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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an adult stem cell research |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 3, Education Code, is amended |
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by adding Chapter 156 to read as follows: |
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CHAPTER 156. ADULT STEM CELL RESEARCH PROGRAM |
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Sec. 156.001. DEFINITIONS. In this chapter: |
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(1) "Adult stem cell" means an undifferentiated cell |
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that is: |
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(A) found among differentiated cells in tissues |
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or fluids; and |
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(B) able to renew itself and differentiate to |
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yield all or nearly all of the specialized cell types needed for |
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clinical applications. |
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(2) "Consortium" means the Texas Adult Stem Cell |
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Research Consortium. |
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(3) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(4) "Institution of higher education" means an |
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institution of higher education as defined by Section 61.003 or a |
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private college or university that receives state funds. |
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(5) "Multi-institutional, multi-investigator |
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research project" means a research project conducted by two or more |
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cooperating members of the consortium involving one or more |
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researchers from each member of the consortium conducting the |
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research project. |
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(6) "Program" means the adult stem cell research |
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program established under this chapter. |
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(7) "Research oversight committee" means the Texas |
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Adult Stem Cell Research Oversight Committee. |
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Sec. 156.002. PURPOSE. The Texas Adult Stem Cell Research |
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Consortium is established to create and expedite innovation in the |
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area of adult stem cell research and to enhance the potential for a |
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medical or scientific breakthrough in treatment for diseases or |
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disorders. |
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Sec. 156.003. COMPOSITION OF RESEARCH OVERSIGHT COMMITTEE. |
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(a) The research oversight committee is composed of: |
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(1) two members representing the coordinating board, |
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each of whom is appointed by the commissioner of higher education; |
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(2) two members representing the Health and Human |
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Services Commission, each of whom is appointed by the executive |
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commissioner of the Health and Human Services Commission; |
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(3) one member who is an interested person appointed |
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by the governor; and |
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(4) seven professional members with special training |
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and interest in: |
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(A) adult stem cell research; |
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(B) clinical applications involving adult stem |
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cells; or |
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(C) commercialization of products or technology |
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involving adult stem cell research and treatments. |
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(b) The governor shall appoint five of the professional |
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members, two of whom must be selected from a list of candidates |
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prepared by the speaker of the house of representatives, and the |
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lieutenant governor shall appoint two of the professional members. |
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(c) The governor shall designate a member of the research |
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oversight committee as the presiding officer of the research |
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oversight committee. The presiding officer serves in that capacity |
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at the will of the governor. |
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(d) The members of the research oversight committee serve |
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staggered six-year terms, with four members' terms expiring |
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February 1 of each odd-numbered year. If a vacancy occurs on the |
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research oversight committee, the appropriate appointing authority |
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shall appoint, in the same manner as the original appointment, |
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another person to serve for the remainder of the unexpired term. |
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(e) A research oversight committee member is not entitled to |
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compensation but is entitled to reimbursement for necessary |
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expenses, including travel expenses, incurred in performing the |
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duties of a research oversight committee member. |
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Sec. 156.004. CONFLICT OF INTEREST. (a) In this section, |
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"Texas trade association" means a cooperative and voluntarily |
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joined association of business or professional competitors in this |
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state designed to assist its members and its industry or profession |
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in dealing with mutual business or professional problems and in |
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promoting their common interest. |
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(b) A person may not be a member of the research oversight |
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committee if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of medicine; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of medicine. |
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(c) A person may not be a member of the research oversight |
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committee if the person is required to register as a lobbyist under |
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Chapter 305, Government Code, because of the person's activities |
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for compensation on behalf of a profession related to the operation |
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of the research oversight committee. |
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Sec. 156.005. COMPOSITION OF CONSORTIUM. (a) The research |
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oversight committee shall establish the Texas Adult Stem Cell |
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Research Consortium. |
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(b) The consortium is composed of: |
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(1) participating institutions of higher education |
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that: |
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(A) accept public money for adult stem cell |
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research; or |
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(B) otherwise agree to participate in the |
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consortium; and |
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(2) the following umbilical cord blood banks: |
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(A) the Texas Cord Blood Bank; |
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(B) the M. D. Anderson Cord Blood Bank; and |
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(C) any not-for-profit umbilical cord blood bank |
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operating in this state that: |
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(i) stores umbilical cord blood for public |
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use; and |
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(ii) agrees to participate in the |
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consortium. |
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Sec. 156.006. ADVISORY COMMITTEE. (a) The research |
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oversight committee shall establish an advisory committee to make |
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recommendations based on prevailing international best practices |
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in adult stem cell research to assist the research oversight |
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committee in performing its duties. |
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(b) The advisory committee is composed of: |
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(1) a member representing each institution of higher |
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education participating in the consortium, appointed by the |
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president of the institution; and |
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(2) a member representing each umbilical cord blood |
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bank participating in the consortium, appointed by the chief |
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executive officer of the bank. |
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(c) A member of the advisory committee is not entitled to |
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compensation and is not entitled to reimbursement for expenses. |
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(d) Chapter 2110, Government Code, does not apply to the |
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advisory committee. |
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Sec. 156.007. ADMINISTRATION OF PROGRAM; GUIDELINES AND |
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PROCEDURES. (a) The research oversight committee shall |
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administer the program to: |
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(1) make grants and loans on a competitive, peer |
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review basis to consortium participants for: |
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(A) multi-institutional, multi-investigator |
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research projects involving adult stem cells, including projects to |
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develop therapies, protocols, or medical procedures involving |
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adult stem cells; and |
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(B) the commercialization of products or |
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technology involving adult stem cell research and treatments; |
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(2) support consortium participants in all stages of |
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the process of developing treatments and cures based on adult stem |
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cell research, beginning with initial laboratory research through |
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successful clinical trials; and |
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(3) establish appropriate regulatory standards and |
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oversight bodies for adult stem cell research conducted by |
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consortium participants. |
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(b) The research oversight committee, in consultation with |
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the advisory committee, shall develop research priorities, |
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guidelines, and procedures for providing grants and loans for |
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specific research projects conducted by consortium participants. |
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The priorities, guidelines, and procedures must require the grants |
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and loans to be made: |
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(1) on a competitive, peer review basis; and |
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(2) only for multi-institutional, multi-investigator |
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research projects. |
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(c) Money awarded under this chapter may not be used for |
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research using stem cells obtained after an induced abortion. |
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(d) The research oversight committee shall follow the |
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recommendations of the advisory committee in performing its duties. |
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If the research oversight committee does not carry out a |
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recommendation of the advisory committee, the research oversight |
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committee shall provide a reason to the advisory committee in |
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writing and include the reason in its biennial report. |
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Sec. 156.008. FUNDING; SUPPORT. (a) The program may be |
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funded by: |
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(1) gifts, grants, or donations described by Section |
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156.009. |
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(b) The coordinating board shall provide administrative |
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support and resources necessary for the research oversight |
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committee to perform its duties under this chapter. |
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Sec. 156.009. GIFTS AND GRANTS. The consortium shall |
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solicit, and the research oversight committee may accept on behalf |
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of the consortium, a gift, grant, or donation made from any public |
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or private source for the purpose of promoting adult stem cell |
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commercialization or multi-institutional, multi-investigator |
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research projects. |
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Sec. 156.010. BIENNIAL REPORT. Not later than September 1 |
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of each even-numbered year, the research oversight committee shall |
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submit a report of the research oversight committee's activities |
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and recommendations to the coordinating board and to the governor, |
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the lieutenant governor, the speaker of the house of |
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representatives, and the presiding officer of each legislative |
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standing committee or subcommittee with jurisdiction over higher |
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education. |
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SECTION 2. (a) As soon as possible after the effective |
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date of this Act, the governor, lieutenant governor, executive |
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commissioner of the Health and Human Services Commission, and |
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commissioner of higher education shall appoint members to the Texas |
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Adult Stem Cell Research Oversight Committee in accordance with |
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Chapter 156, Education Code, as added by this Act. |
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(b) In making initial appointments to the Texas Adult Stem |
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Cell Research Oversight Committee: |
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(1) the governor shall appoint: |
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(A) two members to serve a term expiring February |
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1, 2011, one member to serve a term expiring February 1, 2013, and |
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one member to serve a term expiring February 1, 2015; and |
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(B) from a list of candidates prepared by the |
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speaker of the house of representatives, one member to serve a term |
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expiring February 1, 2011, and one member to serve a term expiring |
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February 1, 2015; |
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(2) the lieutenant governor shall appoint one member |
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to serve a term expiring February 1, 2011, and one member to serve a |
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term expiring February 1, 2013; |
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(3) the executive commissioner of the Health and Human |
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Services Commission shall appoint one member to serve a term |
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expiring February 1, 2013, and one member to serve a term expiring |
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February 1, 2015; and |
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(4) the commissioner of higher education shall appoint |
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one member to serve a term expiring February 1, 2013, and one member |
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to serve a term expiring February 1, 2015. |
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SECTION 3. Not later than September 1, 2010, the Texas Adult |
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Stem Cell Research Oversight Committee shall submit the first |
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report of the committee's activities and recommendations as |
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required by Chapter 156, Education Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |
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