By Greenberg H.B. No. 1168 75R4130 LJR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the Texas Manufacturing Institute. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 484.001, Government Code, is amended to 1-5 read as follows: 1-6 Sec. 484.001. ESTABLISHMENT. The Texas Manufacturing 1-7 Institute consists of governmental agencies, educational 1-8 institutions, and other entities, involved in the promotion of 1-9 manufacturing, that join as members of the institute. The 1-10 institute may be established as a nonprofit organization to carry 1-11 out the purposes of this chapter. 1-12 SECTION 2. Section 484.003, Government Code, is amended to 1-13 read as follows: 1-14 Sec. 484.003. POLICY BOARD. The institute is governed by a 1-15 policy board composed of the executive director of the Texas 1-16 Department of Commerce, one member appointed by each member 1-17 institution, a member appointed by the lieutenant governor, and a 1-18 member appointed by the speaker of the house of representatives. 1-19 The policy board shall elect the chairman from among the policy 1-20 board's members. The chairman serves a two-year term. A person 1-21 who has been chairman is not eligible to be elected chairman. The 1-22 policy board shall establish policies and strategies necessary for 1-23 the institute to accomplish the purposes of this chapter. 1-24 SECTION 3. Chapter 484, Government Code, is amended by 2-1 adding Sections 484.008 and 484.009 to read as follows: 2-2 Sec. 484.008. INFORMATION CONFIDENTIAL. (a) Information 2-3 relating to a product or process, and the application or use of a 2-4 product or process, and technological and scientific information, 2-5 including computer programs, developed in whole or part by a 2-6 customer of the institute is confidential and is not subject to 2-7 disclosure under state law or otherwise, regardless of whether the 2-8 product is patentable or capable of being registered under 2-9 copyright or trademark laws or has a potential for being sold, 2-10 traded, or licensed for a fee. 2-11 (b) Nothing in this chapter prevents or restricts the Texas 2-12 Department of Commerce from obtaining information relating to a 2-13 product or process from an applicant or recipient of institute 2-14 services or from obtaining information related to the results of 2-15 services provided to the customer. 2-16 Sec. 484.009. IMMUNITY FROM LIABILITY. (a) A member of the 2-17 policy board or another person acting on behalf of the institute in 2-18 executing a contract, commitment, or agreement under this chapter 2-19 is not personally liable on the contract, commitment, or agreement. 2-20 (b) A member of the policy board or another person acting on 2-21 behalf of the institute is not personally liable for damage or 2-22 injury resulting from the performance of duties under this chapter. 2-23 SECTION 4. Section 484.004, Government Code, is repealed. 2-24 SECTION 5. The lieutenant governor and the speaker of the 2-25 house of representatives shall make their appointments to the 2-26 policy board of the Texas Manufacturing Institute as soon as 2-27 practicable after the effective date of this Act. Until those 3-1 appointments are made, a quorum of the policy board is a majority 3-2 of the members of the policy board who have qualified for office. 3-3 SECTION 6. This Act takes effect September 1, 1997. 3-4 SECTION 7. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.