S.B. No. 1470
AN ACT
1-1 relating to intellectual property rights and publications of the
1-2 Texas Department of Transportation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-5 amended by adding Article 6673a-4 to read as follows:
1-6 Art. 6673a-4. USE OF INTELLECTUAL PROPERTY.
1-7 (a) Notwithstanding any other provision of law, the Texas
1-8 Department of Transportation may:
1-9 (1) apply for, register, secure, hold, and protect
1-10 patents, copyrights, trademarks, or other evidence of protection or
1-11 exclusivity issued under the laws of the United States, any state,
1-12 or any nation, including ideas, publications, and other original
1-13 innovations fixed in a tangible medium, including but not limited
1-14 to:
1-15 (A) literary works;
1-16 (B) logos;
1-17 (C) service marks;
1-18 (D) studies;
1-19 (E) maps and planning documents;
1-20 (F) engineering, architectural, and graphic
1-21 designs;
1-22 (G) manuals;
1-23 (H) automated systems software;
2-1 (I) audiovisual works;
2-2 (J) sound recordings; and
2-3 (K) travel literature, including but not limited
2-4 to pamphlets, bulletins, books, maps, periodicals, and electronic
2-5 information published or produced under Section 3, Chapter 193,
2-6 Acts of the 56th Legislature, Regular Session, 1959 (Article 6144e,
2-7 Vernon's Texas Civil Statutes);
2-8 (2) enter into nonexclusive license agreements with
2-9 any third party for the receipt of fees, royalties, or other thing
2-10 of monetary or nonmonetary value;
2-11 (3) waive or reduce the amount of fees, royalties, or
2-12 other monetary or nonmonetary value to be assessed if the
2-13 department determines that such waiver will further the goals and
2-14 missions of the department and result in a net benefit to the
2-15 state; and
2-16 (4) adopt and enforce rules necessary to carry out
2-17 this article.
2-18 (b) Money paid to the Texas Department of Transportation
2-19 under this article shall be deposited in the state treasury to the
2-20 credit of the state highway fund. Sections 403.094(h) and 403.095,
2-21 Government Code, do not apply to funds deposited in the state
2-22 highway fund under this subsection.
2-23 SECTION 2. Section 3, Chapter 193, Acts of the 56th
2-24 Legislature, Regular Session, 1959 (Article 6144e, Vernon's Texas
2-25 Civil Statutes), is amended to read as follows:
3-1 Sec. 3. DUTIES OF THE TEXAS <HIGHWAY> DEPARTMENT OF
3-2 TRANSPORTATION. (a)(1) For the purpose of dissemination of
3-3 information relative to highway construction, repair, maintenance,
3-4 and upkeep, and for the purpose of advertising the highways of this
3-5 state and attracting traffic thereto, the Texas Department of
3-6 Transportation is empowered to compile and publish<,> for <free>
3-7 distribution<,> such pamphlets, bulletins, and documents as it will
3-8 deem necessary and expedient for informational and publicity
3-9 purposes concerning the highways of the state, and with respect to
3-10 public parks, recreational grounds, scenic places, and other public
3-11 places and scenic areas or objects of interest, data as to
3-12 distances, historical facts, and other items or matters of interest
3-13 and value to the general public and road users; and said Department
3-14 is authorized and empowered to make or cause to be made from time
3-15 to time a map or maps showing thereon the highways of the state and
3-16 the towns, cities, and other places of interest served and reached
3-17 by said highways, and may cause to be printed, published, and
3-18 prepared in such manner or form as the Department may deem best,
3-19 all of such information and data and provide for the distribution
3-20 and dissemination of the same in such manner and method and to such
3-21 extent as in the opinion of the Department will best serve the
3-22 motoring public and road users.
3-23 (2)(A) Single copies of pamphlets, documents, maps,
3-24 and other travel materials distributed by the Department under
3-25 Subdivision (1) of this subsection shall be provided free of
4-1 charge, provided that the Department by rule may require payment
4-2 for large quantities of such materials in an amount sufficient to
4-3 recover its direct and indirect production costs and authorize the
4-4 free distribution of multiple copies if such distribution will
4-5 maximize the resources of the Department that are available to
4-6 advertise the highways of the state and to promote travel to and
4-7 within the state. Money paid to the Department under this
4-8 subdivision shall be deposited in the state treasury to the credit
4-9 of the State Highway Fund to be used by the Department in the
4-10 production of travel materials. Sections 403.094(h) and 403.095,
4-11 Government Code, do not apply to funds deposited in the State
4-12 Highway Fund under this subdivision.
4-13 (B) If the provisions of Paragraph (A) of this
4-14 subdivision conflict with the provisions of a license agreement
4-15 under Article 6673a-4, Revised Statutes, the license agreement
4-16 shall prevail to the extent of that conflict.
4-17 (3) The Department shall maintain and operate Travel
4-18 Information Centers <Bureaus> at the principal gateways to Texas
4-19 for the purpose of providing road information, travel guidance, and
4-20 various descriptive materials, pamphlets, and booklets designed to
4-21 furnish aid and assistance to the traveling public and stimulate
4-22 travel to and within Texas.
4-23 (4) The <Texas Highway> Department is authorized and
4-24 empowered to pay the cost of all administration, operation, and the
4-25 cost of developing and publishing various material and the
5-1 dissemination thereof, including the cost of operating Travel
5-2 Information Centers <Bureaus> from highway revenues. The <Texas
5-3 Highway> Department is further empowered to receive and administer
5-4 a legislative appropriation from the general fund for the specific
5-5 purpose of purchasing advertising space in periodicals of national
5-6 circulation, and/or time on broadcasting facilities.
5-7 (5) The Department shall have the power to enter into
5-8 contracts with a recognized and financially responsible advertising
5-9 agency, having a minimum of five years of experience in handling
5-10 accounts of similar scope, and for the contracting of space in
5-11 magazines, papers, and periodicals for the publication of such
5-12 advertising information, historical facts, statistics and pictures
5-13 as will be useful and informative to persons, and corporations
5-14 outside the State of Texas, and shall have the power to enter into
5-15 contracts with motion picture producers and others for the taking
5-16 of moving or still pictures in the state, and provide for the
5-17 showing of the films when taken, and the Department may join with
5-18 other governmental departments of the state in publishing such
5-19 informational publicity matter.
5-20 (b) The Texas <Highway> Department of Transportation may
5-21 accept contributions for the above purposes from private sources,
5-22 which funds may be deposited in a bank or banks to be used at the
5-23 discretion of the Department in compliance with the wishes of the
5-24 donor.
5-25 (c) The Texas <State> Department of <Highways and Public>
6-1 Transportation may contract with private entities for the
6-2 production, marketing, and distribution of pamphlets, bulletins,
6-3 documents, and other travel materials published under Subsection
6-4 (a) of this section on terms and conditions considered by the
6-5 department to be beneficial to the state, including terms providing
6-6 cost savings. A contract may include cooperative strategies
6-7 considered by the department to be cost-beneficial and provide for
6-8 the acceptance of paid advertising in the travel materials if the
6-9 quality and quantity of the travel materials is maintained.
6-10 (d) The Texas <State> Department of <Highways and Public>
6-11 Transportation may sell promotional items such as calendars, books,
6-12 prints, caps, light clothing, or other items approved by the Texas
6-13 <State Highway and Public> Transportation Commission as advertising
6-14 the resources of Texas. All proceeds from the sale of the items
6-15 shall be deposited in the state treasury to the credit of the State
6-16 Highway Fund for the use of the department in its travel and
6-17 information operations. Sections 403.094(h) and 403.095,
6-18 Government Code, do not apply to funds deposited in the State
6-19 Highway Fund under this subsection.
6-20 (e) The Texas Department of Transportation shall publish the
6-21 official travel magazine of the State of Texas, Texas Highways, and
6-22 shall set subscription rates and other charges for the magazine at
6-23 a level that will generate receipts approximately sufficient to
6-24 cover the costs incurred in the production and distribution of the
6-25 magazine.
7-1 SECTION 3. The importance of this legislation and the
7-2 crowded condition of the calendars in both houses create an
7-3 emergency and an imperative public necessity that the
7-4 constitutional rule requiring bills to be read on three several
7-5 days in each house be suspended, and this rule is hereby suspended,
7-6 and that this Act take effect and be in force from and after its
7-7 passage, and it is so enacted.