HB5 - Relating to the creation of the Dementia Prevention and Research Institute of Texas.

      By: Craddick H.B. No. 5       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the Dementia 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. DEMENTIA PREVENTION AND RESEARCH INSTITUTE OF TEXAS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 101A.001.  DEFINITIONS. In this chapter:                 (1)     "Institute" means the Dementia Prevention and   Research Institute of Texas.                 (2)     "Oversight committee" means the Dementia   Prevention and Research Institute of Texas Oversight Committee.                 (3)     "Peer review committee" means the Dementia   Prevention and Research Institute of Texas Peer Review Committee.                 (4)     "Program integration committee" means the   Dementia Prevention and Research Institute of Texas Program   Integration Committee.           Sec.   101A.002.     PURPOSES. The Dementia Prevention and   Research Institute of Texas is established to:                 (1)     create and expedite innovation in research on   dementia and related disorders to improve the health of residents   of this state, enhance the potential for a medical or scientific   breakthrough in research on dementia and related disorders, and   enhance the research superiority of this state regarding dementia   and related disorders; and                 (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 dementia and related disorders, strategies   for prevention of dementia and related disorders, and the creation   of exceptional jobs in this state.           Sec.   101A.003.     SUNSET PROVISION. The Dementia 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. 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)     research, including translational and   clinical research, into the causes of, means of prevention of, and   treatment and rehabilitation for dementia and related disorders;                       (B)     research, including translational research,   to develop therapies, protocols, medical pharmaceuticals, or   procedures for the substantial mitigation of the symptoms of   dementia and related disorders;                       (C)     facilities, equipment, and other costs   related to research on dementia and related disorders; and                       (D)     prevention programs and strategies to   mitigate the detrimental health impacts of dementia and related   disorders;                 (2)     may collaborate with relevant state agencies,   coordinating councils, and consortiums to enhance health care and   research for dementia 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)     may 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; and                 (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.           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)     an estimate of the financial cost to this state of   dementia and related disorders during the most recent state fiscal   year for which data is available;                 (7)     a statement of the institute's compliance program   activities, including any proposed legislation or other   recommendations identified through the activities;                 (8)  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                 (9)  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.   The institute shall provide the audit to the comptroller.           (b)  The comptroller shall:                 (1)     review and evaluate the audit and annually issue a   public report of that review; and                 (2)     make recommendations concerning the institute's   financial practices and performance.           (c)     The oversight committee shall review the annual   financial audit, the comptroller's public report and   recommendations, and the financial practices of the institute.           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 m [Text truncated for display. Full text available on Congress.gov.]