1-1 AN ACT
1-2 relating to the protection and use of certain products,
1-3 information, and technology of the Texas Department of Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 12, Health and Safety Code,
1-6 is amended by adding Section 12.020 to read as follows:
1-7 Sec. 12.020. PROTECTION AND USE OF INTELLECTUAL PROPERTY.
1-8 (a) The department may:
1-9 (1) apply for, register, secure, hold, and protect
1-10 under the laws of the United States, any state, or any nation:
1-11 (A) a patent for an invention or discovery of,
1-12 or improvement to, any process, machine, manufacture, or
1-13 composition of matter;
1-14 (B) a copyright for an original work of
1-15 authorship fixed in any tangible medium of expression now known or
1-16 later developed that can be perceived, reproduced, or otherwise
1-17 communicated;
1-18 (C) a trademark, service mark, collective mark,
1-19 or certification mark for a word, name, symbol, device, or slogan,
1-20 or any combination of those items, that has been adopted and used
1-21 by the department to identify goods or services and distinguish
1-22 those goods or services from other goods or services; or
1-23 (D) other evidence of protection or exclusivity
1-24 issued in or for intellectual property;
2-1 (2) enter into a contract with an individual or
2-2 company for the sale, lease, marketing, or other distribution of
2-3 intellectual property of the department;
2-4 (3) obtain under a contract entered into under
2-5 Subdivision (2) a royalty, license right, or other appropriate
2-6 means of securing appropriate compensation for the development or
2-7 purchase of intellectual property of the department; and
2-8 (4) waive or reduce the amount of a fee, royalty, or
2-9 other thing of monetary or nonmonetary value to be assessed by the
2-10 department if the department determines that the waiver will:
2-11 (A) further the goals and missions of the
2-12 department; and
2-13 (B) result in a net benefit to the state.
2-14 (b) Intellectual property for which the department has
2-15 applied for or received a patent, copyright, trademark, or other
2-16 evidence of protection or exclusivity is excepted from required
2-17 disclosure under Chapter 552, Government Code.
2-18 (c) Money paid to the department under this section shall be
2-19 deposited to the credit of the general revenue fund except as
2-20 otherwise provided in Section 2054.115, Government Code.
2-21 (d) It is not a violation of Chapter 572, Government Code,
2-22 or another law of this state for an employee of the department who
2-23 conceives, creates, discovers, invents, or develops intellectual
2-24 property to own or to be awarded any amount of equity interest or
2-25 participation in the research, development, licensing, or
2-26 exploitation of that intellectual property with the approval of the
2-27 commissioner.
3-1 (e) The commissioner shall institute intellectual property
3-2 policies for the department that establish minimum standards for:
3-3 (1) the public disclosure or availability of products,
3-4 technology, and scientific information, including inventions,
3-5 discoveries, trade secrets, and computer software;
3-6 (2) review by the department of products, technology,
3-7 and scientific information, including consideration of ownership
3-8 and appropriate legal protection;
3-9 (3) the licensing of products, technology, and
3-10 scientific information;
3-11 (4) the identification of ownership and licensing
3-12 responsibilities for each class of intellectual property; and
3-13 (5) royalty participation by inventors and the
3-14 department.
3-15 SECTION 2. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1520 was passed by the House on April
8, 1997, by the following vote: Yeas 145, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1520 on May 5, 1997, by the following vote: Yeas 147, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1520 was passed by the Senate, with
amendments, on April 28, 1997, by the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor