Bill Text: TX HB951 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the Cancer Prevention and Research Institute of Texas.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2013-03-12 - Referred to Public Health [HB951 Detail]

Download: Texas-2013-HB951-Introduced.html

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By: Keffer H.B. No. 951

A BILL TO BE ENTITLED
AN ACT
relating to the Cancer Prevention and Research Institute of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.001, Health and Safety Code, is
amended by amending Subdivision (3) to read as follows:
(3) "Research and prevention programs committee"
means the Cancer Prevention and Research Institute of Texas
Scientific Research and Prevention Programs committees appointed
by the chief executive officer [director].
SECTION 2. Section 102.051, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The institute may:
(1) make grants to provide funds to public or private
persons to implement the Texas Cancer Plan, and may make grants to
institutions of learning and to advanced medical research
facilities and collaborations in this state for:
(A) research into the causes of and cures for all
types of cancer in humans;
(B) facilities for use in research into the
causes of and cures for cancer;
(C) research, including translational research,
to develop therapies, protocols, medical pharmaceuticals, or
procedures for the cure or substantial mitigation of all types of
cancer in humans; and
(D) cancer prevention and control programs in
this state to mitigate the incidence of all types of cancer in
humans;
(2) support institutions of learning and advanced
medical research facilities and collaborations in this state in all
stages in the process of finding the causes of all types of cancer
in humans and developing cures, from laboratory research to
clinical trials and including programs to address the problem of
access to advanced cancer treatment;
(3) establish the appropriate standards and oversight
bodies to ensure the proper use of funds authorized under this
chapter for cancer research and facilities development;
(4) [employ an executive director as determined by the
oversight committee;
[(5)] employ necessary staff to provide
administrative support; and
(5) [(6)] monitor contracts and agreements authorized
by this chapter.
(c) The institute shall employ a compliance officer, who,
under the direction of the chief executive officer, shall ensure
that:
(1) all grant proposals comply with this chapter and
rules adopted under this chapter before being submitted to the
oversight committee for approval;
(2) the institute, its employees, and its committee
members appointed under this chapter comply with all laws and rules
governing the peer review process and conflicts of interest; and
(3) each grant recipient complies with the terms of
the grant contract.
SECTION 3. Subchapter B, Chapter 102, Health and Safety
Code, is amended by adding Section 102.0511 to read as follows:
Sec. 102.0511. CHIEF EXECUTIVE OFFICER; OTHER OFFICERS. (a)
The oversight committee shall hire a chief executive officer. Under
the direction of the oversight committee, the chief executive
officer shall perform the duties required by this chapter or
designated by the oversight committee.
(b) The chief executive officer must have:
(1) broad scientific and clinical experience;
(2) a balanced research and development portfolio; and
(3) a demonstrated ability to lead and develop
academic, commercial, and governmental partnerships and
coalitions.
(c) The chief executive officer shall hire:
(1) one chief scientific officer, who reports directly
to the chief executive officer;
(2) one chief operating officer, who reports directly
to the chief executive officer; and
(3) one development officer, who reports directly to
the chief executive officer and assists in attracting
public-private partnerships to further cancer research.
SECTION 4. Section 102.052(a), Health and Safety Code, is
amended to read as follows:
(a) The institute shall issue an annual public report
outlining the institute's activities, grants awarded, grants in
progress, research accomplishments, and future program
directions. The report must include:
(1) the number and dollar amounts of research and
facilities grants;
(2) identification of the grant recipients for the
reported year;
(3) the institute's administrative expenses;
(4) an assessment of the availability of funding for
cancer research from sources other than the institute;
(5) a summary of findings of research funded by the
institute, including promising new research areas;
(6) an assessment of the relationship between the
institute's grants and the overall strategy of its research
program;
(7) a statement of the institute's strategic research
and financial plans; [and]
(8) an estimate of how much cancer has cost the state
during the year, including the amounts spent by the state relating
to cancer by the child health program, the Medicaid program, the
Teacher Retirement System of Texas, and the Employees Retirement
System of Texas; and
(9) a statement of the institute's compliance program
activities, including any proposed legislation or other
recommendations identified through the activities.
SECTION 5. Section 102.056, Health and Safety Code, is
amended to read as follows:
Sec. 102.056. SALARY. The institute may supplement the
salary of the chief executive officer [director] and other senior
institute staff members. Funding for a salary supplement may come
from gifts, grants, donations, or appropriations.
SECTION 6. Subchapter B, Chapter 102, Health and Safety
Code, is amended by adding Sections 102.057 through 102.063 to read
as follows:
Sec. 102.057. PROHIBITED OFFICE LOCATION. An institute
employee may not have an office in a facility owned by an entity
receiving or applying to receive money from the institute.
Sec. 102.058. CONFLICT OF INTEREST REQUIRING RECUSAL. (a)
An oversight committee member or institute employee shall disclose
in writing to the chief executive officer if the member, the
employee, or a person who is related to the member or employee
within the second degree of affinity or consanguinity has a
professional or financial interest in an entity receiving or
applying to receive money from the institute.
(b) The member or employee described by Subsection (a) shall
recuse himself or herself from the institute's consideration of
grant applications from the entity receiving or applying to receive
money from the institute as provided by Section 102.062(a) or (b),
as applicable.
(c) A person has a professional interest in an entity
receiving or applying to receive money from the institute if the
person:
(1) is a member of the board of directors, the other
governing board, or any committee of the entity, or of a foundation
or similar organization affiliated with the entity, during the same
grant cycle;
(2) serves as an elected or appointed officer of the
entity or of a foundation or similar organization affiliated with
the entity;
(3) is an employee of or is negotiating future
employment with the entity or with a foundation or similar
organization affiliated with the entity;
(4) represents the entity or a foundation or similar
organization affiliated with the entity;
(5) is a professional associate of a primary member of
the entity's research or prevention program team;
(6) is, or within the preceding six years has been, a
student, postdoctoral associate, or part of a laboratory research
group for a primary member of the entity's research or prevention
program team;
(7) is engaged or is actively planning to be engaged in
collaboration with a primary member of the entity's research or
prevention program team; or
(8) has long-standing scientific differences or
disagreements with a primary member of the entity's research or
prevention program team, and those differences:
(A) are known to the professional community; and
(B) could be perceived as affecting objectivity.
(d) A person has a financial interest in an entity receiving
or applying to receive money from the institute if the person:
(1) owns or controls, directly or indirectly, an
ownership interest, including sharing in profits, proceeds, or
capital gains, in an entity receiving or applying to receive money
from the institute or in a foundation or similar organization
affiliated with the entity; or
(2) could reasonably foresee that an action taken by a
scientific research and prevention program committee, the
institute, or the oversight committee could result in financial
benefit to the person.
Sec. 102.059. STANDARDS OF CONDUCT. (a) An oversight
committee member or institute employee may not:
(1) accept or solicit any gift, favor, or service that
could reasonably influence the member or employee in the discharge
of official duties or that the member or employee knows or should
know is being offered with the intent to influence the member's or
employee's official conduct;
(2) accept employment or engage in any business or
professional activity that would reasonably require or induce the
member or employee to disclose confidential information acquired in
the member's or employee's official position;
(3) accept other employment or compensation that could
reasonably impair the member's or employee's independent judgment
in the performance of official duties;
(4) make personal investments or have a financial
interest that could reasonably create a substantial conflict
between the member's or employee's private interest and the member's
or employee's official duties;
(5) intentionally or knowingly solicit, accept, or
agree to accept any benefit for exercising the member's official
powers or performing the member's or employee's official duties in
favor of another; or
(6) lease, directly or indirectly, any property,
capital equipment, employee, or service to any program, business
entity, organization, or institution that receives a grant from the
institute.
(b) An oversight committee member or the member's spouse may
not:
(1) submit a grant application for funding by the
institute;
(2) be employed by or participate in the management of
a business entity or other organization receiving money from the
institute;
(3) own or control, directly or indirectly, a
financial interest in a business entity or other organization
receiving money from the institute; or
(4) use or receive a substantial amount of tangible
goods, services, or money from the institute other than
reimbursement authorized for attendance or expenses.
(c) An oversight committee member, an institute employee,
or an individual related to the employee within the second degree of
affinity or consanguinity may not serve on the board of directors or
other governing board of a nonprofit organization established to
provide support to the institute.
(d) An institute employee may not serve on the board of
directors of a nonprofit organization established with a grant from
the institute.
(e) An employee of a nonprofit organization established
with a grant from the institute may not serve on the
commercialization review council.
(f) The institute may not participate in a business decision
of a nonprofit organization established with a grant from the
institute.
(g) Notwithstanding Section 102.156, a member of a research
and prevention programs committee appointed under this chapter may
not serve on the board of directors or other governing board of an
entity receiving a grant from the institute or of a foundation or
similar organization affiliated with the entity.
Sec. 102.060. INVESTIGATION OF CONFLICTS OF INTEREST. (a)
An oversight committee member, a committee member, or an institute
employee shall immediately notify the chief executive officer of a
conflict of interest, including a professional or financial
interest described by Section 102.058 or 102.156. On notification,
the chief executive officer shall notify the presiding officer of
the oversight committee and the general counsel, who shall
determine the nature and extent of any conflict.
(b) A grant applicant seeking an investigation regarding
whether a prohibited conflict of interest was not reported shall
file a written request with the institute's chief executive
officer. The applicant must:
(1) include in the request all facts regarding the
alleged conflict of interest; and
(2) submit the request not later than the 30th day
after the date the chief executive officer presents final funding
recommendations for the affected grant cycle to the oversight
committee.
(c) On notification of an alleged conflict of interest under
Subsection (a) or (b), the institute's general counsel shall:
(1) investigate the matter; and
(2) provide to the chief executive officer and
presiding officer of the oversight committee an opinion that
includes:
(A) a statement of facts;
(B) a determination of whether a conflict of
interest or another impropriety or self-dealing exists; and
(C) if the opinion provides that a conflict of
interest or another impropriety or self-dealing exists,
recommendations for an appropriate course of action.
(d) If the conflict of interest involves the presiding
officer of the oversight committee, the institute's general counsel
shall provide the opinion to the next ranking oversight committee
member who is not involved with the conflict of interest,
impropriety, or self-dealing.
(e) After receiving the opinion and consulting with the
presiding officer of the oversight committee, the chief executive
officer shall take action regarding the recusal of the individual
from any discussion of or access to information related to the
conflict of interest, impropriety, or self-dealing. If the alleged
conflict of interest, impropriety, or self-dealing is held by, or
is an act of, the chief executive officer, the presiding officer of
the oversight committee shall take actions regarding the recusal.
Sec. 102.061. FINAL DETERMINATION OF CONFLICT OF INTEREST.
(a) The chief executive officer or, if applicable, the presiding
officer of the oversight committee shall make a final determination
regarding the existence of a conflict of interest, impropriety, or
self-dealing. The final determination must specify any actions to
be taken to address the conflict of interest, impropriety, or
self-dealing, including:
(1) reconsideration of the application; or
(2) referral of the application to another scientific
research and prevention programs committee for review.
(b) The final determination is considered final unless
three or more oversight committee members request that the issue be
added to the agenda of the oversight committee.
(c) The chief executive officer shall provide written
notice of the final determination, including any further actions to
be taken, to the grant applicant requesting an investigation.
(d) Unless specifically determined by the chief executive
officer or the oversight committee, the validity of an action taken
on a grant application is not affected by the fact that an
individual who failed to report a conflict of interest participated
in the action.
Sec. 102.062. DISCLOSURE OF CONFLICT OF INTEREST. (a) If an
oversight committee member has a conflict of interest, including a
professional or financial interest described by Section 102.058,
regarding an application that comes before the member for review or
other action, the member shall:
(1) notify the chief executive officer, as provided by
Section 102.058, and the presiding officer of the oversight
committee or the next ranking member of the committee if the
presiding officer has the conflict of interest;
(2) disclose the conflict of interest in an open
meeting of the oversight committee; and
(3) recuse himself or herself from participating in
the review, discussion, deliberation, and vote on the application
and from accessing information regarding the matter to be decided.
(b) If an institute employee has a conflict of interest,
including a professional or financial interest described by Section
102.058, regarding an application that comes before the employee
for review or other action, the employee shall:
(1) notify the chief executive officer of the conflict
of interest; and
(2) recuse himself or herself from participating in
the review of the application and be prevented from accessing
information regarding the matter to be decided.
(c) An oversight committee member or institute employee who
reports a potential conflict of interest or another impropriety or
self-dealing of the member or employee and who fully complies with
the recommendations of the general counsel and recusal is
considered in compliance with the conflict-of-interest provisions
of this chapter. The member or employee is subject to other
applicable laws, rules, requirements, and prohibitions.
(d) An oversight committee member or institute employee who
intentionally violates this section is subject to removal from
further participation in the institute's grant review process.
Sec. 102.063. ADDITIONAL DUTIES OF COMPLIANCE OFFICER. (a)
The compliance officer shall adopt and implement a policy on
in-state or out-of-state residency requirements for members of the
commercialization review council.
(b) The compliance officer shall retain documentation
relating to:
(1) each grant recipient's financial reports;
(2) each grant recipient's progress reports; and
(3) institute reviews of the financial reports and
progress reports.
(c) The compliance officer shall adopt and implement a
system to track the date on which a grant recipient's report:
(1) is due; and
(2) is received by the institute.
(d) The compliance officer shall inquire into and monitor
the status of any required report that is not timely submitted to
the institute by a grant recipient.
(e) The compliance officer shall develop and implement a
policy on advance payments to grant recipients.
SECTION 7. Section 102.101(e), Health and Safety Code, is
amended to read as follows:
(e) A person may not be a member of the oversight committee
if, at the time the person is appointed, the person or the person's
spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving money from the
institute;
(2) owns or controls, directly or indirectly, an [more
than a five percent] interest in a business entity or other
organization receiving money from the institute; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the institute, other than
reimbursement authorized by this chapter for oversight committee
membership, attendance, or expenses.
SECTION 8. Section 102.102(c), Health and Safety Code, is
amended to read as follows:
(c) If the chief executive officer [director] has knowledge
that a potential ground for removal exists, the chief executive
officer [director] shall notify the presiding officer of the
oversight committee of the potential ground. The presiding
officer shall then notify the appointing authority and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
chief executive officer [director] shall notify the next highest
ranking officer of the oversight committee, who shall then notify
the appointing authority and the attorney general that a potential
ground for removal exists.
SECTION 9. Section 102.103(a), Health and Safety Code, is
amended to read as follows:
(a) Oversight committee members appointed by the governor,
lieutenant governor, and speaker of the house serve at the pleasure
of the appointing officer for staggered six-year terms, with the
terms of three members expiring on January 31 of each odd-numbered
year.
SECTION 10. Section 102.104, Health and Safety Code, is
amended to read as follows:
Sec. 102.104. OFFICERS. (a) The oversight committee shall
select a presiding officer from among its members.
(b) The presiding officer may not serve more than two years.
SECTION 11. Section 102.107, Health and Safety Code, is
amended to read as follows:
Sec. 102.107. POWERS AND DUTIES. The oversight committee
shall:
(1) hire a chief [an] executive officer;
(2) annually set priorities, as prescribed by the
Legislature, for each grant program and each category of funded
research that receives money under this chapter; and
(3) consider the priorities set under Subdivision (2)
in awarding grants under this chapter [director].
SECTION 12. Section 102.151, Health and Safety Code, is
amended by amending Subsections (a-1) and (b) and adding
Subsections (c), (e), and (f) to read as follows:
(a-1) The chief executive officer [director], with approval
by simple majority of the members of the oversight committee, shall
appoint as members of scientific research and prevention programs
committees experts in the field of cancer research and prevention.
(b) Individuals appointed to [the] research and prevention
programs committees [committee] may be residents of this state or
another state.
(c) The oversight committee shall establish as scientific
research and prevention programs committees the following standing
review committees:
(1) a basic research committee;
(2) a translation research committee;
(3) an infrastructure committee; and
(4) a multidisciplinary committee.
(e) The oversight committee, as the oversight committee
considers necessary, may add committee members to a scientific
research and prevention programs committee or standing review
committee.
(f) The chief executive officer, in consultation with the
oversight committee, shall implement a system to document any
change in the amount of honorarium paid to a member of a scientific
research and prevention programs committee, including information
explaining the basis for changing the amount.
SECTION 13. Section 102.152, Health and Safety Code, is
amended to read as follows:
Sec. 102.152. TERMS OF RESEARCH AND PREVENTION PROGRAMS
COMMITTEE MEMBERS. Members of a research and prevention programs
committee serve for terms as determined by the chief executive
officer [director].
SECTION 14. Section 102.156, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) A member of a research and prevention programs
committee, the university advisory committee, or any ad hoc
committee appointed under this subchapter shall disclose in writing
to the chief executive officer [director] if the member has a
professional [an interest in a matter that comes before the
member's committee] or [has a substantial] financial interest in an
entity that has a direct interest in a [the] matter that comes
before the member's committee.
(c) A person has a [substantial] financial interest in an
entity if the person:
(1) is an employee, member, director, or officer of
the entity; or
(2) owns or controls, directly or indirectly, an [more
than a five percent] interest in the entity.
(d) A person has a professional interest in an entity
receiving or applying to receive money from the institute if the
person:
(1) is a member of the board of directors, the other
governing board, or any committee of the entity during the same
grant cycle;
(2) serves as an elected or appointed officer of the
entity;
(3) is an employee of or is negotiating future
employment with the entity;
(4) represents the entity;
(5) is a professional associate of a primary member of
the entity's research or prevention program applicant's team;
(6) is, or within the preceding six years has been, a
student, postdoctoral associate, or part of a laboratory research
group for a primary member of the entity's research or prevention
program applicant's team;
(7) is engaged or is actively planning to be engaged in
collaboration with a primary member of the entity's research or
prevention program applicant's team; or
(8) has long-standing scientific differences or
disagreements with a primary member of the entity's research or
prevention program applicant's team, and those differences:
(A) are known to the professional community; and
(B) could be perceived as affecting objectivity.
SECTION 15. Section 102.251, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (c), (d),
and (e) to read as follows:
(a) The oversight committee shall issue rules regarding the
procedure for awarding grants to an applicant under this chapter.
The rules must require grant applications to include specific
periodic deliverables that if not met prohibit continued grant
funding. The rules must include the following procedures:
(1) a research and prevention programs committee shall
semiquantitatively rate [review] grant applications according to
predetermined categories and make recommendations to the Program
Integration Committee, established under Subchapter G, [executive
director] regarding the award of cancer research grants, including
a prioritized list that:
(A) ranks the grant applications in the order the
committee determines applications should be funded; and
(B) includes information explaining how each
grant application on the list meets the research and prevention
programs committee's standards for recommendation;
(2) the Program Integration Committee [executive
director] shall submit to the oversight committee a list of grant
applications, including documentation on the factors the Program
Integration Committee considered in making the grant
recommendations, that is substantially based on the list submitted
by the committee under Subdivision (1) and, to the extent possible,
gives priority to proposals that:
(A) could lead to immediate or long-term medical
and scientific breakthroughs in the area of cancer prevention or
cures for cancer;
(B) strengthen and enhance fundamental science
in cancer research;
(C) ensure a comprehensive coordinated approach
to cancer research;
(D) are interdisciplinary or interinstitutional;
(E) address federal or other major research
sponsors' priorities in emerging scientific or technology fields in
the area of cancer prevention or cures for cancer;
(F) are matched with funds available by a private
or nonprofit entity and institution or institutions of higher
education;
(G) are collaborative between any combination of
private and nonprofit entities, public or private agencies or
institutions in this state, and public or private institutions
outside this state;
(H) have a demonstrable economic development
benefit to this state;
(I) enhance research superiority at institutions
of higher education in this state by creating new research
superiority, attracting existing research superiority from
institutions not located in this state and other research entities,
or enhancing existing research superiority by attracting from
outside this state additional researchers and resources; and
(J) expedite innovation and commercialization,
attract, create, or expand private sector entities that will drive
a substantial increase in high-quality jobs, and increase higher
education applied science or technology research capabilities; and
(3) the institute's chief scientific officer and
development officer shall compare the list of grant applicants
submitted to the oversight committee under Subdivision (2) to a
list of donors from any nonprofit organization established to
provide support to the institute compiled from information made
available under Section 102.262(c).
(c) The chief executive officer shall submit a written
affidavit for each grant application recommendation included on the
list submitted to the oversight committee under Subsection (a)(2).
The affidavit must contain all relevant information on:
(1) the peer review process for the grant application;
(2) the application's peer review score;
(3) the pre-grant due diligence reviews of the
application; and
(4) if applicable, the intellectual property reviews
of the application.
(d) The chief executive officer may not discuss a grant
applicant recommendation with a member of the oversight committee
unless the chief executive officer has fulfilled the requirements
of Subsections (a)(2) and (c).
(e) The institute may not award a grant to an applicant who
has made a gift or grant to a nonprofit organization established to
provide support to the institute.
SECTION 16. Section 102.252, Health and Safety Code, is
amended to read as follows:
Sec. 102.252. FUNDING [OVERRIDING] RECOMMENDATIONS. (a)
The oversight committee must follow the funding recommendations of
the chief executive officer [director] in the order the chief
executive officer [director] submits the applications to the
oversight committee unless two-thirds of the members of the
oversight committee vote to disregard a recommendation.
(b) The oversight committee shall approve or disapprove
each grant application submitted to the committee by the chief
executive officer.
SECTION 17. Section 102.255(d), Health and Safety Code, is
amended to read as follows:
(d) Before the oversight committee may make for cancer
research any grant of any proceeds of the bonds issued under
Subchapter E, the recipient of the grant must have an amount of
funds equal to one-half of the grant and dedicate those funds to the
specific grant proposal dedicated to the research that is the
subject of the grant request.
SECTION 18. Sections 102.260(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The chief executive officer [director] shall determine
the grant review process under this section. The chief executive
officer [director] may terminate grants that do not meet
contractual obligations.
(c) The chief executive officer [director] shall report at
least annually to the oversight committee on the progress and
continued merit of each research program funded by the institute.
SECTION 19. Section 102.262, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The records of the institute and of a nonprofit
organization established to provide support to the institute shall,
to the extent the records pertain specifically to any gift, grant,
or other consideration provided by the organization to the
institute, an employee of the institute, or a member of a committee
of the institute, be made available to the public. A record that is
available under this subsection is public information subject to
Chapter 552, Government Code.
SECTION 20. Subchapter F, Chapter 102, Health and Safety
Code, is amended by adding Section 102.263 to read as follows:
Sec. 102.263. COMPLIANCE PROGRAM. (a) In this section,
"compliance program" means a process to assess and ensure
compliance by the institute's committee members and employees with
applicable laws, rules, and policies, including matters of:
(1) ethics and standards of conduct;
(2) financial reporting;
(3) internal accounting controls; and
(4) auditing.
(b) The institute shall establish a compliance program that
operates under the direction of the institute's compliance officer.
The institute may establish procedures, such as a telephone
hotline, to allow private access to the compliance program office
and to preserve the confidentiality of communications and the
anonymity of a person making a compliance report or participating
in a compliance investigation.
(c) The following are confidential:
(1) information that directly or indirectly reveals
the identity of an individual who made a report to the institute's
compliance program office, sought guidance from the office, or
participated in an investigation conducted under the compliance
program; and
(2) information that directly or indirectly reveals
the identity of an individual who is alleged to have or may have
planned, initiated, or participated in activities that are the
subject of a report made to the office if, after completing an
investigation, the office determines the report to be
unsubstantiated or without merit.
(d) Subsection (c) does not apply to information related to
an individual who consents to disclosure of the information.
(e) Information is excepted from disclosure under Chapter
552, Government Code, if it is collected or produced in a compliance
program investigation and releasing the information would
interfere with an ongoing compliance investigation.
(f) Information made confidential or excepted from public
disclosure by this section may be made available to the following on
request in compliance with applicable law and procedure:
(1) a law enforcement agency or prosecutor;
(2) a governmental agency responsible for
investigating the matter that is the subject of a compliance
report, including the Texas Workforce Commission civil rights
division or the federal Equal Employment Opportunity Commission; or
(3) a committee member or institute employee who is
responsible under institutional policy for a compliance program
investigation or for a review of a compliance program
investigation.
(g) A disclosure under Subsection (f) is not a voluntary
disclosure for purposes of Section 552.007, Government Code.
SECTION 21. Chapter 102, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. PROGRAM INTEGRATION COMMITTEE
Sec. 102.301. COMPOSITION. (a) The program integration
committee is composed of the following seven members:
(1) the chief executive officer;
(2) the chief scientific officer;
(3) the development officer;
(4) the commissioner of state health services;
(5) one member appointed by the governor;
(6) one member appointed by the lieutenant governor;
and
(7) one member appointed by the speaker of the house of
representatives.
(b) The members appointed under Subsections(a)(5)-(7) must
have expertise in academic science or business.
Sec. 102.302. DUTIES. The program integration committee
shall:
(1) review and assess the ratings assigned by a
research and prevention programs committee in its initial review of
grant applications;
(2) prioritize the applications that the committee
determines will have the greatest impact on the health and economy
of this state;
(3) prepare grant application recommendations for the
oversight committee;
(4) make recommendations to the oversight committee
concerning the development and maintenance of any institute
investment grants and other investments, including any investment
requirements prescribed by the legislature or under state law; and
(5) ensure that the institute does not duplicate other
cancer-related research, including research conducted by the
United States Department of Health and Human Services National
Institutes of Health.
SECTION 22. (a) As soon as practicable after the effective
date of this Act, the Cancer Prevention and Research Institute of
Texas Oversight Committee shall adopt the rules necessary to
implement the changes in law made by this Act.
(b) The changes in law made by this Act apply only to a grant
application submitted to the Cancer Prevention and Research
Institute of Texas on or after the effective date of this Act. A
grant application submitted before the effective date of this Act
is governed by the law in effect on the date the application was
submitted, and that law is continued in effect for that purpose.
(c) Not later than January 1, 2014, employees, oversight
committee members, and members of other committees of the Cancer
Prevention and Research Institute of Texas must comply with the
changes in law made by this Act regarding the qualifications of the
employees and members.
(d) Not later than December 1, 2013, the Cancer Prevention
and Research Institute of Texas Oversight Committee shall employ a
chief executive officer and a compliance officer as required by
Sections 102.051(c) and 102.0511, Health and Safety Code, as added
by this Act.
(e) As soon as practicable after the effective date of this
Act, the Cancer Prevention and Research Institute of Texas
Oversight Committee shall establish a compliance program as
required by Section 102.263, Health and Safety Code, as added by
this Act.
SECTION 23. 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, 2013.