80R9838 MCK-F
 
  By: Nelson S.J.R. No. 43
 
 
 
   
 
 
A JOINT RESOLUTION
proposing a constitutional amendment providing for the
establishment of the Cancer 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
Research Institute of Texas to:
             (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; 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 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
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.
       (c)  Proceeds from the sale of the bonds shall be deposited
in a separate account within the state treasury created by the
comptroller of public accounts for this purpose to be used by the
Cancer Research Institute of Texas for the purposes of this section
without appropriation.
       (d)  Notwithstanding any other provision of this
constitution, the Cancer Research Institute of Texas, which is
established in state government, may use the proceeds from bonds
issued under Subsection (b) of this section and federal or private
grants and gifts to pay for:
             (1)  grants and loans for cancer research, for research
facilities, and for research opportunities in this state to develop
therapies, protocols, medical pharmaceuticals, or 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 Cancer Research Institute of
Texas.
       (e)  The maximum net effective interest rate to be borne by
bonds issued under this section may be set by general law.
       (f)  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.
       (g)  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.
       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 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."