Texas 2011 82nd Regular

Texas Senate Bill SB1421 Introduced / Bill

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                    2011S0585-1 03/07/11
 By: Nelson S.B. No. 1421


 A BILL TO BE ENTITLED
 AN ACT
 relating to the awarding of grants provided by the Cancer
 Prevention and Research Institute of Texas.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subsection (a), Section 102.256, Health and
 Safety Code, is amended to read as follows:
 (a)  The oversight committee shall establish standards that
 require all grant awards to be subject to an intellectual property
 agreement that allows the state to collect royalties, income, and
 other benefits, including interest or proceeds resulting from
 securities and equity ownership, realized as a result of projects
 undertaken with money awarded under Subchapter E.
 SECTION 2.  Section 102.262, Health and Safety Code, is
 amended to read as follows:
 Sec. 102.262.  PUBLIC INFORMATION. (a)  The following
 information is public information and may be disclosed under
 Chapter 552, Government Code:
 (1)  the applicant's name and address;
 (2)  the amount of funding applied for;
 (3)  the type of cancer to be addressed under the
 proposal; and
 (4)  any other information designated by the institute
 with the consent of the grant applicant.
 (b)  In order to protect the actual or potential value of
 information submitted to the institute by an applicant for or
 recipient of an institute grant, the following information
 submitted by such applicant or recipient is confidential and is not
 subject to disclosure under Chapter 552, Government Code, or any
 other law:
 (1)  all information, except as provided in Subsection
 (a) or information that is contained in a grant award contract
 between the institute and a grant recipient, relating to a product,
 device, or process, the application or use of such a product,
 device, or process, and all technological and scientific
 information, including computer programs, developed in whole or in
 part by an applicant for or recipient of an institute grant,
 regardless of whether patentable or capable of being registered
 under copyright or trademark laws, that has a potential for being
 sold, traded, or licensed for a fee; and
 (2)  the plans, specifications, blueprints, and
 designs, including related proprietary information, of a
 scientific research and development facility that is jointly
 financed by the federal government and a local government or state
 agency, including an institution of higher education, if the
 facility is designed and built for the purposes of promoting
 scientific research and development and increasing the economic
 development and diversification of this state.
 SECTION 3.  This Act takes effect September 1, 2011.