Texas 2013 - 83rd Regular

Texas House Bill HB2891 Compare Versions

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Old	New	Differences
1	1	83R24041 YDB-F
2	2	By: Cortez H.B. No. 2891
3	3	Substitute the following for H.B. No. 2891:
4	4	By: Vo C.S.H.B. No. 2891
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to duties of the comptroller's office regarding
10	10	state-owned intellectual property and commercial equity.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 403, Government Code, is
13	13	amended by adding Section 403.0302 to read as follows:
14	14	Sec. 403.0302. STATE-OWNED INTELLECTUAL PROPERTY AND
15	15	COMMERCIAL EQUITY. (a) In this section:
16	16	(1) "Commercial equity" means an ownership interest in
17	17	a commercial enterprise.
18	18	(2) "Expressive work" means:
19	19	(A) a fictional or nonfictional entertainment,
20	20	dramatic, literary, or musical work that is a play, book, magazine,
21	21	newspaper, musical composition, audiovisual work, radio or
22	22	television program, work of art, or work of political or newsworthy
23	23	value; or
24	24	(B) an advertisement or commercial announcement
25	25	of a work described by Paragraph (A).
26	26	(3) "Intellectual property" means an intangible asset
27	27	that is subject to statutory protection under applicable patent,
28	28	copyright, or trademark law. The term includes an invention,
29	29	industrial design, identifying mark or symbol, electronic
30	30	publication, trade secret, and literary, musical, artistic,
31	31	photographic, or film work.
32	32	(4) "State agency" has the meaning assigned by Section
33	33	403.241.
34	34	(b) The comptroller, using existing resources, shall
35	35	compile a list of the intellectual property and commercial equity
36	36	in which this state has an ownership interest or through its
37	37	operations may acquire an ownership interest.
38	38	(c) Not later than December 31 of each even-numbered year,
39	39	the comptroller shall collect information from each state agency
40	40	regarding the intellectual property and commercial equity in which
41	41	the agency has an ownership interest or may acquire an ownership
42	42	interest. The information submitted by the state agency must
43	43	contain:
44	44	(1) the total amount the state agency spent to acquire
45	45	the ownership interest, including the amount of any grant awarded
46	46	or loan granted, and the value of any other operations;
47	47	(2) any realized or unrealized gain that has resulted
48	48	from the ownership interest; and
49	49	(3) the status of the intellectual property or
50	50	commercial equity.
51	51	(d) For purposes of Subsection (c), an ownership interest
52	52	does not include a grant awarded or other assistance provided under
53	53	Subchapter B, Chapter 485.
54	54	(e) From the information submitted under Subsection (c),
55	55	the comptroller shall electronically publish a biennial
56	56	comprehensive report detailing the intellectual property and
57	57	commercial equity in which the state has an ownership interest.
58	58	(f) This section does not apply to an expressive work:
59	59	(1) that is created by a person who at the time the
60	60	work was created was not employed by or otherwise providing
61	61	services to the state related to the work; or
62	62	(2) in which the state has no ownership interest.
63	63	SECTION 2. Section 2111.002, Government Code, is amended to
64	64	read as follows:
65	65	Sec. 2111.002. REPORTING. Each state agency shall report
66	66	to the lieutenant governor, [and] the speaker of the house of
67	67	representatives, and the comptroller any technological innovation
68	68	developed by the agency that:
69	69	(1) has potential commercial application, is
70	70	proprietary, or could be protected under intellectual property
71	71	laws; and
72	72	(2) was developed:
73	73	(A) during the preceding calendar year; or
74	74	(B) before the preceding calendar year but was
75	75	not previously reported to the lieutenant governor, [and] the
76	76	speaker of the house of representatives, and the comptroller.
77	77	SECTION 3. This Act takes effect September 1, 2013.