Texas 2015 - 84th Regular

Texas Senate Bill SB1132 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry S.B. No. 1132
2		-	(Murr)
	1	+	S.B. No. 1132
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the protection and use of certain products,
8	6		information, and technology of the Parks and Wildlife Department.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Chapter 11, Parks and Wildlife Code, is amended
11	9		by adding Subchapter M to read as follows:
12	10		SUBCHAPTER M. INTELLECTUAL PROPERTY
13	11		Sec. 11.351. PROTECTION AND USE OF INTELLECTUAL PROPERTY.
14	12		(a) The department may:
15	13		(1) apply for, register, secure, hold, and protect
16	14		under the laws of the United States, any state, or any nation:
17	15		(A) a patent for an invention or discovery of, or
18	16		improvement to, any process, machine, manufacture, or composition
19	17		of matter;
20	18		(B) a copyright for an original work of
21	19		authorship fixed in any tangible medium of expression now known or
22	20		later developed that can be perceived, reproduced, or otherwise
23	21		communicated;
24	22		(C) a trademark, service mark, collective mark,
25	23		or certification mark for a word, name, symbol, device, or slogan,
26	24		or any combination of those items, that has been adopted and used by
27	25		the department to identify goods or services and distinguish those
28	26		goods or services from other goods or services; or
29	27		(D) other evidence of protection or exclusivity
30	28		issued in or for intellectual property;
31	29		(2) enter into a contract with an individual or
32	30		company for the sale, lease, marketing, or other distribution of
33	31		intellectual property of the department;
34	32		(3) obtain under a contract entered into under
35	33		Subdivision (2) a royalty, license right, or other appropriate
36	34		means of securing appropriate compensation for the development or
37	35		purchase of intellectual property of the department; and
38	36		(4) waive or reduce the amount of a fee, royalty, or
39	37		other thing of monetary or nonmonetary value to be assessed by the
40	38		department if the department determines that the waiver will:
41	39		(A) further the goals and missions of the
42	40		department; and
43	41		(B) result in a net benefit to the state.
44	42		(b) Intellectual property for which the department has
45	43		applied for or received a patent, copyright, trademark, or other
46	44		evidence of protection or exclusivity is excepted from required
47	45		disclosure under Chapter 552, Government Code.
48	46		(c) Money paid to the department under this section shall be
49	47		deposited to the credit of the game, fish, and water safety account
50	48		or the state parks account, as appropriate.
51	49		(d) It is not a violation of Chapter 572, Government Code,
52	50		or another law of this state for an employee of the department who
53	51		conceives, creates, discovers, invents, or develops intellectual
54	52		property to own or to be awarded any amount of equity interest or
55	53		participation in the research, development, licensing, or
56	54		exploitation of that intellectual property with the approval of the
57	55		commission.
58	56		(e) The commission shall institute intellectual property
59	57		policies for the department that establish minimum standards for:
60	58		(1) the public disclosure or availability of products,
61	59		technology, and scientific information, including inventions,
62	60		discoveries, trade secrets, and computer software;
63	61		(2) review by the department of products, technology,
64	62		and scientific information, including consideration of ownership
65	63		and appropriate legal protection;
66	64		(3) the licensing of products, technology, and
67	65		scientific information;
68	66		(4) the identification of ownership and licensing
69	67		responsibilities for each class of intellectual property; and
70	68		(5) royalty participation by inventors and the
71	69		department.
72	70		SECTION 2. This Act takes effect immediately if it receives
73	71		a vote of two-thirds of all the members elected to each house, as
74	72		provided by Section 39, Article III, Texas Constitution. If this
75	73		Act does not receive the vote necessary for immediate effect, this
76	74		Act takes effect September 1, 2015.
	75	+	______________________________ ______________________________
	76	+	President of the Senate Speaker of the House
	77	+	I hereby certify that S.B. No. 1132 passed the Senate on
	78	+	April 9, 2015, by the following vote: Yeas 31, Nays 0.
	79	+	______________________________
	80	+	Secretary of the Senate
	81	+	I hereby certify that S.B. No. 1132 passed the House on
	82	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	83	+	present not voting.
	84	+	______________________________
	85	+	Chief Clerk of the House
	86	+	Approved:
	87	+	______________________________
	88	+	Date
	89	+	______________________________
	90	+	Governor