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.