HB 5

By: Craddick
  H.B. No. 5
  A BILL TO BE ENTITLED
  AN ACT
  relating to the creation of the Dementia Prevention and Research
  Institute of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 101A to read as follows:
  CHAPTER 101A.  DEMENTIA PREVENTION AND RESEARCH INSTITUTE OF TEXAS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 101A.001.  DEFINITIONS.  In this chapter:
               (1)  "Institute" means the Dementia Prevention and
  Research Institute of Texas.
               (2)  "Oversight committee" means the Dementia
  Prevention and Research Institute of Texas Oversight Committee.
               (3)  "Peer review committee" means the Dementia
  Prevention and Research Institute of Texas Peer Review Committee.
               (4)  "Program integration committee" means the
  Dementia Prevention and Research Institute of Texas Program
  Integration Committee.
         Sec. 101A.002.  PURPOSES.  The Dementia Prevention and
  Research Institute of Texas is established to:
               (1)  create and expedite innovation in research on
  dementia and related disorders to improve the health of residents
  of this state, enhance the potential for a medical or scientific
  breakthrough in research on dementia and related disorders, and
  enhance the research superiority of this state regarding dementia
  and related disorders; and
               (2)  attract, create, or expand research capabilities
  of eligible institutions of higher education and other public or
  private entities by awarding grants to promote a substantial
  increase in research on dementia and related disorders, strategies
  for prevention of dementia and related disorders, and the creation
  of exceptional jobs in this state.
         Sec. 101A.003.  SUNSET PROVISION.  The Dementia Prevention
  and Research Institute of Texas is subject to Chapter 325,
  Government Code (Texas Sunset Act).  Unless continued in existence
  as provided by that chapter, the institute is abolished and this
  chapter expires September 1, 2035.
         Sec. 101A.004.  STATE AUDITOR.  Nothing in this chapter
  limits the authority of the state auditor under Chapter 321,
  Government Code, or other law.
  SUBCHAPTER B.  POWERS AND DUTIES OF INSTITUTE
         Sec. 101A.051.  POWERS AND DUTIES.  The institute:
               (1)  may award grants to institutions of learning,
  advanced medical research facilities, public or private persons,
  and collaboratives in this state to further the purposes of this
  chapter and Section 68, Article III, Texas Constitution, including:
                     (A)  research, including translational and
  clinical research, into the causes of, means of prevention of, and
  treatment and rehabilitation for dementia and related disorders;
                     (B)  research, including translational research,
  to develop therapies, protocols, medical pharmaceuticals, or
  procedures for the substantial mitigation of the symptoms of
  dementia and related disorders;
                     (C)  facilities, equipment, and other costs
  related to research on dementia and related disorders; and
                     (D)  prevention programs and strategies to
  mitigate the detrimental health impacts of dementia and related
  disorders;
               (2)  may collaborate with relevant state agencies,
  coordinating councils, and consortiums to enhance health care and
  research for dementia and related disorders;
               (3)  shall establish the appropriate standards and
  oversight bodies to ensure money authorized under this chapter is
  properly used for the purposes of this chapter;
               (4)  may employ necessary staff to provide to the
  institute administrative support;
               (5)  may contract with another state agency to share
  the cost of administrative services, including grant accounting,
  grant monitoring, technical and document management of the grant
  application review process, legal services, and compliance
  services;
               (6)  shall monitor grant contracts authorized by this
  chapter and ensure each grant recipient complies with the terms and
  conditions of the contract;
               (7)  shall ensure 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
               (8)  shall establish procedures to document compliance
  by the institute, institute employees, and institute committee
  members with all laws and rules governing the peer review process
  and conflicts of interest.
         Sec. 101A.052.  CHIEF EXECUTIVE OFFICER; CHIEF COMPLIANCE
  OFFICER; ADDITIONAL OFFICERS.  (a)  The oversight committee shall
  hire a chief executive officer.  The chief executive officer shall
  perform the duties required by this chapter and the duties
  designated by the oversight committee.  The chief executive officer
  must have a demonstrated ability to lead and develop academic,
  commercial, and governmental partnerships and coalitions.
         (b)  The institute shall employ a chief compliance officer to
  monitor compliance with this chapter and rules adopted under this
  chapter and to report to the oversight committee incidents of
  noncompliance.
         (c)  The chief executive officer may hire any other officer
  position the chief executive officer determines necessary for the
  institute's efficient operation.
         Sec. 101A.053.  ANNUAL PUBLIC REPORT; INTERNET POSTING.  Not
  later than January 31 of each year, the institute shall prepare and
  submit to the governor, lieutenant governor, speaker of the house
  of representatives, and standing committee of each house of the
  legislature with primary jurisdiction over institute matters and
  post on the institute's Internet website a report on:
               (1)  the institute's activities under this chapter;
               (2)  a list of recipients of grants awarded during the
  preceding state fiscal year and the grant amount awarded to each
  recipient;
               (3)  any research accomplishments a grant recipient or
  the recipient's partners achieved during the preceding state fiscal
  year;
               (4)  an overview summary of the institute's most recent
  audited financial statement;
               (5)  an assessment of the relationship between the
  institute's grants and research program strategy;
               (6)  an estimate of the financial cost to this state of
  dementia and related disorders during the most recent state fiscal
  year for which data is available;
               (7)  a statement of the institute's compliance program
  activities, including any proposed legislation or other
  recommendations identified through the activities;
               (8)  for the preceding state fiscal year:
                     (A)  a list of any conflict of interest requiring
  recusal under this chapter or rules adopted under this chapter;
                     (B)  any unreported conflict of interest
  confirmed by an investigation conducted under Section 101A.254,
  including any institute actions regarding an unreported conflict of
  interest and subsequent investigation; and
                     (C)  any waivers granted through the process
  established under Section 101A.253; and
               (9)  the institute's future direction.
         Sec. 101A.054.  INDEPENDENT FINANCIAL AUDIT.  (a)  The
  institute shall annually commission a certified public accounting
  firm to perform an independent financial audit of its activities.
  The institute shall provide the audit to the comptroller.
         (b)  The comptroller shall:
               (1)  review and evaluate the audit and annually issue a
  public report of that review; and
               (2)  make recommendations concerning the institute's
  financial practices and performance.
         (c)  The oversight committee shall review the annual
  financial audit, the comptroller's public report and
  recommendations, and the financial practices of the institute.
         Sec. 101A.055.  GRANT RECORDS; AUDIT OF ELECTRONIC GRANT
  MANAGEMENT SYSTEM.  (a)  The institute shall maintain complete
  records of:
               (1)  each grant application submitted to the institute,
  including each application funded by the institute or withdrawn
  after submission and the score the peer review committee assigns to
  each reviewed application in accordance with rules adopted under
  Section 101A.302;
               (2)  each grant recipient's financial reports,
  including the amount of matching money dedicated to the research
  specified for the grant award;
               (3)  each grant recipient's progress reports;
               (4)  the identity of each principal investor and owner
  of each grant recipient as provided by institute rules to determine
  any conflict of interest; and
               (5)  the institute's review of the grant recipient's
  financial reports and progress reports.
         (b)  The institute shall keep each record described by
  Subsection (a) until at least the 15th anniversary of the record's
  date of issuance.
         (c)  The institute shall have prepared periodic audits of any
  electronic grant management system used to maintain records of
  grant applications and grant awards.  The institute shall timely
  address each weakness identified in an audit of the system.
         Sec. 101A.056.  GIFTS AND GRANTS.  (a)  The institute may
  solicit and accept gifts and grants from any source for the purposes
  of this chapter.
         (b)  The institute may not supplement the salary of any
  institute employee or officer with a gift or grant the institute
  receives.
         Sec. 101A.057.  PROHIBITED OFFICE LOCATION.  An institute
  employee may not have an office located in a facility owned by an
  entity receiving or applying to receive money from the institute.
         Sec. 101A.058.  COMPLIANCE PROGRAM; INVESTIGATIONS.  (a)
  The institute shall establish a compliance program operating under
  the direction of the institute's chief compliance officer to
  monitor compliance with this chapter and rules adopted under this
  chapter and for use in reporting incidents of noncompliance to the
  oversight committee.
         (b)  The chief compliance officer or the officer's designee
  shall attend and observe meetings of the peer review committee and
  the program integration committee to ensure compliance with this
  chapter and rules adopted under this chapter.
         (c)  The chief compliance officer shall submit a written
  report to the oversight committee confirming each grant application
  recommendation included on the list the program integration
  committee submits under Section 101A.302(a)(2) complies with the
  oversight committee's rules regarding grant award procedures.  The
  report must contain all relevant information on:
               (1)  the peer review process for the grant application;
               (2)  the score the peer review committee assigns to the
  application;
               (3)  adherence to the conflict-of-interest
  notification and recusal process; and
               (4)  confirmation that a recommended grant applicant
  did not make any gift or grant prohibited by Section 101A.302(f).
         (d)  To ensure each grant recipient complies with reporting
  requirements included in the grant contract and the rules adopted
  under this chapter, the institute shall implement a system to:
               (1)  track the dates on which grant recipient reports
  are due and are received by the institute; and
               (2)  monitor the status of any required report a grant
  recipient does not timely submit to the institute.
         (e)  The chief compliance officer shall:
               (1)  monitor compliance with this section and the
  status of any required report a grant recipient does not timely
  submit to the institute; and
               (2)  notify the institute's general counsel and the
  oversight committee of a grant recipient who has not complied with
  the grant contract reporting requirements to allow the institute to
  suspend or terminate the contract as the institute determines
  appropriate.
         (f)  The chief compliance officer shall establish procedures
  for investigating allegations against oversight committee members,
  institute employees or contractors, grant applicants, or grant
  recipients for fraud, waste, or abuse of state resources.  The
  procedures must include:
               (1)  private access to the compliance program office,
  such as a telephone hotline; and
               (2)  to the extent possible, preservation of the
  confidentiality of communications and the anonymity of a person who
  submits a compliance report related to fraud, waste, or abuse or
  participates in a compliance investigation.
  SUBCHAPTER C.  OVERSIGHT COMMITTEE
         Sec. 101A.101.  COMPOSITION OF OVERSIGHT COMMITTEE.  (a)
  The oversight committee is the institute's governing body.
         (b)  The oversight committee is composed of the following
  nine members:
               (1)  three members appointed by the governor;
               (2)  three members appointed by the lieutenant
  governor; and
               (3)  three members appointed by the speaker of the
  house of representatives.
         (c)  The oversight committee members must represent this
  state's geographic and cultural diversity.
         (d)  In making appointments to the oversight committee, the
  governor, lieutenant governor, and speaker of the house of
  representatives:
               (1)  must each appoint at least one person who is a
  physician or a scientist with extensive experience working with
  dementia or related disorders or in the field of public health; and
               (2)  should attempt to include persons affected by
  dementia or related disorders or family members or caregivers of
  patients with dementia or related disorders.
         (e)  A person may not be an oversight committee member if the
  person or the person's spouse:
               (1)  is employed by or participates in the management
  of an entity receiving money from the institute;
               (2)  owns or controls, directly or indirectly, an
  interest in an entity receiving money from the institute; or
               (3)  uses or receives a substantial amount of tangible
  goods, services, or money from the institute, other than
  reimbursement authorized by this chapter for oversight committee
  membership, attendance, or expenses.
         Sec. 101A.102.   REMOVAL.  (a)  It is a ground for removal
  from the oversight committee that a member:
               (1)  is ineligible for membership under Section
  101A.101(e);
               (2)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (3)  is absent from more than half of the regularly
  scheduled oversight committee meetings the member is eligible to
  attend during a calendar year without an excuse approved by a
  majority vote of the committee.
         (b)  The validity of an oversight committee action is not
  affected by the fact that the action is taken when a ground for
  removal of a committee member exists.
         (c)  If the chief executive officer has knowledge that a
  potential ground for removal of a committee member exists, the
  chief executive officer shall notify the presiding officer of the
  oversight committee of the potential ground.  The presiding officer
  shall then notify the appointing authority and the attorney general
  that a potential ground for removal exists.  If the potential ground
  for removal involves the presiding officer, the chief executive
  officer shall notify the next highest ranking officer of the
  oversight committee, who shall then notify the appointing authority
  and the attorney general that a potential ground for removal
  exists.
         Sec. 101A.103.  TERMS; VACANCY.  (a)  Oversight committee
  members appointed by the governor, lieutenant governor, and speaker
  of the house serve at the pleasure of the appointing authority for
  staggered six-year terms, with the terms of three members expiring
  on January 31 of each odd-numbered year.
         (b)  If a vacancy occurs on the oversight committee, the
  appropriate appointing authority shall appoint a successor in the
  same manner as the original appointment to serve for the remainder
  of the unexpired term.  The appropriate appointing authority shall
  appoint the successor not later than the 30th day after the date the
  vacancy occurs.
         Sec. 101A.104.  OFFICERS.  (a)  The oversight committee
  shall elect a presiding officer and assistant presiding officer
  from among its members every two years.  The oversight committee may
  elect additional officers from among its members.
         (b)  The presiding officer and assistant presiding officer
  may not serve in the position to which the officer was elected for
  consecutive terms.
         (c)  The oversight committee shall:
               (1)  establish and approve duties and responsibilities
  for committee officers; and
               (2)  develop and implement policies that distinguish
  the responsibilities of the oversight committee and the committee's
  officers from the responsibilities of the chief executive officer
  and institute employees.
         Sec. 101A.105.  EXPENSES.  An oversight committee member is
  not entitled to compensation but is entitled to reimbursement for
  actual and necessary expenses incurred in attending committee
  meetings or performing other official duties authorized by the
  presiding officer.
         Sec. 101A.106.  MEETINGS.  (a)  The oversight committee
  shall hold at least one public meeting each quarter of the calendar
  year, with appropriate notice and a formal public comment period.
         (b)  The oversight committee may conduct a closed meeting in
  accordance with Subchapter E, Chapter 551, Government Code, to
  discuss issues related to:
               (1)  managing, acquiring, or selling securities or
  other revenue-sharing obligations realized under the standards
  established as required by Section 101A.305; and
               (2)  an ongoing compliance investigation into issues
  related to fraud, waste, or abuse of state resources.
         Sec. 101A.107.  POWERS AND DUTIES.  (a)  The oversight
  committee shall:
               (1)  hire a chief executive officer;
               (2)  annually set priorities for each grant program
  established under this chapter; and
               (3)  consider the priorities set under Subdivision (2)
  in awarding grants under this chapter.
         (b)  The oversight committee shall adopt a code of conduct
  applicable to each oversight committee member, program integration
  committee member, peer review committee member, and institute
  employee that includes provisions prohibiting the member,
  employee, or member's or employee's spouse from:
               (1)  accepting or soliciting any gift, favor, or
  service that could reasonably influence the member or employee in
  the discharge of official duties or that the member, employee, or
  spouse knows or should know is being offered with the intent to
  influence the member's or employee's official conduct;
               (2)  accepting employment or engaging in any business
  or professional activity that would reasonably require or induce
  the member or employee to disclose confidential information
  acquired in the member's or employee's official position;
               (3)  accepting other employment or compensation that
  could reasonably impair the member's or employee's independent
  judgment in the performance of official duties;
               (4)  holding a personal investment or financial
  interest that could reasonably create a substantial conflict
  between the private interests and official duties of the member or
  employee;
               (5)  intentionally or knowingly soliciting, accepting,
  or agreeing to accept any benefit for exercising the member's
  official powers or performing the member's or employee's official
  duties in favor of another;
               (6)  directly or indirectly leasing to an entity that
  receives a grant from the institute any property, capital
  equipment, employee, or service;
               (7)  submitting a grant application for funding by the
  institute;
               (8)  serving on the board of directors of an
  organization established with a grant from the institute; or
               (9)  serving on the board of directors of a grant
  recipient.
         Sec. 101A.108.  RULEMAKING AUTHORITY.  The oversight
  committee may adopt rules to administer this chapter.
         Sec. 101A.109.  FINANCIAL STATEMENT REQUIRED.  Each
  oversight committee member shall file with the chief compliance
  officer a verified financial statement complying with Sections
  572.022, 572.023, 572.024, 572.025, 572.0251, and 572.0252,
  Government Code, as required of a state officer by Section 572.021
  of that code.
  SUBCHAPTER D.  OTHER INSTITUTE COMMITTEES
         Sec. 101A.151.  PEER REVIEW COMMITTEE.  (a)  The oversight
  committee shall establish a peer review committee.  The chief
  executive officer, with approval by a simple majority of the
  oversight committee members, shall appoint as members to the peer
  review committee:
               (1)  experts in fields related to dementia or related
  disorders, including research, health care, dementia treatment and
  prevention, and other study areas; and
               (2)  trained patient advocates who meet the
  qualifications adopted under Subsection (c).
         (b)  The oversight committee shall adopt a written policy on
  in-state or out-of-state residency requirements for peer review
  committee members.
         (c)  The oversight committee shall adopt rules regarding the
  qualifications required of a trained patient advocate for
  membership on the peer review committee.  The rules must require the
  trained patient advocate to successfully complete science-based
  training.
         (d)  A peer review committee member may receive an
  honorarium.  Subchapter B, Chapter 2254, Government Code, does not
  apply to an honorarium the member receives under this chapter.
         (e)  The chief executive officer, in consultation with the
  oversight committee, shall adopt a policy regarding honoraria and
  document any change in the amount of honoraria paid to a peer review
  committee member, including information explaining the basis for
  that change.
         (f)  A peer review committee member may not serve on the
  board of directors or other governing board of an entity receiving a
  grant from the institute.
         (g)  Peer review committee members serve for terms as
  determined by the chief executive officer.
         Sec. 101A.152.  PROGRAM INTEGRATION COMMITTEE.  (a)  The
  institute shall establish a program integration committee to carry
  out the duties assigned under this chapter.
         (b)  The program integration committee is composed of:
               (1)  the chief executive officer, who serves as the
  presiding officer of the program integration committee;
               (2)  three senior-level institute employees
  responsible for program policy and oversight, appointed by the
  chief executive officer with the approval of a majority of the
  oversight committee members; and
               (3)  the executive commissioner or the executive
  commissioner's designee.
         Sec. 101A.153.  HIGHER EDUCATION ADVISORY COMMITTEE.  (a)
  The higher education advisory committee is composed of the
  following members:
               (1)  one member appointed by the chancellor of The
  University of Texas System;
               (2)  one member appointed by the chancellor of The
  Texas A&M University System;
               (3)  one member appointed by the chancellor of the
  Texas Tech University System;
               (4)  one member appointed by the chancellor of the
  University of Houston System;
               (5)  one member appointed by the chancellor of the
  Texas State University System;
               (6)  one member appointed by the chancellor of the
  University of North Texas System;
               (7)  one member appointed by the president of Baylor
  College of Medicine; and
               (8)  one member appointed by the president of Rice
  University.
         (b)  The higher education advisory committee shall advise
  the oversight committee on issues, opportunities, the role of
  higher education, and other subjects involving research on dementia
  and related disorders.
         Sec. 101A.154.  AD HOC ADVISORY COMMITTEE.  (a)  The
  oversight committee, as necessary, may create additional ad hoc
  advisory committees composed of experts to advise the oversight
  committee on issues relating to prevention of or research on
  dementia and related disorders or other issues related to dementia
  or related disorders.
         (b)  Ad hoc committee members serve for the terms the
  oversight committee determines.
         Sec. 101A.155.  EXPENSES.  Members of the higher education
  advisory committee created under Section 101A.153 or an ad hoc
  advisory committee created under Section 101A.154 serve without
  compensation but are entitled to reimbursement for actual and
  necessary expenses incurred in attending committee meetings or
  performing other official duties authorized by the presiding
  officer.
  SUBCHAPTER E.  DEMENTIA PREVENTION AND RESEARCH FUND
         Sec. 101A.201.  DEMENTIA PREVENTION AND RESEARCH FUND.  (a)
  In this subchapter, "fund" means the Dementia Prevention and
  Research Fund established under Section 68, Article III, Texas
  Constitution.  The fund is a special fund in the treasury outside
  the general revenue fund to be administered by the institute.  The
  institute may use money in the fund as authorized by this chapter
  without further legislative appropriation.
         (b)  The fund consists of:
               (1)  money transferred to the fund under Section 68,
  Article III, Texas Constitution;
               (2)  money the legislature appropriates, credits, or
  transfers to the fund;
               (3)  gifts and grants, including grants from the
  federal government, and other donations received for the fund;
               (4)  patent, royalty, and license fees and other income
  received under a contract executed as provided by Section 101A.304;
  and
               (5)  investment earnings and interest earned on amounts
  credited to the fund.
         (c)  The fund may only be used for the purposes authorized
  under Section 68, Article III, Texas Constitution, including:
               (1)  the award of grants for research on or prevention
  of dementia and related disorders and research facilities in this
  state to conduct that research;
               (2)  the purchase of, subject to the institute's
  approval, research facilities by or for a state agency or grant
  recipient; and
               (3)  the operation of the institute.
         Sec. 101A.202.  ROLE OF TEXAS TREASURY SAFEKEEPING TRUST
  COMPANY.  (a)  In this section, "trust company" means the Texas
  Treasury Safekeeping Trust Company.
         (b)  The trust company shall invest the fund in accordance
  with this section.
         (c)  The trust company shall hold and invest the fund, and
  any accounts established in the fund, for the institute taking into
  consideration the authorized uses of money in the fund.  The fund
  may be invested with the state treasury pool and may be pooled with
  other state assets for investment purposes.
         (d)  The overall objective for the investment of the fund is
  to maintain sufficient liquidity to meet the needs of the fund while
  striving to preserve the purchasing power of the fund over a full
  economic cycle.
         (e)  The trust company has any power necessary to accomplish
  the purposes of managing and investing the fund's assets.  In
  managing the fund's assets, through procedures and subject to
  restrictions the trust company considers appropriate, the trust
  company may acquire, exchange, sell, supervise, manage, or retain
  any kind of investment that a prudent investor, exercising
  reasonable care, skill, and caution, would acquire or retain in
  light of the purposes, terms, distribution requirements, and other
  circumstances of the fund then prevailing, taking into
  consideration the investment of all the fund's assets rather than a
  single investment.
         (f)  The expenses of managing the fund shall be paid from the
  fund.
         (g)  The trust company annually shall provide to the
  institute and the oversight committee a written report on the
  investments of the fund.
         (h)  The trust company shall adopt an appropriate written
  investment policy for the fund.  The trust company shall present the
  investment policy to the investment advisory board established
  under Section 404.028, Government Code.  The investment advisory
  board shall submit to the trust company recommendations regarding
  the policy.
         (i)  The institute annually shall provide to the trust
  company a forecast of the cash flows into and out of the fund.  The
  institute shall provide updates to the forecasts as appropriate to
  ensure the trust company is able to achieve the objective specified
  by Subsection (d).
         (j)  The trust company shall disburse money from the fund as
  the institute directs.  The institute shall direct disbursements
  from the fund on a semiannual schedule specified by the institute
  and not more frequently than twice in any state fiscal year.
         Sec. 101A.203.  AUTHORIZED USE OF GRANT MONEY; LIMITATIONS.
  (a)  A grant recipient awarded money from the fund may use the money
  for research consistent with the purposes of this chapter and in
  accordance with a contract between the grant recipient and the
  institute.
         (b)  Except as otherwise provided by this section, grant
  money awarded under this chapter may be used for authorized
  expenses, including:
               (1)  honoraria;
               (2)  travel;
               (3)  conference fees and expenses;
               (4)  consumable supplies;
               (5)  operating expenses;
               (6)  contracted research and development;
               (7)  capital equipment; and
               (8)  construction or renovation of state or private
  facilities.
         (c)  A grant recipient awarded money under this chapter for
  research on dementia or related disorders may not spend more than
  five percent of the money for indirect costs.  In this subsection,
  "indirect costs" means business expenses not readily identified
  with a particular grant, contract, project, function, or activity
  that 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 total amount of grant
  money awarded under this chapter in a state fiscal year may be used
  during that year for facility purchase, construction, remodel, or
  renovation purposes, and those expenditures must benefit research
  on dementia or related disorders.
         (e)  Not more than 10 percent of the total amount of grant
  money awarded under this chapter in a state fiscal year may be used
  during that year for prevention projects and strategies to mitigate
  the incidence of dementia or related disorders.
  SUBCHAPTER F.  CONFLICTS OF INTEREST:  DISCLOSURE; RECUSAL
         Sec. 101A.251.  CONFLICT OF INTEREST.  (a)  The oversight
  committee shall adopt conflict-of-interest rules, based on
  standards applicable to members of scientific review committees of
  the National Institutes of Health, to govern oversight committee
  members, program integration committee members, peer review
  committee members, and institute employees.
         (b)  An oversight committee member, program integration
  committee member, peer review committee member, or institute
  employee shall recuse the member or employee, as provided by
  Section 101A.252(a), (b), or (c), as applicable, if the member or
  employee, or a person who is related to the member or employee
  within the second degree of affinity or consanguinity, has a
  professional or financial interest in an entity awarded a grant or
  applying for a grant from the institute.
         (c)  For purposes of Subsection (b), a person has a
  professional interest in an entity awarded a grant or applying for a
  grant from the institute if the person:
               (1)  is a member of the board of directors, another
  governing board, or any committee of the entity, or of a foundation
  or similar organization affiliated with the entity, during the same
  grant cycle;
               (2)  serves as an elected or appointed officer of the
  entity;
               (3)  is an employee of or is negotiating future
  employment with the entity;
               (4)  represents the entity;
               (5)  is a professional associate of a primary member of
  the entity's project team;
               (6)  is, or within the preceding six years has been, a
  student, postdoctoral associate, or part of a laboratory research
  group for a primary member of the entity's project team;
               (7)  is engaged or is actively planning to be engaged in
  collaboration with a primary member of the entity's project team;
  or
               (8)  has long-standing scientific differences or
  disagreements with a primary member of the entity's project team,
  and those differences or disagreements:
                     (A)  are known to the professional community; and
                     (B)  could be perceived as affecting objectivity.
         (d)  For purposes of Subsection (b), a person has a financial
  interest in an entity awarded a grant or applying for a grant from
  the institute if the person:
               (1)  directly or indirectly owns or controls an
  ownership interest, including sharing in profits, proceeds, or
  capital gains, in an entity awarded a grant or applying for a grant
  from the institute; or
               (2)  could reasonably foresee that an action taken by
  the oversight committee, the program integration committee, a peer
  review committee, or the institute could result in a financial
  benefit to the person.
         (e)  Nothing in this chapter limits the oversight
  committee's authority to adopt additional conflict-of-interest
  standards.
         Sec. 101A.252.  DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL.
  (a)  If an oversight committee member or program integration
  committee member has a conflict of interest described by Section
  101A.251 regarding an application before the member for review or
  other action, the member:
               (1)  shall provide written notice to the chief
  executive officer and the presiding officer of the oversight
  committee or the next ranking member of the committee if the
  presiding officer has the conflict of interest;
               (2)  shall disclose the conflict of interest in an open
  meeting of the oversight committee;
               (3)  shall recuse themselves from participating in the
  review, discussion, deliberation, and vote on the application; and
               (4)  may not access information regarding the matter to
  be decided.
         (b)  If a peer review committee member has a conflict of
  interest described by Section 101A.251 regarding an application
  before the member's committee for review or other action, the
  member:
               (1)  shall provide written notice to the chief
  executive officer of the conflict of interest;
               (2)  shall recuse themselves from participating in the
  review, discussion, deliberation, and vote on the application; and
               (3)  may not access information regarding the matter to
  be decided.
         (c)  If an institute employee has a conflict of interest
  described by Section 101A.251 regarding an application before the
  employee for review or other action, the employee:
               (1)  shall provide written notice to the chief
  executive officer of the conflict of interest;
               (2)  shall recuse themselves from participating in the
  review of the application; and
               (3)  may not access information regarding the matter to
  be decided.
         (d)  An oversight committee member, program integration
  committee member, peer review committee member, or institute
  employee with a conflict of interest may seek a waiver as provided
  by Section 101A.253.
         (e)  An oversight committee member, program integration
  committee member, peer review committee member, or institute
  employee who reports a potential conflict of interest or another
  impropriety or self-dealing of the member or employee and who fully
  complies with the recommendations of the institute's general
  counsel and recusal requirements is considered in compliance with
  the conflict-of-interest provisions of this chapter.  The member or
  employee is subject to other applicable laws, rules, requirements,
  and prohibitions.
         (f)  An oversight committee member, program integration
  committee member, peer review committee member, or institute
  employee who intentionally violates this section is subject to
  removal from further participation in the institute's grant review
  process.
         Sec. 101A.253.  EXCEPTIONAL CIRCUMSTANCES REQUIRING
  PARTICIPATION.  The oversight committee shall adopt rules governing
  the waiver of the conflict-of-interest requirements of this chapter
  under exceptional circumstances for an oversight committee member,
  program integration committee member, peer review committee
  member, or institute employee.  The rules must:
               (1)  authorize the chief executive officer or an
  oversight committee member to propose granting a waiver by
  submitting to the oversight committee's presiding officer a written
  statement about the conflict of interest, the exceptional
  circumstance requiring the waiver, and any proposed limitations to
  the waiver;
               (2)  require a proposed waiver to be publicly reported
  at an oversight committee meeting;
               (3)  require a majority vote of the oversight committee
  members present and voting to grant a waiver;
               (4)  require any waiver granted to be included in the
  annual report required by Section 101A.053; and
               (5)  require the institute to retain documentation of
  each waiver granted.
         Sec. 101A.254.  INVESTIGATION OF UNREPORTED CONFLICTS OF
  INTEREST.  (a)  An oversight committee member, program integration
  committee member, peer review committee member, or institute
  employee who becomes aware of an unreported potential conflict of
  interest described by Section 101A.251 shall immediately notify the
  chief executive officer of the potential conflict of interest.  On
  receipt of the notification, the chief executive officer shall
  notify the institute's general counsel and the oversight
  committee's presiding officer, who shall determine the nature and
  extent of any unreported conflict.
         (b)  A grant applicant seeking an investigation regarding
  whether a prohibited conflict of interest was not reported shall
  file a written request with the chief executive officer.  The
  applicant must:
               (1)  include in the request all facts regarding the
  alleged conflict of interest; and
               (2)  submit the request not later than the 30th day
  after the date the chief executive officer presents to the
  oversight committee final funding recommendations for the affected
  grant cycle.
         (c)  On receipt of notification of an alleged conflict of
  interest under Subsection (a) or (b), the institute's general
  counsel shall:
               (1)  investigate the matter; and
               (2)  provide to the chief executive officer and the
  oversight committee's presiding officer an opinion that includes:
                     (A)  a statement of facts;
                     (B)  a determination of whether a conflict of
  interest or another impropriety or self-dealing exists; and
                     (C)  if the opinion provides that a conflict of
  interest or another impropriety or self-dealing exists,
  recommendations for an appropriate course of action.
         (d)  If the conflict of interest, impropriety, or
  self-dealing involves the oversight committee's presiding officer,
  the institute's general counsel shall provide the opinion to the
  next ranking oversight committee member who is not involved with
  the conflict of interest, impropriety, or self-dealing.
         (e)  After receiving the opinion and consulting with the
  oversight committee's presiding officer, the chief executive
  officer shall take action regarding the recusal of the individual
  from any discussion of or access to information related to the
  conflict of interest or other recommended action related to the
  impropriety or self-dealing.  If the alleged conflict of interest,
  impropriety, or self-dealing is held by, or is an act of, the chief
  executive officer, the presiding officer of the oversight committee
  shall take actions regarding the recusal or other action.
         Sec. 101A.255.  FINAL DETERMINATION OF UNREPORTED CONFLICT
  OF INTEREST.  (a)  The chief executive officer or, if applicable,
  the oversight committee's presiding officer shall make a
  determination regarding the existence of an unreported conflict of
  interest described by Section 101A.251 or other impropriety or
  self-dealing.  The determination must specify any actions to be
  taken to address the conflict of interest, impropriety, or
  self-dealing, including:
               (1)  reconsideration of the application; or
               (2)  referral of the application to another peer review
  committee for review.
         (b)  The determination made under Subsection (a) is
  considered final unless three or more oversight committee members
  request that the issue be added to the agenda of the oversight
  committee.
         (c)  The chief executive officer or, if applicable, the
  oversight committee's presiding officer, shall provide to the grant
  applicant requesting the investigation written notice of the final
  determination, including any further actions to be taken.
         (d)  Unless specifically determined by the chief executive
  officer or, if applicable, the presiding officer of the oversight
  committee, or the oversight committee, the validity of an action
  taken on a grant application is not affected by the fact that an
  individual who failed to report a conflict of interest participated
  in the action.
  SUBCHAPTER G.  PROCEDURE FOR AWARDING GRANTS
         Sec. 101A.301.  PEER REVIEW PROCESS FOR GRANT AWARD.  The
  institute shall establish a peer review process to evaluate and
  recommend all grants the oversight committee awards under this
  chapter.
         Sec. 101A.302.  GRANT AWARD RULES AND PROCEDURES.  (a)  The
  oversight committee shall adopt rules regarding the procedure for
  awarding grants to an applicant under this chapter.  The rules must
  require:
               (1)  the peer review committee to score grant
  applications and make recommendations to the program integration
  committee and the oversight committee regarding the award of
  grants, including providing a prioritized list that:
                     (A)  ranks the grant applications in the order the
  peer review committee determines applications should be funded; and
                     (B)  includes information explaining each grant
  applicant's qualification under the peer review committee's
  standards for recommendation; and
               (2)  the program integration committee to submit to the
  oversight committee a list of grant applications the program
  integration committee by majority vote approved for recommendation
  that:
                     (A)  includes documentation on the factors the
  program integration committee considered in making the
  recommendations;
                     (B)  is substantially based on the list submitted
  by the peer review committee under Subdivision (1); and
                     (C)  to the extent possible, gives priority to
  applications with proposals that:
                           (i)  may lead to immediate or long-term
  medical and scientific breakthroughs in the areas of prevention or
  treatment for dementia and related disorders;
                           (ii)  strengthen and enhance fundamental
  scientific research on dementia and related disorders;
                           (iii)  ensure a comprehensive coordinated
  approach to research on dementia and related disorders;
                           (iv)  are interdisciplinary or
  interinstitutional;
                           (v)  align with state priorities and needs,
  including priorities and needs outlined in other state agency
  strategic plans, or that address federal or other major research
  sponsors' priorities in scientific or technological research in the
  fields of dementia and related disorders;
                           (vi)  are matched with money provided by a
  private or nonprofit entity or institution of higher education;
                           (vii)  are collaborative between any
  combination of private and nonprofit entities, public or private
  agencies or institutions in this state, and public or private
  institutions outside this state;
                           (viii)  benefit the residents of this state,
  including a demonstrable economic development benefit to this
  state;
                           (ix)  enhance research superiority at
  institutions of higher education in this state by creating new
  research superiority, attracting existing research superiority
  from institutions outside this state and other research entities,
  or attracting from outside this state additional researchers and
  resources; and
                           (x)  expedite innovation and product
  development, attract private sector entities to stimulate a
  substantial increase in high-quality jobs, and increase higher
  education applied science or technology research capabilities.
         (b)  A peer review committee member may not attempt to use
  the committee member's official position to influence a decision to
  approve or award a grant or contract to the committee member's
  employer.
         (c)  A program integration committee member may not discuss a
  grant applicant recommendation with an oversight committee member
  unless the program integration committee has submitted the list
  required under Subsection (a)(2).
         (d)  Two-thirds of the oversight committee members present
  and voting must vote to approve each grant award recommendation of
  the program integration committee.  If the oversight committee does
  not approve a grant award recommendation of the program integration
  committee, a statement explaining the reasons the recommendation
  was not followed must be included in the minutes of the meeting.
         (e)  The oversight committee may not award more than $300
  million in grants under this chapter in a state fiscal year.
         (f)  The oversight committee may not award a grant to an
  applicant who has made a gift or grant to the institute, an
  oversight committee member, or an institute employee on or after
  January 1, 2026.  This section does not apply to gifts, fees,
  honoraria, or other items also excepted under Section 36.10, Penal
  Code.
         Sec. 101A.303.  MULTIYEAR PROJECTS.  (a)  The oversight
  committee may approve the award of grant money for a multiyear
  project.
         (b)  The oversight committee shall specify the total amount
  of money approved to fund the multiyear project.  For purposes of
  this chapter, the total amount is considered to have been awarded in
  the state fiscal year the peer review committee approved the
  project.  The institute shall disburse only the money to be spent
  during that fiscal year.  The institute shall disburse the
  remaining grant money as the money is needed in each subsequent
  state fiscal year.
         Sec. 101A.304.  CONTRACT TERMS.  (a)  Before disbursing
  grant money awarded under this chapter, the institute shall execute
  a written contract with the grant recipient.  The contract shall:
               (1)  specify that except for awards to state agencies
  or public institutions of higher education, if all or any part of
  the grant amount is used to build a capital improvement:
                     (A)  the state retains a lien or other interest in
  the capital improvement in proportion to the percentage of the
  grant amount used to pay for the capital improvement; and
                     (B)  the grant recipient shall, if the capital
  improvement is sold:
                           (i)  repay to this state the grant money used
  to pay for the capital improvement, with interest at the rate and
  according to the other terms provided by the contract; and
                           (ii)  share with this state a proportionate
  amount of any profit realized from the sale;
               (2)  specify that if the grant recipient has not used
  awarded grant money for the purposes for which the grant was
  intended, the recipient shall repay that grant amount and any
  related interest applicable under the contract to this state at the
  agreed rate and on the agreed terms;
               (3)  specify that if the grant recipient fails to meet
  the terms and conditions of the contract, the institute may
  terminate the contract using the written process prescribed in the
  contract and require the recipient to repay the awarded grant money
  and any related interest applicable under the contract to this
  state at the agreed rate and on the agreed terms;
               (4)  include terms relating to intellectual property
  rights consistent with the standards developed by the oversight
  committee under Section 101A.305;
               (5)  require, in accordance with Subsection (b), the
  grant recipient to dedicate an amount of matching money equal to
  one-half of the amount of the grant awarded and specify the amount
  of matching money to be dedicated;
               (6)  specify the period in which the grant award must be
  spent; and
               (7)  include the specific deliverables of the project
  that is the subject of the grant proposal.
         (b)  Before the institute may disburse grant money, the grant
  recipient must certify the recipient has available an unexpended
  amount of money equal to one-half of the grant amount dedicated to
  the research specified in the grant proposal.  The institute shall
  adopt rules specifying a grant recipient's obligations under this
  chapter.  At a minimum, the rules must:
               (1)  allow an institution of higher education or a
  private or independent institution of higher education, as those
  terms are defined by Section 61.003, Education Code, a research
  institute or center affiliated with the institution, or a
  not-for-profit hospital system, to credit toward the recipient's
  matching money the dollar amount equivalent to the difference
  between the indirect cost rate negotiated by the federal government
  for research grants awarded to the recipient and the indirect cost
  rate authorized by Section 101A.203(c);
               (2)  specify that:
                     (A)  the recipient of more than one grant award
  under this chapter may provide matching money certification at an
  institutional level;
                     (B)  the recipient of a multiyear grant award may
  yearly certify matching money; and
                     (C)  grant money may not be disbursed to the
  recipient until the annual certification of the matching money has
  been approved;
               (3)  specify that money for certification purposes may
  include:
                     (A)  federal money;
                     (B)  the fair market value of drug development
  support provided to the recipient by the National Institutes of
  Health or other similar programs;
                     (C)  this state's money;
                     (D)  other states' money; and
                     (E)  nongovernmental money, including money from
  private sources, foundation grants, gifts, and donations;
               (4)  specify that the following items may not be used
  for certification purposes:
                     (A)  in-kind costs;
                     (B)  volunteer services provided to the
  recipient;
                     (C)  noncash contributions;
                     (D)  the recipient's preexisting real estate,
  including buildings, facilities, and land;
                     (E)  deferred giving, including a charitable
  remainder annuity trust, charitable remainder unitrust, or pooled
  income fund; or
                     (F)  any other items the institute determines;
               (5)  require the recipient's certification to be
  included in the grant award contract;
               (6)  specify that the recipient's failure to provide
  certification serves as grounds for terminating the grant award
  contract;
               (7)  require the recipient to maintain adequate
  documentation supporting the source and use of the money required
  by this subsection and to provide documentation to the institute on
  request; and
               (8)  require the institute to establish a procedure to
  annually review the documentation supporting the source and use of
  money reported in the required certification.
         (c)  The institute shall establish a policy on advance
  payments to grant recipients.
         (d)  The oversight committee shall adopt rules to administer
  this section.
         Sec. 101A.305.  PATENT ROYALTIES AND LICENSE REVENUES PAID
  TO STATE.  (a)  The oversight committee shall establish standards
  requiring all grant awards to be subject to an intellectual
  property agreement that allows this state to collect royalties,
  income, and other benefits, including interest or proceeds
  resulting from securities and equity ownership, realized as a
  result of projects undertaken with grant money awarded under this
  chapter.
         (b)  In determining this state's interest in any
  intellectual property rights, the oversight committee shall
  balance the opportunity of this state to benefit from the patents,
  royalties, licenses, and other benefits that result from basic
  research, therapy development, and clinical trials with the need to
  ensure that essential medical research is not unreasonably hindered
  by the intellectual property agreement and that the agreement does
  not unreasonably remove the incentive of the individual researcher,
  research team, or institution.
         (c)  The oversight committee may authorize the institute to
  execute a contract with one or more qualified third parties for
  assistance with the management, accounting, and disposition of this
  state's interest in securities, equities, royalties, income, and
  other benefits realized from grant money awarded under this
  chapter.  The institute shall implement practices and procedures
  for the management, accounting, and disposition of securities,
  equities, royalties, income, and other benefits the institute
  determines are in this state's best interest.
         Sec. 101A.306.  PREFERENCE FOR TEXAS SUPPLIERS.  In a good
  faith effort to achieve a goal of more than 50 percent of purchases
  from suppliers in this state, the oversight committee shall
  establish standards to ensure grant recipients purchase goods and
  services from suppliers in this state to the extent reasonably
  possible.
         Sec. 101A.307.  HISTORICALLY UNDERUTILIZED BUSINESSES.  The
  oversight committee shall establish standards to ensure grant
  recipients purchase goods and services from historically
  underutilized businesses as defined by Section 2161.001,
  Government Code, and any other applicable state law.
         Sec. 101A.308.  GRANT COMPLIANCE AND PROGRESS EVALUATION.
  (a)  The institute shall require as a condition of a grant awarded
  under this chapter that the grant recipient submit to regular
  inspection reviews of the grant project by institute employees to
  ensure compliance with the terms of the grant contract and ongoing
  progress, including the scientific merit of the research.
         (b)  The chief executive officer shall report at least
  annually to the oversight committee on the progress and continued
  merit of the projects awarded grants by the institute.
         Sec. 101A.309.  MEDICAL AND RESEARCH ETHICS.  A project
  awarded a grant under this chapter must comply with all applicable
  federal and state laws regarding the conduct of the research or a
  prevention project.
         Sec. 101A.310.  PUBLIC INFORMATION; CONFIDENTIAL
  INFORMATION.  (a)  The following information is public information
  and may be disclosed under Chapter 552, Government Code:
               (1)  a grant applicant's name and address;
               (2)  the amount of money requested in an applicant's
  grant proposal;
               (3)  the type of research on dementia or related
  disorders to be addressed under a grant proposal; and
               (4)  any other information the institute designates
  with the consent of a grant applicant.
         (b)  To protect the actual or potential value of information
  submitted to the institute by an applicant for or recipient of a
  grant under this chapter, the following information submitted by
  the applicant or recipient is confidential and is not subject to
  disclosure under Chapter 552, Government Code, or any other law:
               (1)  all information, other than the information
  described under Subsection (a), contained in a grant application,
  peer review evaluation, award contract, or progress report relating
  to a product, device, or process, the application or use of the
  product, device, or process, and all technological and scientific
  information, including computer programs, developed wholly or
  partly by the applicant or recipient, regardless of whether
  patentable or capable of being registered under copyright or
  trademark laws, that has a potential for being sold, traded, or
  licensed for a fee; and
               (2)  the plans, specifications, blueprints, and
  designs, including related proprietary information, of a
  scientific research and development facility.
         (c)  The following information is confidential and not
  subject to disclosure under Chapter 552, Government Code:
               (1)  information that directly or indirectly reveals
  the identity of an individual who reports fraud, waste, or abuse of
  state resources to the institute's compliance program office, seeks
  guidance from the office, or participates in an investigation
  conducted under the compliance program;
               (2)  information that directly or indirectly reveals
  the identity of an individual who is alleged to have or may have
  planned, initiated, or participated in activities specified in a
  report submitted to the office if, after completing an
  investigation, the office determines the report to be
  unsubstantiated or without merit; and
               (3)  other information collected or produced in a
  compliance program investigation if releasing the information
  would interfere with an ongoing compliance investigation.
         (d)  Subsection (c) does not apply to information related to
  an individual who consents to the information's disclosure.
         (e)  Information made confidential or excepted from public
  disclosure by this section may be made available, on request and in
  compliance with applicable laws and procedures, to the following:
               (1)  a law enforcement agency or prosecutor;
               (2)  a governmental agency responsible for
  investigating the matter specified in a compliance report,
  including the Texas Workforce Commission civil rights division or
  the Equal Employment Opportunity Commission; or
               (3)  a committee member or institute employee who is
  responsible under institutional policy for a compliance program
  investigation or for a review of a compliance program
  investigation.
         (f)  A disclosure under Subsection (e) is not a voluntary
  disclosure for purposes of Section 552.007, Government Code.
         (g)  The institute shall post on the institute's Internet
  website records that pertain specifically to any gift, grant, or
  other consideration provided to the institute, an institute
  employee, or an oversight committee member, in the employee's or
  member's official capacity.  The posted information must include
  each donor's name and the amount and date of the donor's donation.
         SECTION 2.  Section 51.955(c), Education Code, is amended to
  read as follows:
         (c)  Subsection (b)(1) does not apply to a research contract
  between an institution of higher education and the Cancer
  Prevention and Research Institute of Texas or Dementia Prevention
  and Research Institute of Texas.
         SECTION 3.  Section 61.003(6), Education Code, is amended to
  read as follows:
               (6)  "Other agency of higher education" means The
  University of Texas System, System Administration; The University
  of Texas at El Paso Museum; Texas Epidemic Public Health Institute
  at The University of Texas Health Science Center at Houston; The
  Texas A&M University System, Administrative and General Offices;
  Texas A&M AgriLife Research; Texas A&M AgriLife Extension Service;
  Rodent and Predatory Animal Control Service (a part of the Texas A&M
  AgriLife Extension Service); Texas A&M Engineering Experiment
  Station (including the Texas A&M Transportation Institute); Texas
  A&M Engineering Extension Service; Texas A&M Forest Service; Texas
  Division of Emergency Management; Texas Tech University Museum;
  Texas State University System, System Administration; Sam Houston
  Memorial Museum; Panhandle-Plains Historical Museum; Cotton
  Research Committee of Texas; Texas Water Resources Institute; Texas
  A&M Veterinary Medical Diagnostic Laboratory; Dementia Prevention
  and Research Institute of Texas; and any other unit, division,
  institution, or agency which shall be so designated by statute or
  which may be established to operate as a component part of any
  public senior college or university, or which may be so classified
  as provided in this chapter.
         SECTION 4.  Section 572.003(c), Government Code, is amended
  to read as follows:
         (c)  The term means a member of:
               (1)  the Public Utility Commission of Texas;
               (2)  the Texas Commission on Environmental Quality;
               (3)  the Texas Alcoholic Beverage Commission;
               (4)  the Finance Commission of Texas;
               (5)  the Texas Facilities Commission;
               (6)  the Texas Board of Criminal Justice;
               (7)  the board of trustees of the Employees Retirement
  System of Texas;
               (8)  the Texas Transportation Commission;
               (9)  the Texas Department of Insurance;
               (10)  the Parks and Wildlife Commission;
               (11)  the Public Safety Commission;
               (12)  the Texas Ethics Commission;
               (13)  the State Securities Board;
               (14)  the Texas Water Development Board;
               (15)  the governing board of a public senior college or
  university as defined by Section 61.003, Education Code, or of The
  University of Texas Southwestern Medical Center, The University of
  Texas Medical Branch at Galveston, The University of Texas Health
  Science Center at Houston, The University of Texas Health Science
  Center at San Antonio, The University of Texas M. D. Anderson Cancer
  Center, The University of Texas Health Science Center at Tyler,
  University of North Texas Health Science Center at Fort Worth,
  Texas Tech University Health Sciences Center, Texas State Technical
  College--Harlingen, Texas State Technical College--Marshall, Texas
  State Technical College--Sweetwater, or Texas State Technical
  College--Waco;
               (16)  the Texas Higher Education Coordinating Board;
               (17)  the Texas Workforce Commission;
               (18)  the board of trustees of the Teacher Retirement
  System of Texas;
               (19)  the Credit Union Commission;
               (20)  the School Land Board;
               (21)  the board of the Texas Department of Housing and
  Community Affairs;
               (22)  the Texas Racing Commission;
               (23)  the State Board of Dental Examiners;
               (24)  the Texas Medical Board;
               (25)  the Board of Pardons and Paroles;
               (26)  the Texas State Board of Pharmacy;
               (27)  the Department of Information Resources
  governing board;
               (28)  the board of the Texas Department of Motor
  Vehicles;
               (29)  the Texas Real Estate Commission;
               (30)  the board of directors of the State Bar of Texas;
               (31)  the Bond Review Board;
               (32)  the Health and Human Services Commission;
               (33)  the Texas Funeral Service Commission;
               (34)  the board of directors of a river authority
  created under the Texas Constitution or a statute of this state;
               (35)  the Texas Lottery Commission; [or]
               (36)  the Cancer Prevention and Research Institute of
  Texas; or
               (37)  the Dementia Prevention and Research Institute of
  Texas.
         SECTION 5.  (a)  Not later than December 31, 2025, the
  appropriate appointing authority shall appoint the members to the
  Dementia Prevention and Research Institute of Texas Oversight
  Committee as required by Section 101A.101, Health and Safety Code,
  as added by this Act.  The oversight committee may not act until a
  majority of the appointed members have taken office.
         (b)  Notwithstanding Section 101A.101, Health and Safety
  Code, as added by this Act, in making the initial appointments under
  that section, the governor, lieutenant governor, and speaker of the
  house of representatives shall, as applicable, designate one member
  of the Dementia Prevention and Research Institute of Texas
  Oversight Committee appointed by that person to serve a term
  expiring January 31, 2027, one member appointed by that person to
  serve a term expiring January 31, 2029, and one member appointed by
  that person to serve a term expiring January 31, 2031.
         SECTION 6.  If the voters approve the constitutional
  amendment proposed by the 89th Legislature, Regular Session, 2025,
  providing for the establishment of the Dementia Prevention and
  Research Institute of Texas, establishing the Dementia Prevention
  and Research Fund to provide money for research on and prevention
  and treatment of dementia and related disorders in this state, and
  transferring to that fund $3 billion from state general revenue,
  the Dementia Prevention and Research Institute of Texas established
  by Chapter 101A, Health and Safety Code, as added by this Act, is
  eligible for funding to be deposited under the authority of Section
  68, Article III, Texas Constitution, for the institute to engage in
  any activities serving the purposes of that constitutional
  provision.
         SECTION 7.  This Act takes effect December 1, 2025, but only
  if the constitutional amendment proposed by the 89th Legislature,
  Regular Session, 2025, providing for the establishment of the
  Dementia Prevention and Research Institute of Texas, establishing
  the Dementia Prevention and Research Fund to provide money for
  research on and prevention and treatment of dementia and related
  disorders in this state, and transferring to that fund $3 billion
  from state general revenue is approved by the voters.  If that
  amendment is not approved by the voters, this Act has no effect.