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HOUSE JOINT RESOLUTION
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proposing a constitutional amendment providing for the |
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establishment of the Cancer Prevention and Research Institute of |
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Texas and authorizing the issuance of general obligation bonds for |
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the purpose of scientific research of all forms of human cancer. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 67 to read as follows: |
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Sec. 67. (a) The legislature shall establish the Cancer |
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Prevention and Research Institute of Texas to: |
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(1) make grants to provide funds to public or private |
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persons to implement the Texas Cancer Plan, and to institutions of |
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learning and to advanced medical research facilities and |
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collaborations in this state for: |
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(A) research into the causes of and cures for all |
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forms of cancer in humans; |
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(B) facilities for use in research into the |
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causes of and cures for cancer; and |
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(C) research, including translational research, |
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to develop therapies, protocols, medical pharmaceuticals, or |
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procedures for the cure or substantial mitigation of all types of |
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cancer in humans; |
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(2) support institutions of learning and advanced |
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medical research facilities and collaborations in this state in all |
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stages in the process of finding the causes of all types of cancer |
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in humans and developing cures, from laboratory research to |
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clinical trials and including programs to address the problem of |
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access to advanced cancer treatment; and |
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(3) establish the appropriate standards and oversight |
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bodies to ensure the proper use of funds authorized under this |
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provision for cancer research and facilities development. |
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(b) The members of the governing body and any other |
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decision-making body of the Cancer Prevention and Research |
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Institute of Texas may serve four-year terms. |
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(c) The legislature by general law may authorize the Texas |
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Public Finance Authority to provide for, issue, and sell general |
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obligation bonds of the State of Texas on behalf of the Cancer |
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Prevention and Research Institute of Texas in an amount not to |
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exceed $3 billion and to enter into related credit agreements. The |
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bonds shall be executed in the form, on the terms, and in the |
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denominations, bear interest, and be issued in installments as |
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prescribed by the Texas Public Finance Authority. |
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(d) Proceeds from the sale of the bonds shall be deposited |
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in separate funds or accounts, as provided by general law, within |
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the state treasury to be used by the Cancer Prevention and Research |
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Institute of Texas for the purposes of this section without |
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appropriation. |
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(e) Notwithstanding any other provision of this |
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constitution, the Cancer Prevention and Research Institute of |
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Texas, which is established in state government, may use the |
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proceeds from bonds issued under Subsection (c) of this section and |
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federal or private grants and gifts to pay for: |
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(1) grants for cancer research, for research |
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facilities, and for research opportunities in this state to develop |
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therapies, protocols, medical pharmaceuticals, or procedures for |
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the cure or substantial mitigation of all types of cancer in humans; |
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(2) grants for cancer prevention and control programs |
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in this state to mitigate the incidence of all types of cancer in |
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humans; |
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(3) the purchase, subject to approval by the Cancer |
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Prevention and Research Institute, of laboratory facilities by or |
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on behalf of a state agency or grant recipient; and |
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(4) the operation of the Cancer Prevention and |
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Research Institute of Texas. |
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(f) The bond proceeds may be used to pay the costs of issuing |
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the bonds and any administrative expense related to the bonds. |
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(g) While any of the bonds or interest on the bonds |
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authorized by this section is outstanding and unpaid, from the |
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first money coming into the state treasury in each fiscal year not |
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otherwise appropriated by this constitution, an amount sufficient |
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to pay the principal of and interest on bonds that mature or become |
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due during the fiscal year and to make payments that become due |
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under a related credit agreement during the fiscal year is |
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appropriated, less the amount in the sinking fund at the close of |
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the previous fiscal year. |
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(h) Bonds issued under this section, after approval by the |
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attorney general, registration by the comptroller of public |
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accounts, and delivery to the purchasers, are incontestable and are |
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general obligations of the State of Texas under this constitution. |
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(i) Before the Cancer Prevention and Research Institute of |
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Texas may make a grant of any proceeds of the bonds issued under |
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this section, the recipient of the grant must have an amount of |
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funds equal to one-half the amount of the grant dedicated to the |
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research that is the subject of the grant request. |
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(j) The Texas Public Finance Authority shall consider using |
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a business whose principal place of business is located in the state |
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to issue the bonds authorized by this section and shall include |
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using a historically underutilized business as defined by general |
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law. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment requiring the creation |
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of the Cancer Prevention and Research Institute of Texas and |
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authorizing the issuance of up to $3 billion in bonds payable from |
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the general revenues of the state for research in Texas to find the |
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causes of and cures for cancer." |
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