By Tillery H.B. No. 2356
77R6607 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deposit of a portion of royalties received by
1-3 institutions of higher education from intellectual property to the
1-4 credit of the general revenue fund.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 51, Education Code, is
1-7 amended by adding Section 51.010 to read as follows:
1-8 Sec. 51.010. CONTRIBUTION OF ROYALTIES FROM INTELLECTUAL
1-9 PROPERTY TO GENERAL REVENUE FUND. (a) In this section, "net
1-10 royalties" means the amount of royalties described by Subsection
1-11 (b) received by an institution of higher education in a period less
1-12 any amounts paid or spent by the institution during the same period
1-13 to establish, protect, or preserve the institution's ownership or
1-14 rights in intellectual property from which royalties described by
1-15 Subsection (b) are or may be derived, including costs, fees, taxes,
1-16 and reimbursements associated with patenting or registration of
1-17 intellectual property.
1-18 (b) The governing board of each institution of higher
1-19 education shall transfer to the credit of the general revenue fund
1-20 25 percent of the net royalties received by the institution in each
1-21 state fiscal year from the sale, lease, licensing, or use of
1-22 intellectual property derived or created from the efforts of the
1-23 faculty, research fellows, staff, or other personnel or students of
1-24 the institution. The governing board shall transfer the amount
2-1 required by this subsection for a fiscal year in installments as
2-2 directed by the comptroller, not less than quarterly.
2-3 (c) The comptroller shall adopt rules and procedures for the
2-4 administration and enforcement of this section, including rules for
2-5 institutions to compute, report, and transfer the appropriate
2-6 amounts required to be transferred to the general revenue fund.
2-7 The comptroller may retain from amounts appropriated to an
2-8 institution that fails to make a required transfer under this
2-9 section an amount equal to the amount of the required transfer.
2-10 SECTION 2. Subchapter F, Chapter 61, Education Code, is
2-11 amended by adding Section 61.2225 to read as follows:
2-12 Sec. 61.2225. ROYALTY SHARING REQUIRED FOR PARTICIPATION.
2-13 (a) The students of a college, university, or other entity may not
2-14 receive grants under this subchapter in any state fiscal year
2-15 unless the entity enters into an agreement with the comptroller not
2-16 later than August 1 preceding that fiscal year to contribute a
2-17 portion of its net royalties for that fiscal year from intellectual
2-18 property to the general revenue fund in the same amount and manner
2-19 as required by Section 51.010 for a public institution of higher
2-20 education. In the agreement, the entity must agree to provide the
2-21 comptroller the information the comptroller requests to administer
2-22 this section and to allow the comptroller access to the appropriate
2-23 records of the entity for that purpose.
2-24 (b) The comptroller shall collect the appropriate amounts
2-25 from an entity that enters into an agreement under Subsection (a).
2-26 If the comptroller certifies to the coordinating board that an
2-27 entity is not in substantial compliance with an agreement under
3-1 this section, the coordinating board shall immediately suspend the
3-2 payment of grants to students of the entity under this subchapter.
3-3 The coordinating board may not resume those payments until the
3-4 comptroller certifies that the entity has satisfied its
3-5 obligations, including making all required payments, under each
3-6 agreement the entity has entered into under this section.
3-7 SECTION 3. (a) This Act takes effect September 1, 2001.
3-8 (b) Section 51.010, Education Code, as added by this Act,
3-9 applies to royalties received by an institution of higher education
3-10 on or after the effective date of this Act.
3-11 (c) Section 61.2225, Education Code, as added by this Act,
3-12 applies beginning with the 2002-2003 state fiscal year.