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(a)The Oversight Committee may not award more than $300 million in grants from the Cancer Prevention and Research Fund in a fiscal year. (b)The Oversight Committee shall negotiate on behalf of the state regarding the awarding of grant funds, and enter into a written contract with the grant recipient. (c)The Oversight Committee may delegate contract negotiation duties to a team that includes at least the Executive Director, the General Counsel for the Institute, and an Oversight Committee member designated by the Presiding Officer. (d)The contract between the Institute and the grant recipient shall include the following provisions: (1)If any portion of the grant has been approved by the Oversight Committee to be used to build a capital improvement, the contract must specify that: (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. (B)The grant recipient agrees to repay to the state the grant money used to pay for the capital improvement, with interest, and share with the state a proportionate amount of any profit realized from the sale if the capital improvement is sold. (2)Terms relating to intellectual property rights consistent with the standards established by the Oversight Committee pursuant to §102.256, Health and Safety Code; (3)Terms related publication of material created with grant funds or related to the research that is the subject of grant funds, including to acknowledgement of Institute funding and copyright ownership, if applicable; (4)Repayment terms, including interest rates, to be enforced if the grant recipient has not used grant money for the purposes for which the grant was intended; (5)A statement that the Institute does not assume responsibility for the conduct of the research project or prevention program, and that the conduct of the project and activities of all investigators are under the scope and direction of the recipient; (6)A statement that cancer research project or prevention program is conducted with full consideration for the ethical and medical implications of the research and that the project will comply with all federal and state laws regarding the conduct of the research; (7)Standards established by the Oversight Committee pursuant to §102.258 and §102.259, Health and Safety Code, to ensure that grant recipients purchase goods and services from suppliers in this state and from historically underutilized businesses as defined by Chapter 2161, Government Code, and any other state law; (8)An agreement by the grant recipient to submit to regular inspection reviews of the grant project; (9)An agreement by the grant recipient to present progress reports to the Executive Director on a schedule specified by the contract that includes information on a grant-by-grant basis quantifying the amount of additional research funding, if any, secured as a result of Cancer Prevention and Research funding; (10)An agreement that a substantial percentage of any new or expanded preclinical testing, clinical trials, commercialization, or manufacturing of any real or intellectual product resulting from the award will be established and conducted in this state, to the extent possible; and (11)An agreement that the recipient will abide by the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning, if applicable. (e)The grant recipient is under a continuing obligation to notify the Executive Director of any adverse conditions that materially impact milestones and objectives included in the contract. (f)The Oversight Committee may not award grant funds after August 31, 2020.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the
Secretary of State on August 17, 2009
TRD-200903609 William "Bill" Gimson
Executive Director
Cancer Prevention and Research Institute of Texas
Earliest possible date of adoption: September 27, 2009
For further information, please call: (512) 463-3190
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