PART 11. CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS

CHAPTER 702. RELATIONSHIP BETWEEN COUNCIL AND PRIVATE ORGANIZATIONS AND DONORS

25 TAC §§702.1 - 702.4

The Cancer Prevention and Research Institute of Texas (Institute), formerly the Texas Cancer Council, adopts the repeal of §§702.1 - 702.4, concerning the relationship between the council and private organizations and donors. The repeal is adopted without changes to the proposal as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1938).

The 2007 Legislature enacted House Bill 14, which amended Chapter 102 of the Health and Safety Code, abolished the Texas Cancer Council, created the Institute, and expressly directs the Institute's Oversight Committee to adopt conflict of interest rules to apply to the Oversight Committee. The rules currently in Chapter 702 are not adequate to address the rules required by the law. The matters addressed by the repealed provisions will be incorporated into a new Chapter 702. The new Chapter 702 has been adopted as new rules in the Adopted Rules section of this issue of the Texas Register concurrently with this repeal.

No comments were received regarding the proposed repeal.

The repeal is adopted under the authority of Texas Health and Safety Code Annotated, §102.101(e) and §102.106, which provide the Institute with the authority to govern members of the Oversight Committee and its own activities, and which direct the Oversight Committee to adopt rules relating to conflict of interest.

There is no other statute, article or code that is affected by this adopted repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 23, 2009.

TRD-200902576

William H. Gimson

Executive Director

Cancer Prevention and Research Institute of Texas

Effective date: July 13, 2009

Proposal publication date: March 20, 2009

For further information, please call: (512) 463-3190

25 TAC §§702.1, 702.3, 702.5, 702.7, 702.9, 702.11, 702.13, 702.15

The Cancer Prevention and Research Institute of Texas (Institute) adopts new §§702.1, 702.3, 702.5, 702.7, 702.9, 702.11, 702.13, and 702.15, concerning the institute standards on ethics and conflicts, including relationships between the institute and private organizations and donors, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1939).

These rules are based on the federal regulations applicable to scientific peer review of research grant applications and research and development contract projects of the National Institutes of Health (NIH). The federal NIH regulations are found at 42 CFR 52h. These rules incorporate the matters addressed in the prior Chapter 702 rules, which have been repealed in their entirety and are being replaced with these rules. The rules will be incorporated into the Institute's ethics policy manual.

No public comments were received regarding the proposal.

The new rules are adopted under the Texas Health and Safety Code, §102.106 which directs the Institute's Oversight Committee to adopt such rules to apply to the Oversight Committee. In addition, these rules are adopted pursuant to and in satisfaction of the provisions of Texas Government Code, Chapters 572 and 2255, Texas Health and Safety Code, Chapter 102, and other relevant statutes.

There is no other statute, article or code that is affected by the rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 23, 2009.

TRD-200902577

William H. Gimson

Executive Director

Cancer Prevention and Research Institute of Texas

Effective date: July 13, 2009

Proposal publication date: March 20, 2009

For further information, please call: (512) 463-3190