reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.0021. Conflict of Interest

Sec. 101.0021.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the council if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of medicine;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of medicine.
(c)  A person may not be a member of the council if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the council.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 10.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.0022. Grounds for Removal

Sec. 101.0022.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the council that a member:
(1)  does not have at the time of taking office the qualifications required by Section 101.002(a);
(2)  does not maintain during service on the council the qualifications required by Section 101.002(a);
(3)  is ineligible for membership under Section 101.0021;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during a calendar year without an excuse approved by a 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 council member exists.
(c)  If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the chairman of the council of the potential ground.  The chairman shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the chairman, the commissioner shall notify the next highest ranking officer of the council, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 10.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.0023. Training

Sec. 101.0023.  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. 10.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.004. Terms; Vacancy

Sec. 101.004.  TERMS;  VACANCY.  (a)  Appointed council members serve for staggered six-year terms, with the terms of four members expiring August 31 of each odd-numbered year.
(b)  If a vacancy occurs, the appropriate appointing authority shall appoint a person, in the same manner as the original appointment, to serve for the remainder of the unexpired term.
(c)  A person who has served one full term is not eligible for reappointment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 494, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.005. Compensation

Sec. 101.005.  COMPENSATION.  (a)  A member of the council is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing council duties.
(b)  A representative of a state agency shall be reimbursed from the funds of the agency the person represents.  Other members shall be reimbursed from funds made available to the council.
(c)  If funds are not made available to the council, members who are not representatives of state agencies serve at their own expense.
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 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.006. Meetings

Sec. 101.006.  MEETINGS.  (a)  The council shall meet at least twice each calendar year and at the call of the chairman.
(b)  The council shall adopt rules for the conduct of its meetings.
(c)  Any action taken by the council must be approved by a majority of the members present.
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 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.0065. Public Testimony

Sec. 101.0065.  PUBLIC TESTIMONY.  The council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on any issue under the jurisdiction of the council.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 10.03, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.007. Powers and Duties of Council

Sec. 101.007.  POWERS AND DUTIES OF COUNCIL.  (a)  The council shall:
(1)  advise the department and recommend needed action for the benefit of persons with Alzheimer's disease and related disorders and for their caregivers;
(2)  coordinate public and private family support networking systems for primary family caregivers;
(3)  disseminate information on services and related activities for persons with Alzheimer's disease and related disorders to the medical and health care community, the academic community, primary family caregivers, advocacy associations, and the public;
(4)  coordinate a volunteer assistance program primarily for in-home and respite care services;
(5)  encourage research to benefit persons with Alzheimer's disease and related disorders;
(6)  recommend to the department disbursement of grants and funds available for the council; and
(7)  facilitate coordination of state agency services and activities relating to persons with Alzheimer's disease and related disorders.
(b)  The council is subject to Chapter 551, Government Code, and Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (82), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.008. Duties of Department

Sec. 101.008.  DUTIES OF DEPARTMENT.  The department shall:
(1)  provide administrative assistance, services, and materials to the council;
(2)  accept, deposit, and disburse funds made available to the council at the direction of the executive commissioner;
(3)  accept gifts and grants on behalf of the council from any public or private entity; and
(4)   apply for and receive on behalf of the council any appropriations, gifts, or other funds from the state or federal government or any other public or private entity, subject to limitations and conditions prescribed by legislative appropriation.
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. 3.0337, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.0081. Information About Standards of Conduct

Sec. 101.0081.  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. 10.05, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.009. Gifts and Grants

Sec. 101.009.  GIFTS AND GRANTS.  (a)  The council is encouraged to seek and the department may accept on behalf of the council a gift or grant from any public or private entity.
(b)  The department shall deposit any money received under Subsection (a) in the state treasury to be used for the purposes of this chapter.
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. 3.0338, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle E - Health Care Councils and Resource Centers › Chapter 101 - Texas Council on Alzheimer's Disease and Related Disorders › Section 101.010. Report

Sec. 101.010.  REPORT.  Before September 1 of each even-numbered year, the council shall submit a biennial report of the council's activities and recommendations to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature.
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. 3.0339, eff. April 2, 2015.
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 A. General Provisions › Section 102.001. Definitions

Sec. 102.001.  DEFINITIONS.  In this chapter:
(1)  "Institute" means the Cancer Prevention and Research Institute of Texas.
(2)  "Oversight committee" means the Cancer Prevention and Research Institute of Texas Oversight Committee.
(2-a)  "Program integration committee" means the Cancer Prevention and Research Institute of Texas Program Integration Committee.
(3)  "Research and prevention programs committee" means a Cancer Prevention and Research Institute of Texas Scientific Research and Prevention Programs committee appointed by the chief executive officer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 1, 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 A. General Provisions › Section 102.002. Purposes

Sec. 102.002.  PURPOSES.  The Cancer Prevention and Research Institute of Texas is established to:
(1)  create and expedite innovation in the area of cancer research and in enhancing the potential for a medical or scientific breakthrough in the prevention of cancer and cures for cancer;
(2)  attract, create, or expand research capabilities of public or private institutions of higher education and other public or private entities that will promote a substantial increase in cancer research and in the creation of high-quality new jobs in this state; and
(3)  develop and implement the Texas Cancer Plan.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.06, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 36, Sec. 1, eff. Sept. 1, 1999.
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 A. General Provisions › Section 102.003. Sunset Provision

Sec. 102.003.  SUNSET PROVISION.  The Cancer Prevention and Research Institute of Texas is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the institute is abolished and this chapter expires September 1, 2029.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.24, eff. Nov. 12, 1991;  Acts 1999, 76th Leg., ch. 36, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 2.02, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 4., eff. November 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.02, eff. June 15, 2007.
Reenacted by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.002, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 521 (S.B. 81), Sec. 2, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 4.01, eff. June 16, 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 A. General Provisions › Section 102.004. State Auditor

Sec. 102.004.  STATE AUDITOR.  Nothing in this chapter limits the authority of the state auditor under Chapter 321, Government Code, or other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 2, 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 B. Powers and Duties of Institute › Section 102.051. Powers and Duties

Sec. 102.051.  POWERS AND DUTIES.  (a)  The institute:
(1)  may 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)  may 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)  may 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)  may  employ necessary staff to provide administrative support;
(5)  shall continuously monitor contracts and agreements authorized by this chapter and ensure that each grant recipient complies with the terms and conditions of the grant contract;
(6)  shall ensure that all grant proposals comply with this chapter and rules adopted under this chapter before the proposals are submitted to the oversight committee for approval; and
(7)  shall establish procedures to document that 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.
(b)  The institute shall work to implement the Texas Cancer Plan and continually monitor and revise the Texas Cancer Plan as necessary.
(c)  The institute shall employ a chief compliance officer to monitor and report to the oversight committee regarding compliance with this chapter and rules adopted under this chapter.
(d)  The chief compliance officer shall:
(1)  ensure that all grant proposals comply with this chapter and rules adopted under this chapter before the proposals are submitted to the oversight committee for approval; and
(2)  attend and observe the meetings of the program integration committee to ensure compliance with this chapter and rules adopted under this chapter.
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. 3, 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 B. Powers and Duties of Institute › Section 102.0511. Chief Executive Officer; Other Officers

Sec. 102.0511.  CHIEF EXECUTIVE OFFICER; OTHER OFFICERS.  (a)  The oversight committee shall hire a chief executive officer.  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 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;
(2)  one chief operating officer;
(3)  one chief product development officer; and
(4)  one chief prevention officer.
(d)  The officers described by Subsections (c)(1)-(4) shall report directly to the chief executive officer and assist the chief executive officer in collaborative outreach to further cancer research and prevention.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 4, 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 B. Powers and Duties of Institute › Section 102.052. Annual Public Report; Internet Posting

Sec. 102.052.  ANNUAL PUBLIC REPORT; INTERNET POSTING.  (a)  Not later than January 31 of each year, the institute shall submit to the lieutenant governor, the speaker of the house of representatives, the governor, and the standing committee of each house of the legislature with primary jurisdiction over institute matters and post on the institute's Internet website a 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;
(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;
(9)  a statement of the institute's compliance program activities, including any proposed legislation or other recommendations identified through the activities; and
(10)  for the previous 12 months, a list of any conflicts of interest under this chapter or rules adopted under this chapter, any conflicts of interest that require recusal under Section 102.1061, any unreported conflicts of interest confirmed by an investigation conducted under Section 102.1063, including any actions taken by the institute regarding an unreported conflict of interest and subsequent investigation, and any waivers granted through the process established under Section 102.1062.
(b)  The institute shall submit the annual public report to the governor and the legislature.
(c)  The institute shall post on the institute's Internet website the list described by Subsection (a)(10).
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. 5, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 6, 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 B. Powers and Duties of Institute › Section 102.053. Independent Financial Audit for Review by Comptroller

Sec. 102.053.  INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY COMPTROLLER.  (a)  The institute shall annually commission an independent financial audit of its activities from a certified public accounting firm.  The institute shall provide the audit to the comptroller.  The comptroller shall review and evaluate the audit and annually issue a public report of that review.  The comptroller shall make recommendations concerning the institute's financial practices and performance.
(b)  The oversight committee shall review the annual financial audit, the comptroller's report and evaluation of that audit, and the financial practices of the institute.
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 B. Powers and Duties of Institute › Section 102.0535. Grant Records

Sec. 102.0535.  GRANT RECORDS.  (a)  The institute shall maintain complete records of:
(1)  the review of each grant application submitted to the institute, including the score assigned to each grant application reviewed by a research and prevention programs committee in accordance with rules adopted under Section 102.251(a)(1), even if the grant application is not funded by the institute or is withdrawn after submission to the institute;
(2)  each grant recipient's financial reports, including the amount of matching funds dedicated to the research specified for the grant award;
(3)  each grant recipient's progress reports;
(4)  for the purpose of determining any conflict of interest, the identity of each principal investor and owner of each grant recipient as provided by institute rules; and
(5)  the institute's review of the grant recipient's financial reports and progress reports.
(b)  The institute shall have periodic audits made of any electronic grant management system used to maintain records of grant applications and grant awards under this section.  The institute shall address in a timely manner each weakness identified in an audit of the system.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 7, 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 B. Powers and Duties of Institute › Section 102.054. Gifts and Grants

Sec. 102.054.  GIFTS AND GRANTS.  The institute may solicit and accept gifts and grants from any source for the purposes of this chapter.
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 B. Powers and Duties of Institute › Section 102.055. Quarterly Meetings

Sec. 102.055.  QUARTERLY MEETINGS.  The oversight committee shall hold a public meeting at least once in each quarter of the calendar year, with appropriate notice and with a formal public comment period.
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 B. Powers and Duties of Institute › Section 102.056. Salary

Sec. 102.056.  SALARY.  (a)  The institute may not supplement the salary of any institute employee with a gift or grant received by the institute.
(b)  The institute may supplement the salary of the chief scientific officer.  Funding for a salary supplement for the chief scientific officer may only come from legislative appropriations or bond proceeds.
(c)  The institute may not supplement the salary of the chief executive officer.  The salary of the chief executive officer may only be paid from legislative appropriations.
Added by Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 2, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 8, 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 B. Powers and Duties of Institute › Section 102.057. Prohibited Office Location

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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 9, 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 C. Oversight Committee › Section 102.101. Composition of Oversight Committee

Sec. 102.101. COMPOSITION OF OVERSIGHT COMMITTEE.  (a)  The Cancer Prevention and Research Institute of Texas Oversight Committee is the governing body of the institute.
(b)  The oversight committee is composed of the following nine members:
(1)  three members appointed by the governor;
(2)  three members appointed by the lieutenant governor; and
(3)  three members appointed by the speaker of the house of representatives.
(c)  The members of the oversight committee must represent the geographic and cultural diversity of the state.
(d)  In making appointments to the oversight committee, the governor, lieutenant governor, and speaker of the house of representatives:
(1)  must each appoint at least one person who is a physician or a scientist with extensive experience in the field of oncology or public health; and
(2)  should attempt to include cancer survivors and family members of cancer patients if possible.
(e)  A person may not be a 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 institute;
(2)  owns or controls, directly or indirectly, an 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.
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. 10, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 521 (S.B. 81), Sec. 7, 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 C. Oversight Committee › Section 102.102. Removal

Sec. 102.102.  REMOVAL.  (a)  It is a ground for removal from the oversight committee that a member:
(1)  is ineligible for membership under Section 102.101(e);
(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 committee.
(b)  The validity of an action of the oversight committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.
(c)  If the chief executive officer has knowledge that a potential ground for removal exists, the chief executive officer 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 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.
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. 11, 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 C. Oversight Committee › Section 102.103. Terms; Vacancy

Sec. 102.103.  TERMS; VACANCY.  (a)  Oversight committee members appointed by the governor, lieutenant governor, and speaker of the house serve at the pleasure of the appointing office for staggered six-year terms, with the terms of three members expiring on January 31 of each odd-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.
(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.
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. 3, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 12, 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 C. Oversight Committee › Section 102.104. Officers

Sec. 102.104.  OFFICERS.  (a)  The oversight committee shall elect a presiding officer and assistant presiding officer from among its members every two years.  The oversight committee may elect additional officers from among its 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 institute.
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. 13, 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 C. Oversight Committee › Section 102.105. Expenses

Sec. 102.105.  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.
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 C. Oversight Committee › Section 102.1061. Disclosure of Conflict of Interest; Recusal

Sec. 102.1061.  DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL.  (a)  If an oversight committee member or program integration committee member has a conflict of interest as described by Section 102.106 regarding an application that comes before the member for review or other action, the member shall:
(1)  provide written notice to the chief executive officer 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 described by Section 102.106 regarding an application that comes before the employee for review or other action, the employee shall:
(1)  provide written notice to 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)  If a research and prevention programs committee member has a conflict of interest described by Section 102.106 regarding an application that comes before the member's committee for review or other action, the member shall:
(1)  provide written notice to the chief executive officer of the conflict of interest; and
(2)  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.
(d)  An oversight committee member, program integration committee member, research and prevention programs committee member, or institute employee with a conflict of interest may seek a waiver as provided by Section 102.1062.
(e)  An oversight committee member, program integration committee member, research and prevention programs 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 requirements 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.
(f)  An oversight committee member, program integration committee member, research and prevention programs committee member, or institute employee who intentionally violates this section is subject to removal from further participation in the institute's grant review process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 15, 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 C. Oversight Committee › Section 102.1062. Exceptional Circumstances Requiring Participation

Sec. 102.1062.  EXCEPTIONAL CIRCUMSTANCES REQUIRING PARTICIPATION.  The oversight committee shall adopt rules governing the waiver of the conflict-of-interest requirements of this chapter under exceptional circumstances for an oversight committee member, program integration committee member, research and prevention programs committee member, or institute employee.  The rules must:
(1)  authorize the chief executive officer or an oversight committee member to propose the granting of a waiver by submitting to the presiding officer of the oversight committee a written statement about the conflict of interest, the exceptional circumstance requiring the waiver, and any proposed limitations to the waiver;
(2)  require a proposed waiver to be publicly reported at a meeting of the oversight committee;
(3)  require a majority vote of the oversight committee members present and voting to grant a waiver;
(4)  require any waiver granted to be reported annually to the lieutenant governor, the speaker of the house of representatives, the governor, and the standing committee of each house of the legislature with primary jurisdiction over institute matters; and
(5)  require the institute to retain documentation of each waiver granted.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 15, 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 C. Oversight Committee › Section 102.1063. Investigation of Unreported Conflicts of Interest

Sec. 102.1063.  INVESTIGATION OF UNREPORTED CONFLICTS OF INTEREST.  (a)  An oversight committee member, a program integration committee member, a research and prevention programs committee member, or an institute employee who becomes aware of a potential conflict of interest described by Section 102.106 that has not been reported shall immediately notify the chief executive officer of the potential conflict of interest.  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 unreported 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, impropriety, or self-dealing 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 or other recommended action related to the 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 or other action.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 15, 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 C. Oversight Committee › Section 102.1064. Final Determination of Unreported Conflict of Interest

Sec. 102.1064.  FINAL DETERMINATION OF UNREPORTED CONFLICT OF INTEREST.  (a)  The chief executive officer or, if applicable, the presiding officer of the oversight committee shall make a determination regarding the existence of an unreported conflict of interest described by Section 102.1063 or other impropriety or self-dealing.  The 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 research and prevention programs committee for review.
(b)  The determination made under Subsection (a) 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 or, if applicable, the presiding officer of the oversight committee, shall provide written notice of the final determination, including any further actions to be taken, to the grant applicant requesting the investigation.
(d)  Unless specifically determined by the chief executive officer or, if applicable, the presiding officer of the oversight committee, 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 15, 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 C. Oversight Committee › Section 102.107. Powers and Duties

Sec. 102.107.  POWERS AND DUTIES.  (a)  The oversight committee shall:
(1)  hire a chief executive officer;
(2)  annually set priorities as prescribed by the legislature for each grant program that receives money under this chapter; and
(3)  consider the priorities set under Subdivision (2) in awarding grants under this chapter.
(b)  The oversight committee may conduct a closed meeting in accordance with Subchapter E, Chapter 551, Government Code, to discuss issues related to managing, acquiring, or selling securities or other revenue-sharing obligations realized under the standards established as required by Section 102.256.
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. 16, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 521 (S.B. 81), Sec. 3, 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 C. Oversight Committee › Section 102.108. Rulemaking Authority

Sec. 102.108.  RULEMAKING AUTHORITY.  The oversight committee may adopt rules to administer this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 368 (H.B. 1358), Sec. 4, 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 C. Oversight Committee › Section 102.109. Code of Conduct

Sec. 102.109.  CODE OF CONDUCT.  (a)  The oversight committee shall adopt a code of conduct applicable to each oversight committee member, program integration committee member, and institute employee.
(b)  The code of conduct at a minimum must include provisions prohibiting the member, the employee, or the member's or employee's spouse from:
(1)  accepting or soliciting any gift, favor, or service that could reasonably influence the member or employee in the discharge of official duties or that the member, employee, or spouse of 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)  accepting employment or engaging 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)  accepting other employment or compensation that could reasonably impair the member's or employee's independent judgment in the performance of official duties;
(4)  making personal investments or having 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 soliciting, accepting, or agreeing 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;
(6)  leasing, directly or indirectly, any property, capital equipment, employee, or service to any entity that receives a grant from the institute;
(7)  submitting a grant application for funding by the institute;
(8)  serving on the board of directors of an organization established with a grant from the institute; or
(9)  serving on the board of directors of a grant recipient.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 17, 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 C. Oversight Committee › Section 102.110. Financial Statement Required

Sec. 102.110.  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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 17, eff. June 14, 2013.