83R24041 YDB-F
By: Cortez H.B. No. 2891
Substitute the following for H.B. No. 2891:
By: Vo C.S.H.B. No. 2891
A BILL TO BE ENTITLED
AN ACT
relating to duties of the comptroller's office regarding
state-owned intellectual property and commercial equity.
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. STATE-OWNED INTELLECTUAL PROPERTY AND
COMMERCIAL EQUITY. (a) In this section:
(1) "Commercial equity" means an ownership interest in
a commercial enterprise.
(2) "Expressive work" means:
(A) a fictional or nonfictional entertainment,
dramatic, literary, or musical work that is a play, book, magazine,
newspaper, musical composition, audiovisual work, radio or
television program, work of art, or work of political or newsworthy
value; or
(B) an advertisement or commercial announcement
of a work described by Paragraph (A).
(3) "Intellectual property" means an intangible asset
that is subject to statutory protection under applicable patent,
copyright, or trademark law. The term includes an invention,
industrial design, identifying mark or symbol, electronic
publication, trade secret, and literary, musical, artistic,
photographic, or film work.
(4) "State agency" has the meaning assigned by Section
403.241.
(b) The comptroller, using existing resources, shall
compile a list of 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 comptroller shall collect information from each state agency
regarding the intellectual property and commercial equity in which
the agency has an ownership interest or may acquire 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) For purposes of Subsection (c), an ownership interest
does not include a grant awarded or other assistance provided under
Subchapter B, Chapter 485.
(e) From the information submitted under Subsection (c),
the comptroller shall electronically publish a biennial
comprehensive report detailing the intellectual property and
commercial equity in which the state has an ownership interest.
(f) This section does not apply to an expressive work:
(1) that is created by a person who at the time the
work was created was not employed by or otherwise providing
services to the state related to the work; or
(2) in which the state has no ownership interest.
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 comptroller 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 comptroller.
SECTION 3. This Act takes effect September 1, 2013.