83R10234 YDB-D
By: Cortez H.B. No. 2891
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and duties of the office of
state-owned intellectual property and commercial equity in the
comptroller's office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0302 to read as follows:
Sec. 403.0302. OFFICE OF STATE-OWNED INTELLECTUAL PROPERTY
AND COMMERCIAL EQUITY. (a) In this section:
(1) "Commercial equity" means an ownership interest in
a commercial enterprise.
(2) "State agency" has the meaning assigned by Section
403.241.
(b) The comptroller shall establish in the comptroller's
office an office of state-owned intellectual property and
commercial equity to monitor and track the intellectual property
and commercial equity in which this state has an ownership interest
or through its operations may acquire an ownership interest.
(c) Not later than December 31 of each even-numbered year,
the office shall collect information from each state agency and
from independent sources as necessary regarding the intellectual
property and commercial equity in which the agency has an ownership
interest. The information submitted by the state agency must
contain:
(1) the total amount the state agency spent to acquire
the ownership interest, including the amount of any grant awarded
or loan granted, and the value of any other operations;
(2) any realized or unrealized gain that has resulted
from the ownership interest; and
(3) the status of the intellectual property or
commercial equity.
(d) The office shall:
(1) continuously monitor each grant, expenditure, or
loan made by a state agency to fund a research and development
project or another project that is likely to lead to an innovation
in which a patent or other intellectual property right may be
awarded; and
(2) determine whether there is an appropriate
opportunity for this state to assume an ownership interest in
intellectual property or a commercial equity position in the
project.
(e) From the information submitted under Subsection (c),
the office shall electronically publish a biennial comprehensive
report detailing:
(1) the intellectual property and commercial equity in
which the state has an ownership interest;
(2) opportunities for this state to acquire an
ownership interest in intellectual property or commercial equity;
and
(3) methods by which this state can maximize its
revenue and offer economic benefits by holding an ownership
interest in a project or activity that the state partly or wholly
funds.
(f) The comptroller may assign other duties to the office as
the comptroller determines appropriate.
SECTION 2. Section 2111.002, Government Code, is amended to
read as follows:
Sec. 2111.002. REPORTING. Each state agency shall report
to the lieutenant governor, [and] the speaker of the house of
representatives, and the office of state-owned intellectual
property and commercial equity established by the comptroller under
Section 403.0302 any technological innovation developed by the
agency that:
(1) has potential commercial application, is
proprietary, or could be protected under intellectual property
laws; and
(2) was developed:
(A) during the preceding calendar year; or
(B) before the preceding calendar year but was
not previously reported to the lieutenant governor, [and] the
speaker of the house of representatives, and the office.
SECTION 3. Not later than December 1, 2013, the comptroller
of public accounts of the State of Texas shall establish the office
of state-owned intellectual property and commercial equity as
required by Section 403.0302, Government Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2013.