|
|
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 adding Subdivision (2-a) and amending Subdivision (3) to |
|
read as follows: |
|
(2-a) "Program integration committee" means the |
|
Cancer Prevention and Research Institute of Texas Program |
|
Integration Committee. |
|
(3) "Research and prevention programs committee" |
|
means a [the] Cancer Prevention and Research Institute of Texas |
|
Scientific Research and Prevention Programs committee [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 the proposals are 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 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; |
|
(3) one development officer, who reports directly to |
|
the chief executive officer and assists in collaborative outreach |
|
to further cancer research and prevention; and |
|
(4) one chief prevention officer, who reports directly |
|
to the chief executive officer. |
|
SECTION 4. Subsection (a), Section 102.052, 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. Subchapter B, Chapter 102, Health and Safety |
|
Code, is amended by adding Section 102.0535 to read as follows: |
|
Sec. 102.0535. RECORD OF GRANT APPLICATIONS. (a) The |
|
institute shall maintain a complete record of each grant |
|
application, including a grant application that is reviewed by a |
|
research and prevention programs committee or is withdrawn. |
|
(b) The institute shall ensure that the score assigned to a |
|
grant application by a research and prevention programs committee |
|
in accordance with rules adopted under Section 102.251(a)(1) is |
|
included in the record for the application. |
|
(c) The institute shall have periodic audits made of any |
|
electronic grant management system used to maintain records of |
|
grant applications under this section. The institute shall address |
|
in a timely manner each weakness identified in an audit of the |
|
system. |
|
SECTION 6. Section 102.056, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 102.056. SALARY. (a) 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. |
|
(b) Money received from a nonprofit organization |
|
established to provide support to the institute may be used only to |
|
supplement the salaries of the persons authorized to receive salary |
|
supplements under this section. |
|
SECTION 7. 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, program integration 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 |
|
research and prevention programs committee, the institute, the |
|
program integration committee, or the oversight committee could |
|
result in a financial benefit to the person. |
|
Sec. 102.059. STANDARDS OF CONDUCT. (a) An oversight |
|
committee member, program integration 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; |
|
(6) lease, directly or indirectly, any property, |
|
capital equipment, employee, or service to any entity that receives |
|
a grant from the institute; or |
|
(7) serve on the board of directors of a nonprofit |
|
organization established with a grant from the institute. |
|
(b) Notwithstanding Section 102.058, 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 |
|
an entity receiving money from the institute; |
|
(3) own or control, directly or indirectly, a |
|
financial interest in an entity 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, program integration |
|
committee member, institute employee, or individual related to the |
|
member or 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 employee of a nonprofit organization established |
|
with a grant from the institute may not serve on the institute's |
|
commercialization review council. |
|
(e) The institute may not participate in a business decision |
|
of a nonprofit organization established with a grant from the |
|
institute. |
|
Sec. 102.060. INVESTIGATION OF CONFLICTS OF INTEREST. |
|
(a) An oversight committee member, a program integration |
|
committee member, a research and prevention programs 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, impropriety, or |
|
self-dealing 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 determination |
|
regarding the existence of a conflict of interest, impropriety, or |
|
self-dealing. The 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 research |
|
and prevention programs committee for review. |
|
(b) The determination made under Subsection (a) 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, or, if applicable, the |
|
presiding officer of the oversight committee, 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, if applicable, the presiding officer of the oversight |
|
committee, 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 or program integration 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, program integration |
|
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, program integration |
|
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 |
|
institute's commercialization review council. |
|
(b) The compliance officer shall retain documentation |
|
relating to: |
|
(1) each grant recipient's financial reports, |
|
including the amount of matching funds dedicated to the specific |
|
grant proposal; |
|
(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. |
|
(f) The compliance officer annually shall: |
|
(1) verify the amount of matching funds dedicated to |
|
the specific grant awarded to a grant recipient; and |
|
(2) review each grant recipient to ensure that the |
|
grant recipient is in compliance with the terms and conditions of |
|
the grant recipient's contract with the institute. |
|
(g) If the compliance officer determines that a grant |
|
recipient has not maintained compliance with the terms and |
|
conditions of the grant contract, the compliance officer shall |
|
recommend a remediation plan to the oversight committee to assist |
|
the grant recipient in complying with the contract. The oversight |
|
committee shall approve or disapprove a remediation plan submitted |
|
by the compliance officer. If approved, the compliance officer |
|
shall submit the approved remediation plan to the grant recipient. |
|
SECTION 8. Subsections (b) and (e), Section 102.101, Health |
|
and Safety Code, are amended to read as follows: |
|
(b) The oversight committee is composed of the following |
|
nine [11] members: |
|
(1) three members appointed by the governor; |
|
(2) three members appointed by the lieutenant |
|
governor; and |
|
(3) three members appointed by the speaker of the |
|
house of representatives[;
|
|
[(4)
the comptroller or the comptroller's designee;
|
|
and
|
|
[(5)
the attorney general or the attorney general's
|
|
designee]. |
|
(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 9. Subsection (c), Section 102.102, 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 10. Subsection (a), Section 102.103, 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 11. Section 102.104, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 102.104. OFFICERS. (a) The oversight committee shall |
|
elect [select] a presiding officer and assistant presiding officer |
|
from among its members every two years. The oversight committee may |
|
elect additional officers from among its members. |
|
(b) The presiding officer and assistant presiding officer |
|
may not serve more than two years. |
|
(c) The oversight committee shall: |
|
(1) establish and approve duties and responsibilities |
|
for officers of the committee; and |
|
(2) develop and implement policies that distinguish |
|
the responsibilities of the oversight committee and the committee's |
|
officers from the responsibilities of the chief executive officer |
|
and the employees of the institute. |
|
SECTION 12. 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 13. Section 102.151, Health and Safety Code, is |
|
amended by amending Subsections (a-1) and (b) and adding Subsection |
|
(c) to read as follows: |
|
(a-1) The oversight committee shall establish research and |
|
prevention programs committees. 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 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 research |
|
and prevention programs committee, including information |
|
explaining the basis for changing the amount. |
|
SECTION 14. 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 15. Section 102.156, Health and Safety Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsections |
|
(d) and (e) 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. |
|
(e) 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. |
|
SECTION 16. 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 include the following procedures: |
|
(1) a research and prevention programs committee shall |
|
score [review] grant applications and make recommendations to the |
|
program integration committee, established under Section 102.264, |
|
and the oversight committee [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 the program integration committee by majority vote |
|
approved for recommendation that: |
|
(A) includes documentation on the factors the |
|
program integration committee considered in making the grant |
|
recommendations; |
|
(B) [that] is substantially based on the list |
|
submitted by the research and prevention programs committee under |
|
Subdivision (1); and |
|
(C) [,] to the extent possible, gives priority to |
|
proposals that: |
|
(i) [(A)] could lead to immediate or |
|
long-term medical and scientific breakthroughs in the area of |
|
cancer prevention or cures for cancer; |
|
(ii) [(B)] strengthen and enhance |
|
fundamental science in cancer research; |
|
(iii) [(C)] ensure a comprehensive |
|
coordinated approach to cancer research; |
|
(iv) [(D)] are interdisciplinary or |
|
interinstitutional; |
|
(v) [(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; |
|
(vi) [(F)] are matched with funds |
|
available by a private or nonprofit entity and institution or |
|
institutions of higher education; |
|
(vii) [(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; |
|
(viii) [(H)] have a demonstrable economic |
|
development benefit to this state; |
|
(ix) [(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 |
|
(x) [(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 each grant application submitted |
|
to the institute 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) before the |
|
application is submitted to a research and prevention programs |
|
committee for review and again before any grant is awarded to the |
|
applicant. |
|
(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 assigned by |
|
the research and prevention programs committee; |
|
(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 and the program integration |
|
committee have fulfilled the requirements of Subsections (a)(2) and |
|
(c), as applicable. |
|
(e) The institute may not award a grant to an applicant who |
|
has made a gift or grant to the institute or a nonprofit |
|
organization established to provide support to the institute. |
|
SECTION 17. Section 102.252, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 102.252. FUNDING [OVERRIDING] RECOMMENDATIONS. |
|
(a) Two-thirds of the members of the [The] oversight committee |
|
must vote to approve [follow] the funding recommendations of the |
|
program integration committee [executive director in the order the
|
|
executive 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 by majority vote may remove a |
|
grant application from the funding recommendations submitted to the |
|
committee by the program integration committee. |
|
SECTION 18. Subsections (b), (c), and (d), Section 102.255, |
|
Health and Safety Code, are amended to read as follows: |
|
(b) Before awarding a grant under Subchapter E, the |
|
committee shall enter into a written contract with the grant |
|
recipient. The contract may specify that: |
|
(1) if all or any portion of the amount of the grant is |
|
used to build a capital improvement: |
|
(A) the state retains a lien or other interest in |
|
the capital improvement in proportion to the percentage of the |
|
grant amount used to pay for the capital improvement; and |
|
(B) the grant recipient shall, if the capital |
|
improvement is sold: |
|
(i) repay to the state the grant money used |
|
to pay for the capital improvement, with interest at the rate and |
|
according to the other terms provided by the contract; and |
|
(ii) share with the state a proportionate |
|
amount of any profit realized from the sale; [and] |
|
(2) if, as of a date specified in the contract, the |
|
grant recipient has not used grant money awarded under Subchapter E |
|
for the purposes for which the grant was intended, the recipient |
|
shall repay that amount and any related interest applicable under |
|
the contract to the state at the agreed rate and on the agreed |
|
terms; and |
|
(3) if, as a result of an annual review required under |
|
Section 102.063, the compliance officer determines the grant |
|
recipient has not complied with the terms and conditions of the |
|
grant contract and refuses to comply with a remediation plan |
|
approved by the oversight committee, the recipient shall repay the |
|
grant money awarded under Subchapter E and any related interest |
|
applicable under the contract to this state at the agreed rate and |
|
on the agreed terms. |
|
(c) The contract must: |
|
(1) include terms relating to intellectual property |
|
rights consistent with the standards developed by the oversight |
|
committee under Section 102.256; |
|
(2) require, in accordance with Subsection (d), the |
|
grant recipient to dedicate an amount of matching funds equal to |
|
one-half of the amount of the grant awarded; and |
|
(3) specify: |
|
(A) the amount of matching funds to be dedicated |
|
under Subdivision (2); |
|
(B) the period in which the grant award must be |
|
spent; |
|
(C) the name of the specific project to which |
|
matching funds are to be dedicated; and |
|
(D) the specific deliverables of the research |
|
that is the subject of the grant proposal. |
|
(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 |
|
[dedicated] to the specific research that is the subject of the |
|
grant request. |
|
SECTION 19. Subsections (b) and (c), Section 102.260, |
|
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 20. 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 21. Subchapter F, Chapter 102, Health and Safety |
|
Code, is amended by adding Sections 102.263 and 102.264 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. |
|
Sec. 102.264. PROGRAM INTEGRATION COMMITTEE. (a) The |
|
institute shall establish a program integration committee. The |
|
committee is composed of the following six members: |
|
(1) the chief executive officer; |
|
(2) the chief scientific officer; |
|
(3) the development officer; |
|
(4) the commissioner of state health services; |
|
(5) the chief prevention officer; and |
|
(6) the compliance officer. |
|
(b) The committee has the duties assigned under this |
|
chapter. |
|
(c) The chief executive officer shall serve as the presiding |
|
officer of the program integration committee. |
|
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 |
|
compliance officer and a chief executive officer as required by |
|
Subsection (c), Section 102.051, and Section 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. |
|
|
|
* * * * * |