Texas 2017 - 85th Regular

Texas Senate Bill SB1422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Estes S.B. No. 1422
2		-	(Gonzales of Williamson)
	1	+	S.B. No. 1422
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the protection and use of intellectual property by the
8	6		Railroad Commission of Texas.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subchapter B, Chapter 81, Natural Resources
11	9		Code, is amended by adding Section 81.021 to read as follows:
12	10		Sec. 81.021. INTELLECTUAL PROPERTY. (a) The commission
13	11		may:
14	12		(1) apply for, register, secure, hold, and protect
15	13		under the laws of the United States or any state or nation:
16	14		(A) a patent for the invention, discovery, or
17	15		improvement of any process, machine, manufacture, or composition of
18	16		matter;
19	17		(B) a copyright for an original work of
20	18		authorship fixed in any tangible medium of expression, known or
21	19		later developed, from which it can be perceived, reproduced, or
22	20		otherwise communicated, either directly or with the aid of a
23	21		machine or device;
24	22		(C) a trademark, service mark, collective mark,
25	23		or certification mark for a word, name, symbol, device, or slogan
26	24		that the commission uses to identify and distinguish the
27	25		commission's goods and services from other goods and services; or
28	26		(D) other evidence of protection or exclusivity
29	27		issued for intellectual property;
30	28		(2) contract with a person for the sale, lease,
31	29		marketing, or other distribution of the commission's intellectual
32	30		property;
33	31		(3) obtain under a contract described in Subdivision
34	32		(2) a royalty, license right, or other appropriate means of
35	33		securing reasonable compensation for the development or purchase of
36	34		the commission's intellectual property; and
37	35		(4) waive or reduce the amount of compensation secured
38	36		by contract under Subdivision (3) if the commission determines that
39	37		the waiver or reduction will:
40	38		(A) further a goal or mission of the commission;
41	39		and
42	40		(B) result in a net benefit to the state.
43	41		(b) Money paid to the commission under this section shall be
44	42		deposited to the credit of the oil and gas regulation and cleanup
45	43		fund as provided by Section 81.067.
46	44		SECTION 2. Section 81.067(c), Natural Resources Code, is
47	45		amended to read as follows:
48	46		(c) The fund consists of:
49	47		(1) proceeds from bonds and other financial security
50	48		required by this chapter and benefits under well-specific plugging
51	49		insurance policies described by Section 91.104(c) that are paid to
52	50		the state as contingent beneficiary of the policies, subject to the
53	51		refund provisions of Section 91.1091, if applicable;
54	52		(2) private contributions, including contributions
55	53		made under Section 89.084;
56	54		(3) expenses collected under Section 89.083;
57	55		(4) fees imposed under Section 85.2021;
58	56		(5) costs recovered under Section 91.457 or 91.459;
59	57		(6) proceeds collected under Sections 89.085 and
60	58		91.115;
61	59		(7) interest earned on the funds deposited in the
62	60		fund;
63	61		(8) oil and gas waste hauler permit application fees
64	62		collected under Section 29.015, Water Code;
65	63		(9) costs recovered under Section 91.113(f);
66	64		(10) hazardous oil and gas waste generation fees
67	65		collected under Section 91.605;
68	66		(11) oil-field cleanup regulatory fees on oil
69	67		collected under Section 81.116;
70	68		(12) oil-field cleanup regulatory fees on gas
71	69		collected under Section 81.117;
72	70		(13) fees for a reissued certificate collected under
73	71		Section 91.707;
74	72		(14) fees collected under Section 91.1013;
75	73		(15) fees collected under Section 89.088;
76	74		(16) fees collected under Section 91.142;
77	75		(17) fees collected under Section 91.654;
78	76		(18) costs recovered under Sections 91.656 and 91.657;
79	77		(19) fees collected under Section 81.0521;
80	78		(20) fees collected under Sections 89.024 and 89.026;
81	79		(21) legislative appropriations;
82	80		(22) any surcharges collected under Section 81.070;
83	81		(23) fees collected under Section 91.0115;
84	82		(24) [money deposited to the credit of the fund under
85	83		Section 81.112;
86	84		[(25)] fees collected under Subchapter E, Chapter 121,
87	85		Utilities Code; [and]
88	86		(25) [(26)] fees collected under Section 27.0321,
89	87		Water Code; and
90	88		(26) money collected under Section 81.021.
91	89		SECTION 3. To the extent of any conflict, this Act prevails
92	90		over another Act of the 85th Legislature, Regular Session, 2017,
93	91		relating to nonsubstantive additions to and corrections in enacted
94	92		codes.
95	93		SECTION 4. This Act takes effect immediately if it receives
96	94		a vote of two-thirds of all the members elected to each house, as
97	95		provided by Section 39, Article III, Texas Constitution. If this
98	96		Act does not receive the vote necessary for immediate effect, this
99	97		Act takes effect September 1, 2017.
	98	+	______________________________ ______________________________
	99	+	President of the Senate Speaker of the House
	100	+	I hereby certify that S.B. No. 1422 passed the Senate on
	101	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	102	+	______________________________
	103	+	Secretary of the Senate
	104	+	I hereby certify that S.B. No. 1422 passed the House on
	105	+	May 9, 2017, by the following vote: Yeas 144, Nays 1, two present
	106	+	not voting.
	107	+	______________________________
	108	+	Chief Clerk of the House
	109	+	Approved:
	110	+	______________________________
	111	+	Date
	112	+	______________________________
	113	+	Governor