87(R) SB 74 - Introduced version - Bill Text

	87R2060 MCF-F
	By:  Miles	S.B.  No.  74

	A BILL TO BE ENTITLED
	AN ACT
	relating to the contract terms of certain grants awarded by the
	Cancer Prevention and Research Institute of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 102.255(d), Health and Safety Code, is
	amended to read as follows:
	(d)    Before the oversight committee may award [make] for
	cancer research any grant from the [of any] proceeds of the bonds
	issued under Subchapter E, the recipient of the grant must certify
	that the recipient has an amount of funds equal to one-half of the
	grant amount and dedicate those funds to the research that is the
	subject of the grant request. The institute shall adopt rules
	specifying how a grant recipient fulfills obligations under this
	subchapter. At a minimum, the rules must:
	(1)    allow a grant recipient that is an institution of
	higher education [a public] or a private or independent institution
	of higher education, as those terms are defined by Section 61.003,
	Education Code, or a research institute or center affiliated with
	the institution, to credit toward the recipient's matching funds
	the dollar amount equivalent to the difference between the indirect
	cost rate authorized by the federal government for research grants
	awarded to the recipient and the indirect cost rate authorized by
	Section 102.203(c);
	(2)    require that a grant recipient certify before the
	distribution of any money awarded under a grant for cancer
	research:
	(A)    that encumbered funds equal to one-half of
	the amount of the total grant award are available and not yet
	expended for research that is the subject of the grant; or
	(B)    if the grant recipient is an institution of
	higher education [a public] or a private or independent  institution
	of higher education, as those terms are defined by Section 61.003,
	Education Code, or a research institute or center affiliated with
	the institution,  the indirect cost rate authorized by the federal
	research grants awarded to the recipient;
	(3)    specify that:
	(A)    a grant recipient receiving more than one
	grant award may provide matching funds certification at an
	institutional level;
	(B)    the recipient of a multiyear grant award may
	certify matching funds on a yearly basis; and
	(C)    grant funds may not be distributed to the
	grant recipient until the annual certification of the matching
	funds has been approved;
	(4)    specify that money used for purposes of
	certification may include:
	(A)    federal funds, including funds provided
	under the American Recovery and Reinvestment Act of 2009 (Pub. L.
	No.  111-5) and the fair market value of drug development support
	provided to the recipient by the National Cancer Institute or other
	similar programs;
	(B)    funds of this state;
	(C)    funds of other states; and
	(D)    nongovernmental funds, including private
	funds, foundation grants, gifts, and donations;
	(5)    specify that the following items do not qualify
	for purposes of the certification required by this subsection:
	(A)    in-kind costs;
	(B)    volunteer services furnished to a grant
	recipient;
	(C)    noncash contributions;
	(D)    income earned by the grant recipient that is
	not available at the time of the award;
	(E)    preexisting real estate of the grant
	recipient, including buildings, facilities, and land;
	(F)    deferred giving, including a charitable
	remainder annuity trust, a charitable remainder unitrust, or a
	pooled income fund; or
	(G)    other items as may be determined by the
	oversight committee;
	(6)    require a grant recipient and the institute to
	include the certification in the grant award contract;
	(7)    specify that a grant recipient's failure to