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A BILL TO BE ENTITLED
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AN ACT
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relating to the Cancer Prevention and Research Institute of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Research and prevention programs committee" |
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means the Cancer Prevention and Research Institute of Texas |
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Scientific Research and Prevention Programs committees appointed |
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by the executive director [Committee]. |
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SECTION 2. Subchapter B, Chapter 102, Health and Safety |
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Code, is amended by adding Section 102.056 to read as follows: |
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Sec. 102.056. SALARY. The institute may supplement the |
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salary of the executive director and other senior institute staff |
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members. Funding for a salary supplement may come from gifts, |
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grants, donations, or appropriations. |
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SECTION 3. Section 102.103(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Oversight committee members appointed by the governor, |
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lieutenant governor, and speaker of the house serve staggered |
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six-year [four-year] terms, with the terms of three members |
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expiring on January 31 of each odd-numbered year. |
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SECTION 4. Subchapter C, Chapter 102, Health and Safety |
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Code, is amended by adding Section 102.108 to read as follows: |
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Sec. 102.108. RULEMAKING AUTHORITY. The oversight |
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committee may adopt rules to administer this chapter. |
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SECTION 5. Section 102.151, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (d) to read as follows: |
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(a-1) The executive director, with approval by simple |
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majority of the members of the oversight committee, shall appoint |
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as members of scientific research and prevention programs |
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committees experts in the field of cancer research and prevention. |
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(d) A member of a scientific research and prevention |
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programs committee may receive an honorarium. Subchapter B, |
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Chapter 2254, Government Code, does not apply to an honorarium made |
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to a committee member under this chapter. |
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SECTION 6. Section 102.152, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 102.152. TERMS OF RESEARCH AND PREVENTION PROGRAMS |
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COMMITTEE MEMBERS. Members of a [the] research and prevention |
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programs committee serve for [four-year] terms as determined by the |
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executive director. |
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SECTION 7. The heading to Subchapter D, Chapter 102, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER D. COMMITTEES [RESEARCH AND PREVENTION PROGRAMS
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COMMITTEE] |
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SECTION 8. Section 102.153, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 102.153. EXPENSES. Members of the university advisory |
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committee or any ad hoc advisory committee appointed under this |
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subchapter [the research and prevention programs committee] serve |
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without compensation but are entitled to reimbursement for actual |
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and necessary expenses in attending meetings of the committee or |
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performing other official duties authorized by the presiding |
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officer. |
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SECTION 9. Subchapter D, Chapter 102, Health and Safety |
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Code, is amended by adding Sections 102.154, 102.155, and 102.156 |
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to read as follows: |
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Sec. 102.154. UNIVERSITY ADVISORY COMMITTEE. (a) The |
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Cancer Prevention and Research Institute of Texas University |
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Advisory Committee is composed of the following members: |
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(1) two members appointed by the chancellor of The |
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University of Texas System to represent: |
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(A) The University of Texas Southwestern Medical |
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Center at Dallas; |
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(B) The University of Texas Medical Branch at |
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Galveston; |
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(C) The University of Texas Health Science Center |
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at Houston; |
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(D) The University of Texas Health Science Center |
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at San Antonio; |
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(E) The University of Texas Health Center at |
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Tyler; or |
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(F) The University of Texas M. D. Anderson Cancer |
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Center; |
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(2) one member appointed by the chancellor of The |
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Texas A&M University System to represent: |
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(A) The Texas A&M University System Health |
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Science Center; or |
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(B) the teaching hospital for The Texas A&M |
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Health Science Center College of Medicine; |
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(3) one member appointed by the chancellor of the |
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Texas Tech University System to represent the Texas Tech University |
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Health Sciences Center; |
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(4) one member appointed by the chancellor of the |
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University of Houston System to represent the system; |
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(5) one member appointed by the chancellor of the |
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Texas State University System to represent the system; |
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(6) one member appointed by the chancellor of the |
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University of North Texas System to represent the system; |
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(7) one member appointed by the president of Baylor |
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College of Medicine; |
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(8) one member appointed by the president of Rice |
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University; and |
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(9) members appointed at the executive director's |
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discretion by the chancellors of other institutions. |
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(b) The university advisory committee shall advise the |
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oversight committee and a research and prevention programs |
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committee regarding the role of institutions of higher education in |
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cancer research. |
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Sec. 102.155. AD HOC ADVISORY COMMITTEE. (a) The oversight |
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committee shall create an ad hoc committee of experts to address |
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childhood cancers. The oversight committee, as necessary, may |
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create additional ad hoc committees of experts to advise the |
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oversight committee on issues relating to cancer. |
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(b) Ad hoc committee members shall serve for a period |
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determined by the oversight committee. |
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Sec. 102.156. CONFLICT OF INTEREST. (a) A member of a |
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research and prevention programs committee, the university |
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advisory committee, or any ad hoc committee appointed under this |
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subchapter shall disclose in writing to the executive director if |
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the member has an interest in a matter that comes before the |
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member's committee or has a substantial financial interest in an |
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entity that has a direct interest in the matter. |
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(b) The member shall recuse himself or herself from the |
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committee's deliberations and actions on the matter in Subsection |
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(a) and may not participate in the committee's decision on the |
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matter. |
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(c) A person has a substantial financial interest in an |
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entity if the person: |
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(1) is an employee, member, director, or officer of |
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the entity; or |
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(2) owns or controls, directly or indirectly, more |
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than a five percent interest in the entity. |
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SECTION 10. Sections 102.203(c) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(c) A person receiving money under this subchapter for |
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cancer research may not spend more than five percent of the money |
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for indirect costs. For purposes of this subsection, "indirect |
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costs" means the expenses of doing business that are not readily |
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identified with a particular grant, contract, project, function, or |
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activity, but are necessary for the general operation of the |
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organization or the performance of the organization's activities. |
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(d) Not more than five percent of the money awarded under |
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this subchapter may be used for facility purchase, construction, |
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remodel, or renovation purposes during any year. Expenditures of |
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money awarded under this subchapter for facility purchase, |
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construction, remodel, or renovation projects must benefit cancer |
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prevention and research. |
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SECTION 11. Section 102.251, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 102.251. RULES FOR GRANT AWARD PROCEDURE [DUTIES OF
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SCIENTIFIC RESEARCH AND PREVENTION PROGRAMS COMMITTEE]. (a) The |
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oversight committee shall issue rules regarding the procedure for |
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awarding grants to an applicant under this chapter. The rules must |
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include the following procedures: |
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(1) a [The] research and prevention programs committee |
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shall review grant applications and make recommendations to the |
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executive director [oversight committee] regarding the award of |
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cancer research grants, including a prioritized list that ranks the |
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grant applications in the order the committee determines |
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applications should be funded; and |
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(2) the executive director shall submit to the |
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oversight committee a list of grant applications that is |
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substantially based on the list submitted by the committee under |
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Subdivision (1) and, to the extent possible, gives[, therapy
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development, and clinical trial grants.
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[(b)
The ex officio members of the research and prevention
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programs committee may participate in the review and discussion of
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grant applications but may not vote on recommendations to the
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oversight committee. In making recommendations to the oversight
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committee, the research and prevention programs committee shall
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give] priority to proposals that: |
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(A) [(1)] could lead to immediate or long-term |
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medical and scientific breakthroughs in the area of cancer |
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prevention or cures for cancer; |
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(B) [(2)] strengthen and enhance fundamental |
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science in cancer research; |
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(C) [(3)] ensure a comprehensive coordinated |
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approach to cancer research; |
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(D) [(4)] are interdisciplinary or |
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interinstitutional; |
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(E) [(5)] address federal or other major |
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research sponsors' priorities in emerging scientific or technology |
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fields in the area of cancer prevention or cures for cancer; |
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(F) [(6)] are matched with funds available by a |
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private or nonprofit entity and institution or institutions of |
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higher education; |
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(G) [(7)] are collaborative between any |
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combination of private and nonprofit entities, public or private |
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agencies or institutions in this state, and public or private |
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institutions outside this state; |
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(H) [(8)] have a demonstrable economic |
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development benefit to this state; |
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(I) [(9)] enhance research superiority at |
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institutions of higher education in this state by creating new |
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research superiority, attracting existing research superiority |
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from institutions not located in this state and other research |
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entities, or enhancing existing research superiority by attracting |
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from outside this state additional researchers and resources; and |
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(J) [(10)] expedite innovation and |
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commercialization, attract, create, or expand private sector |
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entities that will drive a substantial increase in high-quality |
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jobs, and increase higher education applied science or technology |
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research capabilities. |
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(b) [(c)] A member of a [the] research and prevention |
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programs committee may not attempt to use the committee member's |
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official position to influence a decision to approve or award a |
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grant or contract to the committee member's employer. |
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SECTION 12. Section 102.252, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 102.252. OVERRIDING [RESEARCH AND PREVENTION PROGRAMS
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COMMITTEE] RECOMMENDATIONS. The oversight committee must follow |
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the funding recommendations of the executive director in the order |
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the executive director submits the applications to the oversight |
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committee [research and prevention programs committee] unless |
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two-thirds of the members of the oversight committee vote to |
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disregard a recommendation. |
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SECTION 13. Section 102.255(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) Before the oversight committee may make for cancer |
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research any grant of any proceeds of the bonds issued under |
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Subchapter E, the recipient of the grant must have an amount of |
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funds equal to one-half of the grant dedicated to the research that |
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is the subject of the grant request. |
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SECTION 14. Section 102.260, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 102.260. GRANT EVALUATION [PEER REVIEW]. (a) The |
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oversight [research and prevention programs] committee shall |
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require as a condition of a grant that the [a peer review progress
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oversight review of each] grant recipient submit to regular |
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inspection reviews of the grant project by institute staff, |
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including progress oversight reviews, to ensure compliance with the |
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terms of the award and to ensure the scientific merit of the |
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research[.
The research
and prevention programs committee shall
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report to the oversight committee any recommendations for
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subsequent actions]. |
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(b) The executive director shall determine the grant review |
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process under this section. The executive director may terminate |
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grants that do not meet contractual obligations. |
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(c) The executive director shall report at least annually to |
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the oversight committee on the progress and continued merit of each |
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research program funded by the institute. |
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SECTION 15. Subchapter F, Chapter 102, Health and Safety |
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Code, is amended by adding Section 102.262 to read as follows: |
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Sec. 102.262. PUBLIC INFORMATION. The following |
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information is public information and may be disclosed under |
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Chapter 552, Government Code: |
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(1) the applicant's name and address; |
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(2) the amount of funding applied for; |
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(3) the type of cancer to be addressed under the |
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proposal; and |
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(4) any other information designated by the institute |
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with the consent of the grant applicant. |
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SECTION 16. Sections 102.151(a) and (c), Health and Safety |
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Code, are repealed. |
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SECTION 17. Not later than December 1, 2009, the governor, |
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lieutenant governor, and speaker of the house of representatives |
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each shall designate one member of the Cancer Prevention and |
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Research Institute of Texas Oversight Committee appointed by that |
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person to serve a term expiring January 31, 2011, one member |
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appointed by that person to serve a term expiring January 31, 2013, |
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and one member appointed by that person to serve a term expiring |
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January 31, 2015. |
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SECTION 18. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |