Texas 2017 - 85th Regular

Texas House Bill HB2638 Compare Versions

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1	1	85R7389 JXC-F
2	2	By: Gonzales of Williamson H.B. No. 2638
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection and use of intellectual property by the
8	8	Railroad Commission of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 81, Natural Resources
11	11	Code, is amended by adding Section 81.021 to read as follows:
12	12	Sec. 81.021. INTELLECTUAL PROPERTY. (a) The commission
13	13	may:
14	14	(1) apply for, register, secure, hold, and protect
15	15	under the laws of the United States or any state or nation:
16	16	(A) a patent for the invention, discovery, or
17	17	improvement of any process, machine, manufacture, or composition of
18	18	matter;
19	19	(B) a copyright for an original work of
20	20	authorship fixed in any tangible medium of expression, known or
21	21	later developed, from which it can be perceived, reproduced, or
22	22	otherwise communicated, either directly or with the aid of a
23	23	machine or device;
24	24	(C) a trademark, service mark, collective mark,
25	25	or certification mark for a word, name, symbol, device, or slogan
26	26	that the commission uses to identify and distinguish the
27	27	commission's goods and services from other goods and services; or
28	28	(D) other evidence of protection or exclusivity
29	29	issued for intellectual property;
30	30	(2) contract with a person for the sale, lease,
31	31	marketing, or other distribution of the commission's intellectual
32	32	property;
33	33	(3) obtain under a contract described in Subdivision
34	34	(2) a royalty, license right, or other appropriate means of
35	35	securing reasonable compensation for the development or purchase of
36	36	the commission's intellectual property; and
37	37	(4) waive or reduce the amount of compensation secured
38	38	by contract under Subdivision (3) if the commission determines that
39	39	the waiver or reduction will:
40	40	(A) further a goal or mission of the commission;
41	41	and
42	42	(B) result in a net benefit to the state.
43	43	(b) Money paid to the commission under this section shall be
44	44	deposited to the credit of the oil and gas regulation and cleanup
45	45	fund as provided by Section 81.067.
46	46	SECTION 2. Section 81.067(c), Natural Resources Code, is
47	47	amended to read as follows:
48	48	(c) The fund consists of:
49	49	(1) proceeds from bonds and other financial security
50	50	required by this chapter and benefits under well-specific plugging
51	51	insurance policies described by Section 91.104(c) that are paid to
52	52	the state as contingent beneficiary of the policies, subject to the
53	53	refund provisions of Section 91.1091, if applicable;
54	54	(2) private contributions, including contributions
55	55	made under Section 89.084;
56	56	(3) expenses collected under Section 89.083;
57	57	(4) fees imposed under Section 85.2021;
58	58	(5) costs recovered under Section 91.457 or 91.459;
59	59	(6) proceeds collected under Sections 89.085 and
60	60	91.115;
61	61	(7) interest earned on the funds deposited in the
62	62	fund;
63	63	(8) oil and gas waste hauler permit application fees
64	64	collected under Section 29.015, Water Code;
65	65	(9) costs recovered under Section 91.113(f);
66	66	(10) hazardous oil and gas waste generation fees
67	67	collected under Section 91.605;
68	68	(11) oil-field cleanup regulatory fees on oil
69	69	collected under Section 81.116;
70	70	(12) oil-field cleanup regulatory fees on gas
71	71	collected under Section 81.117;
72	72	(13) fees for a reissued certificate collected under
73	73	Section 91.707;
74	74	(14) fees collected under Section 91.1013;
75	75	(15) fees collected under Section 89.088;
76	76	(16) fees collected under Section 91.142;
77	77	(17) fees collected under Section 91.654;
78	78	(18) costs recovered under Sections 91.656 and 91.657;
79	79	(19) fees collected under Section 81.0521;
80	80	(20) fees collected under Sections 89.024 and 89.026;
81	81	(21) legislative appropriations;
82	82	(22) any surcharges collected under Section 81.070;
83	83	(23) fees collected under Section 91.0115;
84	84	(24) [money deposited to the credit of the fund under
85	85	Section 81.112;
86	86	[(25)] fees collected under Subchapter E, Chapter 121,
87	87	Utilities Code; [and]
88	88	(25) [(26)] fees collected under Section 27.0321,
89	89	Water Code; and
90	90	(26) money collected under Section 81.021.
91	91	SECTION 3. To the extent of any conflict, this Act prevails
92	92	over another Act of the 85th legislature, Regular Session, 2017,
93	93	relating to nonsubstantive additions to and corrections in enacted
94	94	codes.
95	95	SECTION 4. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2017.