reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter D. Committees › Section 102.151. Scientific Research and Prevention Programs Committee

Sec. 102.151.  SCIENTIFIC RESEARCH AND PREVENTION PROGRAMS COMMITTEE.
(a)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 368, Sec. 16, eff. June 19, 2009.
(a-1)  The oversight committee shall establish research and prevention programs committees. The chief executive officer, with approval by simple majority of the members of the oversight committee, shall appoint as members of research and prevention programs committees experts in the field of cancer research and prevention, including qualified trained cancer patient advocates who meet the qualifications developed by rule as provided by Subsection (c).
(b)  The institute shall adopt a written policy on in-state or out-of-state residency requirements for members of the research and prevention programs committees.
(c)  The oversight committee shall adopt rules regarding the qualifications required for an individual who will serve as a trained cancer patient advocate committee member for a research and prevention programs committee.  The rules must require a trained cancer patient advocate to receive science-based training.
(d)  A member of a scientific research and prevention programs committee may receive an honorarium.  Subchapter B, Chapter 2254, Government Code, does not apply to an honorarium made to a committee member under this chapter.
(e)  The chief executive officer, in consultation with the oversight committee, shall adopt a policy and document any change in the amount of honorarium paid to a member of a research and prevention programs committee, including information explaining the basis for changing the amount.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 5, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 16, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 18, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter D. Committees › Section 102.152. Terms of Research and Prevention Programs Committee Members

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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 6, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 19, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter D. Committees › Section 102.153. Expenses

Sec. 102.153.  EXPENSES.  Members of the university advisory committee or any ad hoc advisory committee appointed under this subchapter serve without compensation but are entitled to reimbursement for actual and necessary expenses in attending meetings of the committee or performing other official duties authorized by the presiding officer.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 8, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter D. Committees › Section 102.154. University Advisory Committee

Sec. 102.154.  UNIVERSITY ADVISORY COMMITTEE.  (a)  The Cancer Prevention and Research Institute of Texas University Advisory Committee is composed of the following members:
(1)  two members appointed by the chancellor of The University of Texas System to represent:
(A)  The University of Texas Southwestern Medical Center;
(B)  The University of Texas Medical Branch at Galveston;
(C)  The University of Texas Health Science Center at Houston;
(D)  The University of Texas Health Science Center at San Antonio;
(E)  The University of Texas Health Center at Tyler; or
(F)  The University of Texas M. D. Anderson Cancer Center;
(2)  one member appointed by the chancellor of The Texas A&M University System to represent:
(A)  The Texas A&M University System Health Science Center; or
(B)  the teaching hospital for The Texas A&M Health Science Center College of Medicine;
(3)  one member appointed by the chancellor of the Texas Tech University System to represent the Texas Tech University Health Sciences Center;
(4)  one member appointed by the chancellor of the University of Houston System to represent the system;
(5)  one member appointed by the chancellor of the Texas State University System to represent the system;
(6)  one member appointed by the chancellor of the University of North Texas System to represent the system;
(7)  one member appointed by the president of Baylor College of Medicine;
(8)  one member appointed by the president of Rice University; and
(9)  members appointed at the executive director's discretion by the chancellors of other institutions.
(b)  The university advisory committee shall advise the oversight committee and a research and prevention programs committee regarding the role of institutions of higher education in cancer research.
Added by Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 9, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 179 (H.B. 1844), Sec. 14, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter D. Committees › Section 102.155. Ad Hoc Advisory Committee

Sec. 102.155.  AD HOC ADVISORY COMMITTEE.  (a)  The oversight committee shall create an ad hoc committee of experts to address childhood cancers.  The oversight committee, as necessary, may create additional ad hoc committees of experts to advise the oversight committee on issues relating to cancer.
(b)  Ad hoc committee members shall serve for a period determined by the oversight committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 9, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter D. Committees › Section 102.156. Conflict of Interest

Sec. 102.156.  CONFLICT OF INTEREST.  (a)  A member of a research and prevention programs committee appointed under this subchapter shall disclose in writing to the chief executive officer if the member has a professional or financial interest, as defined by Section 102.106, in an entity that has a direct interest in a matter that comes before the member's committee.
(b)  The member shall recuse himself or herself in the manner described by Section 102.1061 from the committee's deliberations and actions on the matter in Subsection (a) and may not participate in the committee's decision on the matter.
(c)  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.
Added by Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 9, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 20, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter E. Cancer Prevention and Research Fund › Section 102.201. Cancer Prevention and Research Fund

Sec. 102.201.  CANCER PREVENTION AND RESEARCH FUND.  (a)  The cancer prevention and research fund is a dedicated account in the general revenue fund.
(b)  The cancer prevention and research fund consists of:
(1)   appropriations of money to the fund by the legislature, except that the appropriated money may not include the proceeds from the issuance of bonds authorized by Section 67, Article III, Texas Constitution;
(2)  gifts, grants, including grants from the federal government, and other donations received for the fund; and
(3)  interest earned on the investment of money in the fund.
(c)  The fund may be used only to pay for:
(1)  grants for cancer research and for cancer research facilities in this state to realize therapies, protocols, and medical procedures for the cure or substantial mitigation of all types of cancer in humans;
(2)  the purchase, subject to approval by the institute, of laboratory facilities by or on behalf of a state agency or grant recipient;
(3)  grants to public or private persons to implement the Texas Cancer Plan;
(4)  the operation of the institute;
(5)  grants for cancer prevention and control programs in this state to mitigate the incidence of all types of cancer in humans; and
(6)  debt service on bonds issued as authorized by Section 67, Article III, Texas Constitution.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 21, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter E. Cancer Prevention and Research Fund › Section 102.202. Issuance of General Obligation Bonds

Sec. 102.202.  ISSUANCE OF GENERAL OBLIGATION BONDS.  (a)  The institute may request the Texas Public Finance Authority to issue and sell general obligation bonds of the state as authorized by Section 67, Article III, Texas Constitution.
(b)  The Texas Public Finance Authority may not issue and sell general obligation bonds authorized by this section before January 1, 2008, and may not issue and sell more than $300 million in general obligation bonds authorized by this section in a state fiscal year.
(c)  The institute 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 shall be set out in the proceedings authorizing the bonds.
(f)  The proceeds of the bonds may be used only to:
(1)  make grants authorized by Section 67, Article III, Texas Constitution;
(2)  purchase laboratory facilities approved by the institute;
(3)  pay costs of operating the institute; or
(4)  pay the costs of issuing the bonds and related bond administration costs of the Texas Public Finance Authority.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter E. Cancer Prevention and Research Fund › Section 102.203. Authorized Use of Funds

Sec. 102.203.  AUTHORIZED USE OF FUNDS.  (a)  A person awarded money from the cancer prevention and research fund or from bond proceeds under this subchapter may use the money for research consistent with the purpose of this chapter and in accordance with a contract between the person and the institute.
(b)  Except as otherwise provided by this section, money awarded under this subchapter 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, construction or renovation of state or private facilities, and reimbursement for costs of participation incurred by cancer clinical trial participants, including transportation, lodging, and any costs reimbursed under the cancer clinical trial participation program established under Chapter 51.
(c)  A person receiving money under this subchapter for cancer research may not spend more than five percent of the money for indirect costs. For purposes of this subsection, "indirect costs" means the expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or the performance of the organization's activities.
(d)  Not more than five percent of the money awarded under this subchapter may be used for facility purchase, construction, remodel, or renovation purposes during any year.  Expenditures of money awarded under this subchapter for facility purchase, construction, remodel, or renovation projects must benefit cancer prevention and research.
(e)  Not more than 10 percent of the money appropriated by the legislature for grants in a state fiscal year may be used for cancer prevention and control programs during that year.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 10, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 521 (S.B. 81), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1157 (H.B. 3147), Sec. 3, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.002(12), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter E. Cancer Prevention and Research Fund › Section 102.204. Preference for Texas Businesses

Sec. 102.204.  PREFERENCE FOR TEXAS BUSINESSES.  If the Texas Public Finance Authority contracts with a private entity to issue the bonds under this subchapter, the Texas Public Finance Authority shall consider contracting with an entity that has its principal place of business in this state and shall include using a historically underutilized business as defined by Section 2161.001, Government Code.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.252. Funding Recommendations

Sec. 102.252.  FUNDING RECOMMENDATIONS.  Two-thirds of the members of the oversight committee present and voting must vote to approve each funding recommendation of the program integration committee.  If the oversight committee does not approve a funding recommendation of the program integration committee, a statement explaining the reasons a funding recommendation was not followed must be included in the minutes of the meeting.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 12, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 23, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.253. Maximum Amount of Annual Awards

Sec. 102.253.  MAXIMUM AMOUNT OF ANNUAL AWARDS.  The oversight committee may not award more than $300 million in grants under Subchapter E in a fiscal year.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.256. Patent Royalties and License Revenues Paid to State

Sec. 102.256.  PATENT ROYALTIES AND LICENSE REVENUES PAID TO STATE.  (a)  The oversight committee shall establish standards that require all grant awards 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 projects undertaken with money awarded under Subchapter E.
(b)  In determining the state's interest in any intellectual property rights, the oversight committee shall balance the opportunity of the state to benefit from the patents, royalties, licenses, and other benefits that result from basic research, therapy development, and clinical trials with the need to ensure that essential medical research is not unreasonably hindered by the intellectual property agreement and that the agreement does not unreasonably remove the incentive on the part of the individual researcher, research team, or institution.
(c)  The oversight committee may transfer its management and disposition authority over the state's interest in securities, equities, royalties, income, and other benefits realized as a result of projects undertaken with money awarded under Subchapter E to the Texas Treasury Safekeeping Trust Company.  If the oversight committee transfers management and disposition authority under this subsection, the trust company has any power necessary to accomplish the purposes of this section.
(d)  In managing the assets described by Subsection (c) through procedures and subject to restrictions that the Texas Treasury Safekeeping Trust Company considers appropriate, the trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire, exchange, sell, or retain in light of the purposes, terms, distribution requirements, and other circumstances then prevailing pertinent to each investment, including the requirements prescribed by Subsection (b) and the purposes described by Section 102.002.  The trust company may charge a fee to recover the reasonable and necessary costs incurred in managing assets under this section.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 448 (S.B. 1421), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 521 (S.B. 81), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.257. Multiyear Projects

Sec. 102.257.  MULTIYEAR PROJECTS.  The oversight committee may grant funds for a multiyear project.  The oversight committee must specify the total amount of money approved to fund the multiyear project.  The total amount specified is considered for purposes of this subchapter to have been awarded in the state fiscal year that the project is approved by the research and prevention programs committee.  The institute shall distribute only the money that will be expended during that fiscal year.  The remaining money shall be distributed by the institute as the money is needed in each subsequent fiscal year.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 521 (H.B. 2251), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.258. Preference for Texas Suppliers

Sec. 102.258.  PREFERENCE FOR TEXAS SUPPLIERS.  The oversight committee shall establish standards to ensure that grant recipients purchase goods and services from suppliers in this state to the extent reasonably possible, in a good faith effort to achieve a goal of more than 50 percent of such purchases from suppliers in this state.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.259. Historically Underutilized Businesses

Sec. 102.259.  HISTORICALLY UNDERUTILIZED BUSINESSES.  The oversight committee shall establish standards to ensure that grant recipients purchase goods and services from historically underutilized businesses as defined by Chapter 2161, Government Code, and any other applicable state law.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.260. Grant Evaluation

Sec. 102.260.  GRANT EVALUATION.  (a)  The oversight  committee shall require as a condition of a grant that the grant recipient submit to regular inspection reviews of the grant project by institute staff, 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 grant review process under this section.  The chief executive officer may terminate grants that do not 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 program funded by the institute.
(d)  The institute shall establish and implement reporting requirements to ensure that each grant recipient complies with the terms and conditions in the grant contract, including verification of the amounts of matching funds dedicated to the research that is the subject of the grant award to the grant recipient.
(e)  The institute shall implement a system to:
(1)  track the dates on which grant recipient reports are due and are received by the institute; and
(2)  monitor the status of any required report that is not timely submitted to the institute by a grant recipient.
(f)  The chief compliance officer shall monitor compliance with this section and at least annually shall inquire into and monitor the status of any required report that is not timely submitted to the institute by a grant recipient.  The chief compliance officer shall notify the general counsel 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 institute to begin suspension or termination of the grant contract under Subsection (b).  This subsection does not limit other remedies available under the grant contract.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 14, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 25, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.261. Medical Ethics

Sec. 102.261.  MEDICAL ETHICS.  Any research project that receives money under Subchapter E must:
(1)  be conducted with full consideration for the ethical and medical implications of the research; and
(2)  comply with all federal and state laws regarding the conduct of research.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.262. Public Information

Sec. 102.262.  PUBLIC INFORMATION.  (a)  The following information is public information and may be disclosed under Chapter 552, Government Code:
(1)  the applicant's name and address;
(2)  the amount of funding applied for;
(3)  the type of cancer to be addressed under the proposal; and
(4)  any other information designated by the institute with the consent of the grant applicant.
(b)  In order to protect the actual or potential value of information submitted to the institute by an applicant for or recipient of an institute grant, the following information submitted by such applicant or recipient is confidential and is not subject to disclosure under Chapter 552, Government Code, or any other law:
(1)  all information, except as provided in Subsection (a), that is contained in a grant award contract between the institute and a grant recipient, relating to a product, device, or process, the application or use of such a product, device, or process, and all technological and scientific information, including computer programs, developed in whole or in part by an applicant for or recipient of an institute grant, regardless of whether patentable or capable of being registered under copyright or trademark laws, that has a potential for being sold, traded, or licensed for a fee; and
(2)  the plans, specifications, blueprints, and designs, including related proprietary information, of a scientific research and development facility.
(c)  The records of a nonprofit organization established to provide support to the institute are public information subject to Chapter 552, Government Code.
(d)  The institute shall post on the institute's Internet website records that pertain specifically to any gift, grant, or other consideration provided to the institute, an institute employee, or a member of an institute committee.  The posted information must include each donor's name and the amount and date of the donor's donation.
Added by Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 15, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 448 (S.B. 1421), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 761 (S.B. 895), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 26, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.263. Compliance Program

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 chief 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 and are not subject to disclosure under Chapter 552, Government Code:
(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;
(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; and
(3)  other information that is collected or produced in a compliance program investigation if releasing the information would interfere with an ongoing compliance investigation.
(d)  Subsection (c) does not apply to information related to an individual who consents to disclosure of the information.
(e)  Information made confidential or excepted from public disclosure by this section may be made available to the following on request in compliance with applicable laws and procedures:
(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.
(f)  A disclosure under Subsection (e) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 27, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.2631. Compliance Matters; Closed Meeting

Sec. 102.2631.  COMPLIANCE MATTERS; CLOSED MEETING.  The oversight committee may conduct a closed meeting under Chapter 551, Government Code, to discuss an ongoing compliance investigation into issues related to fraud, waste, or abuse of state resources.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 27, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter F. Procedure for Making Awards › Section 102.264. Program Integration Committee

Sec. 102.264.  PROGRAM INTEGRATION COMMITTEE.  (a)  The institute shall establish a program integration committee.  The committee is composed of the following five members:
(1)  the chief executive officer;
(2)  the chief scientific officer;
(3)  the chief product development officer;
(4)  the commissioner of state health services; and
(5)  the chief prevention officer.
(b)  The committee has the duties assigned under this chapter.
(c)  The chief executive officer shall serve as the presiding officer of the program integration committee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 27, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 102 - Cancer Prevention and Research Institute of Texas › Subchapter G. Cancer Prevention and Research Interest and Sinking Fund › Section 102.270. Establishment of Fund

Sec. 102.270.  ESTABLISHMENT OF FUND.  (a)  The cancer prevention and research interest and sinking fund is a dedicated account in the general revenue fund.
(b)  The fund consists of:
(1)  patent, royalty, and license fees and other income received under a contract entered into as provided by Section 102.255; and
(2)  interest earned on the investment of money in the fund.
(c)  The fund may be used only to pay for debt service on bonds issued as authorized by Section 67, Article III, Texas Constitution, at a time and in a manner to be determined by the legislature in the General Appropriations Act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 28, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.001. Definitions

Sec. 103.001.  DEFINITIONS.  In this chapter:
(1)  "Council" means the Texas Diabetes Council.
(2)  "Person with diabetes" means a person diagnosed by a physician in accordance with nationally recognized standards as having diabetes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 452 (S.B. 2151), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.002. Composition of Council

Sec. 103.002.  COMPOSITION OF COUNCIL.  (a)  The Texas Diabetes Council is composed of 11 citizen members appointed from the public and one representative each from the department, the commission, the Employees Retirement System of Texas, the Teacher Retirement System of Texas, and the Texas Workforce Commission vocational rehabilitation services division.
(b)  The governor, with the advice and consent of the senate, shall appoint the following citizen members:
(1)  a licensed physician with a specialization in treating diabetes;
(2)  a registered nurse with a specialization in diabetes education and training;
(3)  a registered and licensed dietitian with a specialization in the diabetes education field;
(4)  a person with experience and training in public health policy;
(5)  three consumer members, with special consideration given to persons active in the Texas affiliates of the Juvenile Diabetes Research Foundation (JDRF), the American Association of Diabetes Educators, or the American Diabetes Association; and
(6)  four members from the general public with expertise or demonstrated commitment to diabetes issues.
(b-1)  In making appointments under this section, the governor shall attempt to appoint members of different minority groups including females, African-Americans, Hispanic-Americans, Native Americans, and Asian-Americans.
(c)  The commissioner, executive commissioner, executive director of the Employees Retirement System of Texas, executive director of the Teacher Retirement System of Texas, and the director of the Texas Workforce Commission vocational rehabilitation services division shall appoint that agency's representative to the council.  Agency representatives shall be nonvoting members of the council.
(d)  Appointments to the council shall be made without regard to the race, color, disability, creed, sex, religion, age, or national origin of the appointees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 6.39, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1411, Sec. 12.01, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1170, Sec. 10.01, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1176 (H.B. 3278), Sec. 6, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0340, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 452 (S.B. 2151), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.0024. Training

Sec. 103.0024.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the council;
(2)  the programs operated by the council;
(3)  the role and functions of the council;
(4)  the rules of the council;
(5)  the current budget for the council;
(6)  the results of the most recent formal audit of the council;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the council or the Texas Ethics Commission.
(c)  A person appointed to the council is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 12.03, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.0025. Information About Standards of Conduct

Sec. 103.0025.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The commissioner or the commissioner's designee shall provide to members of the council, as often as necessary, information regarding the requirements for office under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 12.03, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.004. Restrictions on Council Appointment, Membership, or Employment

Sec. 103.004.  RESTRICTIONS ON COUNCIL APPOINTMENT, MEMBERSHIP, OR EMPLOYMENT.  (a)  A person is not eligible for appointment or service as a citizen member 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 funds at the council's direction;
(2)  owns or controls directly or indirectly more than a 10 percent interest in a business entity or other organization receiving funds at the council's direction;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the department at the council's direction, other than compensation or reimbursement authorized by law for council membership, attendance, or expenses.
(b)  A person who is required to register as a lobbyist under Chapter 305, Government Code, may not serve as a member of the council or act as the general counsel.
(c)  An officer, employee, or paid consultant of a trade association in the field of health care may not be a member or employee of the council.  A person who is the spouse of an officer, employee, or paid consultant of a trade association in the field of health care may not be a member of the council and may not be an employee, including an employee exempt from the state's position classification plan, who is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(d)  For purposes of Subsection (c), a trade association is a nonprofit, cooperative, and voluntary association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.005. Terms

Sec. 103.005.  TERMS.  (a)  Council members appointed by the governor serve for staggered six-year terms, with the terms of three or four members expiring February 1 of each odd-numbered year.
(b)  A council member appointed as a representative of an agency serves at the will of the appointing agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 269, Sec. 2, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1285, Sec. 3.01, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1170, Sec. 10.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.006. Chairman

Sec. 103.006.  CHAIRMAN.  The governor shall designate a member of the council as the chairman of the council to serve in that capacity at the will of the governor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 12.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.007. Removal of Council Member

Sec. 103.007.  REMOVAL OF COUNCIL MEMBER.  (a)  It is a ground for removal from the council if a member:
(1)  is not eligible for appointment to the council at the time of appointment as provided by Section 103.004(a);
(2)  is not eligible to serve on the council as provided by Section 103.004(a);
(3)  violates a prohibition established by Section 103.004(b) or (c);
(4)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability;  or
(5)  is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during each calendar year unless the absence is excused by majority vote of the council.
(b)  The validity of an action of the council is not affected by the fact that it is taken when a ground for removal of a member of the council exists.
(c)  If the chairman of the council has knowledge that a potential ground for removal exists, the chairman shall notify the governor of its existence.
(d)  The council shall inform its members as often as necessary of:
(1)  the qualifications for office prescribed by this chapter;  and
(2)  their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.008. Vacancy

Sec. 103.008.  VACANCY.  (a)  The office of a member appointed by an agency becomes vacant when the person terminates employment with the agency or when the agency elects to replace the person as provided by Section 103.005.
(b)  If the office of a member who is an agency representative becomes vacant, the commissioner or executive commissioner, as appropriate, of that agency shall appoint an agency representative to serve for the remainder of that member's term.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1285, Sec. 3.02, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0341, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.009. Reimbursement

Sec. 103.009.  REIMBURSEMENT.   The department shall reimburse council and advisory committee members for travel and other necessary expenses incurred in performing official duties as provided by Section 2110.004, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0342, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.010. Staff and Administrative Support

Sec. 103.010.  STAFF AND ADMINISTRATIVE SUPPORT.  (a)  Each agency represented on the council shall provide the council with periodic staff support of specialists as needed and may provide staff support to an advisory committee.
(b)  The department shall provide administrative support to the council by providing research services and preparing any reports required under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 452 (S.B. 2151), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.011. Advisory Committees; Work Groups

Sec. 103.011.  ADVISORY COMMITTEES; WORK GROUPS.  (a)  The council may establish advisory committees or work groups that the council considers necessary and may determine the appropriate membership for each committee or group.
(b)  The council shall specify the purpose and duties of each advisory committee or work group and shall specify any product the committee is required to develop.
(c)  Members of an advisory committee or work group serve at the will of the council.  The council may dissolve an advisory committee or work group when necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 452 (S.B. 2151), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 103 - Texas Diabetes Council › Section 103.012. Meetings

Sec. 103.012.  MEETINGS.  (a)  The council shall meet at least quarterly and shall adopt rules for the conduct of its meetings.
(b)  Any action taken by the council must be approved by a majority of the voting members present.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 269, Sec. 3, eff. Sept. 1, 1991.