SRC-JEC, MSY, LBB S.B. 349 78(R)BILL ANALYSIS


Senate Research CenterS.B. 349
By: Armbrister
State Affairs
6/4/2003
Enrolled


DIGEST AND PURPOSE 

Under current Texas law, the Department of Information Resources (DIR)
does not have the explicit authority to acquire or hold intellectual
property rights through patents, copyrights, trademarks, and other
intellectual property rights.  As a result, DIR is unable to copyright and
trademark parts of its intellectual property and derive revenue from it.
S.B. 349  amends the Government Code to give DIR that explicit authority,
and to require any revenue acquired from intellectual property to be paid
to the general revenue fund.  In addition, S.B. 349 repeals Section
2054.124, Government Code, which requires each state agency to perform a
biennial audit of software licenses for software installed in the agency's
computers. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2054.052, Government Code, by adding
Subsections (e) and (f), as follows: 

(e)  Authorizes the Department of Information Resources (DIR) to acquire,
apply for, register, secure, hold, protect and renew under the laws of the
State of Texas, the United States, any state in the United States, or any
nation certain patents, copyrights, trademarks, or other certain
intellectual property rights; and to contract with a person or entity for
the reproduction, distribution, advertising, sale, marketing or other
related distribution of DIR's intellectual property.  Provides for certain
other intellectual property matters. 

(f)  Requires money paid to DIR under this section to be deposited to the
credit of the general revenue fund except as provided under Section
2054.115(c) (relating to the sale or release of software). 

SECTION 2.  Repealer:  Section 2054.124, Government Code (State Agency
Software License Audit). 

SECTION 3.  Effective date:  September 1, 2003.