BILL ANALYSIS


                                                        S.B. 1470
                                                       By: Turner
                                                    State Affairs
                                                          3-29-95
                                     Committee Report (Unamended)
BACKGROUND

The Texas Department of Transportation develops travel literature,
computer programs, and other intellectual property.  This property
is often obtained under the Open Records Act and used by private
companies for commercial purposes without department authorization.

PURPOSE

As proposed, S.B. 1470 protects the intellectual property rights of
the Texas Department of Transportation.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Transportation in SECTION 2 (Section
3(a), Article 6144e, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 1, Title 116, V.T.C.S., by adding Article
6673a-4, as follows:

     Art. 6673a-4.  USE OF INTELLECTUAL PROPERTY.  (a)  Sets forth
     the authorized actions of the Department of Transportation
     (department).
     
     (b)  Requires money paid to the department under this
       article to be deposited in the state treasury to the credit
       of the state highway fund.  Provides that Sections
       403.094(h) and 403.095, Government Code, do not apply to
       funds deposited in the state highway fund under this
       subsection.
       
SECTION 2. Amends Section 3, Article 6144e, V.T.C.S., as follows:

     Sec. 3.  New heading:  DUTIES OF THE TEXAS DEPARTMENT OF
     TRANSPORTATION.  (a)(1)  Makes a conforming change.
     
     (2)  Requires single copies of pamphlets, documents, maps,
         and other travel materials distributed by the department
         under Subdivision (1) of this subsection to be provided
         free of charge, provided that the department, by rule, may
         require payment for large quantities of such materials in
         an amount sufficient to recover its direct and indirect
         production costs and authorize the free distribution of
         multiple copies if such distribution will maximize the
         resources of the department that are available to
         advertise the highways of the state and to promote travel
         to and within the state.  Requires money paid to the
         department under this subdivision to be deposited in the
         state treasury to the credit of the state highway fund to
         be used by the department in the production of travel
         materials.  Makes a conforming change.  
         
           (B)  Provides that if the provisions of Paragraph (A)
         of this subdivision conflict with the provisions of a
         license agreement under Article 6673a-4, V.T.C.S., the
         license agreement shall prevail to the extent of that
         conflict.
         
         (3)-(5)  Make conforming and nonsubstantive changes.
         
         (b)-(d)  Make conforming changes.
       
       (e)  Requires the department to publish the official travel
       magazine of the State of Texas, Texas Highways, to set
       subscription rates and other charges for the magazine at a
       level that will generate receipts approximately sufficient
       to cover the costs incurred in the production and
       distribution of the magazine.
       
       SECTION 3.   Emergency clause.
           Effective date: upon passage.