(a)A Grant Recipient may use Grant Award funds only
for Cancer Research and Cancer Prevention projects consistent with
the purpose of the Act, and in accordance with the Grant Contract.
Grant Award funds may not be used for purposes other than those purposes
for which the grant was awarded. The Institute may require a Grant
Recipient to repay Grant Award funds if the Grant Recipient fails
to expend the Grant Award funds in accordance with the terms and conditions
of the Grant Contract and the provisions of this chapter.
[(b)Grant Award funds must be used
for Authorized Expenses.]
[(1)Expenses that are not authorized and shall not
be paid from Grant Award funds, include, but are not limited to:]
[(A)Bad debt, such as losses arising from uncollectible
accounts and other claims and related costs.]
[(B)Contributions to a contingency reserve or any
similar provision for unforeseen events.]
[(C)Contributions and donations made to any individual
or organization.]
[(D)Costs of entertainment, amusements, social activities,
and incidental costs relating thereto, including tickets to shows
or sports events, meals, alcoholic beverages, lodging, rentals, transportation
and gratuities.]
[(E)Costs relating to food and beverage items, unless
the food item is related to the issue studied by the project that
is the subject of the Grant Award.]
[(F)Fines, penalties, or other costs resulting from
violations of or failure to comply with federal, state, local or Indian
tribal laws and regulations.]
[(G)An honorary gift or a gratuitous payment.]
[(H)Interest and other financial costs related to
borrowing and the cost of financing.]
[(I)Legislative expenses such as salaries and other
expenses associated with lobbying the state or federal legislature
or similar local governmental bodies, whether incurred for purposes
of legislation or executive direction.]
[(J)Liability insurance coverage.]
[(K)Benefit replacement pay or legislatively-mandated
pay increases for eligible general revenue-funded state employees
at Grant Recipient state agencies or universities.]
[(L)Professional association fees or dues for the
Grant Recipient or an individual.]
[(M)Promotional items and costs relating to items
such as T-shirts, coffee mugs, buttons, pencils, and candy that advertise
or promote the project or Grant Recipient.]
[(N)Patient support services costs relating to services
such as personal care items and financial assistance for low-income
clients.]
[(O)Fees for visa services.]
[(2)Additional guidance regarding Authorized Expenses
for a specific program may be provided by the terms of the Grant Contract
and by the Uniform Grant Management Standards (UGMS) adopted by the
Comptroller's Office. If guidance from UGMS on a particular issue
conflicts with a specific provision of the Grant Contract, Chapter
102, Texas Health and Safety Code, or the Institute's administrative
rules, then the Grant Contract, statute, or Institute administrative
rule shall prevail.]
[(3)The Institute is responsible for making the final
determination regarding whether an expense shall be considered an
Authorized Expense.]
(b)[(c)] A Grant Recipient of
Grant Award funds for a Cancer Research or Cancer Prevention project
may not spend more than five percent (5%) of the Grant Award funds
for Indirect Costs.
(c)[(d)] The Institute may not
award more than five percent (5%) of the total Grant Award funds for
each fiscal year to be used for facility purchase, construction, remodel,
or renovation purposes during any year. Any Grant Award funds that
are to be expended by a Grant Recipient for facility purchase, construction,
remodel, or renovations are subject to the following conditions:
(1)The use of Grant Award funds must be specifically
approved by the Chief Executive Officer with notification to the Oversight
Committee;
(2)Grant Award funds spent on facility purchase, construction,
remodel, or renovation projects must benefit Cancer Prevention and
Research;
(3)If Grant Award funds are used to build a capital
improvement, then the state retains a lien or other interest in the
capital improvement in proportion to the percentage of the Grant Award
funds used to pay for the capital improvement. If the capital improvement
is sold, then the Grant Recipient agrees to repay to the state the
Grant Award funds used to pay for the capital improvement, with interest,
and share with the state a proportionate amount of any profit realized
from the sale.
(d)[(e)] The Institute may not
award more than ten percent (10%) of the money awarded from the Cancer
Prevention and Research Fund or from the proceeds of bonds issued
on behalf of the Institute to be used for Cancer Prevention and Control
programs during any year. Grant Awards for Cancer Prevention research
projects shall not be counted toward the Grant Award amount limit
for Cancer Prevention and Control Programs. For purposes of this subsection,
the Institute is presumed to award the full amount of funds available.
At the first regular Oversight Committee meeting of the fiscal year,
the Chief Executive Officer shall report that full amount of Grant
Award funds available to be awarded for the fiscal year subject to
periodic updates announced at regular meetings of the Oversight Committee.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the
Office
of the Secretary of State on August 22, 2016
TRD-201604315 Heidi McConnell
Chief Operating Officer
Cancer Prevention and Research Institute of Texas
Earliest possible date of adoption: October 2, 2016
For further information, please call: (512) 463-3190
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