Bill Text: TX HB1302 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Texas Mental Health Research Institute; authorizing the issuance of bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-27 - Referred to Public Health [HB1302 Detail]
Download: Texas-2019-HB1302-Introduced.html
86R5051 JG-D | ||
By: Davis of Harris | H.B. No. 1302 |
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relating to the creation of the Texas Mental Health Research | ||
Institute; authorizing the issuance of bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 12, Health and Safety Code, is amended by | ||
adding Chapter 1002 to read as follows: | ||
CHAPTER 1002. TEXAS MENTAL HEALTH RESEARCH INSTITUTE | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1002.0001. DEFINITIONS. In this chapter: | ||
(1) "Institute" means the Texas Mental Health Research | ||
Institute. | ||
(2) "Oversight committee" means the Texas Mental | ||
Health Research Institute Oversight Committee. | ||
(3) "Research review committee" means the Texas Mental | ||
Health Research Institute Research Review Committee. | ||
Sec. 1002.0002. PURPOSE. The Texas Mental Health Research | ||
Institute is established to: | ||
(1) develop and implement a Texas mental health | ||
research plan to promote synergistic collaboration in mental health | ||
and substance use disorder research across university systems in | ||
this state and advance the research component of the statewide | ||
behavioral health strategic plan or any appropriate successor | ||
statewide strategic plan relating to behavioral health; | ||
(2) create and expedite innovation in mental health | ||
and substance use disorder research to improve the health of the | ||
residents of this state; and | ||
(3) attract, create, or expand research capabilities | ||
of university systems in this state in a manner that will promote a | ||
substantial increase in mental health and substance use disorder | ||
research. | ||
SUBCHAPTER B. POWERS AND DUTIES OF INSTITUTE | ||
Sec. 1002.0051. POWERS AND DUTIES. (a) The institute: | ||
(1) may make grants to health-related institutions of | ||
higher education to further the purpose of this chapter; | ||
(2) may establish the appropriate standards and | ||
oversight bodies to ensure the proper use of funds authorized under | ||
this chapter; | ||
(3) may employ necessary staff to provide | ||
administrative support to the institute; | ||
(4) shall continuously monitor grant contracts and | ||
agreements authorized under this chapter and ensure that each grant | ||
recipient complies with the terms and conditions of the contract; | ||
(5) shall ensure that all grant proposals comply with | ||
this chapter and rules adopted under this chapter before the | ||
proposals are submitted to the oversight committee for approval; | ||
and | ||
(6) shall establish procedures to document that the | ||
institute, its employees, and any committee members appointed under | ||
this chapter comply with all rules governing conflicts of interest | ||
and the peer review process developed under Section 1002.0252. | ||
(b) The institute shall employ a chief compliance officer to | ||
monitor and report to the oversight committee regarding compliance | ||
with this chapter and rules adopted under this chapter. | ||
(c) In addition to other duties under this chapter, the | ||
chief compliance officer shall: | ||
(1) ensure that all grant proposals comply with this | ||
chapter and rules adopted under this chapter before the proposals | ||
are submitted to the oversight committee for approval; and | ||
(2) attend and observe research review committee | ||
meetings to ensure compliance with this chapter and rules adopted | ||
under this chapter. | ||
Sec. 1002.0052. CHIEF EXECUTIVE OFFICER. (a) The | ||
oversight committee shall hire a chief executive officer. The | ||
chief executive officer shall perform the duties required under | ||
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. | ||
Sec. 1002.0053. ANNUAL REPORT. Not later than January 31 of | ||
each year, the institute shall prepare and submit to the governor, | ||
the lieutenant governor, the speaker of the house of | ||
representatives, and each standing committee of the legislature | ||
having primary jurisdiction over mental health or substance use | ||
issues and post on the institute's Internet website a written | ||
report that outlines: | ||
(1) the institute's activities under this chapter; | ||
(2) a list of grant recipients during the preceding | ||
state fiscal year, including the grant amount awarded to each | ||
recipient; | ||
(3) any applicant the institute is considering | ||
awarding a grant; | ||
(4) any research accomplishments made during the | ||
preceding state fiscal year by a grant recipient; and | ||
(5) the institute's future direction. | ||
Sec. 1002.0054. INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY | ||
COMPTROLLER. (a) The institute shall annually commission an | ||
independent financial audit of its activities from a certified | ||
public accounting firm. The institute shall provide the audit to | ||
the comptroller. The comptroller shall review and evaluate the | ||
audit and annually issue a public report of that review. The | ||
comptroller shall make recommendations concerning the institute's | ||
financial practices and performance. | ||
(b) The oversight committee shall review the annual | ||
financial audit, the comptroller's report and evaluation of that | ||
audit, and the financial practices of the institute. | ||
Sec. 1002.0055. GRANT RECORDS. (a) The institute shall | ||
maintain complete records of: | ||
(1) the review of each grant application submitted to | ||
the institute, including the score assigned to each grant | ||
application reviewed, regardless of whether the grant application | ||
is not funded by the institute or is withdrawn after submission to | ||
the institute; | ||
(2) each grant recipient's financial reports, | ||
including the amount of matching funds dedicated to the research | ||
specified for the grant award; | ||
(3) each grant recipient's progress reports; and | ||
(4) the institute's review of the grant recipient's | ||
financial and progress reports. | ||
(b) The institute shall have periodic audits made of any | ||
electronic grant management system used to maintain records of | ||
grant applications and grant awards under this section. The | ||
institute shall address in a timely manner each weakness identified | ||
in an audit of the system. | ||
Sec. 1002.0056. GIFTS AND GRANTS. The institute may | ||
solicit and accept gifts and grants from any source for the purposes | ||
of this chapter. | ||
SUBCHAPTER C. OVERSIGHT COMMITTEE | ||
Sec. 1002.0101. COMPOSITION OF OVERSIGHT COMMITTEE. (a) | ||
The oversight committee is the governing body of the institute. | ||
(b) The oversight committee is composed of the following | ||
nine 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. | ||
Sec. 1002.0102. TERMS; VACANCY. (a) Oversight committee | ||
members appointed by the governor, lieutenant governor, and speaker | ||
of the house of representatives serve at the pleasure of the | ||
appointing office for staggered six-year terms, with the terms of | ||
three members expiring January 31 of each even-numbered year. | ||
(b) Not later than the 30th day after the date an oversight | ||
committee member's term expires, the appropriate appointing | ||
authority shall appoint a replacement. | ||
(c) If a vacancy occurs on the oversight committee, the | ||
appropriate appointing authority shall appoint a successor in the | ||
same manner as the original appointment to serve for the remainder | ||
of the unexpired term. The appropriate appointing authority shall | ||
appoint the successor not later than the 30th day after the date the | ||
vacancy occurs. | ||
Sec. 1002.0103. OFFICERS. (a) The oversight committee | ||
shall elect 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 in the position to which the officer was elected for | ||
two consecutive terms. | ||
(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. | ||
Sec. 1002.0104. EXPENSES. A member of the oversight | ||
committee is not entitled to compensation but is entitled to | ||
reimbursement as provided by the General Appropriations Act for | ||
actual and necessary expenses incurred in attending meetings of the | ||
committee or performing other official duties authorized by the | ||
presiding officer. | ||
Sec. 1002.0105. CONFLICT OF INTEREST. (a) The oversight | ||
committee shall adopt conflict-of-interest rules, based on | ||
standards adopted by the National Institutes of Health, to govern | ||
members of the oversight committee, members of the research review | ||
committee, and institute employees. | ||
(b) Nothing in this chapter limits the authority of the | ||
oversight committee to adopt additional conflict-of-interest rules | ||
and standards. | ||
Sec. 1002.0106. POWERS AND DUTIES. The oversight committee | ||
shall: | ||
(1) hire a chief executive officer; | ||
(2) annually set priorities as prescribed by the | ||
legislature for each grant program that receives money under this | ||
chapter; and | ||
(3) consider the priorities set under Subdivision (2) | ||
in awarding grants under this chapter. | ||
Sec. 1002.0107. RULEMAKING AUTHORITY. The oversight | ||
committee may adopt rules to administer this chapter. | ||
Sec. 1002.0108. CODE OF CONDUCT. The oversight committee | ||
shall adopt a code of conduct applicable to each member of the | ||
oversight committee, member of the research review committee, and | ||
institute employee. | ||
Sec. 1002.0109. FINANCIAL STATEMENT REQUIRED. Each member | ||
of the oversight committee shall file with the chief compliance | ||
officer a verified financial statement complying with Sections | ||
572.022 through 572.0252, Government Code, as required of a state | ||
officer by Section 572.021, Government Code. | ||
SUBCHAPTER D. RESEARCH REVIEW COMMITTEE | ||
Sec. 1002.0151. ESTABLISHMENT AND COMPOSITION OF RESEARCH | ||
REVIEW COMMITTEE. The oversight committee shall establish the | ||
research review committee. The chief executive officer, with | ||
approval by a simple majority of the members of the oversight | ||
committee, shall appoint as members of the research review | ||
committee experts in the field of mental health and substance use | ||
disorder research. | ||
SUBCHAPTER E. FUNDING | ||
Sec. 1002.0201. TEXAS MENTAL HEALTH RESEARCH FUND. (a) The | ||
Texas mental health research fund is a dedicated account in the | ||
general revenue fund. | ||
(b) The Texas mental health research fund consists of: | ||
(1) appropriations of money to the fund by the | ||
legislature, except that the appropriated money may not include the | ||
proceeds from the issuance of bonds authorized by Section 68, | ||
Article III, Texas Constitution; | ||
(2) gifts and grants, including grants from the | ||
federal government, received for the fund; and | ||
(3) interest earned on the investment of money in the | ||
fund. | ||
(c) The fund may be used only to pay for: | ||
(1) grants for mental health or substance use disorder | ||
research and for research facilities in this state to conduct | ||
mental health or substance use disorder research; | ||
(2) the purchase, subject to approval by the | ||
institute, of research facilities by or on behalf of a state agency | ||
or grant recipient; | ||
(3) the operation of the institute; and | ||
(4) debt service on bonds issued as authorized by | ||
Section 68, Article III, Texas Constitution. | ||
Sec. 1002.0202. ISSUANCE OF GENERAL OBLIGATION BONDS. (a) | ||
The institute may request the Texas Public Finance Authority to | ||
issue and sell general obligation bonds of the state as authorized | ||
by Section 68, Article III, Texas Constitution. | ||
(b) The Texas Public Finance Authority may not issue and | ||
sell general obligation bonds authorized by this section before | ||
January 1, 2020, and may not issue and sell more than $100 million | ||
in general obligation bonds authorized by this section in a state | ||
fiscal year. | ||
(c) The institute shall determine, and include in its | ||
request for issuing bonds, the amount, exclusive of costs of | ||
issuance, of the bonds to be issued and the preferred time for | ||
issuing the bonds. | ||
(d) The Texas Public Finance Authority shall issue the bonds | ||
in accordance with and subject to Chapter 1232, Government Code, | ||
and Texas Public Finance Authority rules. The bonds may be issued | ||
in installments. | ||
(e) Proceeds of the bonds issued under this section shall be | ||
deposited in separate funds or accounts, in the state treasury, as | ||
prescribed by the proceedings authorizing the bonds. | ||
(f) The proceeds of the bonds may be used only to: | ||
(1) make grants authorized by Section 68, Article III, | ||
Texas Constitution; | ||
(2) purchase facilities approved by the institute; | ||
(3) pay costs of operating the institute; or | ||
(4) pay costs of issuing the bonds and related bond | ||
administration costs of the Texas Public Finance Authority. | ||
Sec. 1002.0203. AUTHORIZED USE OF FUNDS. (a) A grant | ||
recipient awarded money from the Texas mental health research fund | ||
established under Section 1002.0201 may use the money for research | ||
consistent with the purposes of this chapter and in accordance with | ||
a contract between the grant recipient and the institute. | ||
(b) Except as otherwise provided by this section, money | ||
awarded under this chapter may be used for authorized expenses, | ||
including honoraria, salaries and benefits, travel, conference | ||
fees and expenses, consumable supplies, other operating expenses, | ||
contracted research and development, capital equipment, and | ||
construction or renovation of state or private facilities. | ||
SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS | ||
Sec. 1002.0251. INSTITUTIONS ELIGIBLE TO RECEIVE AWARDS. | ||
The following health-related institutions of higher education are | ||
eligible to receive awards under this chapter: | ||
(1) Baylor College of Medicine; | ||
(2) The Texas A&M University System Health Science | ||
Center; | ||
(3) Texas Tech University Health Sciences Center; | ||
(4) Texas Tech University Health Sciences Center at El | ||
Paso; | ||
(5) University of North Texas Health Science Center at | ||
Fort Worth; | ||
(6) Dell Medical School at The University of Texas at | ||
Austin; | ||
(7) The University of Texas Medical Branch at | ||
Galveston; | ||
(8) The University of Texas Health Science Center at | ||
Houston; | ||
(9) The University of Texas Health Science Center at | ||
San Antonio; | ||
(10) The University of Texas Rio Grande Valley School | ||
of Medicine; | ||
(11) The University of Texas Health Science Center at | ||
Tyler; and | ||
(12) The University of Texas Southwestern Medical | ||
Center. | ||
Sec. 1002.0252. PEER REVIEW PROCESS. The research review | ||
committee shall develop and oversee a peer review process for the | ||
selection of mental health and substance use disorder research | ||
projects. The peer review process must evaluate research projects | ||
based on: | ||
(1) to what extent the research project aligns with | ||
the research component of the statewide behavioral health strategic | ||
plan; | ||
(2) to what extent the research project aligns with | ||
state priorities and needs, including priorities and needs outlined | ||
in the statewide behavioral health strategic plan; | ||
(3) the anticipated impact and reach of the research | ||
project on residents of this state; and | ||
(4) the number of health-related institutions of | ||
higher education participating in the research project. | ||
Sec. 1002.0253. RULES FOR GRANT AWARD PROCEDURE. (a) The | ||
oversight committee shall issue rules regarding the procedure for | ||
awarding grants to an applicant under this chapter. The rules must | ||
require the research review committee to score grant applications | ||
and make recommendations to the oversight committee regarding the | ||
award of research grants, including the creation of a prioritized | ||
list that: | ||
(1) ranks the grant applications in the order the | ||
research review committee determines applications should be | ||
funded; and | ||
(2) includes information explaining how each grant | ||
application on the list meets the research review committee's | ||
standards for recommendation. | ||
(b) In scoring and making recommendations to the oversight | ||
committee under Subsection (a), the research review committee | ||
shall, to the extent possible: | ||
(1) give first priority to grant applications that | ||
focus on one or more of the following focus areas: | ||
(A) depression; | ||
(B) first episode of psychosis; | ||
(C) substance use disorder; | ||
(D) bipolar disorder and schizophrenia; or | ||
(E) community systems research; and | ||
(2) give second priority to grant applicants that: | ||
(A) ensure a collaborative approach to mental | ||
health and substance use disorder research; | ||
(B) ensure interdisciplinary or | ||
interinstitutional collaboration; or | ||
(C) enhance research superiority at | ||
health-related institutions of higher education in this state by: | ||
(i) creating new research superiority; | ||
(ii) attracting existing research | ||
superiority at health-related institutions of higher education | ||
outside this state and other research entities; and | ||
(iii) enhancing existing research | ||
superiority in this state by attracting researchers and resources | ||
from outside this state. | ||
Sec. 1002.0254. FUNDING RECOMMENDATIONS. Two-thirds of the | ||
members of the oversight committee present and voting must vote to | ||
approve each funding recommendation of the research review | ||
committee. If the oversight committee does not approve a funding | ||
recommendation of the research review committee, a statement | ||
explaining the reasons a funding recommendation was not followed | ||
must be included in the minutes of the meeting. | ||
Sec. 1002.0255. MAXIMUM AMOUNT OF ANNUAL AWARDS. The | ||
oversight committee may not award more than $100 million in grants | ||
under this chapter in a state fiscal year. | ||
Sec. 1002.0256. PERIOD FOR AWARDS. The oversight committee | ||
may not award money under this chapter after August 31, 2032. | ||
Sec. 1002.0257. GRANT EVALUATION. (a) The oversight | ||
committee shall require as a condition of a grant that the grant | ||
recipient submit to regular inspection reviews of the grant project | ||
by institute staff, including progress oversight reviews, to ensure | ||
compliance with the terms of the award and to ensure the scientific | ||
merit of the research. | ||
(b) The chief executive officer shall determine the grant | ||
review process under this section. The chief executive officer may | ||
suspend or terminate in accordance with Subsection (f) grants that | ||
do not meet contractual obligations. | ||
(c) The chief executive officer shall report at least | ||
annually to the oversight committee on the progress and continued | ||
merit of each research program funded by the institute. | ||
(d) The institute shall establish and implement reporting | ||
requirements to ensure that each grant recipient complies with the | ||
terms and conditions in the grant contract, including verification | ||
of the amounts of matching funds dedicated to the research that is | ||
the subject of the grant award to the grant recipient. | ||
(e) The institute shall implement a system to: | ||
(1) track the dates on which grant recipient reports | ||
are due and are received by the institute; and | ||
(2) monitor the status of any required report that is | ||
not timely submitted to the institute by a grant recipient. | ||
(f) The chief compliance officer shall monitor compliance | ||
with this section and at least annually shall inquire into and | ||
monitor the status of any required report that is not timely | ||
submitted to the institute by a grant recipient. The chief | ||
compliance officer shall notify the general counsel for the | ||
institute and the oversight committee of a grant recipient that has | ||
not maintained compliance with the reporting requirements or | ||
matching funds provisions of the grant contract to allow the | ||
institute to begin suspension or termination of the grant contract | ||
under Subsection (b). This subsection does not limit other | ||
remedies available under the grant contract. | ||
SECTION 2. Section 51.955(c), Education Code, is amended to | ||
read as follows: | ||
(c) Subsection (b)(1) does not apply to a research contract | ||
between an institution of higher education and the Cancer | ||
Prevention and Research Institute of Texas or Texas Mental Health | ||
Research Institute. | ||
SECTION 3. (a) Not later than January 31, 2020, the | ||
appropriate appointing authority shall appoint the members to the | ||
Texas Mental Health Research Institute Oversight Committee as | ||
required by Section 1002.0101, Health and Safety Code, as added by | ||
this Act. The oversight committee may not take action until a | ||
majority of the appointed members have taken office. | ||
(b) Notwithstanding Section 1002.0101, Health and Safety | ||
Code, as added by this Act, in making the initial appointments under | ||
that section, the governor, lieutenant governor, and speaker of the | ||
house of representatives shall designate one member of the Texas | ||
Mental Health Research Institute Oversight Committee appointed by | ||
that person to serve a term expiring January 31, 2022, one member | ||
appointed by that person to serve a term expiring January 31, 2024, | ||
and one member appointed by that person to serve a term expiring | ||
January 31, 2026. | ||
SECTION 4. This Act takes effect on January 1, 2020, but | ||
only if the constitutional amendment proposed by the 86th | ||
Legislature, Regular Session, 2019, providing for the | ||
establishment of the Texas Mental Health Research Institute is | ||
approved by the voters. If that amendment is not approved by the | ||
voters, this Act has no effect. |