By: Nelson S.B. No. 1421
(Schwertner, S. Davis of Harris)
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), 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.
SECTION 3. This Act takes effect September 1, 2011.