By: Garcia H.B. No. 4423

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Psilocybin Research Advisory Council.

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

SECTION 1. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 106 to read as follows:

CHAPTER 106. PSILOCYBIN RESEARCH ADVISORY COUNCIL

106.001. DEFINITION. In this subchapter "advisory council" means the Psilocybin Research Advisory Council established under this chapter.

106.002. ESTABLISHMENT OF ADVISORY COUNCIL. The commission shall establish the Psilocybin Research Advisory Council to advise the commission and the legislature on psilocybin research and treatment.

106.003. APPOINTMENT OF ADVISORY COUNCIL MEMBERS. (a) The advisory council is composed of the members appointed by the executive commissioner as provided by this section.

(b) The advisory council must include at least:

(1) one member who is a physician with a federal license to study psychedelics;

(2) one member who is a military veteran;

(3) one member who is a law enforcement officer in this state;

(4) one member who is a professor or researcher from a university who specializes in clinical research or psychedelic studies; and

(5) ex officio representatives of the commission or another state agency as the executive commissioner determines appropriate.

(c) Advisory council members serve at the pleasure of the executive commissioner.

Sec. 106.004. TERMS; VACANCY. (a) An advisory council member serves a four-year term.

(b) If a vacancy occurs on the advisory council, a person shall be appointed to fill the vacancy for the unexpired term.

Sec. 118.005. OFFICERS. Advisory council members shall:

(1) elect a chair and a vice chair; and

(2) establish the duties of the chair and the vice chair.

Sec. 106.006. MEETINGS. The executive commissioner shall set a time and place for regular meetings, which must occur at least twice each year.

Sec. 106.007. DUTIES. The advisory council shall:

(1) establish criteria for the clinical trials that qualify to receive research grants;

(2) oversee the application process and review applications for the clinical trial research grants to assist the commission in selecting the most credible clinical trials to award the research grants;

(3) on or before July 1 of each year, make recommendations to the legislature on psychedelic-assisted therapy.

106.008. RESEARCH GRANTS. (a) The commission shall provide from monies appropriated competitive research grants for whole mushroom psilocybin phase one, phase two, and phase three clinical trials that are capable of being approved by the United States Food and Drug Administration to evaluate the effects of whole mushroom psilocybin on treating any of the following:

(1) post-traumatic stress disorder;

(2) symptoms associated with long Covid-19;

(3) depression;

(4) anxiety disorders;

(5) symptoms associated with end-of-life distress;

(6) obsessive compulsive disorder;

(7) substance abuse and addiction disorders;

(8) eating disorders;

(9) chronic pain;

(10) inflammatory disorders;

(11) autoimmune disorders;

(12) seizure disorders; or

(13) other degenerative disorders.

(b) The commission shall announce the opening of the application process at least thirty days before applications are available and allow at least ninety days for applicants to complete their submission.

(c) The research grants shall be awarded not later than July 1 of each year for three years. If in any year there is not a proposal that meets the criteria for a research grant to be awarded for a whole mushroom psilocybin clinical trial, the commission shall postpone the award to the following year.

(d) Clinical trials that are funded pursuant this section shall prioritize:

(1) using whole mushroom psilocybin cultivated under a schedule I license issued by the United States Drug Enforcement Administration; and

(2) using veterans, first responders, frontline health care workers and persons from underserved communities as the research subjects.

(e) A person who receives a grant for a whole mushroom psilocybin clinical trial pursuant to this section and any of the person's employees working on the clinical trial may not be charged with or prosecuted for possession of psilocybin when the person is working on the clinical trial.

Sec. 106.009. COMPENSATION AND REIMBURSEMENT. A member of the advisory council is not entitled to compensation or reimbursement for expenses incurred in performing advisory council duties.

Sec. 106.010. SUNSET PROVISION. The Psilocybin Research Advisory Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the advisory council is abolished and this chapter expires September 1, 2035.

SECTION 2. Not later than December 31, 2023, the executive commissioner of the Health and Human Services Commission shall appoint the members to the Psilocybin Research Advisory Council as required by Section 106.003, Health and Safety Code, as added by this Act.

SECTION 16. This Act takes effect September 1, 2023.