1-1 By: Berlanga (Senate Sponsor - Harris) H.B. No. 1520 1-2 (In the Senate - Received from the House April 9, 1997; 1-3 April 10, 1997, read first time and referred to Committee on 1-4 International Relations, Trade, and Technology; April 21, 1997, 1-5 reported favorably, as amended, by the following vote: Yeas 9, 1-6 Nays 0; April 21, 1997, sent to printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Truan 1-8 Amend H.B. No. 1520 as follows: 1-9 1. In SECTION 1, Sec. 12.020(a), (page 1, line 53), strike 1-10 "nonexclusive". 1-11 2. In SECTION 1, Sec. 12.020(a), (page 1, line 56), strike 1-12 "nonexclusive". 1-13 3. In SECTION 1, Sec. 12.020(c), (page 2, line 9), after "fund" 1-14 add "except as otherwise provided in Section 2054.115, Government 1-15 Code". 1-16 4. In SECTION 1, Sec. 12.020(d), (page 2, line 11), strike ":". 1-17 5. In SECTION 1, Sec. 12.020(d), (page 2, line 12), strike "(1)". 1-18 6. In SECTION 1, Sec. 12.020(d), (page 2, line 16), strike "; or" 1-19 and substitute ".". 1-20 7. In SECTION 1, Sec. 12.020(d), (page 2, lines 17 through 23), 1-21 strike Subdivision (2). 1-22 8. In SECTION 1, Sec. 12.020(e)(4), (page 2, line 35), strike ";" 1-23 and substitute "; and". 1-24 9. In SECTION 1, Sec. 12.020(e)(5), (page 2, line 37), strike "; 1-25 and" and substitute ".". 1-26 10. In SECTION 1, Sec. 12.020(e), (page 2, lines 38 through 40), 1-27 strike Subdivision (6). 1-28 A BILL TO BE ENTITLED 1-29 AN ACT 1-30 relating to the protection and use of certain products, 1-31 information, and technology of the Texas Department of Health. 1-32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-33 SECTION 1. Subchapter B, Chapter 12, Health and Safety Code, 1-34 is amended by adding Section 12.020 to read as follows: 1-35 Sec. 12.020. PROTECTION AND USE OF INTELLECTUAL PROPERTY. 1-36 (a) The department may: 1-37 (1) apply for, register, secure, hold, and protect 1-38 under the laws of the United States, any state, or any nation: 1-39 (A) a patent for an invention or discovery of, 1-40 or improvement to, any process, machine, manufacture, or 1-41 composition of matter; 1-42 (B) a copyright for an original work of 1-43 authorship fixed in any tangible medium of expression now known or 1-44 later developed that can be perceived, reproduced, or otherwise 1-45 communicated; 1-46 (C) a trademark, service mark, collective mark, 1-47 or certification mark for a word, name, symbol, device, or slogan, 1-48 or any combination of those items, that has been adopted and used 1-49 by the department to identify goods or services and distinguish 1-50 those goods or services from other goods or services; or 1-51 (D) other evidence of protection or exclusivity 1-52 issued in or for intellectual property; 1-53 (2) enter into a nonexclusive contract with an 1-54 individual or company for the sale, lease, marketing, or other 1-55 distribution of intellectual property of the department; 1-56 (3) obtain under a nonexclusive contract entered into 1-57 under Subdivision (2) a royalty, license right, or other 1-58 appropriate means of securing appropriate compensation for the 1-59 development or purchase of intellectual property of the department; 1-60 and 1-61 (4) waive or reduce the amount of a fee, royalty, or 1-62 other thing of monetary or nonmonetary value to be assessed by the 1-63 department if the department determines that the waiver will: 1-64 (A) further the goals and missions of the 2-1 department; and 2-2 (B) result in a net benefit to the state. 2-3 (b) Intellectual property for which the department has 2-4 applied for or received a patent, copyright, trademark, or other 2-5 evidence of protection or exclusivity is excepted from required 2-6 disclosure under Chapter 552, Government Code. 2-7 (c) Money paid to the department under this section shall be 2-8 deposited to the credit of the general revenue fund. 2-9 (d) It is not a violation of Chapter 572, Government Code, 2-10 or another law of this state: 2-11 (1) for an employee of the department who conceives, 2-12 creates, discovers, invents, or develops intellectual property to 2-13 own or to be awarded any amount of equity interest or participation 2-14 in the research, development, licensing, or exploitation of that 2-15 intellectual property with the approval of the commissioner; or 2-16 (2) for an individual, at the request of the 2-17 commissioner, to serve as a member of the board of directors or 2-18 other governing board of a business entity that has an agreement 2-19 with this state or a political subdivision of this state relating 2-20 to the research, development, licensing, or exploitation of 2-21 intellectual property in which the department has an ownership 2-22 interest. 2-23 (e) The commissioner shall institute intellectual property 2-24 policies for the department that establish minimum standards for: 2-25 (1) the public disclosure or availability of products, 2-26 technology, and scientific information, including inventions, 2-27 discoveries, trade secrets, and computer software; 2-28 (2) review by the department of products, technology, 2-29 and scientific information, including consideration of ownership 2-30 and appropriate legal protection; 2-31 (3) the licensing of products, technology, and 2-32 scientific information; 2-33 (4) the identification of ownership and licensing 2-34 responsibilities for each class of intellectual property; 2-35 (5) royalty participation by inventors and the 2-36 department; and 2-37 (6) equity and management participation on the part of 2-38 the inventor in business entities that use technology or scientific 2-39 information created at the department. 2-40 SECTION 2. The importance of this legislation and the 2-41 crowded condition of the calendars in both houses create an 2-42 emergency and an imperative public necessity that the 2-43 constitutional rule requiring bills to be read on three several 2-44 days in each house be suspended, and this rule is hereby suspended, 2-45 and that this Act take effect and be in force from and after its 2-46 passage, and it is so enacted. 2-47 * * * * *