PART 11. CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS
CHAPTER 701. POLICIES AND PROCEDURES
The Cancer Prevention and Research Institute of Texas ("CPRIT" or "the Institute") proposes amending 25 Texas Administrative Code §701.25 relating to the applicability of CPRIT's electronic signature policy.
Background and Justification
CPRIT's electronic policy explicitly applies to Grant Recipients that use the Institute's electronic Grant Managements System (CGMS). The policy allows CPRIT to rely on information submitted by a Grant Recipient's Authorized Signing Official (ASO) as legally binding. An ASO is the designated representative of the applicant and/or grant organization with the authority to act on the organization's behalf in matters related to the application for and administration of a CPRIT grant award.
The proposed amendment expands the electronic signature policy to explicitly include Grant Applicants and ASOs who submit applications through CPRIT's electronic Application Receipt System (CARS). A Grant Applicant must create a user account in CARS before an application may be submitted to the Institute. As part of the registration process, a Grant Applicant is required to designate an ASO individual at the institution or organization with the authority to approve the submission of the grant application.
Fiscal Note
Kristen Pauling Doyle, Deputy Executive Officer and General Counsel for the Cancer Prevention and Research Institute of Texas, has determined that for the first five-year period the rule change is in effect, there will be no foreseeable implications relating to costs or revenues for state or local government due to enforcing or administering the rules.
Public Benefit and Costs
Ms. Doyle has determined that for each year of the first five years the rule change is in effect the public benefit anticipated due to enforcing the rule will be clarifying grantee reporting obligations and consequences.
Small Business, Micro-Business, and Rural Communities Impact Analysis
Ms. Doyle has determined that the rule change will not affect small businesses, micro businesses, or rural communities.
Government Growth Impact Statement
The Institute, in accordance with 34 Texas Administrative Code §11.1, has determined that during the first five years that the proposed rule change will be in effect:
(1) the proposed rule change will not create or eliminate a government program;
(2) implementation of the proposed rule change will not affect the number of employee positions;
(3) implementation of the proposed rule change will not require an increase or decrease in future legislative appropriations;
(4) the proposed rule change will not affect fees paid to the agency;
(5) the proposed rule change will not create new rule;
(6) the proposed rule change will not expand existing rule;
(7) the proposed rule change will not change the number of individuals subject to the rule; and
(8) The rule change is unlikely to have an impact on the state's economy. Although the change is likely to have a neutral impact on the state's economy, the Institute lacks enough data to predict the impact with certainty.
Submit written comments on the proposed rule changes to Ms. Kristen Pauling Doyle, General Counsel, Cancer Prevention and Research Institute of Texas, P.O. Box 12097, Austin, Texas 78711, no later than October 2, 2023. The Institute asks parties filing comments to indicate whether they support the rule revision proposed by the Institute and, if the party requests a change, to provide specific text for the proposed change. Parties may submit comments electronically to kdoyle@cprit.texas.gov or by facsimile transmission to (512) 475-2563.
Statutory Authority
The Institute proposes the rule change under the authority of the Texas Health and Safety Code Annotated, §102.108, which provides the Institute with broad rule-making authority to administer the chapter. Ms. Doyle has reviewed the proposed amendment and certifies the proposal to be within the Institute's authority to adopt.
There is no other statute, article, or code affected by these rules.
§701.25.Electronic Signature Policy.
A Grant Recipient's use of the Institute's electronic Grant Management System or a Grant Applicant's use of the Institute's electronic Application Receipt System to create, exchange, execute, submit, and verify legally binding Grant Contract documents and Grant Award reports or a Grant Application shall be pursuant to an agreement between the Institute and the Grant Recipient or Grant Applicant regarding the use of binding electronic signatures. Such agreement shall include at least the following minimum standards:
(1) The Grant Recipient or Grant Applicant agrees that by entering the Authorized Signing Official's password in the electronic Grant Management System or Application Receipt System at certain specified points, the Grant Recipient or Grant Applicant electronically signs the Grant Contract document or related form or Grant Application . The Grant Recipient or Grant Applicant further agrees that the electronic signature is the legal equivalent of the Authorized Signing Official's manual signature.
(2) The Institute may rely upon the electronic signature rendered by entering the Authorized Signing Official's password as evidence that the Grant Recipient or Grant Applicant consents to be legally bound by the terms and conditions of the Grant Contract or related form or Grant Application as if the document was manually signed.
(3) The Grant Recipient or Grant Applicant shall provide prompt written notification to the Institute of any changes regarding the status or authority of the individual(s) designated by the Grant Recipient or Grant Applicant to be the Grant Recipient's or Grant Applicant's Authorized Signing Official. The notice must be provided to an individual designated by the Institute.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 18, 2023.
TRD-202303047
Heidi McConnell
Chief Operating Officer
Cancer Prevention and Research Institute of Texas
Earliest possible date of adoption: October 1, 2023
For further information, please call: (512) 305-8487