80R4944 MCK-D
 
  By: Keffer H.B. No. 14
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to creating the Cancer Research Institute of Texas and
abolishing the Texas Cancer Council; granting authority to issue
bonds.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 86.003(b), Health and Safety Code, is
amended to read as follows:
       (b)  The advisory council shall include at least one of each
of the following:
             (1)  a representative of a statewide nonprofit
organization that is an advocate for breast cancer patients;
             (2)  a representative of a statewide professional
organization representing the full spectrum of physicians;
             (3)  a physician associated with an institution of
higher education who specializes in the treatment of breast cancer;
and
             (4)  a representative of the Cancer Research Institute
of Texas [Cancer Council].
       SECTION 2.  Chapter 102, Health and Safety Code, is amended
to read as follows:
CHAPTER 102.  [TEXAS] CANCER RESEARCH INSTITUTE OF TEXAS [COUNCIL]
SUBCHAPTER A.  GENERAL PROVISIONS
       Sec. 102.001.  DEFINITIONS [DEFINITION]. In this chapter:
             (1)  "Institute" means the Cancer Research Institute of
Texas.
             (2)  "Oversight committee" means the Cancer Research
Institute of Texas Oversight Committee.
             (3)  "Research committee" means the Cancer Research
Institute of Texas Scientific Research Committee[, "council" means
the Texas Cancer Council].
       Sec. 102.002.  PURPOSES [TEXAS CANCER COUNCIL]. The [Texas]
Cancer Research Institute of Texas is established to:
             (1)  create and expedite innovation in the area of
cancer research and in enhancing the potential for a medical or
scientific breakthrough in the prevention of cancer and cures for
cancer;
             (2)  attract, create, or expand research capabilities
of public or private institutions of higher education and other
public or private entities that will promote a substantial increase
in cancer research and in the creation of high-quality new jobs in
this state; and
             (3)  develop [Council shall develop] and [work to]
implement the Texas Cancer Plan.
       Sec. 102.003.  SUNSET PROVISION. The Cancer Research
Institute of Texas [Cancer Council] is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the institute [council] is abolished
and this chapter expires September 1, 2021 [2009].
SUBCHAPTER B. POWERS AND DUTIES OF INSTITUTE
       Sec. 102.051.  POWERS AND DUTIES. (a)  The institute may:
             (1)  make grants and loans to institutions of learning
and to advanced medical research facilities and collaborations in
this state for:
                   (A)  research into the causes of and cures for all
forms of cancer in humans;
                   (B)  facilities for use in research into the
causes of and cures for cancer; and
                   (C)  research to develop therapies, protocols,
medical pharmaceuticals, or procedures that will result in, as
speedily as possible, the cure for, or substantial mitigation of,
all types of cancer in humans;
             (2)  support institutions of learning and advanced
medical research facilities and collaborations in this state in all
stages in the process of finding the causes of all types of cancer
in humans and developing cures, from laboratory research to
clinical trials and including programs to address the problem of
access to advanced cancer treatment;
             (3)  establish the appropriate standards and oversight
bodies to ensure the proper use of funds authorized under this
chapter for cancer research and facilities development;
             (4)  employ an executive director;
             (5)  appoint advisory committees necessary to
implement the Texas Cancer Plan and employ necessary staff to
provide administrative support; and
             (6)  monitor contracts and agreements authorized by
this chapter.
       (b)  The institute shall work to implement the Texas Cancer
Plan and continually monitor and revise the Texas Cancer Plan as
necessary.
       Sec. 102.052.  ANNUAL PUBLIC REPORT. (a)  The institute
shall issue an annual public report outlining the institute's
activities, grants awarded, grants in progress, research
accomplishments, and future program directions. The report must
include:
             (1)  the number and dollar amounts of research and
facilities grants;
             (2)  identification of the grant recipients for the
reported year;
             (3)  the institute's administrative expenses;
             (4)  an assessment of the availability of funding for
cancer research from sources other than the institute;
             (5)  a summary of findings of research funded by the
institute, including promising new research areas;
             (6)  an assessment of the relationship between the
institute's grants and the overall strategy of its research
program;
             (7)  a statement of the institute's strategic research
and financial plans;
             (8)  an estimate of how much cancer has cost the state
during the year, including the amounts spent by the state relating
to cancer by the child health program, the Medicaid program, the
Teacher Retirement System of Texas, and the Employees Retirement
System of Texas; and
             (9)  a summary of any public comments provided at the
oversight committee's annual meeting.
       (b)  The institute shall submit the annual public report to
the governor and the legislature.
       Sec. 102.053.  INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY
COMPTROLLER.  (a)  The institute shall annually commission an
independent financial audit of its activities from a certified
public accounting firm. The institute shall provide the audit to
the comptroller. The comptroller shall review and evaluate the
audit and annually issue a public report of that review. The
comptroller shall make recommendations concerning the institute's
financial practices and performance.
       (b)  The oversight committee shall review the annual
financial audit, the comptroller's report and evaluation of that
audit, and the financial practices of the institute.
       Sec. 102.054.  GIFTS AND GRANTS. The institute may solicit
and accept gifts and grants from any source for the purposes of this
chapter.
       Sec. 102.055.  QUARTERLY MEETINGS.  The oversight committee
shall hold a public meeting at least once in each quarter of the
calendar year, with appropriate notice and with a formal public
comment period.
SUBCHAPTER C. OVERSIGHT COMMITTEE
       Sec. 102.101 [102.004]. COMPOSITION OF OVERSIGHT COMMITTEE
[COUNCIL]. (a)  The Cancer Research Institute of Texas Oversight
Committee is the governing body of the institute.
       (b) The oversight committee [council] is composed of the
following 11 members:
             (1)  three members appointed by the governor [the
chairman of the Texas Board of Health, or a representative
appointed by the chairman, who serves as an ex officio nonvoting
member];
             (2)  three members appointed by the governor from a
list submitted by the lieutenant [one physician active in the
treatment of cancer, appointed by the] governor;
             (3)  three members appointed by the governor from a
list submitted by the speaker of the house of representatives [one
physician active in the treatment of cancer, appointed by the
lieutenant governor];
             (4)  the comptroller or the comptroller's designee [one
physician active in the treatment of cancer, appointed by the
speaker of the house of representatives]; and
             (5)  the state auditor or the state auditor's designee 
[one representative of a voluntary health organization interested
in cancer, appointed by the governor;
             [(6)  one representative of a voluntary health
organization interested in cancer, appointed by the lieutenant
governor;
             [(7)  one representative of a voluntary health
organization interested in cancer, appointed by the speaker of the
house of representatives;
             [(8)  one representative of a licensed health care
facility that treats a significant number of cancer patients,
appointed by the governor;
             [(9)  one representative of a licensed health care
facility that treats a significant number of cancer patients,
appointed by the lieutenant governor;
             [(10)  one representative of a licensed health care
facility that treats a significant number of cancer patients,
appointed by the speaker of the house of representatives;
             [(11)  one member of the public, appointed by the
governor;
             [(12)  one member of the public, appointed by the
lieutenant governor;
             [(13)  one member of the public, appointed by the
speaker of the house of representatives;
             [(14)  one licensed health care professional active in
the treatment or control of cancer, other than a physician,
appointed by the governor;
             [(15)  one licensed health care professional active in
the treatment or control of cancer, other than a physician,
appointed by the lieutenant governor; and
             [(16)  one licensed health care professional active in
the treatment or control of cancer, other than a physician,
appointed by the speaker of the house of representatives].
       (c)  The members of the oversight committee must represent
the geographic and cultural diversity of the state.
       (d)  [(b)  In making appointments to the council, the
governor, lieutenant governor, and speaker of the house of
representatives should attempt to include cancer survivors and
family members of cancer patients if possible.
       [Sec. 102.0041.  QUALIFICATIONS OF COUNCIL MEMBERS AND
EMPLOYEES. (a)  In this section, "Texas trade association" means a
cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest. The term does not include a voluntary health
organization.
       [(b)]  A person may not be a [public] member of the oversight
committee [council] if the person or the person's spouse:
             (1)  is employed by or participates in the management
of a business entity or other organization receiving money from the
institute [council];
             (2)  owns or controls, directly or indirectly, more
than a five [10] percent interest in a business entity or other
organization receiving money from the institute [council]; or
             (3)  uses or receives a substantial amount of tangible
goods, services, or money from the institute [council], other than
[compensation or] reimbursement authorized by this chapter [law]
for oversight committee [council] membership, attendance, or
expenses.
       [(c)  A person may not be a member of the council and may not
be a council employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments if:
             [(1)  the person is an officer, employee, or paid
consultant of a Texas trade association in the field of cancer
control; or
             [(2)  the person's spouse is an officer, manager, or
paid consultant of a Texas trade association in the field of cancer
control.
       [(d)  A person may not be a member of the council or act as
the general counsel to the council or the council's staff if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the council.
       [(e)  Appointments to the council shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.]
       Sec. 102.102.  REMOVAL.  (a) [(f)] It is a ground for
removal from the oversight committee [council] that a member:
             (1)  [does not have at the time of taking office the
qualifications required by Section 102.004;
             [(2)  does not maintain during service on the council
the qualifications required by Section 102.004;
             [(3)]  is ineligible for membership under Section
102.101(d) [Subsections (b)-(d)];
             (2) [(4)]  cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
             (3) [(5)]  is absent from more than half of the
regularly scheduled oversight committee [council] meetings that
the member is eligible to attend during a calendar year without an
excuse approved by a majority vote of the committee [council].
       (b) [(g)]  The validity of an action of the oversight
committee [council] is not affected by the fact that it is taken
when a ground for removal of a committee [council] member exists.
       (c) [(h)]  If the executive director has knowledge that a
potential ground for removal exists, the executive director shall
notify the presiding officer of the oversight committee [council]
of the potential ground. The presiding officer shall then notify
the appointing authority and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the executive director shall notify
the next highest ranking officer of the oversight committee
[council], who shall then notify the appointing authority and the
attorney general that a potential ground for removal exists.
       Sec. 102.103 [102.005].  TERMS; VACANCY. (a)  Oversight
committee [Except for the ex officio member of the council,
council] members appointed by the governor serve [for] staggered
two-year [six-year] terms, with the terms of four or five members
expiring February 1 of each [even-numbered] year.
       (b)  An oversight committee member may not serve more than
two terms.
       (c)  Not later than the 30th day after the date an oversight
committee member's term expires, the governor shall appoint a
replacement.
       (d)  If a vacancy occurs on the oversight committee, the
governor [appropriate appointing authority] shall appoint a
successor, in the same manner as the original appointment, [a
person] to serve for the remainder of the unexpired term. The
governor shall appoint the successor not later than the 30th day
after the date the vacancy occurs.
       Sec. 102.104 [102.006].  OFFICERS. The governor shall
designate a member of the oversight committee [council, other than
the ex officio member,] as the presiding officer of the oversight
committee [council] to serve in that capacity at the pleasure of the
governor.
       Sec. 102.105 [102.007].  EXPENSES [COMPENSATION]. [(a)]  A
member of the oversight committee [council] is not entitled to
compensation but is entitled to reimbursement for actual and
necessary expenses incurred in attending meetings of the committee
or performing other official [council] duties authorized by the
presiding officer.
       [(b)  A member of the legislature shall be reimbursed from
the appropriate fund of the legislature. A representative of a
state agency shall be reimbursed from the funds of the agency the
person represents. Other members shall be reimbursed from council
funds.]
       Sec. 102.106.  CONFLICT OF INTEREST. The oversight
committee shall adopt conflict-of-interest rules, based on
standards applicable to members of scientific review committees of
the National Institutes of Health, to govern members of the
oversight committee.
SUBCHAPTER D. RESEARCH COMMITTEE
       Sec. 102.151.  SCIENTIFIC RESEARCH COMMITTEE. (a)  The
Cancer Research Institute of Texas Scientific Research Committee is
composed of the following 18 members:
             (1)  three voting members appointed by the governor;
             (2)  three voting members appointed by the governor
from a list submitted by the lieutenant governor;
             (3)  three voting members appointed by the governor
from a list submitted by the speaker of the house of
representatives;
             (4)  two nonvoting members appointed by the governor
representing private or independent institutions of higher
education in this state that have demonstrated success and
leadership in cancer research;
             (5)  two nonvoting ex officio 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;
             (6)  one nonvoting ex officio 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;
             (7)  one nonvoting ex officio member appointed by the
chancellor of the Texas Tech University System to represent the
Texas Tech University Health Sciences Center;
             (8)  one nonvoting ex officio member appointed by the
chancellor of the University of Houston System to represent the
system;
             (9)  one nonvoting ex officio member appointed by the
chancellor of the Texas State University System to represent the
system; and
             (10)  one nonvoting ex officio member appointed by the
chancellor of the University of North Texas System to represent the
system.
       (b)  Individuals appointed to the research committee may be
residents of another state.
       (c)  Voting members of the research committee appointed by
the governor must include at least one person representing each of
the following categories:
             (1)  scientists and clinicians nationally recognized
in the field of cancer research;
             (2)  representatives from established nonprofit
entities involved in cancer research or cancer advocacy, with a
preference for a person who is a cancer patient or cancer survivor;
             (3)  persons with knowledge and experience involving
research hospitals that have demonstrated national success and
leadership in cancer research;
             (4)  representatives of a state agency with expertise
in public health;
             (5)  recognized experts in medical ethics;
             (6)  corporations involved in pharmaceutical or other
cancer-related research; and
             (7)  nationally recognized experts in the field of
children's cancer.
       Sec. 102.152.  TERMS OF RESEARCH COMMITTEE MEMBERS. (a)
Members of the research committee serve staggered two-year terms,
with the terms of four or five voting members and one nonvoting
member expiring on February 1 of each year.
       (b)  A member of the research committee may be reappointed to
one additional consecutive term and one additional term following a
minimum of two years in which the person did not serve on the
research committee.
       Sec. 102.153.  EXPENSES. Members of the research 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.
SUBCHAPTER E. CANCER RESEARCH FUND
       Sec. 102.201.  CANCER RESEARCH FUND. (a)  The cancer
research fund is a dedicated account in the general revenue fund.
       (b)  The cancer research fund consists of:
             (1)  money received from the sale of bonds under
Section 102.202;
             (2)  patent, royalty, and license fees and other income
received under a contract entered into as provided by Section
102.255;
             (3)  appropriations of money to the fund by the
legislature;
             (4)  gifts, grants, including grants from the federal
government, and other donations received for the fund; and
             (5)  interest earned on the investment of money in the
fund.
       (c)  The fund may be used only to pay for:
             (1)  grants and loans for cancer research and for
cancer research facilities in this state to realize therapies,
protocols, and medical procedures that will result in, as speedily
as possible, the cure for, or substantial mitigation of, all forms
of cancer in humans;
             (2)  the purchase, as authorized by the legislature by
general law or the General Appropriations Act, of needed laboratory
facilities by or on behalf of a state agency or grant recipient; and
             (3)  the operation of the institute.
       Sec. 102.202.  ISSUANCE OF GENERAL OBLIGATION BONDS FOR
CANCER RESEARCH FUND. (a) The Texas Public Finance Authority may
issue and sell general obligation bonds of the state as authorized
by the Texas Constitution for the purpose of providing money to
establish the cancer research fund. The authority may issue the
bonds in several installments.
       (b)  The Texas Public Finance Authority may not issue and
sell general obligation bonds authorized by this section before
September 1, 2009.
       (c)  The Texas Public Finance Authority may not issue and
sell more than $300 million in general obligation bonds authorized
by this section in a state fiscal year.
       (d)  Proceeds of the bonds issued under this section shall be
deposited in the cancer research fund.
       Sec. 102.203.  AUTHORIZED EXPENSES. (a) A person awarded
money from the cancer research fund under this subchapter may use
the money for research consistent with the purpose of this chapter
and in accordance with a contract between the person and the
institute.
       (b)  Except as otherwise provided by this section, money
awarded under this subchapter may be used for authorized expenses,
including honoraria, salaries and benefits, travel, conference
fees and expenses, consumable supplies, other operating expenses,
contracted research and development, capital equipment, and
construction or renovation of state or private facilities.
       (c)  A person receiving money under this subchapter may not
spend more than five percent of the money for administrative
purposes.
       (d)  A person receiving money under this subchapter may not
spend more than 10 percent of the money for facility construction
purposes. Money may not be used for facility construction five
years after the date the money is awarded.
       Sec. 102.204.  ADMINISTRATION OF FUND. The administration
of the cancer research fund is considered to be a trusteed program
within the office of the governor.
SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
       Sec. 102.251.  DUTIES OF SCIENTIFIC RESEARCH COMMITTEE. (a)  
The research committee shall review grant and loan applications and
make recommendations to the oversight committee regarding the award
of research, therapy development, and clinical trial grants and
loans.
       (b)  The ex officio members of the research committee may
participate in the review and discussion of grant and loan
applications but may not vote on recommendations to the oversight
committee. In making recommendations to the oversight committee,
the research committee shall give priority to proposals that:
             (1)  could lead to immediate or long-term medical and
scientific breakthroughs in the area of cancer prevention or cures
for cancer;
             (2)  strengthen and enhance fundamental science in
cancer research;
             (3)  ensure a comprehensive coordinated approach to
cancer research;
             (4)  are interdisciplinary or interinstitutional;
             (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;
             (6)  are matched with funds available by a private or
nonprofit entity and institution or institutions of higher
education;
             (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;
             (8)  have a demonstrable economic development benefit
to this state;
             (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
             (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.
       (c)  A member of the research committee may not attempt to
use the committee member's official position to influence a
decision to approve or award a grant, loan, or contract to the
committee member's employer.
       Sec. 102.252.  OVERRIDING RESEARCH COMMITTEE
RECOMMENDATIONS. The oversight committee must follow the funding
recommendations of the research committee unless two-thirds of the
members of the oversight committee vote to disregard a
recommendation.
       Sec. 102.253.  MAXIMUM AMOUNT OF ANNUAL AWARDS. The
oversight committee may not award more than $300 million in grants
or loans under Subchapter E in a fiscal year.
       Sec. 102.254.  PERIOD FOR AWARDS. The oversight committee
may not award money under Subchapter E before September 1, 2009, or
after August 31, 2020.
       Sec. 102.255.  CONTRACT TERMS. (a) The oversight committee
may negotiate on behalf of the state regarding awarding, by grant,
money appropriated from the cancer research fund. The negotiation
may include consideration of the grant recipient's financial
contribution, if any, to the proposal.
       (b)  Before awarding a grant under Subchapter E, the
committee shall enter into a written contract with the grant
recipient. The contract may specify that:
             (1)  if all or any portion of the amount of the grant is
used to build a capital improvement:
                   (A)  the state retains a lien or other interest in
the capital improvement in proportion to the percentage of the
grant amount used to pay for the capital improvement; and
                   (B)  the grant recipient shall, if the capital
improvement is sold:
                         (i)  repay to the state the grant money used
to pay for the capital improvement, with interest at the rate and
according to the other terms provided by the contract; and
                         (ii)  share with the state a proportionate
amount of any profit realized from the sale; and
             (2)  if, as of a date specified in the contract, the
grant recipient has not used grant money awarded under Subchapter E
for the purposes for which the grant was intended, the recipient
shall repay that amount and any related interest applicable under
the contract to the state at the agreed rate and on the agreed
terms.
       (c)  The contract must include terms relating to
intellectual property rights consistent with the standards
developed by the oversight committee under Section 102.256.
       Sec. 102.256.  PATENT ROYALTIES AND LICENSE REVENUES PAID TO
STATE. (a)  The oversight committee shall establish standards that
require all grants and loan awards to be subject to an intellectual
property agreement that allows the state to collect royalties,
income, and other benefits realized as a result of projects
undertaken with money awarded under Subchapter E.
       (b)  In determining the state's interest in any intellectual
property rights, the oversight committee shall balance the
opportunity of the state to benefit from the patents, royalties,
licenses, and other benefits that result from basic research,
therapy development, and clinical trials with the need to ensure
that essential medical research is not unreasonably hindered by the
intellectual property agreement and that the agreement does not
unreasonably remove the incentive on the part of the individual
researcher, research team, or institution.
       Sec. 102.257.  MULTIYEAR PROJECTS. The oversight committee
may grant funds for a multiyear project. All the money needed to
fund a multiyear project must be awarded in the state fiscal year
that the project is approved by the research committee. The
institute shall distribute only the money that will be expended
during that fiscal year. The remaining money shall be maintained in
an escrow account to be distributed by the institute in subsequent
years of the project.
       Sec. 102.258.  PREFERENCE FOR TEXAS SUPPLIERS. The
oversight committee shall establish standards to ensure that grant
recipients purchase goods and services from suppliers in this state
to the extent reasonably possible, in a good faith effort to achieve
a goal of more than 50 percent of such purchases from suppliers in
this state.
       Sec. 102.259.  PEER REVIEW. The research committee shall
require a peer review progress oversight review of each grant
recipient to ensure compliance with the terms of the award and to
ensure the scientific merit of the research. The research
committee shall report to the oversight committee any
recommendations for subsequent actions.
       Sec. 102.260.  MEDICAL ETHICS. Any research project that
receives money under Subchapter E must:
             (1)  be conducted with full consideration for the
ethical and medical implications of the research; and
             (2)  comply with all federal and state laws regarding
the conduct of research.
       [Sec. 102.008.  MEETINGS. (a)  The council shall meet at the
call of the presiding officer.
       [(b)  The council shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the council and to speak on any issue under the jurisdiction of the
council.
       [Sec. 102.009.  POWERS AND DUTIES OF COUNCIL. (a)  The
council shall:
             [(1)work to implement the Texas Cancer Plan;
             [(2)  continually monitor and revise the Texas Cancer
Plan as necessary;
             [(3)  promote the development and coordination of
effective and efficient statewide public and private policies,
programs, and services related to cancer; and
             [(4)  encourage cooperative, comprehensive, and
complementary planning among the public, private, and volunteer
sectors involved in cancer research, prevention, detection, and
treatment.
       [(b)The council may:
             [(1)employ an executive director;
             [(2)  appoint advisory committees necessary to
implement the Texas Cancer Plan and employ necessary staff to
provide administrative support;
             [(3)  monitor contracts and agreements for cancer
programs authorized by this chapter;
             [(4)conduct necessary studies and surveys;
             [(5)  accept, transfer, and spend funds made available
by the federal or state government or by any other public or private
source, subject to limitations and conditions prescribed by
legislative appropriation; and
             [(6)  use the existing staff of an appointed official
or agency to assist the council in performing its duties under this
chapter.
       [(c)  The Texas Cancer Council and/or its contracted
projects shall maintain for physicians a listing of available
continuing medical education courses in pain treatment offered by
accredited Texas medical and osteopathic schools, hospitals,
health care facilities, or professional societies or associations
for physicians.
       [Sec. 102.010.  GRANT PROGRAM. (a)  If funds are available,
the council may establish a grant program to provide funds to public
or private persons to implement the Texas Cancer Plan.
       [(b)  The council shall adopt rules governing the submission
and approval of grant requests and the cancellation of grants.
       [(c)  To receive a grant, a person whose grant request is
approved must execute an interagency agreement or a contract with
the council. The contract must require the person receiving the
grant to perform the services as stated in the approved grant
request. The contract must contain appropriate provisions for
program and fiscal monitoring.
       [Sec. 102.011.  STANDARDS OF CONDUCT. The executive
director or the executive director's designee shall provide to
members of the council and to council employees, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
       [Sec. 102.012.  CANCER RESOURCE FUND. (a)  The cancer
resource fund is an account of the general revenue fund.
       [(b)  The legislature may appropriate money deposited to the
credit of the cancer resource fund only to the council for cancer
prevention, cancer research, and medical care for cancer victims.
       [(c)  The council shall develop a policy governing the award
of funds for clinical research that follows scientific peer review
and approval by the National Cancer Institute of the National
Institutes of Health or that follows other review procedures that
are designed to distribute those funds on the basis of scientific
merit.
       [(d)  Interest earned from the investment of the cancer
resource fund shall be deposited to the credit of the fund.
       [Sec. 102.013.  TRAINING. (a)  A person who is appointed to
and qualifies for office as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the council until the person completes a training program that
complies with this section.
       [(b)  The training program must provide the person with
information regarding:
             [(1)the legislation that created the council;
             [(2)the programs operated by the council;
             [(3)the role and functions of the council;
             [(4)  the rules of the council, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
             [(5)the current budget for the council;
             [(6)  the results of the most recent formal audit of the
council;
             [(7)the requirements of:
                   [(A)  the open meetings law, Chapter 551,
Government Code;
                   [(B)  the public information law, Chapter 552,
Government Code;
                   [(C)  the administrative procedure law, Chapter
2001, Government Code; and
                   [(D)  other laws relating to public officials,
including conflict of interest laws; and
             [(8)  any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
       [(c)  A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
       [Sec. 102.014.  SEPARATION OF RESPONSIBILITIES. The council
shall develop and implement policies that clearly separate the
policymaking responsibilities of the council and the management
responsibilities of the executive director and the staff of the
council.
       [Sec. 102.015.  COMPLAINTS. (a)  The council shall maintain
a file on each written complaint filed with the council. The file
must include:
             [(1)the name of the person who filed the complaint;
             [(2)  the date the complaint is received by the
council;
             [(3)the subject matter of the complaint;
             [(4)  the name of each person contacted in relation to
the complaint;
             [(5)  a summary of the results of the review or
investigation of the complaint; and
             [(6)  an explanation of the reason the file was closed,
if the council closed the file without taking action other than to
investigate the complaint.
       [(b)  The council shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the council's policies and procedures relating to complaint
investigation and resolution.
       [(c)  The council, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
       [Sec. 102.016.  EQUAL EMPLOYMENT OPPORTUNITY. (a)  The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
       [(b)The policy statement must include:
             [(1)  personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the council to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
             [(2)  an analysis of the extent to which the
composition of the council's personnel is in accordance with state
and federal law and a description of reasonable methods to achieve
compliance with state and federal law.
       [(c)The policy statement must:
             [(1)be updated annually;
             [(2)  be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
             [(3)be filed with the governor's office.
       [Sec. 102.017.  TEXANS CONQUER CANCER ACCOUNT. (a)  The
Texans Conquer Cancer account is a separate account in the general
revenue fund. The account is composed of:
             [(1)  money deposited to the credit of the account
under Section 502.2735, Transportation Code; and
             [(2)gifts, grants, and donations.
       [(b)  The council administers the account. The council may
spend money credited to the account only to:
             [(1)  make grants to nonprofit organizations that
provide support services for cancer patients and their families;
and
             [(2)defray the cost of administering the account.
       [(c)The council:
             [(1)  may accept gifts, donations, and grants from any
source for the benefit of the account; and
             [(2)  by rule shall establish guidelines for spending
money credited to the account.
       [Sec. 102.018.  TEXANS CONQUER CANCER ADVISORY COMMITTEE.
(a)  The council shall appoint a seven-member Texans Conquer Cancer
advisory committee.
       [(b)The committee shall:
             [(1)  assist the council in establishing guidelines for
the expenditure of money credited to the Texans Conquer Cancer
account; and
             [(2)  review and make recommendations to the council on
applications submitted to the council for grants funded with money
credited to the Texans Conquer Cancer account.
       [(c)  Members of the committee serve without compensation
and are not entitled to reimbursement for expenses. Each member
serves a term of four years, with the terms of three or four members
expiring on January 31 of each odd-numbered year.
       [(d)  Section 2110.008, Government Code, does not apply to
the committee.]
       SECTION 3.  Section 504.017, Labor Code, is amended to read
as follows:
       Sec. 504.017.  FEDERAL AND STATE FUNDED TRANSPORTATION
ENTITIES.  An entity is eligible to participate under Section
504.016 or Chapter 791 or 2259, Government Code, if the entity
provides transportation subsidized in whole or in part by and
provided to clients of:
             (1)  the [Texas] Department of Assistive and
Rehabilitative Services [on Aging];
             (2)  the Department of State Health Services [Texas
Commission on Alcohol and Drug Abuse];
             (3)  [the Texas Commission for the Blind;
             [(4)the Texas Cancer Council;
             [(5)  the Texas Commission for the Deaf and Hard of
Hearing;
             [(6)]  the Texas Department of Housing and Community
Affairs;
             (4) [(7)]  the Health and [Texas Department of] Human
Services Commission;
             (5) [(8)]  the [Texas] Department of Aging and
Disability Services [Mental Health and Mental Retardation];
             [(9)the Texas Rehabilitation Commission;] or
             (6) [(10)]  the Texas Youth Commission.
       SECTION 4.  Section 504.620, Transportation Code, is amended
to read as follows:
       Sec. 504.620.  TEXANS CONQUER CANCER LICENSE PLATES. (a)  
The department shall issue specialty license plates that include
the words "Texans Conquer Cancer." The department shall design the
license plates in consultation with the Cancer Research Institute
of Texas [Cancer Council].
       (b)  After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the cancer research fund [Texans
Conquer Cancer account] established by Section 102.201 [102.017],
Health and Safety Code.
       SECTION 5.  Section 86.011(c), Health and Safety Code, is
repealed.
       SECTION 6.  (a) Not later than December 1, 2007, the
governor shall appoint the members to the Cancer Research Institute
of Texas Oversight Committee as required by Section 102.101, Health
and Safety Code, as added by this Act. In making the initial
appointments to the oversight committee, the governor shall
designate four members for terms expiring February 1, 2008, and
five members for terms expiring February 1, 2009. The oversight
committee may not take action until a majority of the appointed
members have taken office.
       (b)  Not later than December 1, 2007, the governor and the
other appointing authorities specified by Section 102.151, Health
and Safety Code, as added by this Act, shall appoint the members to
the Cancer Research Institute of Texas Scientific Research
Committee as required by that section. In making the initial
appointments to the research committee, the governor shall
designate four voting members and one nonvoting member for terms
expiring February 1, 2008, and five voting members and one
nonvoting member for terms expiring February 1, 2009. The research
committee may not take action until a majority of the appointed
members have taken office.
       SECTION 7.  (a)  On the date on which a majority of the
initial appointed members of the Cancer Research Institute of Texas
Oversight Committee have taken office, the Texas Cancer Council is
abolished and all powers, duties, obligations, rights, contracts,
leases, records, property, and unspent and unobligated
appropriations and other funds of the Texas Cancer Council are
transferred to the Cancer Research Institute of Texas.
       (b)  The abolishment of the Texas Cancer Council does not
affect the validity of a right, privilege, or obligation accrued, a
contract or acquisition made, any liability incurred, a permit or
license issued, any penalty, forfeiture, or punishment assessed, a
rule adopted, a proceeding, investigation, or remedy begun, a
decision made, or other action taken by or in connection with the
Texas Cancer Council.
       (c)  All rules, policies, procedures, and decisions of the
Texas Cancer Council are continued in effect as rules, policies,
procedures, and decisions of the Cancer Research Institute of Texas
until superseded by a rule or other appropriate action of the Cancer
Research Institute of Texas.
       (d)  Any action or proceeding before the Texas Cancer Council
is transferred without change in status to the Cancer Research
Institute of Texas, and the Cancer Research Institute of Texas
assumes, without a change in status, the position of the Texas
Cancer Council in any action or proceeding to which the Texas Cancer
Council is a party.
       (e)  The Cancer Research Institute of Texas is authorized to
employ the same number of full-time equivalent employees as the
Texas Cancer Council to exercise the powers and perform the duties
transferred under this section. The executive director of the
Texas Cancer Council serving on the effective date of this Act does
not automatically become the executive director of the Cancer
Research Institute of Texas. To become the executive director of
the Cancer Research Institute of Texas, a person must apply for the
position and the person's employment in that capacity must be
approved by the oversight committee.
       (f)  An employee of the Texas Cancer Council employed on the
effective date of this Act does not automatically become an
employee of the Cancer Research Institute of Texas. To become an
employee of the Cancer Research Institute of Texas, a person must
apply for a position at the Cancer Research Institute of Texas and
the person's employment in that capacity must be approved by the
executive director of the institute.
       (g)  A fund, foundation, or account administered by the Texas
Cancer Council is not considered to be abolished and re-created by
this Act but is considered to be transferred to the Cancer Research
Institute of Texas.
       (h)  Until the date the Texas Cancer Council is abolished as
provided by Subsection (a) of this section, the Texas Cancer
Council shall continue to exercise the powers and perform the
duties assigned to the Texas Cancer Council under the law as it
existed immediately before the effective date of this Act or as
modified by another Act of the 80th Legislature, Regular Session,
2007, that becomes law, and the former law is continued in effect
for that purpose.
       SECTION 8.  On or after the effective date of this Act, any
amount remaining in or payable to the credit of the cancer resource
fund under Section 102.012, Health and Safety Code, and the Texans
Conquer Cancer account under Section 102.017, Health and Safety
Code, as those sections existed before repeal by this Act, shall be
transferred to the credit of the cancer research fund established
under Section 102.201, Health and Safety Code, as added by this Act.
       SECTION 9.  This Act takes effect on the date on which the
constitutional amendment proposed by the 80th Legislature, Regular
Session, 2007, establishing the Cancer Research Institute of Texas
is approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.