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.