Bill Text: TX HB4241 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the contract terms of certain grants awarded by the Cancer Prevention and Research Institute of Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Public Health [HB4241 Detail]
Download: Texas-2021-HB4241-Introduced.html
87R2060 MCF-F | ||
By: Jetton | H.B. No. 4241 |
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relating to the contract terms of certain grants awarded by the | ||
Cancer Prevention and Research Institute of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.255(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) Before the oversight committee may award [ |
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cancer research any grant from the [ |
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issued under Subchapter E, the recipient of the grant must certify | ||
that the recipient has an amount of funds equal to one-half of the | ||
grant amount and dedicate those funds to the research that is the | ||
subject of the grant request. The institute shall adopt rules | ||
specifying how a grant recipient fulfills obligations under this | ||
subchapter. At a minimum, the rules must: | ||
(1) allow a grant recipient that is an institution of | ||
higher education [ |
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of higher education, as those terms are defined by Section 61.003, | ||
Education Code, or a research institute or center affiliated with | ||
the institution, to credit toward the recipient's matching funds | ||
the dollar amount equivalent to the difference between the indirect | ||
cost rate authorized by the federal government for research grants | ||
awarded to the recipient and the indirect cost rate authorized by | ||
Section 102.203(c); | ||
(2) require that a grant recipient certify before the | ||
distribution of any money awarded under a grant for cancer | ||
research: | ||
(A) that encumbered funds equal to one-half of | ||
the amount of the total grant award are available and not yet | ||
expended for research that is the subject of the grant; or | ||
(B) if the grant recipient is an institution of | ||
higher education [ |
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of higher education, as those terms are defined by Section 61.003, | ||
Education Code, or a research institute or center affiliated with | ||
the institution, the indirect cost rate authorized by the federal | ||
research grants awarded to the recipient; | ||
(3) specify that: | ||
(A) a grant recipient receiving more than one | ||
grant award may provide matching funds certification at an | ||
institutional level; | ||
(B) the recipient of a multiyear grant award may | ||
certify matching funds on a yearly basis; and | ||
(C) grant funds may not be distributed to the | ||
grant recipient until the annual certification of the matching | ||
funds has been approved; | ||
(4) specify that money used for purposes of | ||
certification may include: | ||
(A) federal funds, including funds provided | ||
under the American Recovery and Reinvestment Act of 2009 (Pub. L. | ||
No. 111-5) and the fair market value of drug development support | ||
provided to the recipient by the National Cancer Institute or other | ||
similar programs; | ||
(B) funds of this state; | ||
(C) funds of other states; and | ||
(D) nongovernmental funds, including private | ||
funds, foundation grants, gifts, and donations; | ||
(5) specify that the following items do not qualify | ||
for purposes of the certification required by this subsection: | ||
(A) in-kind costs; | ||
(B) volunteer services furnished to a grant | ||
recipient; | ||
(C) noncash contributions; | ||
(D) income earned by the grant recipient that is | ||
not available at the time of the award; | ||
(E) preexisting real estate of the grant | ||
recipient, including buildings, facilities, and land; | ||
(F) deferred giving, including a charitable | ||
remainder annuity trust, a charitable remainder unitrust, or a | ||
pooled income fund; or | ||
(G) other items as may be determined by the | ||
oversight committee; | ||
(6) require a grant recipient and the institute to | ||
include the certification in the grant award contract; | ||
(7) specify that a grant recipient's failure to | ||
provide certification shall serve as grounds for terminating the | ||
grant award contract; | ||
(8) require a grant recipient to maintain adequate | ||
documentation supporting the source and use of the funds required | ||
by this subsection and to provide documentation to the institute | ||
upon request; and | ||
(9) require that the institute establish a procedure | ||
to conduct an annual review of the documentation supporting the | ||
source and use of funds reported in the required certification. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |