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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain institutions of higher |
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education in this state to use private money to perform scientific |
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research regarding regenerative or reparative medical therapies or |
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treatments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.949 to read as follows: |
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Sec. 51.949. USE OF PRIVATE MONEY FOR RESEARCH REGARDING |
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CERTAIN REGENERATIVE OR REPARATIVE MEDICAL THERAPIES OR |
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TREATMENTS. (a) A public or private institution of higher |
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education may use money from private sources to perform scientific |
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research relating to regenerative or reparative medical therapies |
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or treatments regardless of whether that research has been |
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specifically approved by the state or federal government, provided |
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that the institution complies with all state or federal legal, |
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fiscal, or administrative requirements governing the research. |
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(b) A public or private institution of higher education |
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shall maintain in a separate account all revenue from private |
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sources that the institution intends to use for the purposes of |
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performing the research described by Subsection (a). The |
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institution may not commingle that revenue with any other state or |
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federal money. |
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(c) Each public or private institution of higher education |
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shall: |
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(1) ensure compliance with all applicable |
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requirements regarding use of state or federal money as necessary |
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to obtain public funds in the maximum amount and the most |
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advantageous proportions possible; |
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(2) seek funding in a manner that maximizes the total |
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amount of money available from federal, state, and private sources |
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for regenerative or reparative medical therapies or treatments; and |
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(3) authorize and account for the classification and |
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spending of funds from all sources in carrying out regenerative or |
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reparative medical therapies or treatments. |
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(d) Each public or private institution of higher education |
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shall establish a review board and require the board to review the |
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research program and all related practices and procedures in the |
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program periodically to ensure the necessary compliance with state |
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and federal law. The review board may recommend and the institution |
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of higher education may adopt practices and procedures for the |
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program that are stricter than those required under state or |
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federal law. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |