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.