Bill Text: TX HB2342 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the research, collection, and use of adult stem cells.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-05-02 - Committee report sent to Calendars [HB2342 Detail]
Download: Texas-2013-HB2342-Comm_Sub.html
83R23418 SCL-D | |||
By: Zedler, et al. | H.B. No. 2342 | ||
Substitute the following for H.B. No. 2342: | |||
By: Geren | C.S.H.B. No. 2342 |
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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, 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 may be funded by gifts, | ||
grants, and donations described by Section 156.007. | ||
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. Section 241.003, Health and Safety Code, is | ||
amended by amending Subdivision (1) and adding Subdivision (1-a) to | ||
read as follows: | ||
(1) "Adult stem cell" has the meaning assigned by | ||
Section 162.001. | ||
(1-a) "Advanced practice nurse" means a registered | ||
nurse recognized as an advanced practice nurse by the Texas Board of | ||
Nursing. | ||
SECTION 5. Subchapter A, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.009 to read as follows: | ||
Sec. 241.009. USE OF ADULT STEM CELLS. A hospital may use | ||
adult stem cells in a procedure if a physician providing services at | ||
the hospital determines that the use of adult stem cells in the | ||
procedure is appropriate and the patient consents in writing to the | ||
use. | ||
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, 2015, one member to a term expiring February 1, | ||
2017, and one member to a term expiring February 1, 2019; | ||
(2) the lieutenant governor shall appoint one member | ||
to a term expiring February 1, 2017, and one member to a term | ||
expiring February 1, 2019; and | ||
(3) the speaker of the house of representatives shall | ||
appoint one member to a term expiring February 1, 2017, and one | ||
member to a term expiring February 1, 2019. | ||
(b) Not later than September 1, 2014, 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, 2013. |