The Cancer Prevention and Research Institute of Texas (Institute or CPRIT) proposes an amendment to §703.11(b)(4). The proposed amendment changes the timeframe when a grant recipient may use a new federal indirect cost rate from "less than six months" to "six months or less."

Background and Justification

The proposed amendment to §703.11(b)(4) revises the starting date when a grant recipient may use a new federal indirect cost rate (FICR) to calculate the matching funds requirement. A grant recipient that is a public or private institution, as defined by §61.003, Texas Education Code, may use their FICR as a credit when calculating the grant recipient's matching funds requirement. Currently, if the FICR changes less than six months following the anniversary date of the effective date of the grant contract, the grant recipient may use the new rate. The proposed amendment changes the time to "six months or less" for a grant recipient to use a new FICR. This change clarifies the timeframe calculation and gives grant recipients more time to use an updated FICR.

Fiscal Note

Kristen Pauling Doyle, Deputy Executive Officer and General Counsel for the Cancer Prevention and Research Institute of Texas, has determined that for the first five-year period the rule change is in effect, there will be no foreseeable implications relating to costs or revenues for state or local government due to enforcing or administering the rules.

Public Benefit and Costs

Ms. Doyle has determined that for each year of the first five years the rule change is in effect the public benefit anticipated due to enforcing the rule will be the clarification of the time that a grant recipient may use a new FICR when calculating required matching funds.

Small Business, Micro-Business, and Rural Communities Impact Analysis

Ms. Doyle has determined that the rule change will not affect small businesses, micro businesses or rural communities.

Government Growth Impact Statement

The Institute, in accordance with 34 Texas Administrative Code §11.1, has determined that during the first five years that the section will be in effect:

(1) the proposed rule changes will not create or eliminate a government program;

(2) implementation of the proposed rule changes will not affect the number of employee positions;

(3) implementation of the proposed rule changes will not require an increase or decrease in future legislative appropriations;

(4) the proposed rule changes will not affect fees paid to the agency;

(5) the proposed rule changes will not create new rules;

(6) the proposed rule changes will expand existing rules;

(7) the proposed rule changes will not change the number of individuals subject to the rules; and

(8) The rule changes are unlikely to have a significant impact on the state's economy. Although these changes are likely to have neutral impact on the state's economy, the Institute lacks sufficient data to predict the impact with certainty.

Submit written comments on the proposed rule changes 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 2, 2018. The Institute asks parties filing comments to indicate whether they support the rule revisions proposed by the Institute and, if a change is requested, to provide specific text proposed to be included in the rule. Comments may be submitted electronically to kdoyle@cprit.texas.gov. Comments may be submitted by facsimile transmission to (512) 475-2563.

Statutory Authority

The Institute proposes the rule changes under the authority of the Texas Health and Safety Code Annotated, §102.108, which provides the Institute with broad rule-making authority to administer the chapter. Ms. Doyle has reviewed the proposed amendment, and certifies the proposal to be within the Institute's authority to adopt.

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