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.