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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on the use of grant money awarded by the |
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Cancer Prevention and Research Institute of Texas to procure or |
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obtain organs from a hospital located in China. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.251, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) The institute may not award a grant to an applicant |
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whose proposed research project requires the applicant to procure |
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or otherwise obtain from a hospital located in China an organ for |
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organ transplantation or another purpose. |
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SECTION 2. Section 102.255(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The contract must: |
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(1) include terms relating to intellectual property |
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rights consistent with the standards developed by the oversight |
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committee under Section 102.256; |
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(2) require, in accordance with Subsection (d), the |
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grant recipient to dedicate an amount of matching funds equal to |
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one-half of the amount of the research grant awarded; [and] |
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(3) specify: |
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(A) the amount of matching funds to be dedicated |
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under Subdivision (2); |
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(B) the period in which the grant award must be |
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spent; |
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(C) the name of the research project to which |
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matching funds are to be dedicated; and |
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(D) the specific deliverables of the project that |
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is the subject of the grant proposal; and |
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(4) require a grant recipient to certify in writing as |
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a term of the contract that the recipient will not use grant money |
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awarded under this chapter to procure or otherwise obtain from a |
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hospital located in China an organ for organ transplantation or |
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another purpose. |
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SECTION 3. (a) The changes in law made by this Act apply |
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only to a grant awarded or contract entered into or renewed under |
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Chapter 102, Health and Safety Code, on or after the effective date |
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of this Act. |
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(b) The Cancer Prevention and Research Institute of Texas |
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shall seek to amend the terms of each contract entered into with a |
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grant recipient under Chapter 102, Health and Safety Code, before |
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the effective date of this Act to require the recipient to comply |
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with Section 102.255(c)(4), Health and Safety Code, as added by |
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this Act. To the extent of a conflict between that subdivision and |
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a provision of a contract with a grant recipient entered into before |
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the effective date of this Act, the contract provision prevails. |
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SECTION 4. This Act takes effect September 1, 2023. |