CHAPTER 102.  TEXAS CANCER COUNCIL

Sec. 102.001.  Definition.

         In this chapter, "council" means the Texas Cancer Council.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 102.002.  Texas Cancer Council.

         The Texas Cancer Council shall develop and implement the Texas
Cancer Plan.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.06,
eff. Sept. 1, 1991.

Sec. 102.003.  Sunset Provision.

         The Texas Cancer Council is subject to Chapter 325, Government
Code (Texas Sunset Act).  Unless continued in existence as
provided by that chapter, the council is abolished and this
chapter expires September 1, 1999.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.24,
eff. Nov. 12, 1991.

Sec. 102.004.  Composition of Council.

         The council is composed of:

                       (1) one member of the house of representatives, appointed by
         the speaker of the house of representatives;

                       (2) one member of the senate, appointed by the lieutenant
         governor;

                       (3) the chairman of the Texas Board of Human Services or a
         representative appointed by the chairman;

                       (4) the chairman of the Texas Board of Health or a
         representative appointed by the chairman;

                       (5) one physician active in the treatment of cancer,
         appointed by the governor;

                       (6) one physician active in the treatment of cancer,
         appointed by the lieutenant governor;

                       (7) one physician active in the treatment of cancer,
         appointed by the speaker of the house of representatives;

                       (8) one representative of a voluntary health organization
         interested in cancer, appointed by the governor;

                       (9) one representative of a voluntary health organization
         interested in cancer, appointed by the lieutenant governor;

                       (10) one representative of a voluntary health organization
         interested in cancer, appointed by the speaker of the house of
         representatives;

                       (11) one representative of a public or private hospital that
         treats a significant number of cancer patients, appointed by
         the governor;

                       (12) one representative of a public or private hospital that
         treats a significant number of cancer patients, appointed by
         the lieutenant governor;

                       (13) one representative of a public or private hospital that
         treats a significant number of cancer patients, appointed by
         the speaker of the house of representatives;

                       (14) one member of the public, appointed by the governor;

                       (15) one member of the public, appointed by the lieutenant
         governor; and

                       (16) one member of the public, appointed by the speaker of
         the house of representatives.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.07,
eff. Sept. 1, 1991.

Sec. 102.0041.  Qualifications of Council.

         (a) A person is not eligible for appointment as a member of the
council if the person or the person's spouse:

                       (1) owns or controls, directly or indirectly, more than a 10
         percent interest in a business entity or other organization
         receiving funds from the council; or

                       (2) uses or receives a substantial amount of tangible goods,
         services, or funds from the council, other than compensation or
         reimbursement authorized by law for council membership,
         attendance, or expenses.

         (b) A person who is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation in or on behalf of a profession related to the
operation of the council may not serve as a member.

         (c) Appointments to the council shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.

         (d) It is a ground for removal from the council if the member:

                       (1) does not have at the time of appointment the
         qualifications required in this section for appointment to the
         council;

                       (2) does not maintain during the member's service on the
         council the qualifications required by this section for
         appointment to the council;

                       (3) violates a prohibition established by this section;

                       (4) is unable to discharge the member's duties for a
         substantial part of the term for which the member was appointed
         because of illness or disability; or

                       (5) is absent from more than half of the regularly scheduled
         meetings of the council that the member is eligible to attend
         during each calendar year or is absent from more than two
         consecutive regularly scheduled council meetings that the
         member is eligible to attend, except when the absence is
         excused by a majority vote of the council.

         (e) If the presiding officer of the council has knowledge that
a potential ground for removal of a member of the council exists,
the presiding officer shall notify the executive director and the
appointing authority.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.08, eff.
Sept. 1, 1991.

Sec. 102.005.  Terms; Vacancy.

         (a) Except for a member of the legislature or a representative
of a state agency, council members serve for staggered six-year
terms, with the terms of four members expiring February 1 of each
even-numbered year.

         (b) If a vacancy occurs, the appropriate appointing authority
shall appoint, in the same manner as the original appointment, a
person to serve for the remainder of the unexpired term.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 102.006.  Officers.

         The governor shall appoint one member as chairman.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.09,
eff. Sept. 1, 1991.

Sec. 102.007.  Compensation.

         (a) A member of the council is not entitled to compensation but
is entitled to reimbursement for actual and necessary expenses
incurred in performing council duties.

         (b) A member of the legislature shall be reimbursed from the
appropriate fund of the legislature.  A representative of a state
agency shall be reimbursed from the funds of the agency the
person represents.  Other members shall be reimbursed from
council funds.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 102.008.  Meetings.

         The council shall meet at the call of the chairman.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 102.009.  Powers and Duties of Council.

         (a) The council shall:

                       (1) work to implement the Texas Cancer Plan;

                       (2) continually monitor and revise the Texas Cancer Plan as
         necessary;

                       (3) promote the development and coordination of effective
         and efficient statewide public and private policies, programs,
         and services related to cancer;

                       (4) encourage cooperative, comprehensive, and complementary
         planning among the public, private, and volunteer sectors
         involved in cancer research, prevention, detection, and
         treatment; and

                       (5) report to the legislature not later than January 31 of
         each odd-numbered year.

         (b) The council may:

                       (1) employ an executive director and secretary;

                       (2) appoint advisory committees necessary to implement the
         Texas Cancer Plan and employ necessary staff to provide
         administrative support;

                       (3) monitor contracts and agreements for cancer programs
         authorized by this chapter;

                       (4) conduct necessary studies and surveys;

                       (5) accept, transfer, and spend funds made available by the
         federal or state government or by any other public or private
         source, subject to limitations and conditions prescribed by
         legislative appropriation; and

                       (6) use the existing staff of an appointed official or
         agency to assist the council in performing its duties under
         this chapter.

         (c) The Texas Cancer Council and/or its contracted projects
shall maintain for physicians a listing of available continuing
medical education courses in pain treatment offered by accredited
Texas medical and osteopathic schools, hospitals, health care
facilities, or professional societies or associations for
physicians.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., ch. 627, Sec. 13, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.10, eff.
Sept. 1, 1991.

Amended by Acts 1995, 74th Leg., ch. 174, Sec. 2, eff. Sept. 1,
1995.

Sec. 102.010.  Grant Program.

         (a) If funds are available, the council may establish a grant
program to provide funds to public or private persons to
implement the Texas Cancer Plan.

         (b) The council shall adopt rules governing the submission and
approval of grant requests and the cancellation of grants.

         (c) To receive a grant, a person whose grant request is
approved must execute an interagency agreement or a contract with
the council.  The contract must require the person receiving the
grant to perform the services as stated in the approved grant
request.  The contract must contain appropriate provisions for
program and fiscal monitoring.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.11,
eff. Sept. 1, 1991.

Sec. 102.012.  Cancer Resource Fund.

         (a) The cancer resource fund is an account of the general
revenue fund.

         (b) The legislature may appropriate money deposited to the
credit of the cancer resource fund only to the council for cancer
prevention, cancer research, and medical care for cancer victims.

         (c) The council shall develop a policy governing the award of
funds for clinical research that follows scientific peer review
and approval by the National Cancer Institute of the National
Institutes of Health or that follows other review procedures that
are designed to distribute those funds on the basis of scientific
merit.

         (d) Interest earned from the investment of the cancer resource
fund shall be deposited to the credit of the fund.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989