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.