1 | 1 | | By: Villalba, et al. (Senate Sponsor - Carona) H.B. No. 2051 |
---|
2 | 2 | | (In the Senate - Received from the House April 25, 2013; |
---|
3 | 3 | | April 29, 2013, read first time and referred to Committee on Higher |
---|
4 | 4 | | Education; May 9, 2013, reported favorably by the following vote: |
---|
5 | 5 | | Yeas 6, Nays 0; May 9, 2013, sent to printer.) |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | A BILL TO BE ENTITLED |
---|
9 | 9 | | AN ACT |
---|
10 | 10 | | relating to the authority of public institutions of higher |
---|
11 | 11 | | education to make certain investments to support technology |
---|
12 | 12 | | commercialization. |
---|
13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 14 | | SECTION 1. Section 153.006(a), Education Code, is amended |
---|
15 | 15 | | to read as follows: |
---|
16 | 16 | | (a) In order to carry out the purposes of this chapter and to |
---|
17 | 17 | | support the activities of centers described in this chapter, to the |
---|
18 | 18 | | extent authorized by its governing board, an institution of higher |
---|
19 | 19 | | education may: |
---|
20 | 20 | | (1) enter into agreements establishing royalties, |
---|
21 | 21 | | fees, and other consideration for technology developed in whole or |
---|
22 | 22 | | part by the institution [it]; |
---|
23 | 23 | | (2) accept equity interests in, convertible |
---|
24 | 24 | | promissory debt instruments issued by, or a combination of equity |
---|
25 | 25 | | interests in and convertible promissory debt instruments issued by |
---|
26 | 26 | | organizations that license, manage, or otherwise administer rights |
---|
27 | 27 | | to technology belonging to the institution [it] or under its |
---|
28 | 28 | | control in exchange for such rights, in whole or in part; |
---|
29 | 29 | | (3) accept equity interests in, convertible |
---|
30 | 30 | | promissory debt instruments issued by, or a combination of equity |
---|
31 | 31 | | interests in and convertible promissory debt instruments issued by |
---|
32 | 32 | | organizations that license or otherwise have rights in the |
---|
33 | 33 | | institution's [its] technology as consideration for its providing |
---|
34 | 34 | | monetary, business, scientific, or engineering services or |
---|
35 | 35 | | technical assistance; |
---|
36 | 36 | | (4) use income from the commercialization of |
---|
37 | 37 | | technology to fund the activities of the center; |
---|
38 | 38 | | (5) solicit, accept, and administer gifts, grants, and |
---|
39 | 39 | | donations; |
---|
40 | 40 | | (6) enter into contracts for legal services with a |
---|
41 | 41 | | competent lawyer or law firm to: |
---|
42 | 42 | | (A) prepare, file, pursue, and maintain patent |
---|
43 | 43 | | applications in the United States or foreign jurisdictions; |
---|
44 | 44 | | (B) secure copyright protection for computer |
---|
45 | 45 | | software; |
---|
46 | 46 | | (C) prepare, file, and pursue trademark and |
---|
47 | 47 | | service mark applications; |
---|
48 | 48 | | (D) pursue litigation to prevent or stop |
---|
49 | 49 | | infringement of any intellectual property rights of the |
---|
50 | 50 | | institution; or |
---|
51 | 51 | | (E) handle any other legal matter related to the |
---|
52 | 52 | | operation and activities of the center; and |
---|
53 | 53 | | (7) enter into such other business arrangements as may |
---|
54 | 54 | | be appropriate for achieving the purposes of this chapter. |
---|
55 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
---|
56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
---|
57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
---|
59 | 59 | | Act takes effect September 1, 2013. |
---|
60 | 60 | | * * * * * |
---|