the 4-16 commission to review proposals submitted to the commission and make 4-17 funding recommendations to the commission; 4-18 (2) adopt rules to administer this chapter, including 4-19 rules related to the operation of the commission and the functions 4-20 and responsibilities of its officers and employees; 4-21 (3) maintain an office; 4-22 (4) design a fair and equitable system for the 4-23 solicitation, evaluation, and approval of proposals for spinal cord 4-24 research projects; and 4-25 (5) enter into a contract with any person necessary or 5-1 convenient to enable the commission to perform its powers and 5-2 duties under this chapter. 5-3 Sec. 110.102. GIFTS AND GRANTS. (a) The commission may 5-4 accept gifts, grants, and donations from any source for the 5-5 purposes of this chapter. 5-6 (b) The commission shall accept the gifts on behalf of the 5-7 commission and deposit any funds accepted under this section to the 5-8 credit of the spinal cord research account in the general revenue 5-9 fund. 5-10 Sec. 110.103. ACCOUNT. The spinal cord research account is 5-11 an account in the general revenue fund. The account consists of 5-12 gifts and grants received under Section 110.102. Money in the 5-13 account may be used by the commission only for the purpose of 5-14 administering the program provided by this chapter. The fund is 5-15 exempt from the application of Section 403.095, Government Code. 5-16 Sec. 110.104. REPORT. Not later than January 30 of each 5-17 odd-numbered year, the commission shall file a report with the 5-18 governor and the presiding officer of each house of the legislature 5-19 describing the status of the commission's activities and the 5-20 results of its funded research efforts. 5-21 Sec. 110.105. REGISTRY. The commission shall establish and 5-22 maintain, in conjunction with the department, a central registry of 5-23 persons who sustain spinal cord injuries other than through disease 5-24 whether or not the injury results in a permanent disability to 5-25 provide a database that: 6-1 (1) indicates the incidence and prevalence of spinal 6-2 cord injuries; and 6-3 (2) will serve as a resource for research, evaluation, 6-4 and information on spinal cord injuries and available services. 6-5 SECTION 2. (a) This act takes effect September 1, 1999. 6-6 (b) The governor shall appoint the initial members of the 6-7 Texas Commission on Spinal Cord Research in accordance with Chapter 6-8 110, Health and Safety Code, as added by this Act. The governor 6-9 shall appoint three members for terms expiring February 1, 2001, 6-10 three members for terms expiring February 1, 2003, and three 6-11 members for terms expiring February 1, 2005. 6-12 SECTION 3. The importance of this legislation and the 6-13 crowded condition of the calendars in both houses create an 6-14 emergency and an imperative public necessity that the 6-15 constitutional rule requiring bills to be read on three several 6-16 days in each house be suspended, and this rule is hereby suspended.