By: Keffer H.B. No. 951

A BILL TO BE ENTITLED

AN ACT

relating to the Cancer Prevention and Research Institute of Texas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 102.001, Health and Safety Code, is amended by amending Subdivision (3) to read as follows:

(3) "Research and prevention programs committee" means the Cancer Prevention and Research Institute of Texas Scientific Research and Prevention Programs committees appointed by the chief executive officer [director].

SECTION 2. Section 102.051, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) The institute may:

(1) make grants to provide funds to public or private persons to implement the Texas Cancer Plan, and may make grants 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 types of cancer in humans;

(B) facilities for use in research into the causes of and cures for cancer;

(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; and

(D) cancer prevention and control programs in this state to mitigate the incidence 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;

(3) establish the appropriate standards and oversight bodies to ensure the proper use of funds authorized under this chapter for cancer research and facilities development;

(4) [employ an executive director as determined by the oversight committee;

[(5)] employ necessary staff to provide administrative support; and

(5) [(6)] monitor contracts and agreements authorized by this chapter.

(c) The institute shall employ a compliance officer, who, under the direction of the chief executive officer, shall ensure that:

(1) all grant proposals comply with this chapter and rules adopted under this chapter before being submitted to the oversight committee for approval;

(2) the institute, its employees, and its committee members appointed under this chapter comply with all laws and rules governing the peer review process and conflicts of interest; and

(3) each grant recipient complies with the terms of the grant contract.

SECTION 3. Subchapter B, Chapter 102, Health and Safety Code, is amended by adding Section 102.0511 to read as follows:

Sec. 102.0511. CHIEF EXECUTIVE OFFICER; OTHER OFFICERS. (a) The oversight committee shall hire a chief executive officer. Under the direction of the oversight committee, the chief executive officer shall perform the duties required by this chapter or designated by the oversight committee.

(b) The chief executive officer must have:

(1) broad scientific and clinical experience;

(2) a balanced research and development portfolio; and

(3) a demonstrated ability to lead and develop academic, commercial, and governmental partnerships and coalitions.

(c) The chief executive officer shall hire:

(1) one chief scientific officer, who reports directly to the chief executive officer;

(2) one chief operating officer, who reports directly to the chief executive officer; and

(3) one development officer, who reports directly to the chief executive officer and assists in attracting public-private partnerships to further cancer research.

SECTION 4. Section 102.052(a), Health and Safety Code, is amended to read as follows:

(a) The institute shall issue an annual public report outlining the institute's activities, grants awarded, grants in progress, research accomplishments, and future program directions. The report must include:

(1) the number and dollar amounts of research and facilities grants;

(2) identification of the grant recipients for the reported year;

(3) the institute's administrative expenses;

(4) an assessment of the availability of funding for cancer research from sources other than the institute;

(5) a summary of findings of research funded by the institute, including promising new research areas;

(6) an assessment of the relationship between the institute's grants and the overall strategy of its research program;

(7) a statement of the institute's strategic research and financial plans; [and]

(8) an estimate of how much cancer has cost the state during the year, including the amounts spent by the state relating to cancer by the child health program, the Medicaid program, the Teacher Retirement System of Texas, and the Employees Retirement System of Texas; and

(9) a statement of the institute's compliance program activities, including any proposed legislation or other recommendations identified through the activities.

SECTION 5. Section 102.056, Health and Safety Code, is amended to read as follows:

Sec. 102.056. SALARY. The institute may supplement the salary of the chief executive officer [director] and other senior institute staff members. Funding for a salary supplement may come from gifts, grants, donations, or appropriations.

SECTION 6. Subchapter B, Chapter 102, Health and Safety Code, is amended by adding Sections 102.057 through 102.063 to read as follows:

Sec. 102.057. PROHIBITED OFFICE LOCATION. An institute employee may not have an office in a facility owned by an entity receiving or applying to receive money from the institute.

Sec. 102.058. CONFLICT OF INTEREST REQUIRING RECUSAL. (a) An oversight committee member or institute employee shall disclose in writing to the chief executive officer if the member, the employee, or a person who is related to the member or employee within the second degree of affinity or consanguinity has a professional or financial interest in an entity receiving or applying to receive money from the institute.

(b) The member or employee described by Subsection (a) shall recuse himself or herself from the institute's consideration of grant applications from the entity receiving or applying to receive money from the institute as provided by Section 102.062(a) or (b), as applicable.

(c) A person has a professional interest in an entity receiving or applying to receive money from the institute if the person:

(1) is a member of the board of directors, the other governing board, or any committee of the entity, or of a foundation or similar organization affiliated with the entity, during the same grant cycle;

(2) serves as an elected or appointed officer of the entity or of a foundation or similar organization affiliated with the entity;

(3) is an employee of or is negotiating future employment with the entity or with a foundation or similar organization affiliated with the entity;

(4) represents the entity or a foundation or similar organization affiliated with the entity;

(5) is a professional associate of a primary member of the entity's research or prevention program team;

(6) is, or within the preceding six years has been, a student, postdoctoral associate, or part of a laboratory research group for a primary member of the entity's research or prevention program team;

(7) is engaged or is actively planning to be engaged in collaboration with a primary member of the entity's research or prevention program team; or

(8) has long-standing scientific differences or disagreements with a primary member of the entity's research or prevention program team, and those differences:

(A) are known to the professional community; and

(B) could be perceived as affecting objectivity.

(d) A person has a financial interest in an entity receiving or applying to receive money from the institute if the person:

(1) owns or controls, directly or indirectly, an ownership interest, including sharing in profits, proceeds, or capital gains, in an entity receiving or applying to receive money from the institute or in a foundation or similar organization affiliated with the entity; or

(2) could reasonably foresee that an action taken by a scientific research and prevention program committee, the institute, or the oversight committee could result in financial benefit to the person.

Sec. 102.059. STANDARDS OF CONDUCT. (a) An oversight committee member or institute employee may not:

(1) accept or solicit any gift, favor, or service that could reasonably influence the member or employee in the discharge of official duties or that the member or employee knows or should know is being offered with the intent to influence the member's or employee's official conduct;

(2) accept employment or engage in any business or professional activity that would reasonably require or induce the member or employee to disclose confidential information acquired in the member's or employee's official position;

(3) accept other employment or compensation that could reasonably impair the member's or employee's independent judgment in the performance of official duties;

(4) make personal investments or have a financial interest that could reasonably create a substantial conflict between the member's or employee's private interest and the member's or employee's official duties;

(5) intentionally or knowingly solicit, accept, or agree to accept any benefit for exercising the member's official powers or performing the member's or employee's official duties in favor of another; or

(6) lease, directly or indirectly, any property, capital equipment, employee, or service to any program, business entity, organization, or institution that receives a grant from the institute.

(b) An oversight committee member or the member's spouse may not:

(1) submit a grant application for funding by the institute;

(2) be employed by or participate in the management of a business entity or other organization receiving money from the institute;

(3) own or control, directly or indirectly, a financial interest in a business entity or other organization receiving money from the institute; or

(4) use or receive a substantial amount of tangible goods, services, or money from the institute other than reimbursement authorized for attendance or expenses.

(c) An oversight committee member, an institute employee, or an individual related to the employee within the second degree of affinity or consanguinity may not serve on the board of directors or other governing board of a nonprofit organization established to provide support to the institute.

(d) An institute employee may not serve on the board of directors of a nonprofit organization established with a grant from the institute.

(e) An employee of a nonprofit organization established with a grant from the institute may not serve on the commercialization review council.

(f) The institute may not participate in a business decision of a nonprofit organization established with a grant from the institute.

(g) Notwithstanding Section 102.156, a member of a research and prevention programs committee appointed under this chapter may not serve on the board of directors or other governing board of an entity receiving a grant from the institute or of a foundation or similar organization affiliated with the entity.

Sec. 102.060. INVESTIGATION OF CONFLICTS OF INTEREST. (a) An oversight committee member, a committee member, or an institute employee shall immediately notify the chief executive officer of a conflict of interest, including a professional or financial interest described by Section 102.058 or 102.156. On notification, the chief executive officer shall notify the presiding officer of the oversight committee and the general counsel, who shall determine the nature and extent of any conflict.

(b) A grant applicant seeking an investigation regarding whether a prohibited conflict of interest was not reported shall file a written request with the institute's chief executive officer. The applicant must:

(1) include in the request all facts regarding the alleged conflict of interest; and

(2) submit the request not later than the 30th day after the date the chief executive officer presents final funding recommendations for the affected grant cycle to the oversight committee.

(c) On notification of an alleged conflict of interest under Subsection (a) or (b), the institute's general counsel shall:

(1) investigate the matter; and

(2) provide to the chief executive officer and presiding officer of the oversight committee an opinion that includes:

(A) a statement of facts;

(B) a determination of whether a conflict of interest or another impropriety or self-dealing exists; and

(C) if the opinion provides that a conflict of interest or another impropriety or self-dealing exists, recommendations for an appropriate course of action.

(d) If the conflict of interest involves the presiding officer of the oversight committee, the institute's general counsel shall provide the opinion to the next ranking oversight committee member who is not involved with the conflict of interest, impropriety, or self-dealing.

(e) After receiving the opinion and consulting with the presiding officer of the oversight committee, the chief executive officer shall take action regarding the recusal of the individual from any discussion of or access to information related to the conflict of interest, impropriety, or self-dealing. If the alleged conflict of interest, impropriety, or self-dealing is held by, or is an act of, the chief executive officer, the presiding officer of the oversight committee shall take actions regarding the recusal.

Sec. 102.061. FINAL DETERMINATION OF CONFLICT OF INTEREST. (a) The chief executive officer or, if applicable, the presiding officer of the oversight committee shall make a final determination regarding the existence of a conflict of interest, impropriety, or self-dealing. The final determination must specify any actions to be taken to address the conflict of interest, impropriety, or self-dealing, including:

(1) reconsideration of the application; or

(2) referral of the application to another scientific research and prevention programs committee for review.

(b) The final determination is considered final unless three or more oversight committee members request that the issue be added to the agenda of the oversight committee.

(c) The chief executive officer shall provide written notice of the final determination, including any further actions to be taken, to the grant applicant requesting an investigation.

(d) Unless specifically determined by the chief executive officer or the oversight committee, the validity of an action taken on a grant application is not affected by the fact that an individual who failed to report a conflict of interest participated in the action.

Sec. 102.062. DISCLOSURE OF CONFLICT OF INTEREST. (a) If an oversight committee member has a conflict of interest, including a professional or financial interest described by Section 102.058, regarding an application that comes before the member for review or other action, the member shall:

(1) notify the chief executive officer, as provided by Section 102.058, and the presiding officer of the oversight committee or the next ranking member of the committee if the presiding officer has the conflict of interest;

(2) disclose the conflict of interest in an open meeting of the oversight committee; and

(3) recuse himself or herself from participating in the review, discussion, deliberation, and vote on the application and from accessing information regarding the matter to be decided.

(b) If an institute employee has a conflict of interest, including a professional or financial interest described by Section 102.058, regarding an application that comes before the employee for review or other action, the employee shall:

(1) notify the chief executive officer of the conflict of interest; and

(2) recuse himself or herself from participating in the review of the application and be prevented from accessing information regarding the matter to be decided.

(c) An oversight committee member or institute employee who reports a potential conflict of interest or another impropriety or self-dealing of the member or employee and who fully complies with the recommendations of the general counsel and recusal is considered in compliance with the conflict-of-interest provisions of this chapter. The member or employee is subject to other applicable laws, rules, requirements, and prohibitions.

(d) An oversight committee member or institute employee who intentionally violates this section is subject to removal from further participation in the institute's grant review process.

Sec. 102.063. ADDITIONAL DUTIES OF COMPLIANCE OFFICER. (a) The compliance officer shall adopt and implement a policy on in-state or out-of-state residency requirements for members of the commercialization review council.

(b) The compliance officer shall retain documentation relating to:

(1) each grant recipient's financial reports;

(2) each grant recipient's progress reports; and

(3) institute reviews of the financial reports and progress reports.

(c) The compliance officer shall adopt and implement a system to track the date on which a grant recipient's report:

(1) is due; and

(2) is received by the institute.

(d) The compliance officer shall inquire into and monitor the status of any required report that is not timely submitted to the institute by a grant recipient.

(e) The compliance officer shall develop and implement a policy on advance payments to grant recipients.

SECTION 7. Section 102.101(e), Health and Safety Code, is amended to read as follows:

(e) A person may not be a member of the oversight committee if, at the time the person is appointed, the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization receiving money from the institute;

(2) owns or controls, directly or indirectly, an [more than a five percent] interest in a business entity or other organization receiving money from the institute; or

(3) uses or receives a substantial amount of tangible goods, services, or money from the institute, other than reimbursement authorized by this chapter for oversight committee membership, attendance, or expenses.

SECTION 8. Section 102.102(c), Health and Safety Code, is amended to read as follows:

(c) If the chief executive officer [director] has knowledge that a potential ground for removal exists, the chief executive officer [director] shall notify the presiding officer of the oversight committee of the potential ground. The presiding officer shall then notify the appointing authority and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the chief executive officer [director] shall notify the next highest ranking officer of the oversight committee, who shall then notify the appointing authority and the attorney general that a potential ground for removal exists.

SECTION 9. Section 102.103(a), Health and Safety Code, is amended to read as follows:

(a) Oversight committee members appointed by the governor, lieutenant governor, and speaker of the house serve at the pleasure of the appointing officer for staggered six-year terms, with the terms of three members expiring on January 31 of each odd-numbered year.

SECTION 10. Section 102.104, Health and Safety Code, is amended to read as follows:

Sec. 102.104. OFFICERS. (a) The oversight committee shall select a presiding officer from among its members.

(b) The presiding officer may not serve more than two years.

SECTION 11. Section 102.107, Health and Safety Code, is amended to read as follows:

Sec. 102.107. POWERS AND DUTIES. The oversight committee shall:

(1) hire a chief [an] executive officer;

(2) annually set priorities, as prescribed by the Legislature, for each grant program and each category of funded research that receives money under this chapter; and

(3) consider the priorities set under Subdivision (2) in awarding grants under this chapter [director].

SECTION 12. Section 102.151, Health and Safety Code, is amended by amending Subsections (a-1) and (b) and adding Subsections (c), (e), and (f) to read as follows:

(a-1) The chief executive officer [director], with approval by simple majority of the members of the oversight committee, shall appoint as members of scientific research and prevention programs committees experts in the field of cancer research and prevention.

(b) Individuals appointed to [the] research and prevention programs committees [committee] may be residents of this state or another state.

(c) The oversight committee shall establish as scientific research and prevention programs committees the following standing review committees:

(1) a basic research committee;

(2) a translation research committee;

(3) an infrastructure committee; and

(4) a multidisciplinary committee.

(e) The oversight committee, as the oversight committee considers necessary, may add committee members to a scientific research and prevention programs committee or standing review committee.

(f) The chief executive officer, in consultation with the oversight committee, shall implement a system to document any change in the amount of honorarium paid to a member of a scientific research and prevention programs committee, including information explaining the basis for changing the amount.

SECTION 13. Section 102.152, Health and Safety Code, is amended to read as follows:

Sec. 102.152. TERMS OF RESEARCH AND PREVENTION PROGRAMS COMMITTEE MEMBERS. Members of a research and prevention programs committee serve for terms as determined by the chief executive officer [director].

SECTION 14. Section 102.156, Health and Safety Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a) A member of a research and prevention programs committee, the university advisory committee, or any ad hoc committee appointed under this subchapter shall disclose in writing to the chief executive officer [director] if the member has a professional [an interest in a matter that comes before the member's committee] or [has a substantial] financial interest in an entity that has a direct interest in a [the] matter that comes before the member's committee.

(c) A person has a [substantial] financial interest in an entity if the person:

(1) is an employee, member, director, or officer of the entity; or

(2) owns or controls, directly or indirectly, an [more than a five percent] interest in the entity.

(d) A person has a professional interest in an entity receiving or applying to receive money from the institute if the person:

(1) is a member of the board of directors, the other governing board, or any committee of the entity during the same grant cycle;

(2) serves as an elected or appointed officer of the entity;

(3) is an employee of or is negotiating future employment with the entity;

(4) represents the entity;

(5) is a professional associate of a primary member of the entity's research or prevention program applicant's team;

(6) is, or within the preceding six years has been, a student, postdoctoral associate, or part of a laboratory research group for a primary member of the entity's research or prevention program applicant's team;

(7) is engaged or is actively planning to be engaged in collaboration with a primary member of the entity's research or prevention program applicant's team; or

(8) has long-standing scientific differences or disagreements with a primary member of the entity's research or prevention program applicant's team, and those differences:

(A) are known to the professional community; and

(B) could be perceived as affecting objectivity.

SECTION 15. Section 102.251, Health and Safety Code, is amended by amending Subsection (a) and adding Subsections (c), (d), and (e) to read as follows:

(a) The oversight committee shall issue rules regarding the procedure for awarding grants to an applicant under this chapter. The rules must require grant applications to include specific periodic deliverables that if not met prohibit continued grant funding. The rules must include the following procedures:

(1) a research and prevention programs committee shall semiquantitatively rate [review] grant applications according to predetermined categories and make recommendations to the Program Integration Committee, established under Subchapter G, [executive director] regarding the award of cancer research grants, including a prioritized list that:

(A) ranks the grant applications in the order the committee determines applications should be funded; and

(B) includes information explaining how each grant application on the list meets the research and prevention programs committee's standards for recommendation;

(2) the Program Integration Committee [executive director] shall submit to the oversight committee a list of grant applications, including documentation on the factors the Program Integration Committee considered in making the grant recommendations, that is substantially based on the list submitted by the committee under Subdivision (1) and, to the extent possible, gives priority to proposals that:

(A) could lead to immediate or long-term medical and scientific breakthroughs in the area of cancer prevention or cures for cancer;

(B) strengthen and enhance fundamental science in cancer research;

(C) ensure a comprehensive coordinated approach to cancer research;

(D) are interdisciplinary or interinstitutional;

(E) address federal or other major research sponsors' priorities in emerging scientific or technology fields in the area of cancer prevention or cures for cancer;

(F) are matched with funds available by a private or nonprofit entity and institution or institutions of higher education;

(G) are collaborative between any combination of private and nonprofit entities, public or private agencies or institutions in this state, and public or private institutions outside this state;

(H) have a demonstrable economic development benefit to this state;

(I) enhance research superiority at institutions of higher education in this state by creating new research superiority, attracting existing research superiority from institutions not located in this state and other research entities, or enhancing existing research superiority by attracting from outside this state additional researchers and resources; and

(J) expedite innovation and commercialization, attract, create, or expand private sector entities that will drive a substantial increase in high-quality jobs, and increase higher education applied science or technology research capabilities; and

(3) the institute's chief scientific officer and development officer shall compare the list of grant applicants submitted to the oversight committee under Subdivision (2) to a list of donors from any nonprofit organization established to provide support to the institute compiled from information made available under Section 102.262(c).

(c) The chief executive officer shall submit a written affidavit for each grant application recommendation included on the list submitted to the oversight committee under Subsection (a)(2). The affidavit must contain all relevant information on:

(1) the peer review process for the grant application;

(2) the application's peer review score;

(3) the pre-grant due diligence reviews of the application; and

(4) if applicable, the intellectual property reviews of the application.

(d) The chief executive officer may not discuss a grant applicant recommendation with a member of the oversight committee unless the chief executive officer has fulfilled the requirements of Subsections (a)(2) and (c).

(e) The institute may not award a grant to an applicant who has made a gift or grant to a nonprofit organization established to provide support to the institute.

SECTION 16. Section 102.252, Health and Safety Code, is amended to read as follows:

Sec. 102.252. FUNDING [OVERRIDING] RECOMMENDATIONS. (a) The oversight committee must follow the funding recommendations of the chief executive officer [director] in the order the chief executive officer [director] submits the applications to the oversight committee unless two-thirds of the members of the oversight committee vote to disregard a recommendation.

(b) The oversight committee shall approve or disapprove each grant application submitted to the committee by the chief executive officer.

SECTION 17. Section 102.255(d), Health and Safety Code, is amended to read as follows:

(d) Before the oversight committee may make for cancer research any grant of any proceeds of the bonds issued under Subchapter E, the recipient of the grant must have an amount of funds equal to one-half of the grant and dedicate those funds to the specific grant proposal dedicated to the research that is the subject of the grant request.

SECTION 18. Sections 102.260(b) and (c), Health and Safety Code, are amended to read as follows:

(b) The chief executive officer [director] shall determine the grant review process under this section. The chief executive officer [director] may terminate grants that do not meet contractual obligations.

(c) The chief executive officer [director] shall report at least annually to the oversight committee on the progress and continued merit of each research program funded by the institute.

SECTION 19. Section 102.262, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) The records of the institute and of a nonprofit organization established to provide support to the institute shall, to the extent the records pertain specifically to any gift, grant, or other consideration provided by the organization to the institute, an employee of the institute, or a member of a committee of the institute, be made available to the public. A record that is available under this subsection is public information subject to Chapter 552, Government Code.

SECTION 20. Subchapter F, Chapter 102, Health and Safety Code, is amended by adding Section 102.263 to read as follows:

Sec. 102.263. COMPLIANCE PROGRAM. (a) In this section, "compliance program" means a process to assess and ensure compliance by the institute's committee members and employees with applicable laws, rules, and policies, including matters of:

(1) ethics and standards of conduct;

(2) financial reporting;

(3) internal accounting controls; and

(4) auditing.

(b) The institute shall establish a compliance program that operates under the direction of the institute's compliance officer. The institute may establish procedures, such as a telephone hotline, to allow private access to the compliance program office and to preserve the confidentiality of communications and the anonymity of a person making a compliance report or participating in a compliance investigation.

(c) The following are confidential:

(1) information that directly or indirectly reveals the identity of an individual who made a report to the institute's compliance program office, sought guidance from the office, or participated in an investigation conducted under the compliance program; and

(2) information that directly or indirectly reveals the identity of an individual who is alleged to have or may have planned, initiated, or participated in activities that are the subject of a report made to the office if, after completing an investigation, the office determines the report to be unsubstantiated or without merit.

(d) Subsection (c) does not apply to information related to an individual who consents to disclosure of the information.

(e) Information is excepted from disclosure under Chapter 552, Government Code, if it is collected or produced in a compliance program investigation and releasing the information would interfere with an ongoing compliance investigation.

(f) Information made confidential or excepted from public disclosure by this section may be made available to the following on request in compliance with applicable law and procedure:

(1) a law enforcement agency or prosecutor;

(2) a governmental agency responsible for investigating the matter that is the subject of a compliance report, including the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission; or

(3) a committee member or institute employee who is responsible under institutional policy for a compliance program investigation or for a review of a compliance program investigation.

(g) A disclosure under Subsection (f) is not a voluntary disclosure for purposes of Section 552.007, Government Code.

SECTION 21. Chapter 102, Health and Safety Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. PROGRAM INTEGRATION COMMITTEE

Sec. 102.301. COMPOSITION. (a) The program integration committee is composed of the following seven members:

(1) the chief executive officer;

(2) the chief scientific officer;

(3) the development officer;

(4) the commissioner of state health services;

(5) one member appointed by the governor;

(6) one member appointed by the lieutenant governor; and

(7) one member appointed by the speaker of the house of representatives.

(b) The members appointed under Subsections(a)(5)-(7) must have expertise in academic science or business.

Sec. 102.302. DUTIES. The program integration committee shall:

(1) review and assess the ratings assigned by a research and prevention programs committee in its initial review of grant applications;

(2) prioritize the applications that the committee determines will have the greatest impact on the health and economy of this state;

(3) prepare grant application recommendations for the oversight committee;

(4) make recommendations to the oversight committee concerning the development and maintenance of any institute investment grants and other investments, including any investment requirements prescribed by the legislature or under state law; and

(5) ensure that the institute does not duplicate other cancer-related research, including research conducted by the United States Department of Health and Human Services National Institutes of Health.

SECTION 22. (a) As soon as practicable after the effective date of this Act, the Cancer Prevention and Research Institute of Texas Oversight Committee shall adopt the rules necessary to implement the changes in law made by this Act.

(b) The changes in law made by this Act apply only to a grant application submitted to the Cancer Prevention and Research Institute of Texas on or after the effective date of this Act. A grant application submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and that law is continued in effect for that purpose.

(c) Not later than January 1, 2014, employees, oversight committee members, and members of other committees of the Cancer Prevention and Research Institute of Texas must comply with the changes in law made by this Act regarding the qualifications of the employees and members.

(d) Not later than December 1, 2013, the Cancer Prevention and Research Institute of Texas Oversight Committee shall employ a chief executive officer and a compliance officer as required by Sections 102.051(c) and 102.0511, Health and Safety Code, as added by this Act.

(e) As soon as practicable after the effective date of this Act, the Cancer Prevention and Research Institute of Texas Oversight Committee shall establish a compliance program as required by Section 102.263, Health and Safety Code, as added by this Act.

SECTION 23. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.