Bill Text: TX HB1302 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the creation of the Alzheimer's Prevention and Research Institute of Texas.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-13 - Filed [HB1302 Detail]
Download: Texas-2025-HB1302-Introduced.html
89R7297 MPF-D | ||
By: Raymond | H.B. No. 1302 |
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relating to the creation of the Alzheimer's Prevention and Research | ||
Institute of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 101A to read as follows: | ||
CHAPTER 101A. ALZHEIMER'S PREVENTION AND RESEARCH INSTITUTE OF | ||
TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 101A.001. DEFINITIONS. In this chapter: | ||
(1) "Institute" means the Alzheimer's Prevention and | ||
Research Institute of Texas. | ||
(2) "Oversight committee" means the Alzheimer's | ||
Prevention and Research Institute of Texas Oversight Committee. | ||
(3) "Peer review committee" means the Alzheimer's | ||
Prevention and Research Institute of Texas Peer Review Committee. | ||
(4) “Program integration committee” means the | ||
Alzheimer's Prevention and Research Institute of Texas Program | ||
Integration Committee. | ||
(5) "Research plan" means the Texas Alzheimer's | ||
Prevention and Research Plan developed by the institute. | ||
Sec. 101A.002. PURPOSES. The Alzheimer's Prevention and | ||
Research Institute of Texas is established to: | ||
(1) create and expedite innovation in research on | ||
Alzheimer's disease and related disorders to improve the health of | ||
residents of this state, enhance the potential for a medical or | ||
scientific breakthrough in research on Alzheimer's disease and | ||
related disorders, and enhance the research superiority of this | ||
state regarding Alzheimer's disease and related disorders; | ||
(2) attract, create, or expand research capabilities | ||
of eligible institutions of higher education and other public or | ||
private entities by awarding grants to promote a substantial | ||
increase in research on Alzheimer's disease and related disorders, | ||
strategies for prevention of Alzheimer's disease and related | ||
disorders, and the creation of exceptional jobs in this state; and | ||
(3) develop and implement a research plan to foster | ||
synergistic collaboration between eligible institutions of higher | ||
education and their partners and other grant recipients in research | ||
on Alzheimer's disease and related disorders. | ||
Sec. 101A.003. SUNSET PROVISION. The Alzheimer's | ||
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, 2035. | ||
Sec. 101A.004. STATE AUDITOR. Nothing in this chapter | ||
limits the authority of the state auditor under Chapter 321, | ||
Government Code, or other law. | ||
SUBCHAPTER B. POWERS AND DUTIES OF INSTITUTE | ||
Sec. 101A.051. POWERS AND DUTIES. (a) The institute: | ||
(1) may award grants to institutions of learning, | ||
advanced medical research facilities, public or private persons, | ||
and collaboratives in this state to further the purposes of this | ||
chapter and Section 68, Article III, Texas Constitution, including: | ||
(A) implementation of the research plan; | ||
(B) research, including translational and | ||
clinical research, into the causes of, means of prevention of, and | ||
treatment and rehabilitation for Alzheimer's disease and related | ||
disorders; | ||
(C) research, including translational research, | ||
to develop therapies, protocols, medical pharmaceuticals, or | ||
procedures for the substantial mitigation of the symptoms of | ||
Alzheimer's disease and related disorders; | ||
(D) facilities, equipment, supplies, salaries, | ||
benefits, and other costs related to research on Alzheimer's | ||
disease and related disorders; and | ||
(E) prevention programs and strategies to | ||
mitigate the detrimental health impacts of Alzheimer's disease and | ||
related disorders; | ||
(2) shall collaborate with relevant state agencies, | ||
coordinating councils, and consortiums to enhance health care and | ||
research for Alzheimer's disease and related disorders; | ||
(3) shall establish the appropriate standards and | ||
oversight bodies to ensure money authorized under this chapter is | ||
properly used for the purposes of this chapter; | ||
(4) shall employ necessary staff to provide to the | ||
institute administrative support; | ||
(5) may contract with another state agency to share | ||
the cost of administrative services, including grant accounting, | ||
grant monitoring, technical and document management of the grant | ||
application review process, legal services, and compliance | ||
services; | ||
(6) shall monitor grant contracts authorized by this | ||
chapter and ensure each grant recipient complies with the terms and | ||
conditions of the contract; | ||
(7) shall ensure all grant proposals comply with this | ||
chapter and rules adopted under this chapter before the proposals | ||
are submitted to the oversight committee for approval; | ||
(8) shall establish procedures to document compliance | ||
by the institute, institute employees, and institute committee | ||
members with all laws and rules governing the peer review process | ||
and conflicts of interest; and | ||
(9) shall create a statewide research and clinical | ||
data registry for research related to Alzheimer's disease and | ||
related disorders. | ||
(b) The institute shall implement, monitor, and, as | ||
necessary, revise the research plan. | ||
(c) The institute may collaborate as necessary with The | ||
University of Texas Southwestern Medical Center in carrying out the | ||
institute's duties under this chapter. | ||
Sec. 101A.052. CHIEF EXECUTIVE OFFICER; CHIEF COMPLIANCE | ||
OFFICER; ADDITIONAL OFFICERS. (a) The oversight committee shall | ||
hire a chief executive officer. The chief executive officer shall | ||
perform the duties required by this chapter and the duties | ||
designated by the oversight committee. The chief executive officer | ||
must have a demonstrated ability to lead and develop academic, | ||
commercial, and governmental partnerships and coalitions. | ||
(b) The institute shall employ a chief compliance officer to | ||
monitor compliance with this chapter and rules adopted under this | ||
chapter and to report to the oversight committee incidents of | ||
noncompliance. | ||
(c) The chief executive officer may hire any other officer | ||
position the chief executive officer determines necessary for the | ||
institute's efficient operation. | ||
Sec. 101A.053. ANNUAL PUBLIC REPORT; INTERNET POSTING. Not | ||
later than January 31 of each year, the institute shall prepare and | ||
submit to the governor, lieutenant governor, speaker of the house | ||
of representatives, and standing committee of each house of the | ||
legislature with primary jurisdiction over institute matters and | ||
post on the institute's Internet website a report on: | ||
(1) the institute's activities under this chapter; | ||
(2) a list of recipients of grants awarded during the | ||
preceding state fiscal year and the grant amount awarded to each | ||
recipient; | ||
(3) any research accomplishments a grant recipient or | ||
the recipient's partners achieved during the preceding state fiscal | ||
year; | ||
(4) an overview summary of the institute's most recent | ||
audited financial statement; | ||
(5) an assessment of the relationship between the | ||
institute's grants and research program strategy; | ||
(6) a statement of the institute's strategic research | ||
plans; | ||
(7) an estimate of the financial cost to this state of | ||
Alzheimer's disease and related disorders during the most recent | ||
state fiscal year for which data is available, including the | ||
amounts this state spent related to Alzheimer's disease and related | ||
disorders under Medicaid, the Teacher Retirement System of Texas, | ||
and the Employees Retirement System of Texas; | ||
(8) a statement of the institute's compliance program | ||
activities, including any proposed legislation or other | ||
recommendations identified through the activities; | ||
(9) for the preceding state fiscal year: | ||
(A) a list of any conflict of interest requiring | ||
recusal under this chapter or rules adopted under this chapter; | ||
(B) any unreported conflict of interest | ||
confirmed by an investigation conducted under Section 101A.254, | ||
including any institute actions regarding an unreported conflict of | ||
interest and subsequent investigation; and | ||
(C) any waivers granted through the process | ||
established under Section 101A.253; and | ||
(10) the institute's future direction. | ||
Sec. 101A.054. INDEPENDENT FINANCIAL AUDIT. (a) The | ||
institute shall annually commission a certified public accounting | ||
firm to perform an independent financial audit of its activities. | ||
(b) The oversight committee shall review the annual | ||
financial audit. | ||
Sec. 101A.055. GRANT RECORDS; AUDIT OF ELECTRONIC GRANT | ||
MANAGEMENT SYSTEM. (a) The institute shall maintain complete | ||
records of: | ||
(1) each grant application submitted to the institute, | ||
including each application funded by the institute or withdrawn | ||
after submission and the score the peer review committee assigns to | ||
each reviewed application in accordance with rules adopted under | ||
Section 101A.302; | ||
(2) each grant recipient's financial reports, | ||
including the amount of matching money dedicated to the research | ||
specified for the grant award; | ||
(3) each grant recipient's progress reports; | ||
(4) the identity of each principal investor and owner | ||
of each grant recipient as provided by institute rules to determine | ||
any conflict of interest; and | ||
(5) the institute's review of the grant recipient's | ||
financial reports and progress reports. | ||
(b) The institute shall keep each record described by | ||
Subsection (a) until at least the 15th anniversary of the record's | ||
date of issuance. | ||
(c) The institute shall have prepared periodic audits of any | ||
electronic grant management system used to maintain records of | ||
grant applications and grant awards. The institute shall timely | ||
address each weakness identified in an audit of the system. | ||
Sec. 101A.056. GIFTS AND GRANTS. (a) The institute may | ||
solicit and accept gifts and grants from any source for the purposes | ||
of this chapter. | ||
(b) The institute may not supplement the salary of any | ||
institute employee or officer with a gift or grant the institute | ||
receives. | ||
Sec. 101A.057. PROHIBITED OFFICE LOCATION. An institute | ||
employee may not have an office located in a facility owned by an | ||
entity receiving or applying to receive money from the institute. | ||
Sec. 101A.058. COMPLIANCE PROGRAM; INVESTIGATIONS. (a) | ||
The institute shall establish a compliance program operating under | ||
the direction of the institute's chief compliance officer to | ||
monitor compliance with this chapter and rules adopted under this | ||
chapter and for use in reporting incidents of noncompliance to the | ||
oversight committee. | ||
(b) The chief compliance officer or the officer's designee | ||
shall attend and observe meetings of the peer review committee and | ||
the program integration committee to ensure compliance with this | ||
chapter and rules adopted under this chapter. | ||
(c) The chief compliance officer shall submit a written | ||
report to the oversight committee confirming each grant application | ||
recommendation included on the list the program integration | ||
committee submits under Section 101A.302(a)(2) complies with the | ||
oversight committee's rules regarding grant award procedures. The | ||
report must contain all relevant information on: | ||
(1) the peer review process for the grant application; | ||
(2) the score the peer review committee assigns to the | ||
application; | ||
(3) adherence to the conflict-of-interest | ||
notification and recusal process; and | ||
(4) confirmation that a recommended grant applicant | ||
did not make any gift or grant prohibited by Section 101A.302(f). | ||
(d) To ensure each grant recipient complies with reporting | ||
requirements included in the grant contract and the rules adopted | ||
under this chapter, 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 a grant | ||
recipient does not timely submit to the institute. | ||
(e) The chief compliance officer shall: | ||
(1) monitor compliance with this section and the | ||
status of any required report a grant recipient does not timely | ||
submit to the institute; and | ||
(2) notify the institute's general counsel and the | ||
oversight committee of a grant recipient who has not complied with | ||
the grant contract reporting requirements to allow the institute to | ||
suspend or terminate the contract as the institute determines | ||
appropriate. | ||
(f) The chief compliance officer shall establish procedures | ||
for investigating allegations against oversight committee members, | ||
institute employees or contractors, grant applicants, or grant | ||
recipients for fraud, waste, or abuse of state resources. The | ||
procedures must include: | ||
(1) private access to the compliance program office, | ||
such as a telephone hotline; and | ||
(2) to the extent possible, preservation of the | ||
confidentiality of communications and the anonymity of a person who | ||
submits a compliance report related to fraud, waste, or abuse or | ||
participates in a compliance investigation. | ||
SUBCHAPTER C. OVERSIGHT COMMITTEE | ||
Sec. 101A.101. COMPOSITION OF OVERSIGHT COMMITTEE. (a) | ||
The oversight committee is the institute's governing body. | ||
(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 oversight committee members must represent this | ||
state's geographic and cultural diversity. | ||
(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 working with | ||
Alzheimer's disease or related disorders or in the field of public | ||
health; and | ||
(2) should attempt to include persons affected by | ||
Alzheimer's disease or related disorders or family members or | ||
caregivers of patients with Alzheimer's disease or related | ||
disorders. | ||
(e) A person may not be an oversight committee member if the | ||
person or the person's spouse: | ||
(1) is employed by or participates in the management | ||
of an entity receiving money from the institute; | ||
(2) owns or controls, directly or indirectly, an | ||
interest in an entity 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. | ||
Sec. 101A.102. REMOVAL. (a) It is a ground for removal | ||
from the oversight committee that a member: | ||
(1) is ineligible for membership under Section | ||
101A.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 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 oversight committee action is not | ||
affected by the fact that the action 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 of a committee member 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. | ||
Sec. 101A.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 authority for | ||
staggered six-year terms, with the terms of three members expiring | ||
on January 31 of each odd-numbered year. | ||
(b) 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. | ||
Sec. 101A.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 | ||
consecutive terms. | ||
(c) The oversight committee shall: | ||
(1) establish and approve duties and responsibilities | ||
for committee officers; 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 institute employees. | ||
Sec. 101A.105. EXPENSES. An oversight committee member is | ||
not entitled to compensation but is entitled to reimbursement for | ||
actual and necessary expenses incurred in attending committee | ||
meetings or performing other official duties authorized by the | ||
presiding officer. | ||
Sec. 101A.106. MEETINGS. (a) The oversight committee | ||
shall hold at least one public meeting each quarter of the calendar | ||
year, with appropriate notice and a formal public comment period. | ||
(b) The oversight committee may conduct a closed meeting in | ||
accordance with Subchapter E, Chapter 551, Government Code, to | ||
discuss issues related to: | ||
(1) managing, acquiring, or selling securities or | ||
other revenue-sharing obligations realized under the standards | ||
established as required by Section 101A.305; and | ||
(2) an ongoing compliance investigation into issues | ||
related to fraud, waste, or abuse of state resources. | ||
Sec. 101A.107. POWERS AND DUTIES. (a) The oversight | ||
committee shall: | ||
(1) hire a chief executive officer; | ||
(2) annually set priorities for each grant program | ||
established under this chapter; and | ||
(3) consider the priorities set under Subdivision (2) | ||
in awarding grants under this chapter. | ||
(b) The oversight committee shall adopt a code of conduct | ||
applicable to each oversight committee member, program integration | ||
committee member, peer review committee member, and institute | ||
employee that includes provisions prohibiting the member, | ||
employee, or 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 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) holding a personal investment or financial | ||
interest that could reasonably create a substantial conflict | ||
between the private interests and official duties of the member or | ||
employee; | ||
(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) directly or indirectly leasing to an entity that | ||
receives a grant from the institute any property, capital | ||
equipment, employee, or service; | ||
(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. | ||
Sec. 101A.108. RULEMAKING AUTHORITY. The oversight | ||
committee may adopt rules to administer this chapter. | ||
Sec. 101A.109. FINANCIAL STATEMENT REQUIRED. Each | ||
oversight committee member shall file with the chief compliance | ||
officer a verified financial statement complying with Sections | ||
572.022, 572.023, 572.024, 572.025, 572.0251, and 572.0252, | ||
Government Code, as required of a state officer by Section 572.021 | ||
of that code. | ||
SUBCHAPTER D. OTHER INSTITUTE COMMITTEES | ||
Sec. 101A.151. PEER REVIEW COMMITTEE. (a) The oversight | ||
committee shall establish a peer review committee. The chief | ||
executive officer, with approval by a simple majority of the | ||
oversight committee members, shall appoint as members to the peer | ||
review committee: | ||
(1) experts in fields related to Alzheimer's disease | ||
or related disorders, including research, health care, disease | ||
treatment and prevention, and other study areas; and | ||
(2) trained patient advocates who meet the | ||
qualifications adopted under Subsection (c). | ||
(b) The oversight committee shall adopt a written policy on | ||
in-state or out-of-state residency requirements for peer review | ||
committee members. | ||
(c) The oversight committee shall adopt rules regarding the | ||
qualifications required of a trained patient advocate for | ||
membership on the peer review committee. The rules must require the | ||
trained patient advocate to successfully complete science-based | ||
training. | ||
(d) A peer review committee member may receive an | ||
honorarium. Subchapter B, Chapter 2254, Government Code, does not | ||
apply to an honorarium the member receives under this chapter. | ||
(e) The chief executive officer, in consultation with the | ||
oversight committee, shall adopt a policy regarding honoraria and | ||
document any change in the amount of honoraria paid to a peer review | ||
committee member, including information explaining the basis for | ||
that change. | ||
(f) A peer review committee member may not serve on the | ||
board of directors or other governing board of an entity receiving a | ||
grant from the institute. | ||
(g) Peer review committee members serve for terms as | ||
determined by the chief executive officer. | ||
Sec. 101A.152. PROGRAM INTEGRATION COMMITTEE. (a) The | ||
institute shall establish a program integration committee to carry | ||
out the duties assigned under this chapter. | ||
(b) The program integration committee is composed of: | ||
(1) the chief executive officer, who serves as the | ||
presiding officer of the program integration committee; | ||
(2) three senior-level institute employees | ||
responsible for program policy and oversight, appointed by the | ||
chief executive officer with the approval of a majority of the | ||
oversight committee members; and | ||
(3) the executive commissioner or the executive | ||
commissioner's designee. | ||
Sec. 101A.153. HIGHER EDUCATION ADVISORY COMMITTEE. (a) | ||
The higher education 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; or | ||
(E) The University of Texas Health Center at | ||
Tyler; | ||
(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; and | ||
(8) one member appointed by the president of Rice | ||
University. | ||
(b) The higher education advisory committee shall advise | ||
the oversight committee on issues, opportunities, the role of | ||
higher education, and other subjects involving research on | ||
Alzheimer's disease and related disorders. | ||
Sec. 101A.154. AD HOC ADVISORY COMMITTEE. (a) The | ||
oversight committee, as necessary, may create additional ad hoc | ||
advisory committees composed of experts to advise the oversight | ||
committee on issues relating to prevention of or research on | ||
Alzheimer's disease and related disorders or other issues related | ||
to Alzheimer's disease or related disorders. | ||
(b) Ad hoc committee members serve for the terms the | ||
oversight committee determines. | ||
Sec. 101A.155. EXPENSES. Members of the higher education | ||
advisory committee created under Section 101A.153 or an ad hoc | ||
advisory committee created under Section 101A.154 serve without | ||
compensation but are entitled to reimbursement for actual and | ||
necessary expenses incurred in attending committee meetings or | ||
performing other official duties authorized by the presiding | ||
officer. | ||
SUBCHAPTER E. ALZHEIMER'S PREVENTION AND RESEARCH FUND | ||
Sec. 101A.201. ALZHEIMER'S PREVENTION AND RESEARCH FUND. | ||
(a) In this subchapter, "fund" means the Alzheimer's Prevention | ||
and Research Fund established under Section 68, Article III, Texas | ||
Constitution. The fund is a special fund in the treasury outside | ||
the general revenue fund to be administered by the institute. The | ||
institute may use money in the fund as authorized by this chapter | ||
without further legislative appropriation. | ||
(b) The fund consists of: | ||
(1) money transferred to the fund under Section 68, | ||
Article III, Texas Constitution; | ||
(2) money the legislature appropriates, credits, or | ||
transfers to the fund; | ||
(3) gifts and grants, including grants from the | ||
federal government, and other donations received for the fund; | ||
(4) patent, royalty, and license fees and other income | ||
received under a contract executed as provided by Section 101A.304; | ||
and | ||
(5) investment earnings and interest earned on amounts | ||
credited to the fund. | ||
(c) The fund may only be used for the purposes authorized | ||
under Section 68, Article III, Texas Constitution, including: | ||
(1) the award of grants for research on or prevention | ||
of Alzheimer's disease and related disorders and research | ||
facilities in this state to conduct that research; | ||
(2) the purchase of, subject to the institute's | ||
approval, research facilities by or for a state agency or grant | ||
recipient; and | ||
(3) the operation of the institute. | ||
Sec. 101A.202. ROLE OF TEXAS TREASURY SAFEKEEPING TRUST | ||
COMPANY. (a) In this section, "trust company" means the Texas | ||
Treasury Safekeeping Trust Company. | ||
(b) The trust company shall invest the fund in accordance | ||
with this section. | ||
(c) The trust company shall hold and invest the fund, and | ||
any accounts established in the fund, for the institute taking into | ||
consideration the authorized uses of money in the fund. The fund | ||
may be invested with the state treasury pool and may be pooled with | ||
other state assets for investment purposes. | ||
(d) The overall objective for the investment of the fund is | ||
to maintain sufficient liquidity to meet the needs of the fund while | ||
striving to preserve the purchasing power of the fund over a full | ||
economic cycle. | ||
(e) The trust company has any power necessary to accomplish | ||
the purposes of managing and investing the fund's assets. In | ||
managing the fund's assets, through procedures and subject to | ||
restrictions the 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 or retain in | ||
light of the purposes, terms, distribution requirements, and other | ||
circumstances of the fund then prevailing, taking into | ||
consideration the investment of all the fund's assets rather than a | ||
single investment. | ||
(f) The expenses of managing the fund shall be paid from the | ||
fund. | ||
(g) The trust company annually shall provide to the | ||
institute and the oversight committee a written report on the | ||
investments of the fund. | ||
(h) The trust company shall adopt an appropriate written | ||
investment policy for the fund. The trust company shall present the | ||
investment policy to the investment advisory board established | ||
under Section 404.028, Government Code. The investment advisory | ||
board shall submit to the trust company recommendations regarding | ||
the policy. | ||
(i) The institute annually shall provide to the trust | ||
company a forecast of the cash flows into and out of the fund. The | ||
institute shall provide updates to the forecasts as appropriate to | ||
ensure the trust company is able to achieve the objective specified | ||
by Subsection (d). | ||
(j) The trust company shall disburse money from the fund as | ||
the institute directs. The institute shall direct disbursements | ||
from the fund on a semiannual schedule specified by the institute | ||
and not more frequently than twice in any state fiscal year. | ||
Sec. 101A.203. AUTHORIZED USE OF GRANT MONEY; LIMITATIONS. | ||
(a) A grant recipient awarded money from the fund may use the money | ||
for research consistent with the purposes of this chapter and in | ||
accordance with a contract between the grant recipient and the | ||
institute. | ||
(b) Except as otherwise provided by this section, grant | ||
money awarded under this chapter may be used for authorized | ||
expenses, including: | ||
(1) honoraria; | ||
(2) salaries and benefits; | ||
(3) travel; | ||
(4) conference fees and expenses; | ||
(5) consumable supplies; | ||
(6) operating expenses; | ||
(7) contracted research and development; | ||
(8) capital equipment; and | ||
(9) construction or renovation of state or private | ||
facilities. | ||
(c) A grant recipient awarded money under this chapter for | ||
research on Alzheimer's disease or related disorders may not spend | ||
more than five percent of the money for indirect costs. In this | ||
subsection, "indirect costs" means business expenses not readily | ||
identified with a particular grant, contract, project, function, or | ||
activity that 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 total amount of grant | ||
money awarded under this chapter in a state fiscal year may be used | ||
during that year for facility purchase, construction, remodel, or | ||
renovation purposes, and those expenditures must benefit research | ||
on Alzheimer's disease or related disorders. | ||
(e) Not more than 10 percent of the total amount of grant | ||
money awarded under this chapter in a state fiscal year may be used | ||
during that year for prevention projects and strategies to mitigate | ||
the incidence of Alzheimer's disease or related disorders. | ||
SUBCHAPTER F. CONFLICTS OF INTEREST: DISCLOSURE; RECUSAL | ||
Sec. 101A.251. CONFLICT OF INTEREST. (a) The oversight | ||
committee shall adopt conflict-of-interest rules, based on | ||
standards applicable to members of scientific review committees of | ||
the National Institutes of Health, to govern oversight committee | ||
members, program integration committee members, peer review | ||
committee members, and institute employees. | ||
(b) An oversight committee member, program integration | ||
committee member, peer review committee member, or institute | ||
employee shall recuse the member or employee, as provided by | ||
Section 101A.252(a), (b), or (c), as applicable, if the member or | ||
employee, or a person who is related to the member or employee | ||
within the second degree of affinity or consanguinity, has a | ||
professional or financial interest in an entity awarded a grant or | ||
applying for a grant from the institute. | ||
(c) For purposes of Subsection (b), a person has a | ||
professional interest in an entity awarded a grant or applying for a | ||
grant from the institute if the person: | ||
(1) is a member of the board of directors, another | ||
governing board, or any committee of the entity, or of a foundation | ||
or similar organization affiliated with the entity, during the same | ||
grant cycle; | ||
(2) serves as an elected or appointed officer of the | ||
entity; | ||
(3) is an employee of or is negotiating future | ||
employment with the entity; | ||
(4) represents the entity; | ||
(5) is a professional associate of a primary member of | ||
the entity's project team; | ||
(6) is, or within the preceding six years has been, a | ||
student, postdoctoral associate, or part of a laboratory research | ||
group for a primary member of the entity's project team; | ||
(7) is engaged or is actively planning to be engaged in | ||
collaboration with a primary member of the entity's project team; | ||
or | ||
(8) has long-standing scientific differences or | ||
disagreements with a primary member of the entity's project team, | ||
and those differences or disagreements: | ||
(A) are known to the professional community; and | ||
(B) could be perceived as affecting objectivity. | ||
(d) For purposes of Subsection (b), a person has a financial | ||
interest in an entity awarded a grant or applying for a grant from | ||
the institute if the person: | ||
(1) directly or indirectly owns or controls an | ||
ownership interest, including sharing in profits, proceeds, or | ||
capital gains, in an entity awarded a grant or applying for a grant | ||
from the institute; or | ||
(2) could reasonably foresee that an action taken by | ||
the oversight committee, the program integration committee, a peer | ||
review committee, or the institute could result in a financial | ||
benefit to the person. | ||
(e) Nothing in this chapter limits the oversight | ||
committee's authority to adopt additional conflict-of-interest | ||
standards. | ||
Sec. 101A.252. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL. | ||
(a) If an oversight committee member or program integration | ||
committee member has a conflict of interest described by Section | ||
101A.251 regarding an application before the member for review or | ||
other action, the member: | ||
(1) shall 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) shall disclose the conflict of interest in an open | ||
meeting of the oversight committee; | ||
(3) shall recuse themselves from participating in the | ||
review, discussion, deliberation, and vote on the application; and | ||
(4) may not access information regarding the matter to | ||
be decided. | ||
(b) If a peer review committee member has a conflict of | ||
interest described by Section 101A.251 regarding an application | ||
before the member's committee for review or other action, the | ||
member: | ||
(1) shall provide written notice to the chief | ||
executive officer of the conflict of interest; | ||
(2) shall recuse themselves from participating in the | ||
review, discussion, deliberation, and vote on the application; and | ||
(3) may not access information regarding the matter to | ||
be decided. | ||
(c) If an institute employee has a conflict of interest | ||
described by Section 101A.251 regarding an application before the | ||
employee for review or other action, the employee: | ||
(1) shall provide written notice to the chief | ||
executive officer of the conflict of interest; | ||
(2) shall recuse themselves from participating in the | ||
review of the application; and | ||
(3) may not access information regarding the matter to | ||
be decided. | ||
(d) An oversight committee member, program integration | ||
committee member, peer review committee member, or institute | ||
employee with a conflict of interest may seek a waiver as provided | ||
by Section 101A.253. | ||
(e) An oversight committee member, program integration | ||
committee member, peer review 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 institute's 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, peer review committee member, or institute | ||
employee who intentionally violates this section is subject to | ||
removal from further participation in the institute's grant review | ||
process. | ||
Sec. 101A.253. 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, peer review committee | ||
member, or institute employee. The rules must: | ||
(1) authorize the chief executive officer or an | ||
oversight committee member to propose granting a waiver by | ||
submitting to the oversight committee's presiding officer 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 an oversight committee meeting; | ||
(3) require a majority vote of the oversight committee | ||
members present and voting to grant a waiver; | ||
(4) require any waiver granted to be included in the | ||
annual report required by Section 101A.053; and | ||
(5) require the institute to retain documentation of | ||
each waiver granted. | ||
Sec. 101A.254. INVESTIGATION OF UNREPORTED CONFLICTS OF | ||
INTEREST. (a) An oversight committee member, program integration | ||
committee member, peer review committee member, or institute | ||
employee who becomes aware of an unreported potential conflict of | ||
interest described by Section 101A.251 shall immediately notify the | ||
chief executive officer of the potential conflict of interest. On | ||
receipt of the notification, the chief executive officer shall | ||
notify the institute's general counsel and the oversight | ||
committee's presiding officer, 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 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 to the | ||
oversight committee final funding recommendations for the affected | ||
grant cycle. | ||
(c) On receipt of 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 the | ||
oversight committee's presiding officer 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 oversight committee's presiding officer, | ||
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 | ||
oversight committee's presiding officer, 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. | ||
Sec. 101A.255. FINAL DETERMINATION OF UNREPORTED CONFLICT | ||
OF INTEREST. (a) The chief executive officer or, if applicable, | ||
the oversight committee's presiding officer shall make a | ||
determination regarding the existence of an unreported conflict of | ||
interest described by Section 101A.251 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 peer review | ||
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 | ||
oversight committee's presiding officer, shall provide to the grant | ||
applicant requesting the investigation written notice of the final | ||
determination, including any further actions to be taken. | ||
(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. | ||
SUBCHAPTER G. PROCEDURE FOR AWARDING GRANTS | ||
Sec. 101A.301. PEER REVIEW PROCESS FOR GRANT AWARD. The | ||
institute shall establish a peer review process to evaluate and | ||
recommend all grants the oversight committee awards under this | ||
chapter. | ||
Sec. 101A.302. GRANT AWARD RULES AND PROCEDURES. (a) The | ||
oversight committee shall adopt rules regarding the procedure for | ||
awarding grants to an applicant under this chapter. The rules must | ||
require: | ||
(1) the peer review committee to score grant | ||
applications and make recommendations to the program integration | ||
committee and the oversight committee regarding the award of | ||
grants, including providing a prioritized list that: | ||
(A) ranks the grant applications in the order the | ||
peer review committee determines applications should be funded; and | ||
(B) includes information explaining each grant | ||
applicant's qualification under the peer review committee's | ||
standards for recommendation; and | ||
(2) the program integration committee to submit to the | ||
oversight committee a list of grant applications the program | ||
integration committee by majority vote approved for recommendation | ||
that: | ||
(A) includes documentation on the factors the | ||
program integration committee considered in making the | ||
recommendations; | ||
(B) is substantially based on the list submitted | ||
by the peer review committee under Subdivision (1); and | ||
(C) to the extent possible, gives priority to | ||
applications including proposals that: | ||
(i) may lead to immediate or long-term | ||
medical and scientific breakthroughs in the areas of prevention or | ||
treatment for Alzheimer's disease and related disorders; | ||
(ii) strengthen and enhance fundamental | ||
scientific research on Alzheimer's disease and related disorders; | ||
(iii) ensure a comprehensive coordinated | ||
approach to research on Alzheimer's disease and related disorders; | ||
(iv) are interdisciplinary or | ||
interinstitutional; | ||
(v) align with state priorities and needs, | ||
including priorities and needs outlined in other state agency | ||
strategic plans, or that address federal or other major research | ||
sponsors' priorities in scientific or technological research in the | ||
fields of Alzheimer's disease and related disorders; | ||
(vi) are matched with money provided by a | ||
private or nonprofit entity or institution of higher education; | ||
(vii) are collaborative between any | ||
combination of private and nonprofit entities, public or private | ||
agencies or institutions in this state, and public or private | ||
institutions outside this state; | ||
(viii) benefit the residents of this state, | ||
including a demonstrable economic development benefit to this | ||
state; | ||
(ix) enhance research superiority at | ||
institutions of higher education in this state by creating new | ||
research superiority, attracting existing research superiority | ||
from institutions outside this state and other research entities, | ||
or attracting from outside this state additional researchers and | ||
resources; | ||
(x) expedite innovation and product | ||
development, attract private sector entities to stimulate a | ||
substantial increase in high-quality jobs, and increase higher | ||
education applied science or technology research capabilities; and | ||
(xi) address the goals of the research | ||
plan. | ||
(b) A peer review committee member may not attempt to use | ||
the committee member's official position to influence a decision to | ||
approve or award a grant or contract to the committee member's | ||
employer. | ||
(c) A program integration committee member may not discuss a | ||
grant applicant recommendation with an oversight committee member | ||
unless the program integration committee has submitted the list | ||
required under Subsection (a)(2). | ||
(d) Two-thirds of the oversight committee members present | ||
and voting must vote to approve each grant award recommendation of | ||
the program integration committee. If the oversight committee does | ||
not approve a grant award recommendation of the program integration | ||
committee, a statement explaining the reasons the recommendation | ||
was not followed must be included in the minutes of the meeting. | ||
(e) The oversight committee may not award more than $300 | ||
million in grants under this chapter in a state fiscal year. | ||
(f) The oversight committee may not award a grant to an | ||
applicant who has made a gift or grant to the institute, an | ||
oversight committee member, or an institute employee on or after | ||
January 1, 2026. This section does not apply to gifts, fees, | ||
honoraria, or other items also excepted under Section 36.10, Penal | ||
Code. | ||
Sec. 101A.303. MULTIYEAR PROJECTS. (a) The oversight | ||
committee may approve the award of grant money for a multiyear | ||
project. | ||
(b) The oversight committee shall specify the total amount | ||
of money approved to fund the multiyear project. For purposes of | ||
this chapter, the total amount is considered to have been awarded in | ||
the state fiscal year the peer review committee approved the | ||
project. The institute shall disburse only the money to be spent | ||
during that fiscal year. The institute shall disburse the | ||
remaining grant money as the money is needed in each subsequent | ||
state fiscal year. | ||
Sec. 101A.304. CONTRACT TERMS. (a) Before disbursing | ||
grant money awarded under this chapter, the institute shall execute | ||
a written contract with the grant recipient. The contract shall: | ||
(1) specify that except for awards to state agencies | ||
or public institutions of higher education, if all or any part of | ||
the grant amount is used to build a capital improvement: | ||
(A) the state retains a lien or other interest in | ||
the capital improvement in proportion to the percentage of the | ||
grant amount used to pay for the capital improvement; and | ||
(B) the grant recipient shall, if the capital | ||
improvement is sold: | ||
(i) repay to this state the grant money used | ||
to pay for the capital improvement, with interest at the rate and | ||
according to the other terms provided by the contract; and | ||
(ii) share with this state a proportionate | ||
amount of any profit realized from the sale; | ||
(2) specify that if the grant recipient has not used | ||
awarded grant money for the purposes for which the grant was | ||
intended, the recipient shall repay that grant amount and any | ||
related interest applicable under the contract to this state at the | ||
agreed rate and on the agreed terms; | ||
(3) specify that if the grant recipient fails to meet | ||
the terms and conditions of the contract, the institute may | ||
terminate the contract using the written process prescribed in the | ||
contract and require the recipient to repay the awarded grant money | ||
and any related interest applicable under the contract to this | ||
state at the agreed rate and on the agreed terms; | ||
(4) include terms relating to intellectual property | ||
rights consistent with the standards developed by the oversight | ||
committee under Section 101A.305; | ||
(5) require, in accordance with Subsection (b), the | ||
grant recipient to dedicate an amount of matching money equal to | ||
one-half of the amount of the grant awarded and specify the amount | ||
of matching money to be dedicated; | ||
(6) specify the period in which the grant award must be | ||
spent; and | ||
(7) include the specific deliverables of the project | ||
that is the subject of the grant proposal. | ||
(b) Before the institute may disburse grant money, the grant | ||
recipient must certify the recipient has available an unexpended | ||
amount of money equal to one-half of the grant amount dedicated to | ||
the research specified in the grant proposal. The institute shall | ||
adopt rules specifying a grant recipient's obligations under this | ||
chapter. At a minimum, the rules must: | ||
(1) allow an institution of higher education or a | ||
private or independent institution of higher education, as those | ||
terms are defined by Section 61.003, Education Code, or a research | ||
institute or center affiliated with the institution, to credit | ||
toward the recipient's matching money the dollar amount equivalent | ||
to the difference between the indirect cost rate authorized by the | ||
federal government for research grants awarded to the recipient and | ||
the indirect cost rate authorized by Section 101A.203(c); | ||
(2) specify that: | ||
(A) the recipient of more than one grant award | ||
under this chapter may provide matching money certification at an | ||
institutional level; | ||
(B) the recipient of a multiyear grant award may | ||
yearly certify matching money; and | ||
(C) grant money may not be disbursed to the | ||
recipient until the annual certification of the matching money has | ||
been approved; | ||
(3) specify that money for certification purposes may | ||
include: | ||
(A) federal money; | ||
(B) the fair market value of drug development | ||
support provided to the recipient by the National Institutes of | ||
Health or other similar programs; | ||
(C) this state's money; | ||
(D) other states' money; and | ||
(E) nongovernmental money, including money from | ||
private sources, foundation grants, gifts, and donations; | ||
(4) specify that the following items may not be used | ||
for certification purposes: | ||
(A) in-kind costs; | ||
(B) volunteer services provided to the | ||
recipient; | ||
(C) noncash contributions; | ||
(D) the recipient's preexisting real estate, | ||
including buildings, facilities, and land; | ||
(E) deferred giving, including a charitable | ||
remainder annuity trust, charitable remainder unitrust, or pooled | ||
income fund; or | ||
(F) any other items the institute determines; | ||
(5) require the recipient's certification to be | ||
included in the grant award contract; | ||
(6) specify that the recipient's failure to provide | ||
certification serves as grounds for terminating the grant award | ||
contract; | ||
(7) require the recipient to maintain adequate | ||
documentation supporting the source and use of the money required | ||
by this subsection and to provide documentation to the institute on | ||
request; and | ||
(8) require the institute to establish a procedure to | ||
annually review the documentation supporting the source and use of | ||
money reported in the required certification. | ||
(c) The institute shall establish a policy on advance | ||
payments to grant recipients. | ||
(d) The oversight committee shall adopt rules to administer | ||
this section. | ||
Sec. 101A.305. PATENT ROYALTIES AND LICENSE REVENUES PAID | ||
TO STATE. (a) The oversight committee shall establish standards | ||
requiring all grant awards to be subject to an intellectual | ||
property agreement that allows this 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 grant money awarded under this | ||
chapter. | ||
(b) In determining this state's interest in any | ||
intellectual property rights, the oversight committee shall | ||
balance the opportunity of this state to benefit from the patents, | ||
royalties, licenses, and other benefits 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 of the individual researcher, | ||
research team, or institution. | ||
(c) The oversight committee may authorize the institute to | ||
execute a contract with one or more qualified third parties for | ||
assistance with the management, accounting, and disposition of this | ||
state's interest in securities, equities, royalties, income, and | ||
other benefits realized from grant money awarded under this | ||
chapter. The institute shall implement practices and procedures | ||
for the management, accounting, and disposition of securities, | ||
equities, royalties, income, and other benefits the institute | ||
determines are in this state's best interest. | ||
Sec. 101A.306. PREFERENCE FOR TEXAS SUPPLIERS. In a good | ||
faith effort to achieve a goal of more than 50 percent of purchases | ||
from suppliers in this state, the oversight committee shall | ||
establish standards to ensure grant recipients purchase goods and | ||
services from suppliers in this state to the extent reasonably | ||
possible. | ||
Sec. 101A.307. HISTORICALLY UNDERUTILIZED BUSINESSES. The | ||
oversight committee shall establish standards to ensure grant | ||
recipients purchase goods and services from historically | ||
underutilized businesses as defined by Section 2161.001, | ||
Government Code, and any other applicable state law. | ||
Sec. 101A.308. GRANT COMPLIANCE AND PROGRESS EVALUATION. | ||
(a) The institute shall require as a condition of a grant awarded | ||
under this chapter that the grant recipient submit to regular | ||
inspection reviews of the grant project by institute employees to | ||
ensure compliance with the terms of the grant contract and ongoing | ||
progress, including the scientific merit of the research. | ||
(b) The chief executive officer shall report at least | ||
annually to the oversight committee on the progress and continued | ||
merit of the projects awarded grants by the institute. | ||
Sec. 101A.309. MEDICAL AND RESEARCH ETHICS. A project | ||
awarded a grant under this chapter must comply with all applicable | ||
federal and state laws regarding the conduct of the research or a | ||
prevention project. | ||
Sec. 101A.310. PUBLIC INFORMATION; CONFIDENTIAL | ||
INFORMATION. (a) The following information is public information | ||
and may be disclosed under Chapter 552, Government Code: | ||
(1) a grant applicant's name and address; | ||
(2) the amount of money requested in an applicant's | ||
grant proposal; | ||
(3) the type of research on Alzheimer's disease or | ||
related disorders to be addressed under a grant proposal; and | ||
(4) any other information the institute designates | ||
with the consent of a grant applicant. | ||
(b) To protect the actual or potential value of information | ||
submitted to the institute by an applicant for or recipient of a | ||
grant under this chapter, the following information submitted by | ||
the applicant or recipient is confidential and is not subject to | ||
disclosure under Chapter 552, Government Code, or any other law: | ||
(1) all information, other than the information | ||
described under Subsection (a), contained in a grant application, | ||
peer review evaluation, award contract, or progress report relating | ||
to a product, device, or process, the application or use of the | ||
product, device, or process, and all technological and scientific | ||
information, including computer programs, developed wholly or | ||
partly by the applicant or recipient, 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 following information is confidential and not | ||
subject to disclosure under Chapter 552, Government Code: | ||
(1) information that directly or indirectly reveals | ||
the identity of an individual who reports fraud, waste, or abuse of | ||
state resources to the institute's compliance program office, seeks | ||
guidance from the office, or participates 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 specified in a | ||
report submitted to the office if, after completing an | ||
investigation, the office determines the report to be | ||
unsubstantiated or without merit; and | ||
(3) other information 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 the information's disclosure. | ||
(e) Information made confidential or excepted from public | ||
disclosure by this section may be made available, on request and in | ||
compliance with applicable laws and procedures, to the following: | ||
(1) a law enforcement agency or prosecutor; | ||
(2) a governmental agency responsible for | ||
investigating the matter specified in a compliance report, | ||
including the Texas Workforce Commission civil rights division or | ||
the 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. | ||
(g) 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 an oversight committee member, in the employee's or | ||
member's official capacity. The posted information must include | ||
each donor's name and the amount and date of the donor's donation. | ||
This section is not applicable to gifts, fees, honoraria, or other | ||
items also excepted under Section 36.10, Penal Code. | ||
SECTION 2. Section 51.955(c), Education Code, is amended to | ||
read as follows: | ||
(c) Subsection (b)(1) does not apply to a research contract | ||
between an institution of higher education and the Cancer | ||
Prevention and Research Institute of Texas or Alzheimer's | ||
Prevention and Research Institute of Texas. | ||
SECTION 3. Section 61.003(6), Education Code, is amended to | ||
read as follows: | ||
(6) "Other agency of higher education" means The | ||
University of Texas System, System Administration; The University | ||
of Texas at El Paso Museum; Texas Epidemic Public Health Institute | ||
at The University of Texas Health Science Center at Houston; The | ||
Texas A&M University System, Administrative and General Offices; | ||
Texas A&M AgriLife Research; Texas A&M AgriLife Extension Service; | ||
Rodent and Predatory Animal Control Service (a part of the Texas A&M | ||
AgriLife Extension Service); Texas A&M Engineering Experiment | ||
Station (including the Texas A&M Transportation Institute); Texas | ||
A&M Engineering Extension Service; Texas A&M Forest Service; Texas | ||
Division of Emergency Management; Texas Tech University Museum; | ||
Texas State University System, System Administration; Sam Houston | ||
Memorial Museum; Panhandle-Plains Historical Museum; Cotton | ||
Research Committee of Texas; Texas Water Resources Institute; Texas | ||
A&M Veterinary Medical Diagnostic Laboratory; Alzheimer's | ||
Prevention and Research Institute of Texas; and any other unit, | ||
division, institution, or agency which shall be so designated by | ||
statute or which may be established to operate as a component part | ||
of any public senior college or university, or which may be so | ||
classified as provided in this chapter. | ||
SECTION 4. Section 572.003(c), Government Code, is amended | ||
to read as follows: | ||
(c) The term means a member of: | ||
(1) the Public Utility Commission of Texas; | ||
(2) the Texas Commission on Environmental Quality; | ||
(3) the Texas Alcoholic Beverage Commission; | ||
(4) the Finance Commission of Texas; | ||
(5) the Texas Facilities Commission; | ||
(6) the Texas Board of Criminal Justice; | ||
(7) the board of trustees of the Employees Retirement | ||
System of Texas; | ||
(8) the Texas Transportation Commission; | ||
(9) the Texas Department of Insurance; | ||
(10) the Parks and Wildlife Commission; | ||
(11) the Public Safety Commission; | ||
(12) the Texas Ethics Commission; | ||
(13) the State Securities Board; | ||
(14) the Texas Water Development Board; | ||
(15) the governing board of a public senior college or | ||
university as defined by Section 61.003, Education Code, or of The | ||
University of Texas Southwestern Medical Center, The University of | ||
Texas Medical Branch at Galveston, The University of Texas Health | ||
Science Center at Houston, The University of Texas Health Science | ||
Center at San Antonio, The University of Texas M. D. Anderson Cancer | ||
Center, The University of Texas Health Science Center at Tyler, | ||
University of North Texas Health Science Center at Fort Worth, | ||
Texas Tech University Health Sciences Center, Texas State Technical | ||
College--Harlingen, Texas State Technical College--Marshall, Texas | ||
State Technical College--Sweetwater, or Texas State Technical | ||
College--Waco; | ||
(16) the Texas Higher Education Coordinating Board; | ||
(17) the Texas Workforce Commission; | ||
(18) the board of trustees of the Teacher Retirement | ||
System of Texas; | ||
(19) the Credit Union Commission; | ||
(20) the School Land Board; | ||
(21) the board of the Texas Department of Housing and | ||
Community Affairs; | ||
(22) the Texas Racing Commission; | ||
(23) the State Board of Dental Examiners; | ||
(24) the Texas Medical Board; | ||
(25) the Board of Pardons and Paroles; | ||
(26) the Texas State Board of Pharmacy; | ||
(27) the Department of Information Resources | ||
governing board; | ||
(28) the board of the Texas Department of Motor | ||
Vehicles; | ||
(29) the Texas Real Estate Commission; | ||
(30) the board of directors of the State Bar of Texas; | ||
(31) the Bond Review Board; | ||
(32) the Health and Human Services Commission; | ||
(33) the Texas Funeral Service Commission; | ||
(34) the board of directors of a river authority | ||
created under the Texas Constitution or a statute of this state; | ||
(35) the Texas Lottery Commission; [ |
||
(36) the Cancer Prevention and Research Institute of | ||
Texas; or | ||
(37) the Alzheimer's Prevention and Research Institute | ||
of Texas. | ||
SECTION 5. (a) Not later than December 31, 2025, the | ||
appropriate appointing authority shall appoint the members to the | ||
Alzheimer's Prevention and Research Institute of Texas Oversight | ||
Committee as required by Section 101A.101, Health and Safety Code, | ||
as added by this Act. The oversight committee may not act until a | ||
majority of the appointed members have taken office. | ||
(b) Notwithstanding Section 101A.101, Health and Safety | ||
Code, as added by this Act, in making the initial appointments under | ||
that section, the governor, lieutenant governor, and speaker of the | ||
house of representatives shall, as applicable, designate one member | ||
of the Alzheimer's Prevention and Research Institute of Texas | ||
appointed by that person to serve a term expiring January 31, 2027, | ||
one member appointed by that person to serve a term expiring January | ||
31, 2029, and one member appointed by that person to serve a term | ||
expiring January 31, 2031. | ||
SECTION 6. If the voters approve the constitutional | ||
amendment proposed by the 89th Legislature, Regular Session, 2025, | ||
providing for the establishment of the Alzheimer's Prevention and | ||
Research Institute of Texas, establishing the Alzheimer's | ||
Prevention and Research Fund to provide money for research on and | ||
prevention and treatment of Alzheimer's disease and related | ||
disorders in this state, and transferring to that fund $3 billion | ||
from state general revenue, the Alzheimer's Prevention and Research | ||
Institute of Texas established by Chapter 101A, Health and Safety | ||
Code, as added by this Act, is eligible for funding to be deposited | ||
under the authority of Section 68, Article III, Texas Constitution, | ||
for the institute to engage in any activities serving the purposes | ||
of that constitutional provision. | ||
SECTION 7. This Act takes effect December 1, 2025, but only | ||
if the constitutional amendment proposed by the 89th Legislature, | ||
Regular Session, 2025, providing for the establishment of the | ||
Alzheimer's Prevention and Research Institute of Texas, | ||
establishing the Alzheimer's Prevention and Research Fund to | ||
provide money for research on and prevention and treatment of | ||
Alzheimer's disease and related disorders in this state, and | ||
transferring to that fund $3 billion from state general revenue is | ||
approved by the voters. If that amendment is not approved by the | ||
voters, this Act has no effect. |