By: Parker H.B. No. 3721       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the Cancer Prevention and Research   Institute of Texas to administer the Texas Cancer Clinical Trials   Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a) This Act shall be known as the Improve   Patient Access to Cancer Clinical Trials Act.          (b)  The legislature finds that:                (1)  the ability to translate medical findings from   research to practice relies largely on having robust patient   participation and a diverse participation pool during cancer   clinical trials;                (2)  diverse patient participation in cancer clinical   trial depends, in part, on whether a participant can afford   ancillary costs like transportation and lodging during the course   of the patient's participation;                (3)  there are significant health disparities that   exist among socioeconomic, racial, ethnic, and regional groups in   Texas; and                (4)  this disparity threatens one of the most basic   ethical underpinnings of clinical research, the requirements that   the benefits of research be made available equitably among all   eligible individuals.          (c)  It is the intent of the legislature to:                (1)  establish a program in the state that encourages   greater patient access to cancer clinical trials;                (2)  assist patients facing financial barriers that   inhibit their participation in cancer clinical trials, or assist   patients who have been identified as priorities for health services   to participate in cancer clinical trials by reimbursing direct   patient incurred expenses; and                (3)  ensure these trials are widely accessible, improve   the development of therapies, and enhance innovation.          SECTION 2.  Chapter 102.051, Health and Safety Code, is   amended to read as follows:          Sec. 102.051.  POWERS AND DUTIES. (a) The institute:                (1)  may make grants to provide funds to public or   private persons to implement the Texas Cancer Plan, and may make   grants to institutions of learning and to advanced medical research   facilities and collaborations in this state for:                      (A)  research into the causes of and cures for all   types of cancer in humans;                      (B)  facilities for use in research into the   causes of and cures for cancer;                      (C)  research, including translational research,   to develop therapies, protocols, medical pharmaceuticals, or   procedures for the cure or substantial mitigation of all types of   cancer in humans; and                      (D)  cancer prevention and control programs in   this state to mitigate the incidence of all types of cancer in   humans; and                      (E)  programs to encourage access to and   participation in clinical trials and associated research and   community outreach.                  (2)  may support institutions of learning and advanced   medical research facilities and collaborations in this state in all   stages in the process of finding the causes of all types of cancer   in humans and developing cures, from laboratory research to   clinical trials and including programs to address the problem of   access to advanced cancer treatment;                (3)  may establish the appropriate standards and   oversight bodies to ensure the proper use of funds authorized under   this chapter for cancer research and facilities development;                (4)  may employ necessary staff to provide   administrative support;                (5)  shall continuously monitor contracts and   agreements authorized by this chapter and ensure that each grant   recipient complies with the terms and conditions of the grant   contract;                (6)  shall ensure that all grant proposals comply with   this chapter and rules adopted under this chapter before the   proposals are submitted to the oversight committee for approval;   and                (7)  shall establish procedures to document that the   institute, its employees, and its committee members appointed under   this chapter comply with all laws and rules governing the peer   review process and conflicts of interest.          (b)  The institute shall work to implement the Texas Cancer   Plan and continually monitor and revise the Texas Cancer Plan as   necessary.          (c)  The institute shall employ a chief compliance officer to   monitor and report to the oversight committee regarding compliance   with this chapter and rules adopted under this chapter.          (d)  The chief compliance officer shall:                (1)  ensure that all grant proposals comply with this   chapter and rules adopted under this chapter before the proposals   are submitted to the oversight committee for approval; and                (2)  attend and observe the meetings of the program   integration committee to ensure compliance with this chapter and   rules adopted under this chapter.          SECTION 3.  Chapter 102.155, Health and Safety Code, is   amended to read as follows:          Sec. 102.155.  AD HOC ADVISORY COMMITTEE. (a) The oversight   committee shall create an ad hoc committees of experts to address   issues including childhood cancers and access to clinical trials.   The oversight committee, as necessary, may create additional ad hoc   committees of experts to advise the oversight committee on issues   relating to cancer.          (b)  Ad hoc committee members shall serve for a period   determined by the oversight committee.          SECTION 4.  Chapter 102.203, Health and Safety Code, is   amended to read as follows:          Sec. 102.203.  AUTHORIZED USE OF FUNDS. (a) A person   awarded money from the cancer prevention and research fund or from   bond proceeds under this subchapter may use the money for research   consistent with the purpose of this chapter and in accordance with a   contract between the person and the institute.          (b)  Except as otherwise provided by this section, money   awarded under this subchapter may be used for authorized expenses,   including honoraria, salaries and benefits, travel, conference   fees and expenses, consumable supplies, other operating expenses,   contracted research and development, capital equipment, and   construction or renovation of state or private facilities, and   financial assistance for costs related to participation in   clinical trials such as transportation and lodging.          (c)  A person receiving money under this subchapter for   cancer research may not spend more than five percent of the money   for indirect costs. For purposes of this subsection, "indirect   costs" means the expenses of doing business that are not readily   identified with a particular grant, contract, project, function, or   activity, but are necessary for the general operation of the   organization or the performance of the organization's activities.          (d)  Not more than five percent of the money awarded under   this subchapter may be used for facility purchase, construction,   remodel, or renovation purposes during any year. Expenditures of   money awarded under this subchapter for facility purchase,   construction, remodel, or renovation projects must benefit cancer   prevention and research.          (e)  Not more than 10 percent of the money awarded under this   subchapter may be used for cancer prevention and control programs   during any year.          SECTION 5.  This Act takes effect September 1, 2017.