1-1  By:  Turner                                           S.B. No. 1470
    1-2        (In the Senate - Filed March 13, 1995; March 21, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 29, 1995, reported favorably by the following vote:  Yeas 13,
    1-5  Nays 0; March 29, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to intellectual property rights and publications of the
    1-9  Texas Department of Transportation.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 1, Title 116, Revised Statutes, is
   1-12  amended by adding Article 6673a-4 to read as follows:
   1-13        Art. 6673a-4.  USE OF INTELLECTUAL PROPERTY.
   1-14  (a)  Notwithstanding any other provision of law, the Texas
   1-15  Department of Transportation may:
   1-16              (1)  apply for, register, secure, hold, and protect
   1-17  patents, copyrights, trademarks, or other evidence of protection or
   1-18  exclusivity issued under the laws of the United States, any state,
   1-19  or any nation, including ideas, publications, and other original
   1-20  innovations fixed in a tangible medium, including but not limited
   1-21  to:
   1-22                    (A)  literary works;
   1-23                    (B)  logos;
   1-24                    (C)  service marks;
   1-25                    (D)  studies;
   1-26                    (E)  maps and planning documents;
   1-27                    (F)  engineering, architectural, and graphic
   1-28  designs;
   1-29                    (G)  manuals;
   1-30                    (H)  automated systems software;
   1-31                    (I)  audiovisual works;
   1-32                    (J)  sound recordings; and
   1-33                    (K)  travel literature, including but not limited
   1-34  to pamphlets, bulletins, books, maps, periodicals, and electronic
   1-35  information published or produced under Section 3, Chapter 193,
   1-36  Acts of the 56th Legislature, Regular Session, 1959 (Article 6144e,
   1-37  Vernon's Texas Civil Statutes);
   1-38              (2)  enter into nonexclusive license agreements with
   1-39  any third party for the receipt of fees, royalties, or other thing
   1-40  of monetary or nonmonetary value;
   1-41              (3)  waive or reduce the amount of fees, royalties, or
   1-42  other monetary or nonmonetary value to be assessed if the
   1-43  department determines that such waiver will further the goals and
   1-44  missions of the department and result in a net benefit to the
   1-45  state; and
   1-46              (4)  adopt and enforce rules necessary to carry out
   1-47  this article.
   1-48        (b)  Money paid to the Texas Department of Transportation
   1-49  under this article shall be deposited in the state treasury to the
   1-50  credit of the state highway fund.  Sections 403.094(h) and 403.095,
   1-51  Government Code, do not apply to funds deposited in the state
   1-52  highway fund under this subsection.
   1-53        SECTION 2.  Section 3, Chapter 193, Acts of the 56th
   1-54  Legislature, Regular Session, 1959 (Article 6144e, Vernon's Texas
   1-55  Civil Statutes), is amended to read as follows:
   1-56        Sec. 3.  DUTIES OF THE TEXAS <HIGHWAY> DEPARTMENT OF
   1-57  TRANSPORTATION.  (a)(1)  For the purpose of dissemination of
   1-58  information relative to highway construction, repair, maintenance,
   1-59  and upkeep, and for the purpose of advertising the highways of this
   1-60  state and attracting traffic thereto, the Texas Department of
   1-61  Transportation is empowered to compile and publish<,> for <free>
   1-62  distribution<,> such pamphlets, bulletins, and documents as it will
   1-63  deem necessary and expedient for informational and publicity
   1-64  purposes concerning the highways of the state, and with respect to
   1-65  public parks, recreational grounds, scenic places, and other public
   1-66  places and scenic areas or objects of interest, data as to
   1-67  distances, historical facts, and other items or matters of interest
   1-68  and value to the general public and road users; and said Department
    2-1  is authorized and empowered to make or cause to be made from time
    2-2  to time a map or maps showing thereon the highways of the state and
    2-3  the towns, cities, and other places of interest served and reached
    2-4  by said highways, and may cause to be printed, published, and
    2-5  prepared in such manner or form as the Department may deem best,
    2-6  all of such information and data and provide for the distribution
    2-7  and dissemination of the same in such manner and method and to such
    2-8  extent as in the opinion of the Department will best serve the
    2-9  motoring public and road users.
   2-10              (2)(A)  Single copies of pamphlets, documents, maps,
   2-11  and other travel materials distributed by the Department under
   2-12  Subdivision (1) of this subsection shall be provided free of
   2-13  charge, provided that the Department by rule may require payment
   2-14  for large quantities of such materials in an amount sufficient to
   2-15  recover its direct and indirect production costs and authorize the
   2-16  free distribution of multiple copies if such distribution will
   2-17  maximize the resources of the Department that are available to
   2-18  advertise the highways of the state and to promote travel to and
   2-19  within the state.  Money paid to the Department under this
   2-20  subdivision shall be deposited in the state treasury to the credit
   2-21  of the State Highway Fund to be used by the Department in the
   2-22  production of travel materials.  Sections 403.094(h) and 403.095,
   2-23  Government Code, do not apply to funds deposited in the State
   2-24  Highway Fund under this subdivision.
   2-25                    (B)  If the provisions of Paragraph (A) of this
   2-26  subdivision conflict with the provisions of a license agreement
   2-27  under Article 6673a-4, Revised Statutes, the license agreement
   2-28  shall prevail to the extent of that conflict.
   2-29              (3)  The Department shall maintain and operate Travel
   2-30  Information Centers <Bureaus> at the principal gateways to Texas
   2-31  for the purpose of providing road information, travel guidance, and
   2-32  various descriptive materials, pamphlets, and booklets designed to
   2-33  furnish aid and assistance to the traveling public and stimulate
   2-34  travel to and within Texas.
   2-35              (4)  The <Texas Highway> Department is authorized and
   2-36  empowered to pay the cost of all administration, operation, and the
   2-37  cost of developing and publishing various material and the
   2-38  dissemination thereof, including the cost of operating Travel
   2-39  Information Centers <Bureaus> from highway revenues.  The <Texas
   2-40  Highway> Department is further empowered to receive and administer
   2-41  a legislative appropriation from the general fund for the specific
   2-42  purpose of purchasing advertising space in periodicals of national
   2-43  circulation, and/or time on broadcasting facilities.
   2-44              (5)  The Department shall have the power to enter into
   2-45  contracts with a recognized and financially responsible advertising
   2-46  agency, having a minimum of five years of experience in handling
   2-47  accounts of similar scope, and for the contracting of space in
   2-48  magazines, papers, and periodicals for the publication of such
   2-49  advertising information, historical facts, statistics and pictures
   2-50  as will be useful and informative to persons, and corporations
   2-51  outside the State of Texas, and shall have the power to enter into
   2-52  contracts with motion picture producers and others for the taking
   2-53  of moving or still pictures in the state, and provide for the
   2-54  showing of the films when taken, and the Department may join with
   2-55  other governmental departments of the state in publishing such
   2-56  informational publicity matter.
   2-57        (b)  The Texas <Highway> Department of Transportation may
   2-58  accept contributions for the above purposes from private sources,
   2-59  which funds may be deposited in a bank or banks to be used at the
   2-60  discretion of the Department in compliance with the wishes of the
   2-61  donor.
   2-62        (c)  The Texas <State> Department of <Highways and Public>
   2-63  Transportation may contract with private entities for the
   2-64  production, marketing, and distribution of pamphlets, bulletins,
   2-65  documents, and other travel materials published under Subsection
   2-66  (a) of this section on terms and conditions considered by the
   2-67  department to be beneficial to the state, including terms providing
   2-68  cost savings.  A contract may include cooperative strategies
   2-69  considered by the department to be cost-beneficial and provide for
   2-70  the acceptance of paid advertising in the travel materials if the
    3-1  quality and quantity of the travel materials is maintained.
    3-2        (d)  The Texas <State> Department of <Highways and Public>
    3-3  Transportation may sell promotional items such as calendars, books,
    3-4  prints, caps, light clothing, or other items approved by the Texas
    3-5  <State Highway and Public> Transportation Commission as advertising
    3-6  the resources of Texas.  All proceeds from the sale of the items
    3-7  shall be deposited in the state treasury to the credit of the State
    3-8  Highway Fund for the use of the department in its travel and
    3-9  information operations.  Sections 403.094(h) and 403.095,
   3-10  Government Code, do not apply to funds deposited in the State
   3-11  Highway Fund under this subsection.
   3-12        (e)  The Texas Department of Transportation shall publish the
   3-13  official travel magazine of the State of Texas, Texas Highways, and
   3-14  shall set subscription rates and other charges for the magazine at
   3-15  a level that will generate receipts approximately sufficient to
   3-16  cover the costs incurred in the production and distribution of the
   3-17  magazine.
   3-18        SECTION 3.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended,
   3-23  and that this Act take effect and be in force from and after its
   3-24  passage, and it is so enacted.
   3-25                               * * * * *