SRC-MAX H.B. 1520 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1520
By: Berlanga (Harris)
International Relations, Trade & Technology
4-18-97
Committee Report (Amended)


DIGEST 

Currently, the Texas Department of Health (TDH) is involved with projects
that result in the purchase  or development of intellectual property.
Although many of the items that are classified as intellectual property
are marketable, TDH only has the authority to sell software for which TDH
holds the copyright.  It has been demonstrated that marketable
intellectual property developed by TDH and paid for with taxpayer funds
can be obtained and resold by the private sector for profit. This bill
allows TDH to market intellectual property and provides that the monies
generated from such marketing are to benefit the state.    

PURPOSE

As proposed, H.B. 1520 authorizes the Texas Department of Health to hold,
protect, and market intellectual property for the benefit of the state. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 12B, Health and Safety Code, by adding Section
12.020, as follows: 

Sec.  12.020.  PROTECTION AND USE OF INTELLECTUAL PROPERTY.  Authorizes
the Texas Department of Health (TDH) to perform certain functions
regarding intellectual property.   Provides that intellectual property for
which TDH has applied for or received a patent, copyright, trademark, or
other evidence of protection or exclusivity is excepted from required
disclosure under Chapter 552, Government Code.  Requires money paid to TDH
to be deposited to the credit of the general revenue fund, except as
otherwise provided in Section 2054.115, Government Code.  Provides that it
is not a violation of Chapter 573, Government Code, or another law of this
state for an employee of TDH or certain other individuals to attend to
certain matters.  Requires the commissioner of health to institute
intellectual property polices for TDH that establish minimum standards for
certain items.   

SECTION 2. Emergency clause.
  Effective date:  upon passage. 

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 2, line 1, strike "nonexclusive".

Page 2, line 4, makes a conforming change.

Page 2, line 20, after "fund" to insert "except as otherwise provided in
Section 2054.115, Government Code." 

Page 2, line 22, strike ";".
 Page 2, line 23, strike "(1)."

Page 2, line 27, strike "; or" and replace with ".".

Page 3, lines 1-7, strike Subdivision (2).

Page 3, line 19, strike ";" and replace with "; and".

Page 2, line 21, strike "; and" and replace with "."

Page 3, lines 22-24, strike Subdivision (6).