LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 29, 1997
         
         
      TO: Honorable James E. "Pete" Laney            IN RE:  House Bill No. 1520, As Passed 2nd House
          Speaker of the House                Berlanga
          House of Representatives
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB1520 ( relating 
to the protection and use of certain products, information, 
and technology of the Texas Department of Health.) this office 
has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB1520-As Passed 2nd House
         
No significant fiscal implication to the State is anticipated.
         
The bill adds Section 12.020 to the Health and Safety Code. 
This new section allows the Department of Health to obtain protection 
for and use intellectual property. The department may apply 
for and hold a patent, copyright, trademark, or other evidence 
of protection for intellectual property. The bill allows the 
department to enter into a contract with an individual or company 
to sell, lease, or market the department's intellectual property. 
Intellectual property for which the department has evidence 
of protection is excepted from the disclosure requirements of 
the open records law, Chapter 552 of the Government Code.   
Money paid to the department under this section shall be deposited 
to the credit of the General Revenue Fund, except as provided 
by Section 2054.115 of the Government Code.

The bill could 
potentially generate revenue from royalties or other compensation 
from contracts entered into for the development or purchase 
of the department's intellectual property.  The department estimates 
that any new revenues would not be significant for the five 
years following passage of this bill.
         
 
          
No fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,TH ,BB