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 * * * * *