Bill Text: TX HJR135 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Proposing a constitutional amendment providing for the establishment of the Mental Health and Brain Research Institute of Texas and establishing the Mental Health and Brain Institute Research Fund for the purposes of scientific research of all forms of mental health and human brain disease and disorders.

Spectrum: Slight Partisan Bill (Democrat 15-5)

Status: (Engrossed - Dead) 2023-04-11 - Received from the House [HJR135 Detail]

Download: Texas-2023-HJR135-Introduced.html

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By: Thompson of Harris H.J.R. No. 135

A JOINT RESOLUTION
proposing a constitutional amendment providing for the
establishment of the Mental Health and Brain Research Institute of
Texas and establishing the Mental Health and Brain Institute
Research Fund for the purposes of scientific research of all forms
of mental health and human brain disease and disorders.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 68 to read as follows:
Sec. 68. MENTAL HEALTH AND BRAIN RESEARCH INSTITUTE OF
TEXAS; MENTAL HEALTH AND BRAIN INSTITUTE RESEARCH FUND. (a) The
legislature shall establish the Mental Health and Brain Research
Institute of Texas to:
(1) award grants to institutions of learning, advanced
medical research facilities, public or private persons, and
collaborations in this state to provide funds for:
(A) research into the causes of and prevention,
treatment, rehabilitation, protocols, and cures for mental health
and human brain-related diseases, syndromes, disorders,
dysfunctions, injuries, developmental issues, neurological health
issues, behavioral health issues, and substance abuse disorders and
other addictions;
(B) research into any other issue impacting
mental health and the human brain, including an issue that directly
or indirectly impacts or is impacted by the brain or brain health,
such as the gut microbiome, nutrition, the spinal cord, or the
nervous system;
(C) facilities, equipment, supplies, salaries,
benefits, and other costs related to brain research;
(D) research, including translational research,
to develop therapies, protocols, medical pharmaceuticals, or
procedures for the cure or substantial mitigation of all types of
brain diseases and disorders; and
(E) prevention programs and strategies to
mitigate the incidence of detrimental health impacts on the brain;
(2) support institutions of learning and advanced
medical research facilities and collaborations in this state in all
stages of the process of:
(A) discovering the causes of all types of mental
and behavioral health issues, human brain-related diseases,
syndromes, disorders, dysfunctions, injuries, developmental
issues, neurological health issues,
(B) developing therapies, protocols, medical
pharmaceuticals, or procedures for the cure or substantial
mitigation of brain diseases and disorders from laboratory research
to clinical trials; and
(C) developing programs to address access to
advanced treatment of mental health and brain diseases or
disorders; and
(3) establish the appropriate standards and oversight
bodies to ensure the proper use of funds authorized under this
section for brain research and facilities development.
(b) The members of the governing body and any other
decision-making body of the Mental Health and Brain Research
Institute of Texas may serve six-year terms.
(c) The Mental Health and Brain Institute Research Fund is
established as a fund in the state treasury to be administered by
the comptroller of public accounts.
(d) On January 1, 2024, the comptroller shall transfer $3
billion from the general revenue fund to the Mental Health and Brain
Institute Research Fund. The transfer made under this subsection
is not an appropriation of state tax revenues for the purposes of
Section 22, Article VIII, of this constitution. This subsection
expires January 1, 2025.
(e) The Mental Health and Brain Institute Research Fund
consists of:
(1) money transferred to the fund under this article;
(2) money appropriated, credited, or transferred to
the fund by the legislature;
(3) gifts and grants, including grants from the
federal government, and other donations received for the fund;
(4) patent, royalty, and license fees and other income
received under a contract entered into by the Mental Health and
Brain Institute of Texas; and
(5) investment earnings and interest earned on amounts
credited to the fund.
(f) Notwithstanding any other provision of this
constitution, the Mental Health and Brain Research Institute of
Texas, as established by general law, may use money in the Mental
Health and Brain Institute Research Fund only for the purpose of
funding:
(1) grants in this state for mental health and brain
research, research facilities, and research opportunities in this
state to develop therapies, protocols, medical pharmaceuticals, or
procedures for the cure, substantial mitigation, or prevention of
brain diseases or disorders;
(2) grants for the prevention of mental and behavioral
health issues, substance abuse disorders and other addictions, and
brain disease and disorder prevention to mitigate the incidence of
all types of brain diseases or disorders in humans;
(3) the purchase, construction, or renovation,
subject to approval by the institute, of facilities by or on behalf
of a state agency or grant recipient; and
(4) the operation of the institute.
(g) Before the Mental Health and Brain Research Institute of
Texas may award a grant under this section, the recipient of the
grant must have an amount of funds equal to one-half the amount of
the grant dedicated to the research that is the subject of the grant
request.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment requiring the creation
of the Mental Health and Brain Institute of Texas, establishing the
Mental Health and Brain Institute Research Fund to provide funding
for mental health and brain research in this state, and
transferring general revenue to that fund."