By: Zedler, et al. (Senate Sponsor - Bettencourt)	H.B. No. 177
	(In the Senate - Received from the House May 14, 2015;
	May 14, 2015, read first time and referred to Committee on Health
	and Human Services; May 22, 2015, reported favorably by the
	following vote:  Yeas 9, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the research, collection, and use of adult stem cells.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle H, Title 3, Education Code, is amended
	by adding Chapter 156 to read as follows:
	CHAPTER 156. ADULT STEM CELL RESEARCH PROGRAM
	Sec. 156.001.  DEFINITIONS. In this chapter:
	(1)  "Adult stem cell" means an undifferentiated cell
	that is:
	(A)  found in differentiated tissue; and
	(B)  able to renew itself and differentiate to
	yield all or nearly all of the specialized cell types of the tissue
	from which the cell originated.
	(2)  "Consortium" means the Texas Adult Stem Cell
	Research Consortium.
	(3)  "Institution of higher education" means an
	institution of higher education as defined by Section 61.003 or a
	private college or university that receives state funds.
	(4)  "Program" means the adult stem cell research
	program established under this chapter.
	(5)  "Research coordinating board" means the Texas
	Adult Stem Cell Research Coordinating Board.
	Sec. 156.002.  COMPOSITION OF RESEARCH COORDINATING BOARD.
	(a)  The Texas Adult Stem Cell Research Coordinating Board is
	composed of seven members appointed as follows:
	(1)  three members who are interested persons,
	including at least one person who represents an institution of
	higher education and one person who is a representative of an
	advocacy organization representing patients, appointed by the
	governor;
	(2)  two members who are interested persons appointed
	by the lieutenant governor; and
	(3)  two members who are interested persons appointed
	by the speaker of the house of representatives.
	(b)  The governor shall designate as the presiding officer of
	the research coordinating board a board member appointed under
	Subsection (a)(1) who represents an institution of higher
	education. The presiding officer serves in that capacity at the
	will of the governor.
	(c)  The members of the research coordinating board serve
	staggered six-year terms. If a vacancy occurs on the board, the
	appropriate appointing authority shall appoint, in the same manner
	as the original appointment, another person to serve for the
	remainder of the unexpired term.
	Sec. 156.003.  CONFLICT OF INTEREST.  (a)  In this section,
	"Texas trade association" means a cooperative and voluntarily
	joined association of business or professional competitors in this
	state designed to assist its members and its industry or profession
	in dealing with mutual business or professional problems and in
	promoting their common interest.
	(b)  A person may not be a member of the research
	coordinating board if:
	(1)  the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of medicine;
	(2)  the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of medicine; or
	(3)  the person is a member of the Texas Higher
	Education Coordinating Board.
	(c)  A person may not be a member of the research
	coordinating board if the person is required to register as a
	lobbyist under Chapter 305, Government Code, because of the
	person's activities for compensation on behalf of a profession
	related to the operation of the board.
	Sec. 156.004.  COMPOSITION OF CONSORTIUM.  (a)  The research
	coordinating board shall establish the Texas Adult Stem Cell
	Research Consortium.
	(b)  The consortium is composed of participating
	institutions of higher education and businesses that:
	(1)  accept public money for adult stem cell research;
	or
	(2)  otherwise agree to participate in the consortium.
	Sec. 156.005.  ADMINISTRATION OF PROGRAM; GUIDELINES AND
	PROCEDURES. (a) The research coordinating board shall administer
	the program to:
	(1)  make grants and loans to consortium members for:
	(A)  adult stem cell research projects, including
	projects to develop therapies, protocols, or medical procedures
	involving adult stem cells;
	(B)  the development of facilities to be used
	solely for adult stem cell research projects; and
	(C)  the commercialization of products or
	technology involving adult stem cell research and treatments;
	(2)  support consortium members in all stages of the
	process of developing treatments and cures based on adult stem cell
	research, beginning with initial laboratory research through
	successful clinical trials;
	(3)  establish appropriate regulatory standards and
	oversight bodies for:
	(A)  adult stem cell research conducted by
	consortium members; and
	(B)  the development of facilities for consortium
	members conducting adult stem cell research; and
	(4)  assist consortium members in applying for grants
	or loans under the program.
	(b)  The research coordinating board shall develop research
	priorities, guidelines, and procedures for providing grants and
	loans for specific research projects conducted by consortium
	members.  The priorities, guidelines, and procedures must require
	the grants and loans to be made on a competitive, peer review basis.
	Sec. 156.006.  FUNDING.  The program shall be funded by
	gifts, grants, and donations described by Section 156.007.  The
	program may not be funded by legislative appropriations.
	Sec. 156.007.  GIFTS, GRANTS, AND DONATIONS. The consortium
	shall solicit, and the research coordinating board may accept on
	behalf of the consortium, a gift, grant, or donation made from any
	public or private source for the purpose of promoting adult stem
	cell research or commercialization.
	Sec. 156.008.  BIENNIAL REPORT. Not later than September 1
	of each even-numbered year, the research coordinating board shall
	submit a report of the board's activities and recommendations to
	the Texas Higher Education Coordinating Board and to the governor,
	the lieutenant governor, the speaker of the house of
	representatives, and the presiding officer of each legislative
	standing committee or subcommittee with jurisdiction over higher
	education.
	SECTION 2.  Section 162.001, Health and Safety Code, is
	amended by adding Subdivision (4) to read as follows:
	(4)  "Adult stem cell" means an undifferentiated cell
	that is:
	(A)  found in differentiated tissue; and
	(B)  able to renew itself and differentiate to
	yield all or nearly all of the specialized cell types of the tissue
	from which the cell originated.
	SECTION 3.  Chapter 162, Health and Safety Code, is amended
	by adding Section 162.020 to read as follows:
	Sec. 162.020.  ADULT STEM CELL COLLECTION. Blood obtained
	by a blood bank may be used for the collection of adult stem cells if
	the donor consents in writing to that use.
	SECTION 4.  The heading to Chapter 1003, Health and Safety
	Code, is amended to read as follows:
	CHAPTER 1003.  [AUTOLOGOUS STEM CELL BANK FOR RECIPIENTS OF
	BLOOD   AND   TISSUE COMPONENTS WHO ARE THE LIVE HUMAN DONORS
	OF   THE] ADULT STEM CELLS
	SECTION 5.  Chapter 1003, Health and Safety Code, is amended
	by adding Sections 1003.002 and 1003.003 to read as follows:
	Sec. 1003.002.  GENERAL REQUIREMENTS FOR ADULT STEM CELL USE
	IN HEALTH CARE. A person using adult stem cells in the provision of
	health care:
	(1)  must use adult stem cells that are properly
	manufactured and stored; and
	(2)  may only use adult stem cells in a clinical trial
	approved by the United States Food and Drug Administration.
	Sec. 1003.003.  ADDITIONAL REQUIREMENTS FOR ADULT STEM CELL
	USE IN HOSPITALS.  A hospital may use adult stem cells in a
	procedure if:
	(1)  a physician providing services at the hospital
	determines that the use of adult stem cells in the procedure is
	appropriate;
	(2)  the patient consents in writing to the use;
	(3)  the requirements for stem cell use under Section
	1003.002 are met;
	(4)  the manufacturing processes for the adult stem
	cells satisfy current good manufacturing practices adopted by the
	United States Food and Drug Administration; and
	(5)  appropriate state and federal guidelines on the
	use of adult stem cells are followed.
	SECTION 6.  (a)  As soon as practicable after the effective
	date of this Act, the governor, lieutenant governor, and speaker of
	the house of representatives shall appoint members to the Texas
	Adult Stem Cell Research Coordinating Board, as required by Section
	156.002, Education Code, as added by this Act, as follows:
	(1)  the governor shall appoint one member to a term
	expiring February 1, 2017, one member to a term expiring February 1,
	2019, and one member to a term expiring February 1, 2021;
	(2)  the lieutenant governor shall appoint one member
	to a term expiring February 1, 2019, and one member to a term
	expiring February 1, 2021; and
	(3)  the speaker of the house of representatives shall
	appoint one member to a term expiring February 1, 2019, and one
	member to a term expiring February 1, 2021.
	(b)  Not later than September 1, 2016, the Texas Adult Stem
	Cell Research Coordinating Board shall submit the first report of
	the board's activities and recommendations as required by Chapter
	156, Education Code, as added by this Act.
	SECTION 7.  This Act takes effect September 1, 2015.
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