The Cancer Prevention and Research Institute of Texas (Institute) proposes amendments to §§703.3, 703.6, 703.8, 703.11, 703.13, 703.14, 703.20, and 703.21.

The purpose of the proposed amendments is to clarify document submission requirements of grant recipients. Specifically, the proposed amendments explain deadlines and consequences of late submission of the following: audits, close out documents, financial status reports, grant progress reports, and tranche progress reports. Amended language also clarifies when reimbursement costs are waived. These amendments also allow for the designation of co-chairpersons by either a Peer Review Panel chairperson or Review Council chairperson. In addition, the amendments are proposed pursuant to and in satisfaction of the provisions of Texas Health and Safety Code, Chapter 102, and other relevant statutes.

Section 703.3 is amended to add clarifying language that an "otherwise qualified" applicant is eligible only for the grant for which the applicant applied. Also, language is amended to require a grant applicant to disclose if ineligible to receive state grant funds.

Section 703.6 is amended to correctly state the title, Peer Review Panel chairperson. A new subsection is added to allow a Peer Review Panel chairperson or Review Council chairperson who cannot carry out duties to designate a co-chairperson.

Section 703.8 is amended to allow the chief executive officer, instead of the chief compliance officer, to recommend corrective actions for variances that occurred in the grant review process.

Section 703.11 is amended to reduce duplicative steps when a grant recipient documents indirect cost rates. Also, language is added to require the chief executive officer's approval when the Institute takes action towards a grant recipient that has not matched funds equal to one-half of the grant amount.

Section 703.13 is amended to clarify for grant recipients when audits are due and consequences when delinquent. Instead of months, the time is counted by days. A grant recipient may request more time, and language is added to clarify when that request is due. If delinquent, a grant recipient is not eligible to be awarded a new grant or continue a grant award.

Section 703.14 is amended to clarify the termination and close out process of a grant contract. Language is added to allow the Institute to take action to extend a termination date more than 180 days prior to the termination date of the grant contract. Clarification is given to the term "close out documents." Also, new language is added to clarify waiver of reimbursement costs as it relates to the final financial status report and other close out documents. Lastly, new language details the process of granting a waiver of late close out document submission.

Section 703.20 is amended to require a grant recipient to show good cause for not certifying adoption and enforcement of a Tobacco-free workplace policy.

Section 703.21 is amended to clarify due dates and consequences of late submission of financial status reports, grant progress reports, and tranche grant progress reports for product development grant recipients. The rule is clarified to address waiver of reimbursement for grant recipients who have received advance payment of funds. If a grant progress report or tranche grant progress report is not timely submitted, the Institute will not disburse funds until it is.

Kristen Pauling Doyle, General Counsel for the Cancer Prevention and Research Institute of Texas has determined that for the first five-year period the 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 rules.

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

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

Written comments on the amendments may be submitted to Ms. Kristen Pauling Doyle, General Counsel, Cancer Prevention and Research Institute of Texas, P.O. Box 12097, Austin, Texas 78711 no later than July 14, 2014. Parties filing comments are asked to indicate whether or not they support the rule revisions proposed by the Institute and, if changes are requested, to provide specific text proposed to be included in the rule. Comments may be submitted electronically to kdoyle@cprit.state.tx.us. Comments may be submitted by facsimile transmission to (512) 475-2563.

The amendments are proposed under the authority of the Texas Health and Safety Code Annotated, §§102.8, 102.251, 102.255, 102.260, which provide the Institute with the authority to adopt rules and the Oversight Committee to establish procedures for the grant award process.

There is no other statute, article or code that is affected by this proposal.