Bill Text: TX SB264 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the establishment of the Texas Research Consortium to Cure Infectious Diseases (TRANSCEND); authorizing the issuance of bonds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-03 - Referred to Health & Human Services [SB264 Detail]

Download: Texas-2021-SB264-Introduced.html

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87R1318 JG-D
By: Menéndez S.B. No. 264

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Research Consortium to
Cure Infectious Diseases (TRANSCEND); authorizing the issuance of
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
amended by adding Chapter 90 to read as follows:
CHAPTER 90. TEXAS RESEARCH CONSORTIUM TO CURE INFECTIOUS DISEASES
(TRANSCEND)
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 90.001. DEFINITIONS. In this chapter:
(1) "Consortium" means the Texas Research Consortium
to Cure Infectious Diseases (TRANSCEND).
(2) "Disease" means a disorder of structure or
function in a human that produces specific signs or symptoms or
affects a specific location in the human body and that has the
potential of being prevented by a vaccine or otherwise treated or
cured.
(3) "Oversight committee" means the Texas Research
Consortium to Cure Infectious Diseases (TRANSCEND) Oversight
Committee.
(4) "Scientific committee" means the Texas Research
Consortium to Cure Infectious Diseases (TRANSCEND) Scientific
Committee.
Sec. 90.002. PURPOSE. The Texas Research Consortium to
Cure Infectious Diseases (TRANSCEND) is established to:
(1) accelerate advancements in infectious disease
diagnosis, treatment, prevention, and cures;
(2) facilitate innovative research and development to
prepare for and address public health crises caused by infectious
diseases;
(3) recruit, retain, and invest in leading infectious
disease experts to research and develop diagnostics, therapies, and
vaccines for infectious diseases;
(4) establish a centralized research location through
which the consortium will operate and facilitate collaborative
research on infectious diseases and related disorders and the
development of treatments and cures for infectious diseases; and
(5) communicate the consortium's mission to the
public.
Sec. 90.003. SUNSET PROVISION. The Texas Research
Consortium to Cure Infectious Diseases (TRANSCEND) is subject to
Chapter 325, Government Code (Texas Sunset Act), but is not
abolished under that chapter. The consortium shall be reviewed
during the period in which state agencies scheduled to be abolished
in 2035, and every 12 years after that year, are reviewed.
SUBCHAPTER B. POWERS AND DUTIES OF CONSORTIUM
Sec. 90.051. POWERS AND DUTIES. The consortium:
(1) may award grants to persons for the purpose of:
(A) conducting collaborative research on
infectious diseases and associated conditions and innovative
methods to prepare for infectious disease outbreaks;
(B) developing treatments and cures, including
vaccines, for diseases and associated conditions;
(C) developing education initiatives and
conducting outreach to engage and inform the public on infectious
diseases and associated conditions; and
(D) developing initiatives to prepare for and
rapidly respond to infectious disease outbreaks and public health
crises;
(2) shall establish a centralized research location
through which the consortium will operate and facilitate
collaborative research on infectious diseases and related
disorders and the development of treatments and cures for
infectious diseases;
(3) shall establish appropriate standards and
oversight bodies to ensure money authorized under this chapter is
properly used for infectious disease research and preparation and
development of infectious disease treatments and cures;
(4) shall develop collaborative research
opportunities in accordance with Subchapter F;
(5) may employ necessary staff to provide
administrative support;
(6) shall continuously monitor contracts or
agreements entered into under this chapter to ensure that each
grant recipient or person conducting research under Subchapter F
complies with the terms and conditions of the contract or
agreement;
(7) shall ensure that all grant applications comply
with this chapter and rules adopted under this chapter before the
applications are submitted to the scientific committee for
consideration and approval; and
(8) shall establish procedures to document that the
consortium, the consortium's employees, and other consortium
members appointed or hired under this chapter comply with any laws
and rules governing conflicts of interest.
Sec. 90.052. CHIEF EXECUTIVE OFFICER; CHIEF COMPLIANCE
OFFICER; ADDITIONAL OFFICERS. (a) The oversight committee shall
hire a chief executive officer. The chief executive officer shall
perform the duties required under this chapter or designated by the
oversight committee. The chief executive officer must have a
demonstrated ability to lead and develop academic, commercial, and
public or private partnerships and coalitions.
(b) The consortium shall employ a chief compliance officer
to monitor compliance with this chapter and rules adopted under
this chapter and report incidents of noncompliance to the oversight
committee. The chief compliance officer shall:
(1) ensure that all grant applications comply with
this chapter and rules adopted under this chapter before the
applications are submitted to the scientific committee for
consideration and approval;
(2) attend and observe meetings of the scientific
committee to ensure compliance with this chapter and rules adopted
under this chapter; and
(3) perform other duties assigned under this chapter
or by the oversight committee.
(c) The chief executive officer may propose and the
oversight committee may approve the hiring of additional officers.
An officer hired under this subsection shall report directly to the
chief executive officer.
Sec. 90.053. CONSORTIUM PRINCIPAL OFFICE. (a) The
consortium shall establish its principal office at a facility in
this state that:
(1) is a world-recognized leader in infectious disease
research and vaccine development;
(2) is central to all parts of this state, including
areas with high-risk populations most vulnerable to infectious
diseases;
(3) has exclusive jurisdiction over a laboratory
facility with a federal biosafety level of BSL-4, as designated by
the Centers for Disease Control and Prevention; and
(4) has access to a sufficient number of suitable
specimens for vaccine testing efficacy and safety.
(b) The consortium's principal office is the consortium's
central research location through which the consortium operates and
facilitates collaborative research under this chapter.
(c) The consortium shall adopt appropriate procedures and
safeguards to ensure:
(1) the consortium and the facility described by
Subsection (a) are governed and operated independently of each
other; and
(2) the facility described by Subsection (a) receives
no unfair advantage in grants awarded under this chapter.
Sec. 90.054. ANNUAL REPORT; INTERNET POSTING. Not later
than January 31 of each year, the consortium shall prepare and
submit to the governor, the lieutenant governor, and each member of
the legislature and post on the consortium's Internet website a
written report that includes:
(1) the number of grants awarded during the preceding
state fiscal year;
(2) a list of grant recipients for the preceding state
fiscal year, including the dollar amount of the grant awarded to
each recipient;
(3) the consortium's administrative expenses for the
preceding state fiscal year;
(4) an assessment on the availability of money for
conducting research authorized under this chapter from sources
other than the consortium;
(5) a summary of findings during the preceding state
fiscal year from research projects funded by the consortium,
including any promising new research areas;
(6) an assessment of the relationship between the
research projects funded by the consortium during the preceding
state fiscal year and the overall strategy of the consortium's
research goals;
(7) a statement of the consortium's strategic research
and financial plans for the next state fiscal year;
(8) an estimate of the amount of money the state spent
during the preceding state fiscal year to treat individuals with
infectious diseases, including the amount spent to treat
individuals with diseases through the child health plan program,
Medicaid, the Teacher Retirement System of Texas, and the Employees
Retirement System of Texas; and
(9) a statement of the consortium's compliance program
activities during the preceding state fiscal year, including any
proposed legislative or other recommendations identified through
those activities.
Sec. 90.055. INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY
COMPTROLLER. (a) The consortium shall annually commission an
independent financial audit of the consortium's activities from a
certified public accounting firm.
(b) The consortium shall provide the audit to the
comptroller and, as soon as practicable after receiving the audit,
the comptroller shall:
(1) review and evaluate the audit and issue a public
report of that review and evaluation; and
(2) make recommendations to the consortium regarding
the financial practices of the consortium.
(c) The oversight committee shall review the audit and the
comptroller's report and recommendations. As applicable, the
oversight committee shall seek to modify the consortium's financial
practices based on the audit, report, and recommendations.
Sec. 90.056. GRANT RECORDS. (a) The consortium shall
maintain complete records of:
(1) the review of each grant application submitted to
the consortium, including the score assigned to each grant
application reviewed, regardless of whether the grant application
is approved by the scientific committee or withdrawn after
submission to the scientific committee;
(2) each grant recipient's financial reports,
including dedicated matching money provided by the recipient for
the specified research project;
(3) progress reports for each research project awarded
money under this chapter;
(4) the consortium's policies and procedures for
determining any conflicts of interest and identifying each
principal investor and owner of each grant recipient as provided by
consortium rules; and
(5) the consortium's review of the grant recipient's
financial and progress reports.
(b) The consortium shall have periodic audits conducted of
any electronic grant management system used to maintain records
under this section of grant applications and grants awarded. The
consortium shall address in a timely manner each issue identified
in an audit of the system.
Sec. 90.057. GIFTS AND GRANTS. The consortium may solicit
and accept gifts and grants from any source to carry out the
purposes of this chapter.
SUBCHAPTER C. OVERSIGHT COMMITTEE
Sec. 90.101. COMPOSITION OF OVERSIGHT COMMITTEE;
ELIGIBILITY OF MEMBERS. (a) The oversight committee is the
governing body of the consortium.
(b) The oversight committee is composed of:
(1) the following nine voting members:
(A) three members appointed by the governor;
(B) three members appointed by the lieutenant
governor; and
(C) three members appointed by the governor from
a list provided to the governor by the speaker of the house of
representatives; and
(2) an ex officio nonvoting member, the chief
executive officer of the facility described by Section 90.053(a).
(c) The voting members of the oversight committee must
represent the geographic and cultural diversity of this state.
(d) In making appointments or recommendations for
appointments to the oversight committee, the governor, lieutenant
governor, and speaker of the house of representatives must each
appoint or recommend, as applicable, at least one person who is a
physician or a scientist with extensive experience in epidemiology,
vaccines, or public health.
(e) A person may not be a voting member of the oversight
committee if 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
consortium;
(2) owns or controls, directly or indirectly, an
interest in a business entity or other organization receiving money
from the consortium; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the consortium, other than
reimbursement authorized by this chapter for oversight committee
membership, attendance, or expenses.
Sec. 90.102. TERMS; VACANCY; REMOVAL. (a) Oversight
committee members serve at the pleasure of the appointing authority
for staggered four-year terms, with the terms of four or five voting
members expiring January 31 of each even-numbered year.
(b) Not later than the 30th day after the date an oversight
committee member's term expires, the appropriate appointing
authority shall appoint a replacement in the same manner as the
original appointment.
(c) If a vacancy occurs on the oversight committee, the
appropriate appointing authority shall appoint a successor in the
same manner as the original appointment to serve for the remainder
of the unexpired term. The appropriate appointing authority shall
appoint the successor not later than the 30th day after the date the
vacancy occurs.
(d) It is a ground for removal from the oversight committee
that a member:
(1) is ineligible for membership under Section 90.101;
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(3) is absent from more than half of the regularly
scheduled oversight committee meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the oversight committee.
Sec. 90.103. OFFICERS. (a) The oversight committee shall
elect a presiding officer and assistant presiding officer from
among its voting members every two years. The oversight committee
may elect additional officers from among its voting members.
(b) The presiding officer and assistant presiding officer
may not serve in the position to which the officer was elected for
two consecutive terms.
(c) The oversight committee shall:
(1) establish and approve duties and responsibilities
for officers of the committee; and
(2) develop and implement policies that distinguish
the responsibilities of the oversight committee and the committee's
officers from the responsibilities of the chief executive officer
and the employees of the consortium.
Sec. 90.104. EXPENSES. A member of the oversight committee
is not entitled to compensation but is entitled to reimbursement
for actual and necessary expenses incurred in attending meetings of
the committee or performing other official duties authorized by the
presiding officer.
Sec. 90.105. CONFLICT OF INTEREST; DISCLOSURE AND RECUSAL.
(a) The oversight committee shall adopt conflict-of-interest
rules, based on standards adopted by the National Institutes of
Health, to govern members of the oversight committee, members of
the scientific committee, and consortium employees.
(b) Nothing in this chapter limits the authority of the
oversight committee to adopt additional conflict-of-interest rules
and standards.
(c) If an oversight committee member or scientific
committee member has a conflict of interest based on standards
adopted under this section regarding a grant application that comes
before the member for review or other action, the member shall:
(1) provide to the chief executive officer and the
presiding officer of the oversight committee, or if the presiding
officer has the conflict, the next ranking member of the oversight
committee, written notice of 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 grant
application and from accessing information regarding the matter to
be decided.
Sec. 90.106. RULEMAKING AUTHORITY. The oversight committee
may adopt rules necessary to administer this chapter.
Sec. 90.107. CODE OF CONDUCT. The oversight committee
shall adopt a code of conduct applicable to each member of the
oversight committee, member of the scientific committee, and
consortium employee.
Sec. 90.108. FINANCIAL STATEMENT REQUIRED. Each member of
the oversight committee shall file with the chief compliance
officer a verified financial statement complying with Sections
572.022 through 572.0252, Government Code, as required of a state
officer by Section 572.021, Government Code.
SUBCHAPTER D. FUNDING
Sec. 90.151. INFECTIOUS DISEASE RESEARCH FUND. (a) The
infectious disease research fund is a dedicated account in the
general revenue fund.
(b) The fund consists of:
(1) the proceeds from the issuance of bonds authorized
by Section 69, Article III, Texas Constitution, and any additional
appropriations of money to the fund by the legislature;
(2) gifts and grants, including grants from the
federal government, received for the fund; and
(3) interest, dividends, and other income earned on
the investment of money in the fund.
(c) Money in the fund may only be used for:
(1) awarding grants authorized under this chapter;
(2) purchasing, subject to approval by the oversight
committee, research and laboratory facilities by or on behalf of a
grant recipient;
(3) operating the consortium; and
(4) debt service on bonds issued as authorized by
Section 69, Article III, Texas Constitution.
Sec. 90.152. ISSUANCE OF GENERAL OBLIGATION BONDS. (a) The
consortium may request the Texas Public Finance Authority to issue
and sell general obligation bonds of the state as authorized by
Section 69, Article III, Texas Constitution.
(b) The Texas Public Finance Authority may not issue and
sell more than $300 million in general obligation bonds authorized
by this section in a state fiscal year.
(b-1) The Texas Public Finance Authority may not issue and
sell more than $300 million in general obligation bonds authorized
by this section before January 1, 2023. This subsection expires
September 1, 2023.
(c) The consortium shall determine, and include in its
request for issuing bonds, the amount, exclusive of costs of
issuance, of the bonds to be issued and the preferred time for
issuing the bonds.
(d) The Texas Public Finance Authority shall issue the bonds
in accordance with and subject to Chapter 1232, Government Code,
and Texas Public Finance Authority rules. The bonds may be issued
in installments.
(e) Proceeds of the bonds issued under this section shall be
deposited in separate funds or accounts in the state treasury, as
prescribed by the proceedings authorizing the bonds.
(f) The proceeds of the bonds may be used only to:
(1) make grants authorized by Section 69, Article III,
Texas Constitution;
(2) purchase research facilities approved by the
consortium;
(3) pay costs of operating the consortium; or
(4) pay costs of issuing the bonds and related bond
administration costs of the Texas Public Finance Authority.
Sec. 90.153. AUTHORIZED USE OF FUNDS. (a) A grant
recipient awarded money from the infectious disease research fund
established under Section 90.151 may use the money for research
consistent with the purposes of this chapter and in accordance with
a contract between the grant recipient and the consortium.
(b) Money awarded under this chapter may be used for
authorized expenses, including honoraria, salaries and benefits,
travel, conference fees and expenses, consumable supplies, other
operating expenses, contracted research and development, capital
equipment, and construction or renovation of state or private
facilities.
SUBCHAPTER E. SCIENTIFIC COMMITTEE AND GRANT AWARD PROCEDURES
Sec. 90.201. SCIENTIFIC COMMITTEE. (a) The consortium
shall establish a scientific committee. The committee is composed
of seven or nine members appointed by the oversight committee. The
members must:
(1) reside in this state; and
(2) have expertise in the field of infectious diseases
or another field considered appropriate by the oversight committee.
(b) The scientific committee shall elect a presiding
officer and assistant presiding officer from among its members
every two years. The scientific committee may elect additional
officers from among its members.
(c) Scientific committee members serve at the pleasure of
the oversight committee.
(d) The scientific committee may establish one or more
advisory committees to assist the scientific committee in
performing its duties under this chapter. A member of an advisory
committee established under this subsection:
(1) may reside in or outside of this state;
(2) must have appropriate expertise to carry out the
purposes for which the advisory committee was established; and
(3) serves at the pleasure of the scientific
committee.
Sec. 90.202. GRANT APPLICATION REVIEW AND SELECTION. (a)
The scientific committee shall receive, score, and select grant
applications to fund based on the procedures and criteria described
by this section. The oversight committee shall contract with and
award grants to each grant applicant selected by the scientific
committee.
(b) The scientific committee shall establish procedures and
criteria for reviewing grant applications and awarding grants under
this chapter. The procedures must require the scientific committee
to score and select grant applications to fund by developing a
prioritized list that:
(1) ranks the grant applications in the order the
scientific committee determines the research projects proposed by
the applications should be funded; and
(2) includes information explaining the reasons each
grant application on the list meets the scientific committee's
standards for funding.
(c) The scientific committee must consider the grant
applicant's capability in:
(1) conducting research on infectious diseases and
associated conditions;
(2) developing treatments and cures, including
vaccines, for infectious diseases and associated conditions that
are marketable to the public;
(3) conducting outreach to engage and inform the
public on the applicant's research results and best practices for
treatment of infectious diseases and associated conditions;
(4) developing innovative methods to prepare for
infectious disease outbreaks; and
(5) developing educational initiatives on the
prevention of and treatment for infectious diseases and associated
conditions.
(d) The chief compliance officer shall compare each grant
applicant to a list of donors from any nonprofit organization
established to provide support to the consortium before the
application is submitted to the scientific committee for review and
selection and again before any contract is executed or grant is
awarded to the applicant.
(e) The consortium may not award a grant to an applicant who
has made a gift or grant to the consortium or a nonprofit
organization established to provide support to the consortium.
Sec. 90.203. MAXIMUM AMOUNT OF ANNUAL AWARDS. The
consortium may not award more than $300 million in grants under this
chapter in a state fiscal year.
Sec. 90.204. PERIOD FOR AWARDS. The consortium may not
award a grant under this chapter after August 31, 2034.
Sec. 90.205. CONTRACT TERMS. (a) The oversight committee
shall negotiate on behalf of the state regarding a grant awarded
under this chapter.
(b) Before awarding money to a grant recipient selected by
the scientific committee, the oversight committee shall enter into
a written contract with the grant recipient. The contract may
specify that:
(1) if all or any portion of the amount of the grant is
used to build a capital improvement:
(A) the state retains a lien or other interest in
the capital improvement in proportion to the percentage of the
grant amount used to pay for the capital improvement; and
(B) the grant recipient shall, if the capital
improvement is sold:
(i) repay to this state the grant money used
to pay for the capital improvement, with interest at the rate and
according to the other terms provided by the contract; and
(ii) share with this state a proportionate
amount of any profit realized from the sale;
(2) if the grant recipient has not used grant money
awarded under this chapter for the purposes for which the grant was
intended, the recipient shall repay that amount and any related
interest applicable under the contract to this state at the agreed
rate and on the agreed terms; and
(3) if the grant recipient fails to meet the terms and
conditions of the contract, the consortium may terminate the
contract using the written process prescribed in the contract and
require the recipient to repay the grant money awarded under this
chapter and any related interest applicable under the contract to
this state at the agreed rate and on the agreed terms.
(c) The contract must:
(1) require, in accordance with Subsection (d), the
grant recipient to dedicate an amount of matching funds equal to
one-half of the amount of the research grant awarded; and
(2) specify:
(A) the amount of matching funds to be dedicated
under Subdivision (1);
(B) the period in which the grant award must be
spent;
(C) the name of the research project to which
matching funds are to be dedicated; and
(D) the specific deliverables of the project that
is the subject of the grant proposal.
(d) Before the oversight committee may award for infectious
disease research any grant of any proceeds of the bonds issued under
this chapter, the recipient of the grant must certify that the
recipient has an amount of funds equal to one-half of the grant and
dedicate those funds to the research that is the subject of the
grant request. The consortium shall adopt rules specifying the
manner in which a grant recipient fulfills obligations under this
subsection.
Sec. 90.206. GRANT EVALUATION. (a) The oversight
committee shall require as a condition of a grant award that the
grant recipient submit to regular inspection reviews by consortium
staff of the research project for which the award was made,
including progress oversight reviews, to ensure compliance with the
terms of the award and to ensure the scientific merit of the
research.
(b) The chief executive officer shall determine the review
process under this section. The chief executive officer may
suspend or terminate in accordance with Subsection (f) grants made
that fail to meet contractual obligations.
(c) The chief executive officer shall report at least
annually to the oversight committee on the progress and continued
merit of each research project funded by a grant under this chapter.
(d) The consortium shall establish and implement reporting
requirements to ensure that each grant recipient complies with the
terms and conditions of the grant contract, including verification
of the amounts of matching funds dedicated to the research project
that is the subject of the grant award to the grant recipient.
(e) The consortium shall implement a system to:
(1) track the dates on which reports under Subsection
(d) are due and received by the consortium; and
(2) monitor the status of any required report that is
not timely submitted to the consortium.
(f) The chief compliance officer shall monitor compliance
with this section and at least annually inquire into and monitor the
status of any required report that is not timely submitted to the
consortium by a grant recipient. The chief compliance officer
shall notify the general counsel for the consortium and the
oversight committee of a grant recipient that has not maintained
compliance with the reporting requirements or matching funds
provisions of the grant contract to allow the consortium to begin
suspension or termination of the grant contract under Subsection
(b). This subsection does not limit other remedies available under
the grant contract.
Sec. 90.207. COMPLIANCE PROGRAM. (a) In this section,
"compliance program" means a process to assess and ensure
compliance by the oversight committee members, scientific
committee members, and consortium 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 consortium shall establish a compliance program
that operates under the direction of the chief compliance officer.
The consortium 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.
Sec. 90.208. MEDICAL ETHICS. The oversight committee shall
ensure that a grant recipient of money under this chapter conduct
any associated research project:
(1) with full consideration for the ethical and
medical implications of the research project; and
(2) in a manner that complies with federal and state
laws applicable to the research project.
Sec. 90.209. PATENT ROYALTIES AND LICENSE REVENUES PAID TO
STATE. (a) The oversight committee shall establish standards to
require each research project awarded money under this chapter to
be subject to an intellectual property agreement that allows the
state to collect royalties, income, and other benefits, including
interest or proceeds resulting from securities and equity
ownership, realized as a result of the research project.
(b) In determining the state's interest in any intellectual
property rights, the oversight committee shall balance the
opportunity of this state to benefit from the patents, royalties,
licenses, and other benefits resulting from basic research, vaccine
development, and clinical trials with the need to ensure that
essential infectious disease research is not unreasonably hindered
by the intellectual property agreement and that the agreement does
not unreasonably remove the incentive on the part of each grant
recipient and associated individuals.
SUBCHAPTER F. COLLABORATIVE RESEARCH OPPORTUNITIES
Sec. 90.251. OPTION TO EXPAND ON RESEARCH FINDINGS. (a)
The consortium shall develop opportunities for a person, regardless
of whether the person is a grant applicant or recipient, to access
and expand on the research findings of:
(1) a finished research project funded by the
consortium under this chapter; or
(2) any research or other work conducted by a person
under this subchapter.
(b) The consortium may establish and maintain an electronic
system through which a person may access information on research
findings described by Subsection (a).
Sec. 90.252. COLLABORATION REQUIREMENTS. (a) The
consortium shall ensure that any research or other work that
expands on research findings described by Section 90.251(a):
(1) proportionally recognizes the contributions made
by each person who participated in the underlying research and in
the new research or other work; and
(2) is subject to the same intellectual property
agreement requirements for a research project under Section 90.209.
(b) A person seeking to expand on research findings
described by Section 90.251(a) must:
(1) submit an application to and receive approval from
the scientific committee;
(2) allow the consortium to conduct the same
evaluation procedures for a grant recipient under Section 90.206;
and
(3) allow the consortium to retain the comprehensive
research findings of any research or other work conducted by the
person to enable other persons to further expand on those research
findings under this subchapter.
SECTION 2. (a) Not later than January 31, 2022, the
appropriate appointing authority shall appoint the members to the
Texas Research Consortium to Cure Infectious Diseases (TRANSCEND)
Oversight Committee as required by Section 90.101, Health and
Safety Code, as added by this Act. The oversight committee may not
take action until a majority of the appointed members have taken
office.
(b) Notwithstanding Section 90.101, Health and Safety Code,
as added by this Act, in making the initial appointments to the
Texas Research Consortium to Cure Infectious Diseases (TRANSCEND)
Oversight Committee under that section:
(1) the governor shall designate:
(A) three members to serve terms expiring January
31, 2024, including one member from the list provided by the speaker
of the house of representatives; and
(B) three members to serve terms expiring January
31, 2026, including two members from the list provided by the
speaker of the house of representatives; and
(2) the lieutenant governor shall designate:
(A) one member to serve a term expiring January
31, 2024; and
(B) two members to serve terms expiring January
31, 2026.
SECTION 3. Notwithstanding Section 90.054, Health and
Safety Code, as added by this Act, the Texas Research Consortium to
Cure Infectious Diseases (TRANSCEND) is not required to submit a
report under that section until January 31, 2023.
SECTION 4. This Act takes effect January 1, 2022, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, providing for the establishment of the Texas
Research Consortium to Cure Infectious Diseases (TRANSCEND) and
authorizing the issuance of up to $3 billion in general obligation
bonds to fund collaborative research on and development of
infectious disease treatments and cures for humans is approved by
the voters. If that amendment is not approved by the voters, this
Act has no effect.