80R2829 JTS-F

By: Thompson H.J.R. No. 43

A JOINT RESOLUTION

proposing a constitutional amendment establishing the Texas Institute for Regenerative Medicine, authorizing the issuance of bonds for the purposes of the institute, and prohibiting the legislature from prohibiting stem cell research.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article XVI, Texas Constitution, is amended by adding Sections 73 and 74 to read as follows:

Sec. 73. (a) The legislature shall establish the Texas Institute for Regenerative Medicine to:

(1) make grants and loans to institutions of higher education and advanced medical research facilities in this state for:

(A) stem cell research;

(B) facilities for stem cell research; and

(C) other vital research opportunities to develop therapies, protocols, or medical procedures that will result in, as speedily as possible, the cure for, or substantial mitigation of, major diseases, injuries, and orphan diseases;

(2) support institutions of higher education and advanced medical research facilities in this state in all stages of the process of developing cures using regenerative medicine, from laboratory research through successful clinical trials; and

(3) establish the appropriate regulatory standards and oversight bodies for regenerative medicine research and facilities development.

(b) Money authorized for, or made available to, the institute may not be used for research involving human reproductive cloning.

(c) The Texas Public Finance Authority shall issue and sell general obligation bonds of the State of Texas in an aggregate amount of $900 million over a six-year period. The Texas Public Finance Authority shall issue bonds in the amount of $112.5 million per year in the first three years and $187.5 million per year in the subsequent three years.

(d) The proceeds from the sale of the bonds shall be deposited in the stem cell research account in the state treasury or its successor account to be used by the Texas Institute for Regenerative Medicine without further appropriation for the purposes of this section.

(e) The expenses incurred in connection with the issuance of the bonds and the costs of administering this section may be paid from money in the stem cell research account.

(f) Bonds authorized under this section are a general obligation of the state. While any of the bonds or interest on the bonds is outstanding and unpaid, there is appropriated out of the first money coming into the treasury in each fiscal year, not otherwise appropriated by this constitution, the amount sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal year, less any amounts in the interest and sinking accounts at the close of the preceding fiscal year that are pledged to payment of the bonds or interest.

(g) Notwithstanding any other provision of this constitution, the institute, which is established in state government, may use money from the bonds issued under Subsection (c) and federal or private grants to fund the institute's:

(1) operations;

(2) medical and scientific research, including therapy development through clinical trials; and

(3) facilities.

Sec. 74. (a) In this section:

(1) "Pluripotent stem cells" means cells that are capable of self-renewal and have broad potential to differentiate into multiple adult cell types.

(2) "Progenitor cells" are multipotent or precursor cells that are partially differentiated but retain the ability to divide and give rise to differentiated cells.

(b) The legislature may not prohibit the performance of stem cell research, including research involving:

(1) adult stem cells;

(2) cord blood stem cells;

(3) pluripotent stem cells derived from:

(A) somatic cell nuclear transfer; or

(B) surplus products of in vitro fertilization treatments, if the products are donated under appropriate informed consent procedures; and

(4) progenitor cells.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment establishing the Texas Institute for Regenerative Medicine, authorizing the issuance of bonds for the purposes of the institute, and prohibiting the legislature from banning stem cell research."