By: Keffer, et al. Senate Sponsor-Nelson H.J.R. No. 90
       (In the Senate - Received from the House May 10, 2007;
May 14, 2007, read first time and referred to Committee on Finance;
May 19, 2007, reported favorably by the following vote:  Yeas 12,
Nays 0; May 19, 2007, sent to printer.)
 
 
HOUSE JOINT RESOLUTION
proposing a constitutional amendment providing for the
establishment of the Cancer Prevention and Research Institute of
Texas and authorizing the issuance of general obligation bonds for
the purpose of scientific research of all forms of human cancer.
       BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article III, Texas Constitution, is amended by
adding Section 67 to read as follows:
       Sec. 67.  (a)  The legislature shall establish the Cancer
Prevention and Research Institute of Texas to:
             (1)  make grants to provide funds to public or private
persons to implement the Texas Cancer Plan, and 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, including translational research,
to develop therapies, protocols, medical pharmaceuticals, or
procedures for the cure 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; and
             (3)  establish the appropriate standards and oversight
bodies to ensure the proper use of funds authorized under this
provision for cancer research and facilities development.
       (b)  The members of the governing body and any other
decision-making body of the Cancer Prevention and Research
Institute of Texas may serve four-year terms.
       (c)  The legislature by general law may authorize the Texas
Public Finance Authority to provide for, issue, and sell general
obligation bonds of the State of Texas on behalf of the Cancer
Prevention and Research Institute of Texas in an amount not to
exceed $3 billion and to enter into related credit agreements. The
bonds shall be executed in the form, on the terms, and in the
denominations, bear interest, and be issued in installments as
prescribed by the Texas Public Finance Authority.
       (d)  Proceeds from the sale of the bonds shall be deposited
in separate funds or accounts, as provided by general law, within
the state treasury to be used by the Cancer Prevention and Research
Institute of Texas for the purposes of this section without
appropriation.
       (e)  Notwithstanding any other provision of this
constitution, the Cancer Prevention and Research Institute of
Texas, which is established in state government, may use the
proceeds from bonds issued under Subsection (c) of this section and
federal or private grants and gifts to pay for:
             (1)  grants for cancer research, for research
facilities, and for research opportunities in this state to develop
therapies, protocols, medical pharmaceuticals, or procedures for
the cure or substantial mitigation of all types of cancer in humans;
             (2)  grants for cancer prevention and control programs
in this state to mitigate the incidence of all types of cancer in
humans;
             (3)  the purchase, subject to approval by the Cancer
Prevention and Research Institute, of laboratory facilities by or
on behalf of a state agency or grant recipient; and
             (4)  the operation of the Cancer Prevention and
Research Institute of Texas.
       (f)  The bond proceeds may be used to pay the costs of issuing
the bonds and any administrative expense related to the bonds.
       (g)  While any of the bonds or interest on the bonds
authorized by this section is outstanding and unpaid, from the
first money coming into the state treasury in each fiscal year not
otherwise appropriated by this constitution, an amount sufficient
to pay the principal of and interest on bonds that mature or become
due during the fiscal year and to make payments that become due
under a related credit agreement during the fiscal year is
appropriated, less the amount in the sinking fund at the close of
the previous fiscal year.
       (h)  Bonds issued under this section, after approval by the
attorney general, registration by the comptroller of public
accounts, and delivery to the purchasers, are incontestable and are
general obligations of the State of Texas under this constitution.
       (i)  Before the Cancer Prevention and Research Institute of
Texas may make a grant of any proceeds of the bonds issued under
this section, the recipient of the grant must have an amount of
funds equal to one-half the amount of the grant dedicated to the
research that is the subject of the grant request.
       (j)  The Texas Public Finance Authority shall consider using
a business whose principal place of business is located in the state
to issue the bonds authorized by this section and shall include
using a historically underutilized business as defined by general
law.
       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 requiring the creation
of the Cancer Prevention and Research Institute of Texas and
authorizing the issuance of up to $3 billion in bonds payable from
the general revenues of the state for research in Texas to find the
causes of and cures for cancer."
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