By: McCall H.C.R. No. 4
73R825 JLZ-D
CONCURRENT RESOLUTION
1-1 WHEREAS, Commercialization of innovative technologies spurs
1-2 further innovation and economic growth, benefitting both the
1-3 private and public sectors; and
1-4 WHEREAS, In their endeavors to improve the delivery of
1-5 essential state services to the people of Texas, state agency
1-6 employees often have been at the forefront in the development,
1-7 adaptation, and creative application of new technologies; and
1-8 WHEREAS, Recent examples of such innovations include the
1-9 development of a computer program by the Office of the Comptroller
1-10 of Public Accounts that allows electronic filing of state sales tax
1-11 returns and the development by the Texas Department of
1-12 Transportation of a new system of materials testing using fiber
1-13 optic technology; and
1-14 WHEREAS, These and other technologies developed by state
1-15 employees have the potential for wider applications in the
1-16 marketplace, and their commercialization by the private sector
1-17 would not only help recapture the cost of development for the state
1-18 but would also provide additional incentive for state agencies to
1-19 continue seeking innovation in their efforts to serve the public;
1-20 and
1-21 WHEREAS, The rapid pace of technological innovation has,
1-22 however, outstripped the development of policies and procedures
1-23 governing the transfer of and access to innovative technologies,
1-24 and questions raised by the absence of clear and uniform policies
2-1 and procedures threaten to impede further development and
2-2 commercialization of emerging technologies; and
2-3 WHEREAS, The lack of adequate guidelines to facilitate
2-4 technology transfers between the public and private sectors raises
2-5 potentially troublesome legal questions regarding such issues as
2-6 ownership of intellectual property and the protection of ownership
2-7 rights, equity ownership by state personnel who have been
2-8 instrumental in the development of new technology, royalty
2-9 collection and disbursement, the application of the state's open
2-10 records and open meetings laws, and other related issues; and
2-11 WHEREAS, The state's two principal university systems, as a
2-12 result of a directive from the 69th Texas Legislature, began in
2-13 1985 to develop and adopt an intellectual property policy to ensure
2-14 intellectual property rights and to aid in technology transfer
2-15 between their component universities and industry; the benefits of
2-16 having a clear and concise policy governing such matters is evident
2-17 in the subsequent increase in the number of patents applied for and
2-18 granted since the implementation of these policies and procedures
2-19 at the two systems; and
2-20 WHEREAS, Although technology transfer from state agencies
2-21 differs from that involving state universities, the examples of The
2-22 University of Texas System and The Texas A&M University System have
2-23 proven the benefit to be derived from the sharing of new knowledge
2-24 with private industry and the commercialization of newly developed
2-25 technological resources; and
2-26 WHEREAS, It is incumbent upon this legislature, as existing
2-27 technologies evolve and new technologies emerge, to investigate
3-1 more fully the possibilities and ramifications inherent in the
3-2 transfer of these technologies from the public to the private
3-3 sector, and then to act decisively in order that the citizens of
3-4 this state be better served by continued improvements in
3-5 technology; now, therefore, be it
3-6 RESOLVED, That the 73rd Legislature of the State of Texas
3-7 hereby direct the House Committee on Science and Technology and the
3-8 Senate Committee on Economic Development to conduct a joint interim
3-9 study of policy issues relating to the transfer of innovative
3-10 technologies developed by the state and its employees; and, be it
3-11 further
3-12 RESOLVED, That, upon concluding this joint study, the
3-13 committees make a full report, including findings and
3-14 recommendations and drafts of any legislation considered necessary,
3-15 to the 74th Legislature when it convenes in January 1995.