84R14977 SCL-D
 
  By: Zedler, Flynn, Geren, H.B. No. 177
      Anderson of McLennan, Zerwas, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the research, collection, and use of adult stem cells.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle H, Title 3, Education Code, is amended
  by adding Chapter 156 to read as follows:
  CHAPTER 156. ADULT STEM CELL RESEARCH PROGRAM
         Sec. 156.001.  DEFINITIONS. In this chapter:
               (1)  "Adult stem cell" means an undifferentiated cell
  that is:
                     (A)  found in differentiated tissue; and
                     (B)  able to renew itself and differentiate to
  yield all or nearly all of the specialized cell types of the tissue
  from which the cell originated.
               (2)  "Consortium" means the Texas Adult Stem Cell
  Research Consortium.
               (3)  "Institution of higher education" means an
  institution of higher education as defined by Section 61.003 or a
  private college or university that receives state funds.
               (4)  "Program" means the adult stem cell research
  program established under this chapter.
               (5)  "Research coordinating board" means the Texas
  Adult Stem Cell Research Coordinating Board.
         Sec. 156.002.  COMPOSITION OF RESEARCH COORDINATING BOARD.  
  (a)  The Texas Adult Stem Cell Research Coordinating Board is
  composed of seven members appointed as follows:
               (1)  three members who are interested persons,
  including at least one person who represents an institution of
  higher education and one person who is a representative of an
  advocacy organization representing patients, appointed by the
  governor;
               (2)  two members who are interested persons appointed
  by the lieutenant governor; and
               (3)  two members who are interested persons appointed
  by the speaker of the house of representatives.
         (b)  The governor shall designate as the presiding officer of
  the research coordinating board a board member appointed under
  Subsection (a)(1) who represents an institution of higher
  education. The presiding officer serves in that capacity at the
  will of the governor.
         (c)  The members of the research coordinating board serve
  staggered six-year terms. If a vacancy occurs on the board, the
  appropriate appointing authority shall appoint, in the same manner
  as the original appointment, another person to serve for the
  remainder of the unexpired term.
         Sec. 156.003.  CONFLICT OF INTEREST.  (a)  In this section,
  "Texas trade association" means a cooperative and voluntarily
  joined association of business or professional competitors in this
  state designed to assist its members and its industry or profession
  in dealing with mutual business or professional problems and in
  promoting their common interest.
         (b)  A person may not be a member of the research
  coordinating board if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of medicine;
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of medicine; or
               (3)  the person is a member of the Texas Higher
  Education Coordinating Board.
         (c)  A person may not be a member of the research
  coordinating board if the person is required to register as a
  lobbyist under Chapter 305, Government Code, because of the
  person's activities for compensation on behalf of a profession
  related to the operation of the board.
         Sec. 156.004.  COMPOSITION OF CONSORTIUM.  (a)  The research
  coordinating board shall establish the Texas Adult Stem Cell
  Research Consortium.
         (b)  The consortium is composed of participating
  institutions of higher education and businesses that:
               (1)  accept public money for adult stem cell research;
  or
               (2)  otherwise agree to participate in the consortium.
         Sec. 156.005.  ADMINISTRATION OF PROGRAM; GUIDELINES AND
  PROCEDURES. (a) The research coordinating board shall administer
  the program to:
               (1)  make grants and loans to consortium members for:
                     (A)  adult stem cell research projects, including
  projects to develop therapies, protocols, or medical procedures
  involving adult stem cells;
                     (B)  the development of facilities to be used
  solely for adult stem cell research projects; and
                     (C)  the commercialization of products or
  technology involving adult stem cell research and treatments;
               (2)  support consortium members in all stages of the
  process of developing treatments and cures based on adult stem cell
  research, beginning with initial laboratory research through
  successful clinical trials;
               (3)  establish appropriate regulatory standards and
  oversight bodies for:
                     (A)  adult stem cell research conducted by
  consortium members; and
                     (B)  the development of facilities for consortium
  members conducting adult stem cell research; and
               (4)  assist consortium members in applying for grants
  or loans under the program.
         (b)  The research coordinating board shall develop research
  priorities, guidelines, and procedures for providing grants and
  loans for specific research projects conducted by consortium
  members.  The priorities, guidelines, and procedures must require
  the grants and loans to be made on a competitive, peer review basis.
         Sec. 156.006.  FUNDING.  The program shall be funded by
  gifts, grants, and donations described by Section 156.007.  The
  program may not be funded by legislative appropriations.
         Sec. 156.007.  GIFTS, GRANTS, AND DONATIONS. The consortium
  shall solicit, and the research coordinating board may accept on
  behalf of the consortium, a gift, grant, or donation made from any
  public or private source for the purpose of promoting adult stem
  cell research or commercialization.
         Sec. 156.008.  BIENNIAL REPORT. Not later than September 1
  of each even-numbered year, the research coordinating board shall
  submit a report of the board's activities and recommendations to
  the Texas Higher Education Coordinating Board and to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, and the presiding officer of each legislative
  standing committee or subcommittee with jurisdiction over higher
  education.
         SECTION 2.  Section 162.001, Health and Safety Code, is
  amended by adding Subdivision (4) to read as follows:
               (4)  "Adult stem cell" means an undifferentiated cell
  that is:
                     (A)  found in differentiated tissue; and
                     (B)  able to renew itself and differentiate to
  yield all or nearly all of the specialized cell types of the tissue
  from which the cell originated.
         SECTION 3.  Chapter 162, Health and Safety Code, is amended
  by adding Section 162.020 to read as follows:
         Sec. 162.020.  ADULT STEM CELL COLLECTION. Blood obtained
  by a blood bank may be used for the collection of adult stem cells if
  the donor consents in writing to that use.
         SECTION 4.  The heading to Chapter 1003, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 1003.  [AUTOLOGOUS STEM CELL BANK FOR RECIPIENTS OF
  BLOOD   AND   TISSUE COMPONENTS WHO ARE THE LIVE HUMAN DONORS
  OF   THE] ADULT STEM CELLS
         SECTION 5.  Chapter 1003, Health and Safety Code, is amended
  by adding Sections 1003.002 and 1003.003 to read as follows:
         Sec. 1003.002.  GENERAL REQUIREMENTS FOR ADULT STEM CELL USE
  IN HEALTH CARE. A person using adult stem cells in the provision of
  health care:
               (1)  must use adult stem cells that are properly
  manufactured and stored; and
               (2)  may only use adult stem cells in a clinical trial
  approved by the United States Food and Drug Administration.
         Sec. 1003.003.  ADDITIONAL REQUIREMENTS FOR ADULT STEM CELL
  USE IN HOSPITALS.  A hospital may use adult stem cells in a
  procedure if:
               (1)  a physician providing services at the hospital
  determines that the use of adult stem cells in the procedure is
  appropriate;
               (2)  the patient consents in writing to the use;
               (3)  the requirements for stem cell use under Section
  1003.002 are met;
               (4)  the manufacturing processes for the adult stem
  cells satisfy current good manufacturing practices adopted by the
  United States Food and Drug Administration; and
               (5)  appropriate state and federal guidelines on the
  use of adult stem cells are followed.
         SECTION 6.  (a)  As soon as practicable after the effective
  date of this Act, the governor, lieutenant governor, and speaker of
  the house of representatives shall appoint members to the Texas
  Adult Stem Cell Research Coordinating Board, as required by Section
  156.002, Education Code, as added by this Act, as follows:
               (1)  the governor shall appoint one member to a term
  expiring February 1, 2017, one member to a term expiring February 1,
  2019, and one member to a term expiring February 1, 2021;
               (2)  the lieutenant governor shall appoint one member
  to a term expiring February 1, 2019, and one member to a term
  expiring February 1, 2021; and
               (3)  the speaker of the house of representatives shall
  appoint one member to a term expiring February 1, 2019, and one
  member to a term expiring February 1, 2021.
         (b)  Not later than September 1, 2016, the Texas Adult Stem
  Cell Research Coordinating Board shall submit the first report of
  the board's activities and recommendations as required by Chapter
  156, Education Code, as added by this Act.
         SECTION 7.  This Act takes effect September 1, 2015.