The Cancer Prevention and Research Institute of Texas (Institute), formerly the Texas Cancer Council, proposes a new Chapter 703, §§703.1 - 703.15, concerning grants for cancer prevention and research. The 2007 Legislature enacted House Bill 14, which amended Chapter 102 of the Health and Safety Code, abolished the Texas Cancer Council, created the Institute, and provided rulemaking authority to the Institute's Oversight Committee. The 2009 Legislature enacted House Bill 1358, which expressly directs the Institute's Oversight Committee to adopt rules regarding the procedure for making grant awards for cancer prevention and research by the Institute. In addition, these rules are adopted pursuant to and in satisfaction of the provisions of Texas Health and Safety Code, Chapter 102, and other relevant statutes. These matters, therefore, incorporate the matters addressed in the prior Chapter 703 rules, which are being repealed in their entirety and are being replaced with these new rules.

Section 703.1 is proposed to set forth the purpose of the section and the application of the rules to grants awarded on or after September 1, 2009.

Section 703.2 is proposed to define various terms used throughout the chapter.

Section 703.3 is proposed to provide general standards regarding requests for grant applications for cancer research and prevention programs to be issued by the Institute. This rule also sets out certain requirements for applicants responding to a request issued by the Institute.

Section 703.4 is proposed to reflect the Institute's option to use a grants management company to assist the Institute in some or all aspects of the grant application and review process.

Section 703.5 is proposed to set forth the standards applicable to members of the scientific research and prevention programs committees, including appointment, duties, and obligations regarding potential conflicts of interest.

Section 703.6 is proposed to provide guidelines regarding the grant review process, including funding priorities and consideration by the scientific research and prevention programs committees.

Section 703.7 is proposed to give guidance regarding the Executive Director's duty to submit a list of grant funding recommendations to the Institute's Oversight Committee.

Section 703.8 is proposed to delineate the process that the Oversight Committee follows to override the Executive Director's funding recommendation.

Section 703.9 is proposed to set forth the grounds and procedures for a grant applicant to seek a review of the grant process.

Section 703.10 is proposed to describe how the Institute will award grants by contract, including several mandatory provisions to be incorporated in the contract between the Institute and the grant recipient.

Section 703.11 is proposed to explain the grant recipient's certification of available funds.

Section 703.12 is proposed to provide limits on the recipient's use of grant funds.

Section 703.13 is proposed to set forth the Institute's right to audit grant recipients.

Section 703.14 is proposed to describe the process for terminating grants prior to the expiration of the contract between the Institute and the recipient.

Section 703.15 is proposed to describe the Institute's option to grant funds for multiyear projects.

Kristen Pauling Doyle, General Counsel for the Cancer Prevention and Research Institute of Texas, has determined that for the first five-year period the new rules are in effect there will be no foreseeable implications relating to costs or revenues for state or local government as a result of enforcing or administering the new rules.

Ms. Doyle also has determined that for each year of the first five years the new rules are in effect the public benefit anticipated as a result of enforcing the new rules will be clarification of the policies and procedures the Institute will follow to implement its statutory duties to award grants from the Cancer Prevention and Research fund. There are no anticipated economic costs to persons who are required to comply with the new rules as proposed.

Ms. Doyle has determined that the new rules shall not have an effect on small businesses or micro businesses.

Written comments on the proposed new rules may be submitted to Kristen Pauling Doyle, General Counsel, Cancer Prevention and Research Institute of Texas, by facsimile transmission to (512) 475-2563, by electronic mail to kdoyle@cprit.state.tx.us, or by U.S. mail to P.O. Box 12097, Austin, Texas 78711. Comments are due within 30 days of the publication of proposed rules in the Texas Register.

The new sections are proposed under the authority of the Texas Health and Safety Code Annotated, §102.108 and §102.251, which provide the Institute's Oversight Committee with rulemaking authority and direct the Institute to adopt rules relating to grant award procedures.

There is no other statute, article, or code that is affected by these proposed new rules.