Bill Text: TX HB177 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the research, collection, and use of adult stem cells.
Spectrum: Partisan Bill (Republican 30-1)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB177 Detail]
Download: Texas-2015-HB177-Enrolled.html
H.B. No. 177 |
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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, with the advice and consent of the senate; | ||
(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. [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 177 was passed by the House on May 13, | ||
2015, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 177 on May 27, 2015, by the following vote: Yeas 139, Nays 2, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 177 was passed by the Senate, with | ||
amendments, on May 24, 2015, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |