HBA-ALS H.B. 3508 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3508 By: Marchant State Affairs 4/27/1999 Introduced BACKGROUND AND PURPOSE Every year, between 7,600 and 10,000 Americans sustain spinal cord injuries which typically result in paralysis. The purpose of this bill is to help fund research to find a cure for spinal cord paralysis. H.B. 3508 creates the Texas Commission on Spinal Cord Research to review and approve proposed research projects; apportion funds to qualifying research institutions to finance approved research projects and necessary institutional support services; ensure that funds apportioned to approved research projects are not diverted to any other use; encourage the development of spinal cord research projects; and compile a directory of all spinal cord research projects being conducted in the state RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Commission on Spinal Cord Research in SECTION 1 (Section 110.101, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle E, Title 2, Health and Safety Code, by adding Chapter 110, as follows: CHAPTER 110. TEXAS COMMISSION ON SPINAL CORD RESEARCH SUBCHAPTER A. GENERAL PROVISIONS Sec. 110.001. DEFINITIONS. Defines "approved research project," "commission," "institutional support services," and "qualifying research institution." Sec. 110.002. APPLICATION OF CHAPTER. Provides that this chapter does not prevent a qualifying research institution or other research facility from applying directly for and receiving funds from any public or private agency to conduct spinal cord research. Sec. 110.003. SUNSET PROVISION. Provides that the Texas Commission on Spinal Cord Research (commission) is subject to Chapter 325 (Texas Sunset Act) and the council is abolished September 1, 2011, unless continued in existence as provided by that chapter. SUBCHAPTER B. TEXAS COMMISSION ON SPINAL CORD RESEARCH Sec. 110.051. COMMISSION. (a) Provides that the commission is a state agency. (b) Provides that the commission is composed of nine members of the general public that have knowledge of or competence, experience, or interest in medical research, at least one of whom is a person with a spinal cord injury. (c) Provides that the members of the commission are appointed by the governor with the advice and consent of the senate for staggered terms of six years, with three members' terms expiring February 1 of each odd-numbered year. (d) Requires the commissioner of health to serve as a nonvoting member of the commission. (e) Requires appointments to the commission to be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Sec. 110.052. VACANCY. Provides that a vacancy on the commission is filled for the unexpired term in the same manner as the original appointments. Sec. 110.053. PRESIDING OFFICER. (a) Requires commission members to elect annually a presiding officer and an assistant presiding officer of the commission from among its members. (b) Requires the presiding officer to preside at all meetings of the commission and to perform other duties that the commission may prescribe. Sec. 110.054. EXECUTIVE DIRECTOR; PERSONNEL. (a) Authorizes the commission to employ an executive director to serve at the will of the commission. (b) Requires the executive director to serve as secretary to the commission. (c) Authorizes the commission to employ other personnel necessary for the performance of the commission's functions. Sec. 110.055. COMPENSATION. (a) Prohibits a member of the commission from receiving compensation for service on the commission. (b) Entitles a member to receive reimbursement for the actual and necessary expenses incurred in performing services as a member of the commission, subject to any applicable limitation under the General Appropriations Act. SUBCHAPTER C. POWERS AND DUTIES Sec. 110.101. POWERS AND DUTIES. (a) Requires the commission to review and approve proposed research projects; apportion funds to qualifying research institutions to finance approved research projects and necessary institutional support services; ensure that funds apportioned to approved research projects are not diverted to any other use; encourage the development of spinal cord research projects; and compile a directory of all spinal cord research projects being conducted in the state. (b) Authorizes the commission to establish an independent scientific advisory panel composed of scientists and clinicians who are not members of the commission to review proposals submitted to the commission and make funding recommendations to the commission; adopt rules to administer this chapter, including rules related to the operation of the commission and the functions and responsibilities of its officers and employees; maintain an office; design a fair and equitable system for the solicitation, evaluation, and approval of proposals for spinal cord research projects; and enter into a contract with any person necessary or convenient to enable the commission to perform its powers and duties under this chapter. Sec. 110.102. GIFTS AND GRANTS. (a) Authorizes the commission to accept gifts, grants, and donations from any source for the purposes of this chapter. (b) Requires the commission to accept the gifts on behalf of the commission and deposit any funds accepted under this section to the credit of the spinal cord research account in the general revenue fund. Sec. 110.103. ACCOUNT. Provides that the spinal cord research account is an account in the general revenue fund. Establishes that the account consists of gifts and grants received under Section 110.102. Authorizes money in the account to be used by the commission for the purpose of administering the program provided by this chapter. Exempts the fund from the application of Section 403.095, Government Code (Use of Dedicated Revenue). Sec. 110.104. REPORT. Requires the commission to file a report with the governor and the presiding officer of each house of the legislature describing the status of the commission's activities and the results of its funded research efforts, no later than January 30 of each odd-numbered year. Sec. 110.105. REGISTRY. Requires the commission to establish and maintain, in conjunction with the Texas Department of Health, a central registry of persons who sustain spinal cord injuries other than through disease whether or not the injury results in a permanent disability to provide a database indicating the incidence and prevalence of spinal cord injuries and that serves as a resource for research, evaluation, and information on spinal cord injuries and available services. SECTION 2.(a) Effective date: September 1, 1999. (b) Requires the governor to appoint the initial members of the Texas Commission on Spinal Cord Research in accordance with Chapter 110, Health and Safety Code, as added by this Act. Requires the governor to appoint three members for terms expiring February 1, 2001, three members for terms expiring February 1, 2003, and three members for terms expiring February 1, 2005. SECTION 3.Emergency clause. Effective date: upon adjournment.