Texas Register, Volume 38, Number 46, Pages 8023-8312, November 15, 2013 Page: 8,059

                                
(62) Scientific Review Council--the group of Scientific Re-
search and Prevention Programs Committee Members designated as
the chairpersons of the Peer Review Panels that review Cancer Re-
search Grant Applications. This group includes the Review Council
chairperson.
(63) Scope of Work--the goals and objectives of the Can-
cer Research or Cancer Prevention project, including the timeline and
milestones to be achieved.
(64) Senior Member or Key Personnel--the Principal In-
vestigator, Project Director or Company Representative and other in-
dividuals who contribute to the scientific development or execution of
a project in a substantive, measurable way, whether or not the individ-
uals receive salary or compensation under the Grant Award.
(65) Technology--any and all of the following resulting or
arising from work funded by the Grant Award:
(A) Inventions;
(B) Third-Party Information, including but not limited
to data, trade secrets and know-how;
(C) databases, compilations and collections of data;
(D) tools, methods and processes; and
(E) works of authorship, excluding all scholarly works,
but including, without limitation, computer programs, source code and
executable code, whether embodied in software, firmware or otherwise,
documentation, files, records, data and mask works; and all instantia-
tions of the foregoing in any form and embodied in any form, includ-
ing but not limited to therapeutics, drugs, drug delivery systems, drug
formulations, devices, diagnostics, biomarkers, reagents and research
tools.
(66) Texas Cancer Plan--a coordinated, prioritized, and ac-
tionable framework that helps to guide statewide efforts to fight the
human and economic burden of cancer in Texas.
(67) Third-Party Information--generally, all trade secrets,
proprietary information, know-how and non-public business informa-
tion disclosed to the Institute by Grant Applicant, Grant Recipient, or
other individual external to the Institute.
(68) Tobacco--all forms of tobacco products, including but
not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis,
kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing
tobacco.
701.5. Oversight Committee Bylaws.
The Oversight Committee shall adopt Bylaws to govern the conduct
of its meetings and its management of the Institute, consistent with
applicable law.
(1) The Bylaws shall include:
(A) A process to elect a presiding officer, assistant pre-
siding officer, and any other officer positions that may be created by
the Oversight Committee and to set terms of service for such positions;
(B) A meeting schedule that permits a public meeting to
be held no less than once each calendar quarter, with appropriate notice
and opportunity for a formal public comment period;
(C) Duties and responsibilities for the presiding officer
and assistant presiding officer, as well as other additional officer posi-
tions that may be created by the Oversight Committee;
(D) Responsibilities of the Oversight Committee and
the Committee's officers that are distinguished from responsibilities of
the Chief Executive Officer and Institute employees;

(E) A process for the Oversight Committee to review
the financial practices of the Institute, including a review of the annual
financial audit of the Institute's activities and the Comptroller of Public
Accounts' report and evaluation of the Institute's annual financial audit;
(F) A prohibition against an interlocking directorate be-
tween the Oversight Committee and any foundation established to ben-
efit the Institute;
(G) A process for hiring a Chief Executive Officer and
evaluating the Chief Executive Officer's job performance; and
(H) A designation of grounds for removal from the
Oversight Committee based on illness, absence, or ineligibility and
provide process for removal.
(2) The Bylaws must be posted on the Institute's Internet
website.
701.7. Compliance Program.
(a) Oversight Committee Members, Institute Employees, Sci-
entific Research and Prevention Program Committee Members, Pro-
gram Integration Committee Members, Grant Applicants, Grant Re-
cipients, and contract service providers are expected to comply with
applicable laws, rules, regulations, and policies in conduct of their of-
ficial duties and responsibilities as well as professional standards of
business and personal ethics.
(b) The Institute's Compliance Program shall ensure that
agency operations conform to federal and state regulations, and that
such operations are undertaken consistent with the Institute's adminis-
trative rules, policies, and procedures.
(1) The Compliance Program shall specifically address at
least the following agency operations: Grant Review Process, Grant
Award financial reporting and performance monitoring, Institute finan-
cial reporting, internal accounting controls, and auditing.
(2) The Compliance Program shall implement and oversee
systems and activities to detect and report instances of conduct that do
not conform to applicable law or policy, as well as the timely response
to non-conforming conduct and to prevent future similar conduct.
(3) The Compliance Program shall implement and enforce
the Code of Conduct and Ethics as well as the consistent enforcement
of other compliance standards and procedures adopted by the Oversight
Committee.
(c) The Compliance Program shall operate under the direction
of the Chief Compliance Officer.
(1) In performing the duties under this program, the Chief
Compliance Officer shall have direct access to the Oversight Commit-
tee.
(2) The Chief Compliance Officer is responsible and will
be held accountable for apprising the Oversight Committee and the
Chief Executive Officer of the institutional compliance functions and
activities.
(A) The Chief Compliance Officer shall report at least
quarterly to the Oversight Committee on the Institute's compliance with
the applicable laws, rules and Institute policies. The Chief Compliance
Officer may report more frequently to the Audit Subcommittee of the
Oversight Committee.
(B) The Chief Compliance Officer shall report at least
annually on the Institute's compliance program activities, including any
proposed legislation or other recommendations identified through the
activities. The compliance report shall be included in the Institute's
Annual Public Report.

PROPOSED RULES       November 15, 2013  38 TexReg 8059